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RDL5631S: Negotiation of Mining Contracts

This course is aimed at students interested in the process of contract negotiations in the mining sector. The course will provide an overview of the nature of mining contracts, including the advantages and disadvantages of these contracts to furthering the goals of the broader legislative scheme governing mineral resources. It will provide a clear overview of the requirements for a valid contract and the types of terms and conditions typically encountered in contracts of this nature. It will furthermore set out the practical context within which these contracts are negotiated, providing insight into the imbalance of power (assymetry of information) of negotiating teams. The stages of the negotiating process will be set out in detail, which includes the pre-negotiation, negotiation and post-negotiation stage. Finally, the concepts of good governance, transparency and accountability will be discussed throughout the course, given their importance to facilitating outcomes that are favourable to the public.