The Australian Resources and Energy Law Journal (ARELJ) began as a collaboration between The Centre for Energy and Resources Law of the University of Melbourne, The Centre for Mining Energy and Natural Resources Law of the University of Western Australia and AMPLA Limited.

A peer reviewed, academic publication, the ARELJ covers current issues, recent developments and challenges relevant internationally and locally to each state and territory.

As well as peer reviewed articles, the ARELJ contains comments on matters of interest, notes on recent developments in case law and legislation, case notes and occasional book reviews.

 


ARELJ 39 (1)

  • CASE NOTES


NEW SOUTH WALES

HEALTH AND SAFETY: DUTIES OF PERSONS CONDUCTING A BUSINESS OR UNDERTAKING (Sara Parker)

The recent NSW District Court decision of Orr v Hunter Quarries Pty Limited examines the health and safety duties of persons conducting a business or undertaking, with a particular focus on the limits of such duties in circumstances where a risk is created by the unforeseeable behaviour of a worker. The decision highlights that, whilst a degree of non-compliance is to be expected, there are limits to this.

 

WESTERN AUSTRALIA

APPLICATIONS FOR EXTENSION OF TIME TO LODGE AN OBJECTION UNDER THE MINING ACT 1978 (WA) (Tim Kavenagh)

A third party may have an interest in the outcome of an application for an extension of time. The failure to provide procedural fairness will usually lead to the conclusion that the decision is no decision at all, and the application can be reheard. Practitioners should be careful not to communicate with the warden without other litigants being included.

 

GUIDANCE ON THE PRINCIPLES THAT APPLY TO A DECISION OF A WARDEN UNDER S 122E OF THE MINING ACT 1978 (WA) IN RESPECT OF THE REMOVAL OF A CAVEAT Richore Pty Ltd v Cougar Metals NL [2020] WAWC 1 (Tom Barrett)

On 30 April 2020, Warden O’Sullivan handed down his decision in Richore Pty Ltd v Cougar Metals NL [2020] WAMC 1, which concerned a plaint for the removal of a caveat from mining lease M 39/159. Warden O’Sullivan’s decision is an illustration of the approach to be taken by a warden in deciding whether to direct the removal of a caveat under s 122E of the Mining Act 1978

 

COMMONWEALTH

CLARK V MINISTER FOR THE ENVIRONMENT [2019] FCA 2027 (Matthew Pudovskis)

A third party may have an interest in the outcome of an application for an extension of time. The failure to provide procedural fairness will usually lead to the conclusion that the decision is no decision at all, and the application can be reheard. Practitioners should be careful not to communicate with the warden without other litigants being included.

 

 

Members can access older issues of the journal online in via the AMPLA Library

 

Editorial Committee

The Editorial Committee is responsible for the publication of AREL Journal, reviewing all submissions, and approving or rejecting each for publication.

Editor: Dr Alexandra S Wawryk, Senior Lecturer Law School, The University of Adelaide
Committee Members:
• Simon Bladen, Rio Tinto
• Kanaga Dharmananda, Francis Burt Chambers WA Bar
• Mark Gerus, Francis Burt Chambers
• Peter Holden, ActewAGL
• Lauren Kirkwood, Baker & McKenzie
• Natalie Lonergan, Norton Rose Fulbright
• Robert Merrick, Herbert Smith Freehills
• James Minchinton, Sparke Helmore
• Peter Rose, Johnson Winter & Slattery

Submissions

Authors considering a submission should contact their State Coordinator to discuss whether any proposed topic has already been assigned to an author.

 

Submission Requirements

An article is 3-10,000 words and argues a core substantial point with appropriate supporting analysis and references. An article may be submitted to the Branch Coordinator at any time. Articles are subject to peer review and will not be published until that process is complete.

Comments, case notes and book reviews are 1-3,000 words and will give an explanation and analysis of a recent topical issue, case or book.

Recent development reports are up to 1,500 words and describe a recent policy, legislative or case law development with minimal analysis

 

Notes for Authors

Authors preparing submissions for the AREL Journal should ensure that all references and other material are in accordance with the Notes for Authors.

Copyright

Articles subject to peer review - authors are required to provide an assignment of their copyright.

Other submissions - authors are required to provide AMPLA with a licence to publish

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