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Articles by Mark Geritz
High Court to finally resolve Future Acts for purposes ancillary to mining under the Native Title Act
A recent grant of special leave to appeal in Harvey v Minister for Primary Industry and Resources [2022] FCAFC 66 has left the door open for the High Court to consider the proper scope of the Future Act provisions of the Native Title Act 1993 (Cth) concerning the grant of a mining tenement for a purpose ancillary to or associated with mining.
New change of control rules and disqualification criteria on the way for Queensland resource authority holders | Lexology
Australia
February 21 2020 Direct and indirect changes of control and new broadranging disqualification criteria for proposed holders of resource authorities will be under the microscope if the Mineral and Energy Resources and Other Legislation Amendment Bill 2020 is passed.
Objectors to Queensland mining leases and related environmental authorities about to lose risk of adverse costs orders | Lexology
Australia
December 12 2019 As the Justice and Other Legislation Amendment Bill 2019 (if enacted) will limit the proponent's scope to seek costs against an objector even if the objections are wholly unsuccessful and the applications are recommended for grant by the Land Court, there will be limited impediment to object to mining leases and related environmental authorities.
Duplication and inefficiency under the microscope in Productivity Commission study into resources sector regulation | Lexology
Australia
October 18 2019 The Productivity Commission's Issues Paper for the study into resources sector regulation identifies regulatory design and decision-making efficiency, transparency and accountability as key issues. The complicated, overlapping regulation of resources projects has long been a significant concern for the sector.
Exploration tenements and prior native title extinguishment - the High Court resets the relationship | Lexology
The High Court has ruled that native title can revive in relation to vacant Crown land, even if a resources proponent has been granted, and is performing authorised activities under, a mining or petroleum exploration tenement in relation to the area. Generally speaking, when native title rights and interests are extinguished, the extinguishment is permanent - the rights and interests do not revive even if the act that caused the extinguishment ceases to have effect.
Enhancing efficiency in native title agreement-making: the Federal Parliament makes a move | Lexology
The Bill is designed to improve native title laws and practice by giving native title claim groups greater flexibility to set their internal processes, and streamlining and improving native title claims resolution and agreement-making.
Queensland's Parliament and Supreme Court move to clarify Indigenous cultural heritage law and practice | Lexology
In the last week, the Parliament and Supreme Court of Queensland have acted to restore certainty to, and provide clarity on, key aspects of Indigenous cultural heritage management in the State. The last week has been momentous for Indigenous cultural heritage management in Queensland, for two reasons.
New Land Access Ombudsman to take referrals of disputes about CCAs and make good agreements
The Land Access Ombudsman would be an independent body to investigate and make recommendations on resolving disputes involving a conduct and compensation agreement or a make good agreement. The new Land Access Ombudsman Bill 2017, which is currently the subject of a public inquiry, seeks to result in a more timely resolution of disputes related to Conduct and Compensation Agreements and Make Good Agreements.
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