Mining Agreements: Negotiated Frameworks in the Australian Minerals Sector

Mining Agreements: Negotiated Frameworks in the Australian Minerals Sector Book

  • Author(s): Fitzgerald, A.
  • Published: 2001
  • Publisher: Prospect Media

Abstract: This book sets out to tell a story that, it says, has long awaited the telling: the role of negotiated frameworks as a regulatory mechanism in the development of Australia's premier industry of the 20th century. Agreements negotiated between project developers and the States, the Northern Territory or the Commonwealth to regulate large projects involving substantial infrastructure development are said, rightly, to be a defining characteristic of Australian mining law. ... The conclusion reached is that there is little doubt that the negotiated agreement model has enabled the Australian mining industry to rapidly obtain world status and ensured that mining and minerals processing will continue to be a leading sector in the national economy for decades to come. ...The book is a valuable one and merits consultation by anyone who has the interesting exercise of dealing with the phenomenon of Australian mining franchise agreements. Reviewed by Pat Brazil in the August 2002 issue (Volume 21 No. 2) of the Australian Mining and Petroleum Law Journal. "This is not merely a work of intellectual analysis and curiosity. In its detail and its practical knowledge it is also an astounding practical tool for the practitioner of resource law, government contract law or law relating to international agreements for resource exploitation, and for anyone interested in the vast areas of law that govern the exercise of state powers in the protection of natural resources, the environment, and indigenous rights." :From the foreword by Frank P Grad, Joseph P Chamberlain Professor Emeritus of Legislation, Columbia University School of Law New York. Mining Agreements looks at the development of unique state authorised franchise agreements in Australia, which contain the details and methods of resources exploitation and include requirements for environmental protection. The publication includes a full historical background of the development of franchise agreements and current uses and ongoing development. An insightful and knowledgeable publication, it provides a keen grasp of the future of resource development in Australia and of the ongoing development of the legal tools used in the field. Summary of contents: • Exploitation and development of natural resources • Excellent analyses of comparative law with analogous developments in other parts of the world • Addresses issues of constitutional law related to trade & commerce powers, govt powers related to the mgmt of external affairs and aspects of federalism in Aus • Addresses significant aspects of the control of land use and natural resources • Addresses issues of Aus' foreign investments Table of Contents: Chapter 1 Introduction Chapter 2 Overview of the use of mining agreements in Australia Chapter 3 Defining mining agreements Chapter 4 Significance of mining agreements Chapter 5 Use of mining agreements by the States Chapter 6 The legal context of mining agreements Chapter 7 Ownership and control of mineral resources Chapter 8 Foreign investment in Australian mining sector Chapter 9 The substantive provisions of mining agreements Chapter 10 Mining agreements compared with other forms of resource development contract Chapter 11 Reasons for using mining agreements Chapter 12 Future of mining agreements Chapter 13 Conclusion

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Fitzgerald, A. , 2001, Mining Agreements: Negotiated Frameworks in the Australian Minerals Sector, Book, viewed 09 August 2022,

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