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Mining and Resources Law Summit: Approvals, Investment and Project Value

A major resources approval may be granted yet still face judicial review. Critical-minerals investment is increasingly shaped by governments, foreign-investment controls and strategic intervention. The Mining and Resources Law Summit 2027 brings together leading legal, industry and economic perspectives to examine what it now takes to approve, defend, finance and deliver major resources projects. Navigate environmental and project-approval reform, emerging litigation exposure, native title and cultural-heritage obligations, transaction due diligence, critical-minerals investment and the legal assumptions hiding inside project valuations. Gain practical strategies to protect approvals, strengthen investment decisions and preserve project value from development through delivery.

 

Wednesday, 10 March 2027
9.55am to 10.50am Environmental and Project Approvals Reform: Navigating the New Regulatory and Legal Landscape
  • The most significant reform of Commonwealth environmental law in more than 25 years, including changes to the EPBC Act project-approval framework commencing on or before 1 December 2026
  • The latest implementation developments, emerging issues and practical lessons for proponents and advisers
  • Interaction and duplication between Commonwealth and WA approval processes, including assessment and approval bilateral agreements
  • Reform of Commonwealth and WA biodiversity-offset frameworks, together with other key statutory, policy and practical developments affecting WA approvals

Presenter Lucy Shea, Partner, Clayton Utz; Recommended Planning & Environment Lawyer, Doyle’s Guide 2026

11.55am to 12.45pm WHS in the Mining Sector
4.00pm to 4.15pm Afternoon Tea
9.00am to 9.55am When the Approval Isn’t the End: Emerging Judicial Review and Litigation Risks for Mining and Resources Projects in Australia
  • When can an apparently comprehensive resources approval remain vulnerable to judicial review?
  • What do MACH Energy Australia Pty Ltd v Denman Aberdeen Muswellbrook Scone Healthy Environment Group Inc and the Northern Minerals decision reveal about emerging regulatory risks for mining and resources projects?
  • What can proponents and their advisers do before approval to reduce the risk of litigation disrupting the project?

Presented by Nunzio Lucarelli KC, Aickin Chambers and Francis Burt Chambers; Fellow, Chartered Institute of Arbitrators; Nationally Accredited Mediator

Session 1: Approving, Defending and Delivering Resources Projects

Chair: Marshall McKenna, Partner, Gilbert + Tobin; Band 1, Native Title: Proponents, Chambers Asia-Pacific 2026; Leading Native Title Lawyer, Doyle’s Guide 2025; Best Lawyers 2027, Mining Law, Native Title Law and Natural Resources Law

Professional Skills
2.00pm to 3.00pm Mining and Resources Due Diligence: Protecting Value, Managing Risk and Driving Growth
  • Looking beyond ASIC and ASX requirements to identify regulatory, operational and transaction risks that may not be immediately apparent
  • Using effective due diligence to uncover opportunities, support sustainable growth and create long-term business value
  • Identifying issues that affect directors’ responsibilities, transaction strategy and negotiation outcomes
  • Recognising common blind spots that can erode assets, profitability and enterprise value

Presented by David Salim, CEO and Principal Solicitor, Hetherington

Description

Attend and earn 7 CPD Units including: 
5 units in Substantive Law 
2 units in Professional Skills 
This program is applicable to practitioners from all States & Territories

3.00pm to 4.00pm Critical Minerals Projects: Foreign Investment, Government Intervention and Regulatory Risk
  • Foreign Investment
  • Government intervention
  • Regulatory risk

Presenter David Perks, Partner, MinterEllison; Ranked for Corporate/Governance Practice, Energy Law, Mining Law, Oil & Gas Law, Natural Resources Law and Equity Capital Markets, Best Lawyers and ranked in The Asia-Pacific Legal 500

11.05am to 11.55am Native Title, Cultural Heritage and Project Certainty: Legal Obligations, Agreements and Risk Allocation

Presented by Tom Weaver, Principal, Weaver Strategic Advisory and Marcus Holmes, Principal, Land Equity Legal

Session 2: Investment, Due Diligence and Project Value

Chair: Wendy Treasure, Contracts and Negotiation Specialist, Horizon Power 

12.45pm to 1.15pm Why Major Projects Stall: Legal Strategy, Risk Communication and Dispute Prevention

Explore how advisers can identify compounding project risks, communicate them effectively and intervene before delay becomes dispute.

  • Identify and communicate compounding legal, commercial and stakeholder risks before they derail project delivery
  • Break through regulatory, contractual and relationship blockages by coordinating advisers and aligning competing interests
  • Choose the right response when delivery comes under pressure, from negotiation and mediation to escalation and urgent legal relief

Chair: Marshall McKenna, Partner, Gilbert + Tobin
Panellists:
Wendy Treasure, Contracts and Negotiation Specialist, Horizon Power
Marcus Holmes, Principal, Land Equity Legal
David Salim, CEO and Principal Solicitor, Hetherington

 

10.50am to 11.05am Morning Tea
Professional Skills
4.15pm to 5.15pm Project Value: Law, Economics and Commercial Realities

How do legal rights and obligations shape the commercial choices available to a major resources project? Providing an economic perspective, Conrad Liveris explores the relationship between compensation, negotiated agreements and project value. He considers how these distinctions inform legal advice and negotiation, alongside the effects of timing, cultural impacts and Indigenous participation. The session examines how legal uncertainty and the terms of an agreement affect project costs, timing and investment decisions. It gives lawyers practical questions for testing economic evidence, advising on alternatives and identifying the assumptions underpinning a client’s commercial position

  • How legal rights and obligations shape the commercial choices available to major resources projects
  • The relationship between compensation, negotiated agreements, Indigenous participation and project value
  • How timing, cultural impacts and legal uncertainty affect project costs, negotiations and investment decisions
  • Practical questions lawyers can use to test economic evidence, advise on alternatives and identify the assumptions underpinning a client’s commercial position

Presented by Conrad Liveris, Chief Economist and Director, Black Swan Economics & Advisory

Presenters

Tom Weaver, Principal, Weaver Strategic Advisory
As FMG’s Group Manager, Community and Government, Tom supports a multi-disciplinary team and broad external affairs and Government approvals portfolio including Native Title, Aboriginal heritage, State Agreement Acts and Regulatory Affairs, Community Development, Aboriginal Business Development and Government Relations. Tom has lectured in native title at Murdoch University and at the University of Tennessee. At Fortescue, Tom has led the development and negotiation of multiple Indigenous Land Use Agreements, native title land access agreements and heritage agreements. Tom also led the development of Fortescue’s inaugural Corporate Social Responsibility strategy. Tom joined Fortescue in 2011 after 8 years at the National Native Title Tribunal.


Lucy Shea, Partner, Clayton Utz
Lucy is a Partner at Clayton Utz in Perth, specialising in environmental, planning, Aboriginal heritage and public law. Lucy helps clients to navigate Western Australia's complex project approval and regulatory landscapes.  She advises clients from a broad range of sectors, from energy and resources, industrial and government infrastructure, to agribusiness, renewable energy and property development. Helping clients across the full project lifecycle, from inception to construction, operations and end of life, Lucy is recognised for her deep knowledge and strategic advice on a broad range of statutory frameworks and subject matters, and her clear and practical advice and representation in the context of litigious matters including environmental and planning approval appeals and environmental prosecutions. Lucy also has a background in legislation drafting. With this experience and her expertise advising clients on the EPBC Act over many years, Lucy has been deeply involved in the ongoing EPBC Act reform process. She appeared before both Senate Inquiry hearings in 2025 and 2026 as a technical legal expert for the Urban Development Institute of Australia, has contributed to numerous submissions on various aspects of the reforms for a number of development and mining industry bodies and she attends weekly Technical Working Group meetings with DCCEEW to discuss the latest elements of the reform being worked through.

Marcus Holmes, Principal, Land Equity Legal
Marcus Holmes is Principal of Land Equity Legal, Perth- based native title, mining and environmental lawyers. Marcus has specialised in native title and Indigenous heritage law since the 1992 Mabo decision and has worked for major resources companies in WA, Victoria, NSW, Queensland, South Australia and the Northern Territory. He is also an experienced commercial property, environmental and mining lawyer. As well as working for mining companies in native title negotiations, Marcus works with Indigenous land councils and for native title holder groups through their corporations and is a specialist in agreement making and as a mediator/ facilitator in Developer/ Indigenous and intra-Indigenous dispute resolution.

Marshall McKenna, Partner, Gilbert + Tobin
Marshall McKenna has been a partner since 2000. He joined the partnership of Gilbert & Tobin in its Perth office on 1 June 2016. His principal focus is on commercial litigation, intellectual property, mining litigation (in both the Warden's Courts and the Supreme Court), native title, litigation, land access and planning and environmental approvals and Freedom of Information issues. He is also active in negotiating and documenting compensation, heritage and land access agreements. Marshall has extensive litigation experience including appearing as counsel in several native title and mining matters, and has also instructed in significant trust remediation matter, enforcement of confidentiality obligations, restraints of trade and employment obligations. He was the counsel for the successful party in the first determination that an act not be done under the Native Title Act 'right to negotiate' process. He has previously lectured in Mining and Petroleum Law at the University of Notre Dame and has lectured in Equity at that institution and at the University of Western Australia. Marshall is recognised by Chambers and Doyle's list as a preeminent practitioner in native title and Australia's Best Lawyers recognises him as being a leading lawyer in Litigation and Dispute Resolution; Mining Law; Native Title; Land Access and Planning.

David Salim CEO and Principal Solicitor, Hetherington
David Salim has been a cornerstone of Hetherington since joining the team in 2010. Rising through the ranks to become the Group CEO of both Hetherington Sydney in 2016 and Hetherington Perth in 2019, David has been instrumental in shaping the firm’s evolution into a full-service firm in resources, mining, and environmental law. David holds a Bachelor of Commerce (Finance) and a Bachelor of Laws from the University of Wollongong, where his focus on Environmental Law and Native Title Law laid the foundation for his future endeavours. Further honing his legal acumen, David completed his Graduate Diploma of Legal Practice and was admitted as a Solicitor of the Supreme Court of New South Wales in 2009. Before joining Hetherington, David gained invaluable experience working in the NSW Parliament within the Shadow Attorney General’s Office and a private law firm. His early career provided a diverse range of legal experiences, preparing him to handle the complex challenges he would later face in the mining and environmental sectors. Under David’s leadership, Hetherington has expanded to encompass three specialised entities: Hetherington Tenements, Hetherington Legal, and Hetherington Environmental. David has established a reputation for delivering top-tier legal compliance, regulatory guidance, and strategic management of exploration and mining tenure. His expertise extends beyond Australia, advising ASX-listed and privately-owned companies in jurisdictions across the Pacific, New Zealand, Canada, North and South America, the Middle East, and India. David’s industry recognition speaks to his impact. As a finalist in the 2019 NSW Minerals Council’s Young Achiever Award and the 2020 Gender Diversity Advocate Award, he is not only a legal expert but also a passionate advocate for diversity and inclusion. David has played a pivotal role in land access negotiations, Native Title arbitrations, and the management of state-significant developments, earning him a respected place among his peers. He is also a specialist in due diligence for mergers and acquisitions, particularly in drafting and advising on complex joint ventures and farm-in agreements. His stewardship of over 200 mining companies, both domestic and international, is a testament to his strategic insight and dedication to client success. Moreover, David is a recognised expert in the VALMIN Code 2015 and the preparation of ASIC and ASX-compliant Independent Solicitor Reports. His work has been critical in enabling companies to navigate the rigorous requirements of the Australian, Canadian, and Singaporean Stock Exchanges. David’s commitment to excellence and client service is unwavering. His ambition to become a leading authority in the industry is matched only by his dedication to advancing diversity, inclusion, and community engagement within the sector.

David Perks, Partner, MinterEllison
David co-leads the Corporate and Commercial team in Perth and has over 25 years experience advising some of Australia’s leading energy and resources companies. David has a broad range of corporate experience with particular expertise advising ASX 200 clients on large, complex and innovative transactions. As a highly-regarded corporate and commercial lawyer, David has been consistently ranked as one of Australia’s leading energy and resources lawyers in various directories. Recognised by his peers in The Best Lawyers in Australia for his work in Corporate/Governance Practice, Energy Law, Mining Law, Oil & Gas Law, Natural Resources Law and Equity Capital Markets (2013 to 2023), David is also ranked in The Asia-Pacific Legal 500. David also has expert knowledge of the Corporations Act, ASX Listing Rules, the petroleum legislative regime, the mining legislative regime and foreign investment regulation.


Nunzio Lucarelli KC, Aickin Chambers and Francis Burt Chambers
Nunzio has practised at the Bar for 42 years and has been a silk for 26 years. He practises in a wide range of large complex commercial cases in all Australian Superior Courts. He also appears in Courts of Appeal and the High Court in appeals. His major areas of practice include: commercial law, contracts, corporations law, trade practices, property, the law of mortgages, trusts, and commercial arbitrations (both international and domestic). Nunzio is also a Fellow of the Chartered Institute of Arbitrators and an accredited mediator. Nunzio is a member of the Victorian Bar and the Western Australian Bar. He is also admitted to practice in England and Wales and in New Zealand.


Conrad Liveris, Chief Economist and Director, Black Swan Economics & Advisory
Conrad is an independent economist based in Perth, working nationally across litigation, and economic advisory and development. Much of Conrad’s work involves putting defensible dollar figures on legal claims, including economic loss, employability, earnings capacity, and workforce participation, as well as developing business cases and socio-economic impacts. He works with lawyers, businesses, governments and community organisations on matters where economic evidence must be clear, practical and capable of withstanding scrutiny. Conrad has a particular interest in matters of disruption and counterfactuals. Conrad is a Professional Member of the Economic Society of Australia and a Fellow of the Royal Society of Arts (UK).

Wendy Treasure, Contracts and Negotiation Specialist, Horizon Power

273W14

Mining and Resources Law Summit: Approvals, Investment and Project Value

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All Sessions
Wednesday, 10 March 2027
9.00am to 5.15pm Australia/Perth
CPD Points 7
$795.00
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Morning Session
Wednesday, 10 March 2027
9.00am to 1.15pm Australia/Perth
CPD Points 4
$505.00
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Afternoon Session
Wednesday, 10 March 2027
2.00pm to 5.15pm Australia/Perth
CPD Points 3
$420.00
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Venue
Parmelia Hilton

14 Mill Street, Perth

Directions

Nearby Public Transport:
Train Stations - The Esplanade Station
Bus Interchange - St Georges Terrace Cloisters Green

Parking Information

Parking is not included in you registration. Here are some options below:

Parking Option 1 - Parmelia Hilton Valet Parking Flat fee $60, up to 24hrs

NOTE - Weekdays - ONLY A LIMITED NUMBER OF BAYS AVAILABLE (height restriction of 1.9 metres)

Parking Option 2 - Perth Convention Exhibition Centre - Across the road from the hotel Hourly rate - $6.00 Monday to Friday 6am - 5.59pm - $23 Saturday, Sunday, Public Holiday rates 6am - 5.59pm - $10.00 Night Rate, 6pm - 5.59am - $5.00

Parking Option 3 - Wilson Parking - Westralia Square

Pre-book online for discounted rates - click here

 

Delegates who wish to stay at the Parmelia Hilton over the dates of the conference can utilise code CMTG5 for 20% off standard room rates. Visit https://www.hilton.com/en/hotels/perhitw-parmelia-hilton-perth/ or call them directly on (08) 9215 2000 to secure your discounted room rate.