GOVERNANCE & REGULATION
Governance in corporations, non-profit organisations and benefit-receiving institutions, is of increasing interest to stakeholders and regulators particularly in the resources sphere. The many reporting and disclosure requirements of businesses and non-profit organisations, including Indigenous corporations, seek to encourage functional operations through government regulation. Organisational compliance with environmental and other legislative arrangements can impact directors’ liabilities.
The resources sector is a complex and difficult area of regulation for government agencies. The economic, social and environmental stakes are high, and the engineering and technical requirements of resources projects require specialised knowledge. There is growing emphasis on corporate supply chains, with contractual and regulatory controls being used in response to problems associated with corruption, conflict minerals and labour standards.
Lawyers in the Resources Law Network have experience in advising companies, organisations and governments on governance and regulation. To contact a lawyer from Resources Law Network, on governance or regulation matters, click a name below:
RECENT DEVELOPMENTS
Conciliating Responsible Business Conduct Claims against Multinational Enterprises
The OECD Guidelines for Multinational Enterprises are internationally agreed standards for responsible business conduct, covering human rights, labour relations, environment, consumer interests and other areas. Australia is one of 50 countries which has joined the...
read moreHigh Court’s Mineralogy decisions: battles and war
In 2020, the WA Parliament enacted a law terminating a current arbitration and extinguishing rights of various companies connected to Clive Palmer. High Court challenges to the law’s validity, brought by Mineralogy companies and Palmer, were dismissed in October 2021....
read moreState Agreements and Resources Operations
Paper addressing contemporary issues regarding the operation of State Agreements in Western Australia in regulating large extractive and resources projects.
read morePrinciples for Durable Extractive Contracts
Note summarising ‘Guiding Principles for Durable Extractive Contracts’ which were endorsed by the OECD Development Centre in February 2020 In February 2020 the OECD endorsed a framework, aimed at governments and investors, for the content and negotiation of...
read moreAustralian Resources Sector Regulation
Members of Resources Law Network provided a submission to the Productivity Commission inquiry into Resources Sector Regulation. The submission emphasised the need for increased awareness and use of international standards and materials in Australian resource...
read moreState agreements and WA resources regulation
Western Australia uses parliamentary-approved contracts to regulate many large resources projects. A 2015 report examined the pros and cons of this form or regulation Parliaments and Mining Agreements: Reviving the Numbed Arm of Government. The report summarised these...
read moreClarifying the Current Role of a social licence in its legal and political context: An examination of mining in Western Australia
Journal article examining how the social licence to operate (SLO) concept operates in practice in the context of mining Western Australia, in comparison to legal and political licences.
read moreMining: International Developments with Domestic Significance
International legal developments have increasing relevance for mining operations and mining law.
read moreRegulation of the resources sector
Members of Resources Law Network provided a submission to the Productivity Commission inquiry into Resources Sector Regulation. The submission identified issues regarding best-practice arrangements and urged a broadening scope of study. The full Resources Law Network...
read moreWhat’s good for the goose… Implications of sustainable development for non-profit management
MBA thesis (2010) on the implications of sustainable development for non-profit bodies.
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