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.