LAWS447­16A (HAM)
Mining and Petroleum Law
10 Points
FACULTY OF LAW
TE PIRINGA
STAFF CONTACT DETAILS
CONVENORS
Barry Barton
Phone ext: 4187
Room: LAW.G.36
Office Hours: To be advised
Email: [email protected]
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LAWS447­16A (HAM)
Mining and Petroleum Law
10 Points
PAPER DESCRIPTION
The paper inquires into the legal framework of mining and petroleum activity in New Zealand and internationally.
PAPER STRUCTURE
The course is a ten­point paper for the purposes of degree regulations. It is taught in the first semester. There are no streams or
tutorials. Attendance at lectures is definitely expected. Students who miss a lecture must make their own arrangements for catch­up.
TIMETABLE
There is a mark for class participation; see below.
Please bring your casebook (materials book) to all classes. By all means bring a laptop or other device too, but during class it is to be
used for class purposes only.
LECTURES
Name
Time
Room
Lecture 1
Thu, 3:00 PM ­ 5:00 PM
TC.3.36
LEARNING OUTCOMES
Students who successfully complete the course should be able to:
Have awareness of the legal framework for mining and petroleum activity in New Zealand and internationally;
Have expertise in public and private law analysis relevant to natural resources;
Have improved skills in legal research and writing.
ASSESSMENT
INTERNALLY ASSESSED COMPONENTS
The internal assessment/exam ratio (as stated in the University Calendar) is 1:0. There is no final exam.
Due Date
Time
Percentage
of internal
mark
1. Assignment
27 Apr 2016
12:00 PM
25
2. Take­Home Test
15 Jun 2016
12:00 PM
70
Component Description
3. Class Participation
Internal Assessment Total:
Submission Method
Compulsory
Online: Submit
✔
through Moodle
Online: Submit
through Moodle
5
100
Failing to complete a compulsory assessment component of a paper will result in an IC grade
ASSIGNMENT
The Assignment will be based on course work carried out in class up to the due date. The topic or topics will be provided, in due
course, along with directions as to format and expectations. Maximum length: 1500 words including references. No bibliography. The
Assignment is to be submitted through Moodle.
TAKE­HOME TEST
The take­home test will be made available on Moodle at 12:00 noon on Monday 13 June, and will be completed and submitted by
Moodle by 12:00 noon on 15 June. This is the Study Week after the end of classes and before examinations. Further details about test
format and coverage will be provided closer to the event. Page limits, fonts, margins, referencing rules, etc will be specified. The test is
open­book. The test must be written individually. Students may not share ideas or text for the test. As this is a test there will be no
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Mining and Petroleum Law
10 Points
extensions. If you are unable to complete the test by the due time and date, you will need to apply for special consideration.
CLASS PARTICIPATION
Students are expected to attend all classes and prepare as directed. Please let me know if you are unable to come to class, and make
your own arrangements for catch­up; we do not teach by email. During class, please do not use your laptop for non­class­related
purposes. The class participation mark will be reduced if there are shortcomings in meeting these expectations, and will be increased
for valuable contributions.
HOW ACHIEVEMENT WILL BE MEASURED
Te Piringa Faculty of Law procedures for the presentation, submission and referencing of course work are set out in the Te Piringa
F a c u l t y o f L a w U n d e r g r a d u a t e H a n d b o o k @ p . 3 5 w h i c h i s a v a i l a b l e f r o mhttp://www.waikato.ac.nz/law/undergraduate
(http://www.waikato.ac.nz/law/undergraduate).
Assignment resources are available online athttp://www.waikato.ac.nz/law/student/ (http://www.waikato.ac.nz/law/student/)
Achievement in examinations and tests will be measured primarily in terms of levels of understanding and knowledge gained.
Achievement in assignments will be measured also in terms of fluency and accuracy of expression and referencing.
Major deficiencies in structure, style, grammar and spelling will result in lower marks.
ASSIGNMENT SUBMISSION AND COLLECTION PROCEDURE
All assignments must be submitted electronically through Moodle (http://elearn.waikato.ac.nz (http://elearn.waikato.ac.nz/)). See Te
P i r i n g a F a c u l t y o f L a w U n d e r g r a d u a t e H a n d b o o k , a v a i l a b l e a thttp://www.waikato.ac.nz/law/undergraduate
(http://www.waikato.ac.nz/law/undergraduate). It is the policy of Te Piringa Faculty of Law to return marked work to students within five
weeks of submission. Unless a specified time is set down for the submission of an assignment, the time for submission of an
assignment is 12pm (noon) on the due date.
PROCESS FOR REQUESTING EXTENSIONS, SPECIAL CONSIDERATION AND FOR APPEALING MARKS
Extensions
Students are required to complete and submit all internal assessments by specified dates. The meeting of deadlines is a mark of
professionalism and its enforcement is essential for fairness to all students taking the paper. Handing in course work on or before the
due date also facilitates the timely return of marked work by academic staff. Students should meet requirements as to time deadlines
for course work, or make a request for an extension or special consideration in appropriate circumstances (see Undergraduate
Programmes Manual available from the School of Law Undergraduate website http://www.waikato.ac.nz/law/undergraduate/
(http://www.waikato.ac.nz/law/undergraduate/)). Failure to comply with requirements as to the time deadlines for internal assessment
without having successfully applied either for an extension or special consideration with supporting evidence before the due date will
result in deduction of 2.5 marks for each day or part thereof the work is late. Lateness of more than a week may result in the work not
being marked. No deadlines may be extended beyond two weeks after the last teaching day of the semester(s) in which the paper is
taught as final grades must go to the Board of Examiners at this time. Unless an extension in writing has been granted, a lecturer may
refuse to accept a piece of work which is submitted after the specified date, and automatically award it no mark, or may lower the mark
as a penalty for lateness.
Applications for extension, on the form obtainable from the Law Reception, must be submitted to the Chief Examiner or nominee.
Students should not submit the extension form to the lecturer, nor should students seek extensions from the lecturer via other forms of
communication. Extensions will be granted only on evidence of illness, family bereavement, or serious personal accidents or
circumstances. Please note that too many assignments due at the same time is NOT an acceptable reason, neither are claims that
computers and/or printers have crashed. Account will be taken of the time in which the student has had to complete the internal
assessment before the intervening event occurred. It will be important to consider if the grant of the extension will give the student in
question an unfair advantage over other students. A maximum period of 14 days will be given as an extension unless there are
exceptional circumstances. In determining applications the Chief Examiner or nominee may consult with the Convenor or lecturer of the
relevant paper.
When the Chief Examiner or nominee has made a decision on the application for extension, the nominated Administrative Assistant will
advise the student of the decision by email. Following this, the extension form will be given to the relevant lecturer who will retain it until
after the assignment is marked and returned to students. The form will then be placed on the student’s file. It should be noted that if an
extension of longer than 14 days is granted, the assignment will not be automatically printed out and delivered to the lecturer, therefore
the lecturer is responsible for ensuring the assignment is printed. In appropriate cases, when a student’s application for extension is
declined the Chief Examiner or nominee will inform the student of the process for applying for special consideration.
Complaints procedures
The brochure Student Concerns and Complaints Policy provides details of the University’s process for handling concerns and
complaints and is available from Faculty and School Offices, The Gateway and Student Services Division and is contained in the
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Calendar 2015. See also the document Student Support Structure at Te Piringa Faculty of Law, available from law reception.
TOPICS
Mining and Petroleum Activity. History.
The Legislative Framework: the Crown Minerals Act 1991, Regulations, and Minerals Programmes.
Acquisition and Maintenance of Rights to Minerals.
Access to Land. Protected Areas, Conservation Lands. Environment, Reclamation, Safety. Fracking and Shale Gas. Climate
Change. Marine Areas.
Maori and Indigenous Issues.
Private Minerals, Crown Reservation. Royalties.
Transactions in Minerals and Petroleum. Transfers. Finance.
Comparative Law. Developed and Developing Countries.
International Mineral and Petroleum Development.
General Themes.
SCHEDULE
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Mining and Petroleum Law
10 Points
Week
Paper
1
University
9
Week
Beginning
Mon 29 Feb
Topics
Additional Information
Mining and Petroleum Activity.
History.
2
10
Mon 7 Mar
The Legislative Framework: the
Crown Minerals Act 1991,
Regulations, and Minerals
Programmes.
3
11
Mon 14 Mar
The Legislative Framework: the
Crown Minerals Act 1991,
Regulations, and Minerals
Programmes.
4
12
Mon 21 Mar
Acquisition and Maintenance of
Rights to Minerals.
5
13
Mon 28 Mar
Access to Land. Protected Areas,
Conservation Lands. Environment,
Reclamation, Safety. Fracking and
Shale Gas. Climate Change.
Marine Areas.
6
14
Mon 4 Apr
Maori and Indigenous Issues.
7
15
Mon 11 Apr
Private Minerals, Crown
Reservation. Royalties.
8
16
Mon 18 Apr
Teaching Recess Week
9
17
Mon 25 Apr
Teaching Recess Week
10
18
Mon 2 May
Transactions in Minerals and
Petroleum. Transfers. Finance.
11
19
Mon 9 May
Transactions in Minerals and
Petroleum. Transfers. Finance.
12
20
Mon 16 May
Comparative Law. Developed and
Developing Countries.
13
21
Mon 23 May
Comparative Law. Developed and
Developing Countries.
14
22
Mon 30 May
International Mineral and
Petroleum Development.
15
23
Mon 6 Jun
General Themes.
16
24
Mon 13 Jun
Study Week
17
25
Mon 20 Jun
Exam Week
18
26
Mon 27 Jun
Exam Week
Schedule can be subject to change.
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Mining and Petroleum Law
10 Points
REQUIRED AND RECOMMENDED READINGS
REQUIRED READINGS
Casebook
You need the casebook (course materials) for this paper. It is available from Waikato Print. Bring it to every class, we will be using it in
class.
Crown Minerals Act 1991
Crown Minerals Act 1991. Please get a copy of the Crown Minerals Act in a form that you can bring to class.
Style Guide
McLay, Murray & Orpin, New Zealand Law Style Guide (2nd ed, Thomson Reuters, Wellington, 2011).
RECOMMENDED READINGS
The following items are on desk copy in the Library:
Southalan, J, Mining Law and Policy: International Perspectives (Federation Press, Annandale, 2012), K3904 .S68 2012.
Otto, J and J Cordes, The regulation of mineral enterprises: a global perspective on economics, law and policy (Rocky Mountain
Mineral Law Foundation, Westminster, Colo, 2002), K3904.O77.
Yergin, D, The prize: the epic quest for oil, money, and power (Simon & Schuster, New York, 1991), HD9560.6.Y47 1991.
Smith, E, Materials on international petroleum transactions (Rocky Mountain Mineral Law Foundation, Westminster, Colo, 2000),
K3915.M38 2000.
Further material may be provided on the paper site on Moodle (http://elearn.waikato.ac.nz), the University of Waikato’s online learning
system. Any such material is provided on the following terms: University of Waikato owns the intellectual property rights, including
copyright, in and to this site, or has acquired the necessary licenses to display the material on the site. As a student of the Te Piringa
Faculty of Law, you are granted a limited license to use (access, display or print a single copy) the material from the papers in which
you are enrolled for the purposes of participating in the paper only, provided the information is not modified. Materials may not under any
circumstances be copied, stored, distributed or provided in any form or method whatsoever to any third party. Any other use of the
material is prohibited. None of the material may be otherwise reproduced, reformatted, republished or re­disseminated in any manner or
form without the prior written consent of University of Waikato. To obtain such consent, please contact the Te Piringa Faculty of Law.
ONLINE SUPPORT
Online support for this paper is provided via Moodle.
WORKLOAD
Students should expect to spend 100hours in total on this paper. In addition to lecture attendance, significant time will need to be spent
on background and complementary reading. Students should allow for periods of more­focused research time in the preparation of
assignments.
LINKAGES TO OTHER PAPERS
There are no prerequisites for this paper other than Law 1 and Law 2 papers. The paper will complement other papers in Law on related
subjects, eg Energy Law, Environmental Law, and Water Law.
PAPER APPRAISAL
The course was not taught in 2015. In 2014, students said that they liked the content and the mode of assessment; but some
responses wanted a lighter workload, more time on certain topics, and clearer assignment questions. Those views have resulted in
adjustments to material and timing.
REFERENCE TO UNIVERSITY REGULATIONS
Your attention is drawn to the following regulations and policies, which are published in the University Calendar:
Assessment Regulations 2014 (http://calendar.waikato.ac.nz/assessment/assessment.html)
Change of Enrolment Regulations 2012 (http://calendar.waikato.ac.nz/admission/changeofenrolment.html)
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Computer Systems Regulations 2005 (http://calendar.waikato.ac.nz/policies/computersystems.html)
Policy on the Use of Māori for Assessment (http://calendar.waikato.ac.nz/assessment/useofmaori.html)
Ethical Conduct in Human Research and Related Activities Regulations 2008
(http://calendar.waikato.ac.nz/assessment/ethicalConduct.html)
Student Research Regulations 2008 (http://calendar.waikato.ac.nz/assessment/studentresearch.html)
REFERENCING GUIDELINES AND CAUTION AGAINST PLAGIARISM
Plagiarism means presenting as one’s own work the work of another, and includes the copying or paraphrasing of another person’s
work in an assessment item without acknowledging it as the other person’s work through full and accurate referencing; it applies to
assessment (as defined in the Assessment Regulations presented through a written, spoken, electronic, broadcasting, visual,
performance or other medium. The Student Discipline Regulations are found in the online Calendar and further information at the
S t u d e n t D i s c i p l i n e W e b s i t e . T h e Library (http://www.waikato.ac.nz/library/) a n d S t u d e n t L e a r n i n g
(http://www.waikato.ac.nz/students/student­learning/) are valuable resources to assist you with your studies at the University.
HEALTH AND SAFETY
In the event of the continuous sounding of sirens or ringing of alarms, all occupants of the building must evacuate in an orderly and
timely manner by the nearest exit to an area away from the building and clear of the roadway. They should not attempt to carry
cumbersome equipment and personal belongings. The building cannot be re­entered until the all clear is signalled by the Fire Service or
Building Warden. Lifts must not be used during an evacuation.
Sitting at your computer for long periods has the potential to impact on your physical wellbeing. Careful attention should be paid to
seating and the height of your desk so that your feet are able to sit flat on the floor and your elbows, hips and knees are at right angles.
It is suggested that regular breaks are taken and activities are alternated to avoid staying in one position for too long.
If you hear a siren from the emergency blue boxes placed around campus, listen and follow the instructions carefully.
CLASS REPRESENTATION
The University’s Class Rep Administrator can be contacted on 837 9312 or email address: [email protected]. Further
information can be found at the Class Rep Website (https://sites.google.com/a/waikato.ac.nz/class­reps/).
COMPLAINTS PROCEDURES
The Student Complaints Procedures Website (http://calendar.waikato.ac.nz/policies/studentcomplaints.html) provides details of the
University’s process for handling concerns and complaints.
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