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Unit Overview

Description

This unit entails an examination and analysis of Mining Law and Oil and Gas Law in Western Australia. It includes consideration of: mineral ownership, land open for mining, theories of crown disposition, administration of mining dispositions, applications including marking out priorities, exploration tenements, production tenements, surrender and forfeiture, exemptions, questions of law, judicial review and appeals, commercial arrangements, oil and gas, state agreements, registration and dealings.

The key aims of the unit include the consideration and analysis of differing regimes of disposition of publicly owned resources; an understanding of the advantages and disadvantages, and benefits and costs of differing regimes of disposition; an understanding of the relationship of differing regimes of disposition to social and economic considerations, and fundamental principles of commercial and property law; and an understanding of the essential incidental elements of a regime of disposition of resources, including security in title and transactions.

Credit
6 points
Offering
(see Timetable)
AvailabilityLocationMode
Semester 1UWA (Perth)On-campus

The timetable for this teaching period is not currently available. Please see the Important Dates page for the timetable release date and other key date information.

Outcomes

Students are able to (1) demonstrate an understanding of the (a) relevant economic and historic reasoning and principles underlying mining and oil and gas legislation and regulations; (b) relationship between the common law and legislation in the context of ownership, land access, disposition, transfers, and security; (c) constitutional framework; (d) difference between the disposition regime of mining law and oil and gas law; (2) identify, understand and explain the fundamental principles of mining and oil and gas law; critically analyse principles of mining and oil and gas law, identify issues and solve problems by applying appropriate principles, and relate the principles of mining and oil and gas law to social and economic policy; and (3) locate, synthesise and analyse relevant material from primary and secondary sources to critically consider and resolve mining and oil and gas problems.

Assessment

Indicative assessments in this unit are as follows: (1) examination; (2) assignments; and (3) tutorial participation. Further information is available in the unit outline.



Student may be offered supplementary assessment in this unit if they meet the eligibility criteria.

Unit Coordinator(s)
Dr Jacinta Dharmananda
Unit rules
Prerequisites
Enrolment in 20500 Master of Laws
or 20320 Graduate Diploma in Law
or
Enrolment in
20820 Juris Doctor
and Successful completion of
LAWS4101 Foundations of Law and Lawyering
and LAWS4102 Criminal Law
and LAWS4103 Contract
and LAWS4104 Property Law
and LAWS4106 Torts
and LAWS4108 Foundations of Public Law and ( LAWS4109 Legal Theory and Ethics
or LAWS4110 Legal Interpretation
)
Contact hours
Lectures: 12 x 2 hour lectures
Tutorials: 5 x 2 hour tutorials
Texts

Refer to unit outline on LMS

  • The availability of units in Semester 1, 2, etc. was correct at the time of publication but may be subject to change.
  • All students are responsible for identifying when they need assistance to improve their academic learning, research, English language and numeracy skills; seeking out the services and resources available to help them; and applying what they learn. Students are encouraged to register for free online support through GETSmart; to help themselves to the extensive range of resources on UWA's STUDYSmarter website; and to participate in WRITESmart and (ma+hs)Smart drop-ins and workshops.
  • Visit the Essential Textbooks website to see if any textbooks are required for this Unit. The website is updated regularly so content may change. Students are recommended to purchase Essential Textbooks, but a limited number of copies of all Essential Textbooks are held in the Library in print, and as an ebook where possible. Recommended readings for the unit can be accessed in Unit Readings directly through the Learning Management System (LMS).
  • Contact hours provide an indication of the type and extent of in-class activities this unit may contain. The total amount of student work (including contact hours, assessment time, and self-study) will approximate 150 hours per 6 credit points.