Evolution of the Current Legal Environment into the Twenty-First Century - Its Impact on Australian Mining

The perception of the mining industry in the Australian community has changed considerably over the last four decades. This has been partly brought about by changing values and expectations of the Australian community as well as by global factors. The legal environment for the Australian mining industry has undergone significant changes. Among them, the High Court's Mabo decision which confirmed native title rights as part of the common law and environmental legal developments are dealt with particularly. It is suggested that the Australian legal environment is not necessarily the prime cause for Australian mining companies taking their investment off shore. This is a summary on how native title impacts on land tenements and some of the major issues that emerged since the `Mabo decision' and the Native Title Act 1993 are discussed. Environmental legal developments have resulted in liability facing directors and senior management in compliance matters .and in operating mining and other businesses because of changes in community expectations. In the next decade it is suggested there will be many drivers for more changes in the legal environment. Some of these are touched on including the changing roles of the Commonwealth and State Governments, the High Court as -law-makers and the changing relationships with indigenous people in Australia and in overseas countries. The changing legal environment for mining demands a national approach in many areas on the proposition that resource based industries are part of a national industry. The uniform law approach among the States has been taking place but this needs to further. An appropriate task force should be forward to review the entire legal structure and regulations affecting mining on a national rather than a State basis . The mining industry will need to work with expectations of a changing community which have powerful, but sometimes contradictory, interest groups.