Australian Resources and Energy Law Journal

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 Energy & Resources Law Association (formerly 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.

Our Journal Vision is: Practical legal insights for the Energy and Resources Industries.
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Community legal rights in mine closure planning;
a comparative analysis of three Australian States

 

Professor Alex Gardner, University of Western Australia Law School, and
Laura Hamblin, formerly research associate at the UWA Law School, 2021

The research presented in this article was supported by CRC TiME. The content of the article is a revised version of a key theme of the “Final Report, Project 1.3 – Mapping the Regulatory Framework of Mine Closure”. The support of the Australian Government through the Cooperative Research Centre Program is acknowledged. The article is current to March 2023.

How important is the legal definition of community rights to consultation in mine closure planning? This article presents a comparative analysis of the regulation of mine closure planning through the operation of mineral resources, environmental and planning laws across three Australian States: Western Australia, Queensland and Victoria. Each state has unique mining industries and quite different legal frameworks for mine closure planning. A key difference is in the legal definition of the duty of mining tenement holders to consult community interests (both private and public interest holders). We address core concepts and key goals in mine closure planning, the legal duties of mining tenement holders to undertake mine closure planning, and the community rights to engage in that planning process. We identify key differences in the essential requirements for closure plan approval, especially in relation to community engagement rights of notification and participation.

 

 

 

 

 

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 Penny Crossley, Associate Professor, The University of Sydney Law School
Editorial Board:
• Peter Holden, Chair, ActewAGL
• Simon Bladen, Rio Tinto
• Kanaga Dharmananda, Francis Burt Chambers WA Bar
• Lauren Kirkwood, Rio Tinto
• Natalie Lonergan, Norton Rose Fulbright
• Robert Merrick, Herbert Smith Freehills
• James Minchinton
• Peter Rose, Johnson Winter & Slattery
• Samantha Smart, Price Waterhouse Cooper

Submissions

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

NSW

TBA

VIC

TBC

 

Submission Requirements

Articles

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

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 Developments

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 Energy & Resources Law with a licence to publish

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