About

Legal Kitz’s diverse speciality areas also include mining legal services. We work closely with our clients to assist them in navigating the mining industry, including the legal and regulatory frameworks that govern it.

Our expert team of mining lawyers can support your specific needs across contract reviews and negotiation, tendering, risk management, disputes, royalty agreements industrial relations and enterprise bargaining.

We are committed to providing accessible and affordable legal services to all clients throughout their mining projects and mining operations.

Mining industry

The mining industry in Australia is governed by a range of laws and regulations at both the federal and state levels. The main piece of legislation at the federal government level is the Environment Protection and Biodiversity Conservation Act 1999, which establishes a framework for the assessment and management of the environmental impacts of mining activities.

Each state also has its own mining legislation, which regulates issues such as exploration and mining operations, environmental protection, rehabilitation, and health and safety. In addition to these laws, the mining sector is subject to various other regulations, including those related to taxation, land access, and native title.

The aim of these laws and regulations is to ensure that mining activities are conducted in a safe, sustainable, and environmentally responsible manner. Legal Kitz has a deep understanding of the relevant laws and regulations that are applicable to the mining sector, and our mining lawyers can guide you through compliance processes.

Mining law

Mining law is a body of law that governs the exploration and extraction of minerals and other natural resources from the earth. It involves a range of legal and regulatory frameworks that govern the acquisition, use and exploitation of mineral resources.

Mining laws cover a range of issues, including the ownership and transfer of mining rights and infrastructure, environmental regulation, health and safety requirements, and taxation. It also covers the rights and responsibilities of mining corporations, landowners, and other stakeholders involved in the mining sector.

These laws cover a wide range of issues related to mining, including licensing and approvals, environmental management, land access and other compensation agreements, occupational health and safety, and native title and cultural heritage protection.

Mining corporations operating in Australia must comply with these laws and obtain the necessary licenses and approvals before commencing construction or mining activities. They are also required to comply with various environmental and social impact assessment processes to ensure that their activities are sustainable and do not harm the environment or local communities.

Mining tendering, due diligence and risk management

Legal Kitz’s team of experts has extensive experience advising comprehensive due diligence and risk management services to assist your mining company in making informed decisions when bidding on new projects. Our services involve analysing tender documents, identifying potential risks and liabilities and developing a strategy to mitigate them. By utilising our services, businesses can feel confident that they are submitting a competitive bid that aligns with their business goals, regulatory approvals and values. There is an extensive amount of risk assessment that mining companies must conduct before proceeding with any sort of project development and mine development. Here are some common risk management processes that are employed:

Risk identification

The first step is to identify potential risks that could impact the company. Some of the common risks for mining companies include accidents, natural disasters, environmental risks, and regulatory risks.

Risk mitigation

Once the risks are assessed, companies implement measures to mitigate the risks. This could involve implementing safety protocols, introducing environmental controls, or developing contingency plans for potential disasters. Companies may also invest in insurance policies to protect against financial losses.

Stakeholder engagement

Mining and energy companies also engage with stakeholders, such as local communities, governments, and investors, to ensure that their risk management processes are aligned with stakeholder expectations and requirements. Overall, effective risk management processes are critical for the success and sustainability of mining companies in Australia, given the inherent risks associated with the industry.

Risk assessment

Once the risks are identified, the next step is to assess the likelihood and potential impact of each risk. This involves evaluating the severity of the consequences if the risk materializes and the likelihood of it occurring.

Monitor and review

Risk management is an ongoing process, and companies need to monitor and review their risk management processes regularly. This involves assessing the effectiveness of existing controls, identifying new risks, and adjusting processes as necessary.

Request a free legal consultation with Legal Kitz

Legal Kitz offers free 30-minute legal consultations. These consultations allow us to understand and evaluate the needs of your business & enable us to provide practical & cost-effective solutions. Complete the form below to request your legal consultation.