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:
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 more
Paper addressing contemporary issues regarding the operation of State Agreements in Western Australia in regulating large extractive and resources projects.read more
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 more
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 more
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 more
Clarifying 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 more
International legal developments have increasing relevance for mining operations and mining law.read more
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 more
MBA thesis (2010) on the implications of sustainable development for non-profit bodies.read more
Three publications were issued in 2018 about the regulation and future of the extractives sector, by the Western Australian and Commonwealth Governments. This article summarises the contents of these documents and examines implications. These include the advances made...read more