LLB443 Mining and Resources Law


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Unit Outline: Semester 2 2021, Gardens Point, Internal

Unit code:LLB443
Credit points:12
Pre-requisite:LLB202 or LWB137
Anti-requisite:LWB259
Coordinator:Amanda Kennedy | amanda.kennedy@qut.edu.au
Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of the teaching period.

Overview

Mining and resources law is dominated by a complex myriad of legislation and regulation. The policies underlying the various legislative schemes recognise the importance of the sector to the Australian economy, and the balance that must be struck between economic and environmental imperatives, property rights, native title and cultural heritage. This unit is designed to explore the salient issues in mining and resources law and their impact in a volatile legal, social, commercial and policy environment.

Learning Outcomes

On successful completion of this unit you will be able to:

  1. Apply the legislative basis of mining and resources law in Queensland and appropriate research strategies to solve real world problems (CLOs 1.1, 2.1, 3.1)
  2. Discuss the relationship between environmental law, native title and cultural heritage and the system of mining titles in Queensland (CLOs 1.2, 1.4, 2.1, 2.3)
  3. Explain the dispute resolution process relevant to the industry (CLOs 2.2)
  4. Critically analyse the salient issues in mining and resources law and their impact in the current political, social and economic context (CLOs 1.4, 2.3)
  5. Communicate legal concepts and solutions to real world mining and resource law problems (CLO 4.1)

Content

The material covered in this unit includes:

  • the legislative framework governing mining and resources in Queensland
  • ownership of minerals and resources
  • exploration and production rights
  • interaction of mining, stakeholder interests and property rights associated with other land use and native title
  • environmental law issues
  • financing and investment issues
  • dispute resolution.

Learning Approaches

This unit employs an active, collaborative and blended approach to learning. It involves an online, self-led learning practice and live workshops where you will learn from experts and your peers. Prior to workshops, you will be supported and engaged in this unit through the delivery of weekly snapshots of unit material, podcasts delivered by experts, formative learning activities, and collaborative discussions that will introduce a range of practical and theoretical perspectives.

Your participation in the unit will include: 

  • Engagement with online materials 
  • Discussions on Blackboard and in live workshops
  • Collaboration with peers and experts to network and share your understandings

Feedback on Learning and Assessment

Students are provided with feedback to assist their learning throughout the semester. The feedback is provided as follows:

  • Live workshops and online materials;
  • Support materials and guidance documents prepared by the teaching team;
  • Individual feedback on items of assessment including through the Criteria References Assessment (CRA) form;
  • Generic feedback posted and discussed on the unit's Blackboard site for each item of assessment; and
  • The option of consultation with a member of the unit's teaching team during the semester.

Assessment

Overview

In this unit you will be graded on a scale of one to seven. Assessment in this unit is both formative and summative.

Unit Grading Scheme

7- point scale

Assessment Tasks

Assessment: Memorandum

Acting as a lawyer for the Department of Natural Resources and Mines, you have been asked to write a memorandum for the Minister that provides an analysis and evaluation of a proposed mining project. 

Weight: 60
Length: 2500 words
Individual/Group: Individual
Due (indicative): Week 9
Related Unit learning outcomes: 1, 2, 3, 4, 5

Assessment: Examination (written)

The take-home examination will be a combination of essay and problem-based style questions. All topics may be examined.

Weight: 40
Individual/Group: Individual
Due (indicative): Week 13
Related Unit learning outcomes: 1, 2, 3, 4, 5

Academic Integrity

Academic integrity is a commitment to undertaking academic work and assessment in a manner that is ethical, fair, honest, respectful and accountable.

The Academic Integrity Policy sets out the range of conduct that can be a failure to maintain the standards of academic integrity. This includes, cheating in exams, plagiarism, self-plagiarism, collusion and contract cheating. It also includes providing fraudulent or altered documentation in support of an academic concession application, for example an assignment extension or a deferred exam.

You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.

Breaching QUT’s Academic Integrity Policy or engaging in conduct that may defeat or compromise the purpose of assessment can lead to a finding of student misconduct (Code of Conduct – Student) and result in the imposition of penalties under the Management of Student Misconduct Policy, ranging from a grade reduction to exclusion from QUT.

Resources

Prescribed materials
Hepburn, S., 2015. Mining and Energy Law. Cambridge: Cambridge University Press.

Blackboard site
Online resources for this unit are available on the unit Blackboard site.

Risk Assessment Statement

There are no out-of-the-ordinary risks associated with this unit.