---
title: "Energy, Resources & Mining"
url: "https://ailawframework.com/practice/energy-resources-and-mining"
type: "practice_area"
site: "AI Law Framework"
id: "A13"
task_count: 30
last_reviewed: "2026-10-10"
---

# Energy, Resources & Mining

> Map the project’s tenure, approvals and contractual arrangements before dividing the work. Check current registers and instruments, operational assumptions and the interfaces between regulatory regimes.

Canonical page: https://ailawframework.com/practice/energy-resources-and-mining  
Last reviewed: 2026-10-10

Site index for agents: https://ailawframework.com/llms.txt

Also covers: Resources law; Oil and gas law; Mining law; Petroleum law; Critical minerals law; Energy transition law; Extractive industries law; Offshore petroleum law; Decommissioning law

## Key facts

- Tasks: 30
- Green: 9, Yellow: 19, Red: 2
- Levels: Green is AI drafts and the lawyer checks; Yellow is lawyer and AI draft together; Red is the lawyer writes and AI may only check, clarify or collect data.

## Principles

- **Define the matter**: Confirm the client’s instructions, jurisdiction, intended output and the information available before dividing the work.
- **Verify the authorities**: Open each relied-on authority independently. Confirm its existence, current status, proposition and any quotation or pinpoint reference.
- **Reconcile the figures**: Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.

## Checklist

- Open each relied-on authority independently. Confirm its existence, current status, proposition and any quotation or pinpoint reference.
- Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.
- Calculate operative dates independently from the current rule and actual triggering event. Check exceptions and record the verified deadline.
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Confirm instructions and personal circumstances through appropriate direct engagement. Have the responsible lawyer assess safety, capacity or vulnerability concerns and escalation.
- Obtain and inspect the relevant current official register or search result. Confirm identities, interests and the date and scope of the search.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.

## Restrictions

- Confirm firm, client and applicable court or professional restrictions before using any AI feature.

## Jurisdiction note

Apply this guidance to the actual matter and jurisdiction. Confirm current requirements before relying on an example.

## Basis

Practice guidance supports planning; the responsible lawyer confirms the scope, evidence and review requirements for the matter.

Also covers: Resources law; Oil and gas law; Mining law; Petroleum law; Critical minerals law; Energy transition law; Extractive industries law; Offshore petroleum law; Decommissioning law

Energy, resources and mining law in Australia is a high-stakes, multi-jurisdictional practice combining Commonwealth and state/territory regulatory regimes (OPGGS Act, Environment Protection Reform Act 2025 (Cth) [replacing EPBC Act in tranches from 20 February 2026], state Mining Acts, Native Title Act 1993 (Cth)) with complex bespoke commercial contracts (JOAs, farmout agreements, royalty deeds, off-take agreements) and a rapidly evolving energy-transition layer (critical minerals, CCS, offshore wind, Safeguard Mechanism). The AI risk profile is CRITICAL: regulatory instruments are frequently amended or entirely replaced (OPGGS Safety Regulations 2024 remade June 2025; EPBC Act replaced by seven-Bill reform package passed November 2025, in force in tranches from February 2026; WA Aboriginal Cultural Heritage Act 2021 repealed November 2023 and replaced by amended Aboriginal Heritage Act 1972 (WA); ALRC Future Acts Regime final report submitted March 2026); tenement data comes from external government databases with acknowledged accuracy limitations; future-act and right-to-negotiate timelines are jurisdictionally specific and non-extendable; and a single incorrect permit condition or missed native title step can invalidate a tenement or expose a client to criminal penalties.

## Limits on AI assistance

Red lines — never in this area

## Limits on AI assistance

AI must not generate, or be cited as the source of, case citations, legislation references, or regulatory instrument names in any document sent to a client, court, regulator, or counterparty without full independent verification on a primary legal database — Australian courts have sanctioned practitioners and referred them to regulators for AI-fabricated citations: Re Dayal (2024) 386 FLR 359 (solicitor stripped of principal practice rights, VLSB+C August 2025); DPP v GR [2025] VSC 490 (King's Counsel, Victorian Supreme Court murder proceedings); Valu v Minister for Immigration and Multicultural Affairs (No 2) [2025] FedCFamC2G 95 (solicitor referred to NSW Legal Services Commissioner); Gribble v Essential Energy [2025] NSWDC 344 (AI hallucination flagged in energy-sector proceedings, Gen AI material excluded). AI must not be used to advise on specific right-to-negotiate or future act notification deadlines under the Native Title Act 1993 (Cth) — these are non-extendable statutory deadlines that are jurisdictionally variable; a missed s.29 notification deadline permanently invalidates the tenement grant; the ALRC Future Acts Regime final report (submitted March 2026, pending tabling) proposes structural changes to the future act pathway that AI cannot reflect. AI must not be used to generate licence condition text from a mining licence, petroleum licence, or Environmental Approval instrument — conditions are site-specific and an AI-hallucinated or outdated condition could cause a client to operate outside the terms of an approval, with criminal liability consequences. AI must not be used to assess FIRB approval requirements for resources transactions without current human review — FIRB monetary thresholds were updated 1 January 2026; the US-Australia Critical Minerals Framework (October 2025) altered the allied-nation investor analysis; AI knowledge on current screening thresholds is structurally out of date. No confidential client information, privileged communications, commercially sensitive project data, or tenement register search results may be input into any public or consumer-grade AI platform (including free-tier ChatGPT, Gemini, Copilot, Claude.ai) — doing so risks loss of legal professional privilege (Federal Court GPN-AI Practice Note published 16 April 2026, paragraphs 4.13-4.14) and breaches ASCR Rule 9; the NSW, Victorian and WA law societies' joint guidance (January 2026) reaffirms this obligation. AI must not be used to calculate rehabilitation bond amounts, decommissioning liability estimates, native title royalty equivalents, or Safeguard Mechanism baseline obligations — these require current regulatory rates, site-specific engineering or financial data, and verified statutory formula application. AI must not be used to advise on Aboriginal cultural heritage obligations in Western Australia without the lawyer first determining the operative legislation — the WA Aboriginal Cultural Heritage Act 2021 was REPEALED in November 2023; AI that was trained on the 2021 Act requirements will give legally wrong advice on the currently operative amended Aboriginal Heritage Act 1972 (WA); the two regimes impose materially different obligations on miners. AI must not be used to determine whether a project action requires referral or triggers a controlled action determination under the transitional environment protection framework — the Environment Protection Reform Act 2025 (Cth) passed 28 November 2025 with staged commencement from 20 February 2026; AI trained before that date cannot advise on the new National Environmental Standards, National EPA stop-work powers, or transitional arrangements, and will incorrectly apply the repealed EPBC Act 1999 framework.

- AI must not generate, or be cited as the source of, case citations, legislation references, or regulatory instrument names in any document sent to a client, court, regulator, or counterparty without full independent verification on a primary legal database — Australian courts have sanctioned practitioners and referred them to regulators for AI-fabricated citations: Re Dayal (2024) 386 FLR 359 (solicitor stripped of principal practice rights, VLSB+C August 2025); DPP v GR [2025] VSC 490 (King's Counsel, Victorian Supreme Court murder proceedings); Valu v Minister for Immigration and Multicultural Affairs (No 2) [2025] FedCFamC2G 95 (solicitor referred to NSW Legal Services Commissioner); Gribble v Essential Energy [2025] NSWDC 344 (AI hallucination flagged in energy-sector proceedings, Gen AI material excluded).
- AI must not be used to advise on specific right-to-negotiate or future act notification deadlines under the Native Title Act 1993 (Cth) — these are non-extendable statutory deadlines that are jurisdictionally variable; a missed s.29 notification deadline permanently invalidates the tenement grant; the ALRC Future Acts Regime final report (submitted March 2026, pending tabling) proposes structural changes to the future act pathway that AI cannot reflect.
- AI must not be used to generate licence condition text from a mining licence, petroleum licence, or Environmental Approval instrument — conditions are site-specific and an AI-hallucinated or outdated condition could cause a client to operate outside the terms of an approval, with criminal liability consequences.
- AI must not be used to assess FIRB approval requirements for resources transactions without current human review — FIRB monetary thresholds were updated 1 January 2026; the US-Australia Critical Minerals Framework (October 2025) altered the allied-nation investor analysis; AI knowledge on current screening thresholds is structurally out of date.
- No confidential client information, privileged communications, commercially sensitive project data, or tenement register search results may be input into any public or consumer-grade AI platform (including free-tier ChatGPT, Gemini, Copilot, Claude.ai) — doing so risks loss of legal professional privilege (Federal Court GPN-AI Practice Note published 16 April 2026, paragraphs 4.13-4.14) and breaches ASCR Rule 9; the NSW, Victorian and WA law societies' joint guidance (January 2026) reaffirms this obligation.
- AI must not be used to calculate rehabilitation bond amounts, decommissioning liability estimates, native title royalty equivalents, or Safeguard Mechanism baseline obligations — these require current regulatory rates, site-specific engineering or financial data, and verified statutory formula application.
- AI must not be used to advise on Aboriginal cultural heritage obligations in Western Australia without the lawyer first determining the operative legislation — the WA Aboriginal Cultural Heritage Act 2021 was REPEALED in November 2023; AI that was trained on the 2021 Act requirements will give legally wrong advice on the currently operative amended Aboriginal Heritage Act 1972 (WA); the two regimes impose materially different obligations on miners.
- AI must not be used to determine whether a project action requires referral or triggers a controlled action determination under the transitional environment protection framework — the Environment Protection Reform Act 2025 (Cth) passed 28 November 2025 with staged commencement from 20 February 2026; AI trained before that date cannot advise on the new National Environmental Standards, National EPA stop-work powers, or transitional arrangements, and will incorrectly apply the repealed EPBC Act 1999 framework.

## Jurisdiction-specific considerations

Australian traps

## Jurisdiction-specific considerations

EPBC Act replaced: the Environment Protection Reform Act 2025 (Cth) and six companion Bills passed Parliament on 28 November 2025 — the most significant overhaul of Australia's environment laws since 2000. Tranche 1 commenced 20 February 2026; the National Environmental Protection Agency commences 1 July 2026; all remaining reforms commence by 1 December 2026 (full system by late 2028). AI trained before late November 2025 does not know this Act exists and will advise on the repealed EPBC Act 1999 framework, including the pre-reform referral and controlled action procedure. Any AI-generated environment approval advice must be verified against the Environment Protection Reform Act 2025, the National Environmental Standards now in force, and the applicable transitional provisions. OPGGS (Safety) Regulations 2024 entirely replaced the 2009 Regulations from 12 June 2025 — AI models trained before this date will apply the repealed 2009 regime, including in areas of diving supervisor incident reporting (now to NOPSEMA, not the operator), psychosocial health and wellbeing, sexual harassment, mandatory design notification, and facility status change notifications. Verify against the 2024 instrument on the Federal Register and NOPSEMA's updated guidance. WA Aboriginal Cultural Heritage Act 2021 was REPEALED in November 2023 after only four months of operation following significant industry and community backlash — the amended Aboriginal Heritage Act 1972 (WA) is now the operative legislation, reinstating the section 18 consent regime with key amendments (SAT review rights; 'new information' regime; transferable section 18 consents). AI that absorbed commentary or text of the 2021 Act will advise on non-existent obligations and omit the section 18 process entirely. This is a directly relevant failure mode for any WA mining or resource project. Native Title (ILUAs) Regulations 2024 (Cth) commenced 1 October 2024, replacing the 1999 Regulations — AI will not know the new streamlining requirements for ILUA applications. ALRC Future Acts Regime — the Australian Law Reform Commission submitted its final report to the Commonwealth Attorney-General on 31 March 2026 (pending tabling in Parliament as at June 2026). Proposed reforms include a new impact-based categorisation of future acts replacing the existing 'batting order', an expanded 18-month right-to-negotiate process, native title holder right to object, and a five-year moratorium on similar future act grants if an objection is upheld. If enacted, these proposals would require complete re-analysis of any future act pathway advice. AI has no knowledge of either the Discussion Paper (May 2025) or the Final Report (March 2026). Australian courts have an active practice of referring practitioners to legal regulators and imposing indemnity cost orders for AI-fabricated citations: Re Dayal (2024) 386 FLR 359 (VLSB+C stripped solicitor of principal practice rights, decision August 2025); DPP v GR [2025] VSC 490 (King's Counsel, Victorian Supreme Court murder case — fabricated citations and quotes from parliamentary speeches); Valu v Minister for Immigration and Multicultural Affairs (No 2) [2025] FedCFamC2G 95 (solicitor referred to NSW Legal Services Commissioner); Gribble v Essential Energy [2025] NSWDC 344 (energy-sector case — court flagged AI hallucination risk and ordered exclusion of all Gen AI-sourced material with leave to replead). Resources litigation in the Federal Court, WASC, and QSC carries the same risk under those courts' AI practice notes. Federal Court of Australia Generative AI Practice Note (GPN-AI) published 16 April 2026 (paragraphs 4.13-4.14): specifically warns against inputting confidential, privileged or private information into public AI tools; entry of such information in a manner inconsistent with confidentiality obligations can constitute a waiver. The Practice Note distinguishes between 'open/public' and 'closed/controlled' AI environments but notes that outputs from even closed tools can breach confidentiality if not handled carefully. Supreme Court of NSW GenAI Practice Note (28 January 2025) and Supreme Court of Queensland revised AI guidelines (15 September 2025) also apply to litigation in those courts. Law Society of NSW Solicitor's Guide to Responsible Use of Artificial Intelligence (January 2026): joint position of NSW, Victorian and WA law societies; confirms solicitors bear professional and ethical responsibility for all AI-assisted work product; directly addresses billing obligations (ASCR Rule 12.2) and requires that fees charged reflect actual work performed, not AI-inflated time. State tenement management systems (WA Tengraph/MiST, QLD MMOL, SA SARIG, NT MERLIN, NSW Minview) are the authoritative title registers — AI cannot access these live systems and a formal register search must be conducted on the day any title opinion is finalised. The NNTT NTV is updated daily but disclaims accuracy and notes up to three working-day lags for tenement-based searches. FIRB thresholds updated 1 January 2026: for entities where 10%+ of asset value is attributable to mining, the FIRB approval threshold is nil; for foreign government investors, mandatory approval applies to any interest in mining leases or exploration tenements. The US-Australia Framework for Securing Supply of Critical Minerals and Rare Earths (signed 20 October 2025) has implications for how allied-nation investors are treated in critical minerals screening. AI knowledge on current thresholds is structurally out of date. Stamp duty on mining tenement transfers is a state/territory matter with no uniform approach — AI frequently applies an incorrect jurisdiction's rules. In WA, duty is assessed on the unencumbered value of the tenement; QLD and NSW apply different rules. Always obtain a specialist duty opinion and do not rely on AI descriptions of duty treatment across jurisdictions. Offshore decommissioning financial assurance reform is active: the Department of Industry, Science and Resources published a consultation paper on Offshore Decommissioning and Financial Assurance Reforms in November 2025 (submissions closed January 2026). The estimated $43.6 billion AUD decommissioning liability in Commonwealth waters makes this a commercially material issue; any advice on trailing liability, financial security, or decommissioning obligations must be verified against the current OPGGS Act and any reforms enacted following the consultation.

- EPBC Act replaced: the Environment Protection Reform Act 2025 (Cth) and six companion Bills passed Parliament on 28 November 2025 — the most significant overhaul of Australia's environment laws since 2000. Tranche 1 commenced 20 February 2026; the National Environmental Protection Agency commences 1 July 2026; all remaining reforms commence by 1 December 2026 (full system by late 2028). AI trained before late November 2025 does not know this Act exists and will advise on the repealed EPBC Act 1999 framework, including the pre-reform referral and controlled action procedure. Any AI-generated environment approval advice must be verified against the Environment Protection Reform Act 2025, the National Environmental Standards now in force, and the applicable transitional provisions.
- OPGGS (Safety) Regulations 2024 entirely replaced the 2009 Regulations from 12 June 2025 — AI models trained before this date will apply the repealed 2009 regime, including in areas of diving supervisor incident reporting (now to NOPSEMA, not the operator), psychosocial health and wellbeing, sexual harassment, mandatory design notification, and facility status change notifications. Verify against the 2024 instrument on the Federal Register and NOPSEMA's updated guidance.
- WA Aboriginal Cultural Heritage Act 2021 was REPEALED in November 2023 after only four months of operation following significant industry and community backlash — the amended Aboriginal Heritage Act 1972 (WA) is now the operative legislation, reinstating the section 18 consent regime with key amendments (SAT review rights; 'new information' regime; transferable section 18 consents). AI that absorbed commentary or text of the 2021 Act will advise on non-existent obligations and omit the section 18 process entirely. This is a directly relevant failure mode for any WA mining or resource project.
- Native Title (ILUAs) Regulations 2024 (Cth) commenced 1 October 2024, replacing the 1999 Regulations — AI will not know the new streamlining requirements for ILUA applications.
- ALRC Future Acts Regime — the Australian Law Reform Commission submitted its final report to the Commonwealth Attorney-General on 31 March 2026 (pending tabling in Parliament as at June 2026). Proposed reforms include a new impact-based categorisation of future acts replacing the existing 'batting order', an expanded 18-month right-to-negotiate process, native title holder right to object, and a five-year moratorium on similar future act grants if an objection is upheld. If enacted, these proposals would require complete re-analysis of any future act pathway advice. AI has no knowledge of either the Discussion Paper (May 2025) or the Final Report (March 2026).
- Australian courts have an active practice of referring practitioners to legal regulators and imposing indemnity cost orders for AI-fabricated citations: Re Dayal (2024) 386 FLR 359 (VLSB+C stripped solicitor of principal practice rights, decision August 2025); DPP v GR [2025] VSC 490 (King's Counsel, Victorian Supreme Court murder case — fabricated citations and quotes from parliamentary speeches); Valu v Minister for Immigration and Multicultural Affairs (No 2) [2025] FedCFamC2G 95 (solicitor referred to NSW Legal Services Commissioner); Gribble v Essential Energy [2025] NSWDC 344 (energy-sector case — court flagged AI hallucination risk and ordered exclusion of all Gen AI-sourced material with leave to replead). Resources litigation in the Federal Court, WASC, and QSC carries the same risk under those courts' AI practice notes.
- Federal Court of Australia Generative AI Practice Note (GPN-AI) published 16 April 2026 (paragraphs 4.13-4.14): specifically warns against inputting confidential, privileged or private information into public AI tools; entry of such information in a manner inconsistent with confidentiality obligations can constitute a waiver. The Practice Note distinguishes between 'open/public' and 'closed/controlled' AI environments but notes that outputs from even closed tools can breach confidentiality if not handled carefully. Supreme Court of NSW GenAI Practice Note (28 January 2025) and Supreme Court of Queensland revised AI guidelines (15 September 2025) also apply to litigation in those courts.
- Law Society of NSW Solicitor's Guide to Responsible Use of Artificial Intelligence (January 2026): joint position of NSW, Victorian and WA law societies; confirms solicitors bear professional and ethical responsibility for all AI-assisted work product; directly addresses billing obligations (ASCR Rule 12.2) and requires that fees charged reflect actual work performed, not AI-inflated time.
- State tenement management systems (WA Tengraph/MiST, QLD MMOL, SA SARIG, NT MERLIN, NSW Minview) are the authoritative title registers — AI cannot access these live systems and a formal register search must be conducted on the day any title opinion is finalised. The NNTT NTV is updated daily but disclaims accuracy and notes up to three working-day lags for tenement-based searches.
- FIRB thresholds updated 1 January 2026: for entities where 10%+ of asset value is attributable to mining, the FIRB approval threshold is nil; for foreign government investors, mandatory approval applies to any interest in mining leases or exploration tenements. The US-Australia Framework for Securing Supply of Critical Minerals and Rare Earths (signed 20 October 2025) has implications for how allied-nation investors are treated in critical minerals screening. AI knowledge on current thresholds is structurally out of date.
- Stamp duty on mining tenement transfers is a state/territory matter with no uniform approach — AI frequently applies an incorrect jurisdiction's rules. In WA, duty is assessed on the unencumbered value of the tenement; QLD and NSW apply different rules. Always obtain a specialist duty opinion and do not rely on AI descriptions of duty treatment across jurisdictions.
- Offshore decommissioning financial assurance reform is active: the Department of Industry, Science and Resources published a consultation paper on Offshore Decommissioning and Financial Assurance Reforms in November 2025 (submissions closed January 2026). The estimated $43.6 billion AUD decommissioning liability in Commonwealth waters makes this a commercially material issue; any advice on trailing liability, financial security, or decommissioning obligations must be verified against the current OPGGS Act and any reforms enacted following the consultation.

## Risks to address

How it goes wrong

## Risks to address

AI applies the OPGGS (Safety) Regulations 2009 to a safety case or NOPSEMA compliance question — these Regulations were entirely repealed and replaced on 12 June 2025. Client operates a facility under a superseded framework and faces NOPSEMA enforcement for non-compliance with the 2024 Regulations on psychosocial health, diving incident reporting, or facility status notifications. AI advises on obligations under the WA Aboriginal Cultural Heritage Act 2021 — that Act was repealed in November 2023. Client omits the section 18 consent process under the operative amended Aboriginal Heritage Act 1972 (WA) and conducts disturbance activity on a registered Aboriginal site, exposing the client to criminal liability. This is the single most data-corrupted area in the practice profile: the 2021 Act existed for only four months and generated extensive legal commentary that remains in AI training data. AI applies the old EPBC Act 1999 framework to a project referral or approval after 20 February 2026 — the Environment Protection Reform Act 2025 is in force. Client receives advice that omits the National Environmental Standards, the National EPA's stop-work order powers, and the new biodiversity restoration obligations, and fails to comply with the Tranche 1 requirements. AI confuses which future act pathway applies under the Native Title Act 1993 — advising the expedited procedure applies when the right-to-negotiate applies (or vice versa). Client proceeds to grant without correct native title procedure, rendering the tenement grant invalid and incapable of retrospective cure. This risk is compounded if the ALRC Final Report recommendations are enacted — AI will not know the new impact-based categorisation pathway. AI cites a non-existent or incorrectly stated Australian court case in a mining/energy submission — directly analogous to Gribble v Essential Energy [2025] NSWDC 344 (energy-sector matter; court ordered exclusion of all Gen AI material); practitioner faces referral to the Legal Services Commissioner and indemnity costs. AI imports US or UK JOA provisions (AAPL, AIPN model) without flagging that ministerial approval is required for Australian licence transfers — parties purport to novate an offshore interest without NOPTA approval, rendering the transfer ineffective under the OPGGS Act.

- AI applies the OPGGS (Safety) Regulations 2009 to a safety case or NOPSEMA compliance question — these Regulations were entirely repealed and replaced on 12 June 2025. Client operates a facility under a superseded framework and faces NOPSEMA enforcement for non-compliance with the 2024 Regulations on psychosocial health, diving incident reporting, or facility status notifications.
- AI advises on obligations under the WA Aboriginal Cultural Heritage Act 2021 — that Act was repealed in November 2023. Client omits the section 18 consent process under the operative amended Aboriginal Heritage Act 1972 (WA) and conducts disturbance activity on a registered Aboriginal site, exposing the client to criminal liability. This is the single most data-corrupted area in the practice profile: the 2021 Act existed for only four months and generated extensive legal commentary that remains in AI training data.
- AI applies the old EPBC Act 1999 framework to a project referral or approval after 20 February 2026 — the Environment Protection Reform Act 2025 is in force. Client receives advice that omits the National Environmental Standards, the National EPA's stop-work order powers, and the new biodiversity restoration obligations, and fails to comply with the Tranche 1 requirements.
- AI confuses which future act pathway applies under the Native Title Act 1993 — advising the expedited procedure applies when the right-to-negotiate applies (or vice versa). Client proceeds to grant without correct native title procedure, rendering the tenement grant invalid and incapable of retrospective cure. This risk is compounded if the ALRC Final Report recommendations are enacted — AI will not know the new impact-based categorisation pathway.
- AI cites a non-existent or incorrectly stated Australian court case in a mining/energy submission — directly analogous to Gribble v Essential Energy [2025] NSWDC 344 (energy-sector matter; court ordered exclusion of all Gen AI material); practitioner faces referral to the Legal Services Commissioner and indemnity costs.
- AI imports US or UK JOA provisions (AAPL, AIPN model) without flagging that ministerial approval is required for Australian licence transfers — parties purport to novate an offshore interest without NOPTA approval, rendering the transfer ineffective under the OPGGS Act.

## Review checklist

The lawyer's review checklist

## Review checklist

Every statute, regulation, and regulatory instrument cited by AI has been verified on AustLII or the Federal Register within 30 days of the advice date — with specific attention to: OPGGS (Safety) Regulations 2024 (in force 12 June 2025); Environment Protection Reform Act 2025 and applicable commencement tranche (Tranche 1: 20 February 2026; National EPA: 1 July 2026); Native Title (ILUAs) Regulations 2024 (commenced 1 October 2024); and the amended Aboriginal Heritage Act 1972 (WA) (operative since November 2023, NOT the 2021 Act). Every case citation has been verified on AustLII, Westlaw or LexisNexis — confirmed to exist, say what AI says it says, and remain good law. Treat any AI-produced Australian resources/energy/native title authority as unverified until independently confirmed. Given the hallucination rate, err toward independent research rather than AI assistance for citation-dependent documents. No confidential client information, privileged communications, commercially sensitive project data, or tenement search results were entered into any public AI platform — confirm this with every fee earner before finalising output. Document confirmation in the file. All tenement identifiers, grant dates, expiry dates, conditions and area descriptions have been verified against the authoritative state/territory register search conducted on the day the advice is finalised — not against AI-generated, cached, or data-room-provided data without independent verification. Native title status of any relevant land confirmed by same-day NNTT NTV search; any applicable ILUA conditions, right-to-negotiate deadlines, and future act pathway have been verified against primary sources; the ALRC Future Acts Regime final report (submitted March 2026, pending tabling) has been checked for implementation status at the time of advice. WA heritage advice specifically: confirmed whether the advice concerns the amended Aboriginal Heritage Act 1972 (WA) (operative since November 2023) — NOT the repealed 2021 Act; section 18 consent requirements and the new SAT review rights have been addressed. Any advice on decommissioning obligations, rehabilitation bond amounts, Safeguard Mechanism baseline/credit obligations, royalty calculations, FIRB thresholds, or environmental approval penalties has been re-derived from current primary sources, not accepted from AI output. Billing for the matter accurately reflects actual legal work performed — if AI materially reduced drafting time, the fee has been adjusted to comply with ASCR Rule 12.2 (fair and reasonable billing) consistent with the Law Society of NSW Solicitor's Guide to Responsible Use of AI (January 2026).

- Every statute, regulation, and regulatory instrument cited by AI has been verified on AustLII or the Federal Register within 30 days of the advice date — with specific attention to: OPGGS (Safety) Regulations 2024 (in force 12 June 2025); Environment Protection Reform Act 2025 and applicable commencement tranche (Tranche 1: 20 February 2026; National EPA: 1 July 2026); Native Title (ILUAs) Regulations 2024 (commenced 1 October 2024); and the amended Aboriginal Heritage Act 1972 (WA) (operative since November 2023, NOT the 2021 Act).
- Every case citation has been verified on AustLII, Westlaw or LexisNexis — confirmed to exist, say what AI says it says, and remain good law. Treat any AI-produced Australian resources/energy/native title authority as unverified until independently confirmed. Given the hallucination rate, err toward independent research rather than AI assistance for citation-dependent documents.
- No confidential client information, privileged communications, commercially sensitive project data, or tenement search results were entered into any public AI platform — confirm this with every fee earner before finalising output. Document confirmation in the file.
- All tenement identifiers, grant dates, expiry dates, conditions and area descriptions have been verified against the authoritative state/territory register search conducted on the day the advice is finalised — not against AI-generated, cached, or data-room-provided data without independent verification.
- Native title status of any relevant land confirmed by same-day NNTT NTV search; any applicable ILUA conditions, right-to-negotiate deadlines, and future act pathway have been verified against primary sources; the ALRC Future Acts Regime final report (submitted March 2026, pending tabling) has been checked for implementation status at the time of advice.
- WA heritage advice specifically: confirmed whether the advice concerns the amended Aboriginal Heritage Act 1972 (WA) (operative since November 2023) — NOT the repealed 2021 Act; section 18 consent requirements and the new SAT review rights have been addressed.
- Any advice on decommissioning obligations, rehabilitation bond amounts, Safeguard Mechanism baseline/credit obligations, royalty calculations, FIRB thresholds, or environmental approval penalties has been re-derived from current primary sources, not accepted from AI output.
- Billing for the matter accurately reflects actual legal work performed — if AI materially reduced drafting time, the fee has been adjusted to comply with ASCR Rule 12.2 (fair and reasonable billing) consistent with the Law Society of NSW Solicitor's Guide to Responsible Use of AI (January 2026).

## Tasks (30)

| Task | Level | How AI is used | What the lawyer must review |
| --- | --- | --- | --- |
| [Build a tenement and title due-diligence table from the registers](https://ailawframework.com/practice/energy-resources-and-mining/build-a-tenement-and-title-due-diligence-table-from-the-registers.md) | Yellow | Collate register extracts, encumbrances and native-title or environmental-referral hits into a tenement due-diligence table with identifier, dates, conditions… | Verify every identifier, expiry and condition against a same-day primary register search Do not treat generated tenement numbers as title |
| [Screen native-title, Treaty or tribal-land process for the tenement](https://ailawframework.com/practice/energy-resources-and-mining/screen-native-title-treaty-or-tribal-land-process-for-the-tenement.md) | Yellow | From the title and native-title searches on file, map possible future-act or Treaty/tribal-land pathways and list facts still needed. Do not select the pathway. | Decide which process applies yourself; it is a high-consequence legal call Confirm claims, determinations and notice deadlines on current official registers |
| [Map offshore or onshore licence conditions and safety-case obligations](https://ailawframework.com/practice/energy-resources-and-mining/map-offshore-or-onshore-licence-conditions-and-safety-case-obligations.md) | Yellow | From the licence and safety-case papers, table conditions, notification duties and operator/titleholder allocation, with a list of instruments cited for you… | Read the site-specific licence conditions Verify the current safety regulations; a false condition can put the client outside the licence |
| [Prepare the environmental-approvals pathway for the project](https://ailawframework.com/practice/energy-resources-and-mining/prepare-the-environmental-approvals-pathway-for-the-project.md) | Yellow | Draft a first-pass approvals pathway (referral, assessment, conditions review) from the project description, listing possible triggers and documents still… | Confirm the transitional environmental regime actually in force Check the environment register before advising that no referral exists |
| Map decommissioning obligations and financial-assurance gaps | Yellow | From the licence, JOA and regulator guidance on the file, table decommissioning duties, security and transfer conditions, with document cites. | Decide who pays and whether a transfer is permitted from the title and the JOA Do not advise from a generated table alone |
| Draft or redline a joint operating agreement or farmout | Yellow | Produce a first-draft JOA or farmout from the term sheet, or redline the other side's paper on operatorship, work programme, default, assignment and offtake. | Check consistency with the tenement conditions Check any government consent to assignment |
| Draft or review a royalty, streaming or offtake agreement | Yellow | Extract payment mechanics, delivery, quality, audit and change-of-control into an issues table, or draft first-pass clauses from the term sheet. | Check payment waterfalls and audit rights match the commercial deal Check security over the royalty if instructed |
| [Map energy-transition licensing for the project (wind, CCS, critical minerals)](https://ailawframework.com/practice/energy-resources-and-mining/map-energy-transition-licensing-for-the-project.md) | Yellow | From the project type and the licences on the file, table candidate wind, carbon-storage or critical-minerals licensing steps and open questions. | Verify every licence type, fee and timeline on the current instrument the same day Treat each as a hypothesis until checked;… |
| [Review cultural-heritage and mine-closure obligations on the tenement](https://ailawframework.com/practice/energy-resources-and-mining/review-cultural-heritage-and-mine-closure-obligations-on-the-tenement.md) | Yellow | From the tenement and closure papers, list cultural-heritage, mine-closure and rehabilitation obligations with document cites and the local regime that… | Confirm the operative heritage Act; there is no uniform national scheme Check for repealed regimes, which still appear in training data Take bond figures from… |
| Prepare affidavits, chronologies and a discovery index for a resources dispute | Red | From the permitted file — tenement register extracts, the JOA and its default notices, drilling and production reports, royalty statements and departmental… | You write every affidavit yourself from the deponent's own account, and before it is sworn you check your draft against the proofing note and the exhibits,… |
| Draft a client advice letter on title, approvals or project status | Yellow | From the tenement extracts and approvals map, draft a structured advice letter with open questions and document cites. | Base title conclusions on current searches Verify every licence condition cited |
| Extract change-of-control and assignment consent from the JOA and tenement | Green | Table JOA assignment, pre-emption, change-of-control and any government-consent conditions with clause and title references. | Check every pre-emption right and ministerial consent; a missed one can unwind a deal |
| Build a work-programme and expenditure-commitment tracker from the title | Green | From the licence and any JOA work programme, list commitments, due dates, relinquishment risk and reported expenditure on the file. | Confirm against the current title conditions and regulator correspondence Check every commitment; a missed one can forfeit the tenement |
| Lodge a tenement transfer or dealing for registration | Green | Populate the jurisdiction's prescribed transfer and dealing forms and the lodgement checklist from the executed agreement, the current register extract and… | The lawyer confirms the dealing is registrable, that any required approval or consent has been obtained, that duty has been dealt with where the jurisdiction… |
| Prepare the annual tenement reporting and expenditure return | Green | Map the holder's expenditure ledger and field activity records to the categories in the prescribed report, draft the report and the activity summary, and list… | The lawyer decides what is allowable expenditure on each tenement, whether combined or group reporting applies, and whether the reported work meets the… |
| Settle the land access and compensation agreement with the landholder | Yellow | Assemble the activity description, notice dates and heads of compensation into a working draft against the firm's agreement precedent under the lawyer's… | The lawyer takes instructions on the activities actually proposed, tests each compensation head against the statutory basis, confirms the notice and… |
| Prepare the cultural heritage approval pack for ground disturbance | Yellow | Draft the activity and impact description, the consultation log and the management measures table from the survey reports and the lawyer's instructions, and… | The lawyer confirms which regime applies to this activity and this land, that the right party is named as applicant or sponsor, that every consultation and… |
| Reconcile the disturbance data and prepare the rehabilitation provisioning return | Green | Reconcile the surveyed disturbance areas against the previous return and the title conditions, populate the regulator's cost estimate tool and the return, and… | The lawyer confirms the disturbance categories claimed, that every conditioned rehabilitation obligation is captured, and whether the change triggers a… |
| Prepare the energy retail authorisation or licence application | Yellow | Draft the application sections against the regulator's guideline from the client's corporate, financial and systems material, and build the schedule of… | The lawyer tests whether an authorisation, a licence or an exemption is the right pathway for each jurisdiction of supply, verifies the suitability and… |
| Assemble the market registration and connection application pack | Green | Populate the market operator's registration forms and the connection enquiry pack from the project's technical data and corporate details, and build a… | The lawyer settles the participant category and classification sought, checks eligibility and any exemption relied on, and confirms the technical annexures… |
| Prepare the incident notification and report to the safety regulator | Yellow | Build the incident chronology and the notification timetable from the site records under the lawyer's direction, and assemble the report against the… | The lawyer settles what happened and how it is characterised, checks the notification category and the deadline against the regulations, and decides what is… |
| Compile the expenditure evidence for a contested exemption or forfeiture challenge | Red | Index the expenditure vouchers, contractor invoices, field records and previously reported activity against each tenement and expenditure year, and list the… | The lawyer drafts the evidence with the deponent, confirms the deponent's own knowledge of each expenditure item, and checks the application and objection… |
| [Advise mining company directors on AI and privilege](https://ailawframework.com/practice/energy-resources-and-mining/advise-mining-company-directors-on-ai-and-privilege.md) | Yellow | Draft guidance on using AI with legal advice at board level. | Lawyer settles privilege position. |
| [Set up an AI protocol for supervising staff on resources disputes](https://ailawframework.com/practice/energy-resources-and-mining/set-up-an-ai-protocol-for-supervising-staff-on-resources-disputes.md) | Green | Draft supervision and verification steps for AI use. | Partner approves; Mills Oakley case shows costs risk. |
| [Summarise tenement registers and conditions for due diligence](https://ailawframework.com/practice/energy-resources-and-mining/summarise-tenement-registers-and-conditions-for-due-diligence.md) | Yellow | Extract tenement, holder and condition data. | Verify against the mining register. |
| [Review a JOA or farmout for AI-flagged anomalies](https://ailawframework.com/practice/energy-resources-and-mining/review-a-joa-or-farmout-for-ai-flagged-anomalies.md) | Yellow | Use AI to flag unusual clauses in a document set. | Lawyer confirms each flag. |
| [Prepare a regulatory-change digest for energy clients](https://ailawframework.com/practice/energy-resources-and-mining/prepare-a-regulatory-change-digest-for-energy-clients.md) | Green | Summarise AEMO/AER updates. | Check dates against the source. |
| Advise on copyright risk in training AI on geological or technical data | Yellow | Explain the absence of a TDM exception and the licensing options. | Lawyer gives the advice. |
| Map energy and water impacts of data-centre or AI projects for approvals | Yellow | Summarise the Senate findings for project approvals. | Lawyer checks the current law. |
| Summarise mining tenement conditions into a compliance calendar | Green | Extract conditions and due dates. | Verify against the register. |

## Jurisdiction notes

### Australia

#### Regimes

Commonwealth and state regimes overlap: OPGGS Act, Environment Protection Reform Act 2025 (Cth) (replacing the EPBC Act in tranches from 20 February 2026), state Mining Acts and Native Title Act 1993 (Cth).

#### Contracts and transition

Bespoke JOAs, farmouts, royalty deeds and offtake agreements, plus energy-transition work: critical minerals, CCS, offshore wind and the Safeguard Mechanism.

#### Recent changes

OPGGS Safety Regulations 2024 remade June 2025; EPBC reform package passed November 2025; WA Aboriginal Cultural Heritage Act 2021 repealed November 2023; ALRC Future Acts final report March 2026.

#### Registers

Tenement data comes from government databases with acknowledged accuracy limits. Search the primary register the same day.

#### Native title timing

Future-act and right-to-negotiate timelines vary by jurisdiction and cannot be extended. A wrong permit condition or missed native title step can invalidate a tenement or bring criminal penalties.

### New Zealand

Local name: Energy, resources and mining (Crown Minerals Act 1991)

#### Governing Act

Crown Minerals Act 1991 permits to prospect, explore and mine Crown-owned minerals. Not an Australian tenement statute, the OPGGS Act or a NOPSEMA safety case.

#### Regulator

New Zealand Petroleum & Minerals administers the regime. Search NZP&M permits, not a state tenement register or Native Title Vision.

#### 2025 amendments

Crown Minerals Amendment Act 2025 (enacted 5 August 2025): purpose now 'promote'; ban on new oil and gas exploration beyond onshore Taranaki removed; allocation and decommissioning changed.

#### Māori interests

Iwi and hapū consultation is built into the Minerals Programmes. The Act limits land entry in areas of special importance to Māori. Native Title Act future-act machinery does not apply.

#### Other consents

A minerals permit is not a resource consent under the RMA. Overseas investors: Overseas Investment Act 2005, not FIRB.

- Do not file a generated citation, quote or statutory reference until you have opened it in legislation.govt.nz or a trusted case database.
- Do not enter private, confidential, suppressed or privileged material into a public chatbot.

Sources:

- [Crown Minerals Act 1991](https://www.legislation.govt.nz/act/public/1991/70/en/latest/) (checked 2026-09-23)
- [MBIE: Crown Minerals Act regime](https://www.mbie.govt.nz/building-and-energy/energy-and-natural-resources/energy-generation-and-markets/liquid-fuel-market/crown-minerals-act-regime) (checked 2026-09-23)
- [NZP&M: Crown Minerals Act law changes](https://www.nzpam.govt.nz/nz-industry/crown-minerals-act-law-changes) (checked 2026-09-23)
- [NZP&M: Crown Minerals Amendment Act 2025 now law (5 August 2025)](https://www.nzpam.govt.nz/about/news/crown-minerals-amendment-act-2025-now-law) (checked 2026-09-23)
- [Crown Minerals Amendment Act 2025](https://www.legislation.govt.nz/act/public/2025/0040/latest/LMS993433.html) (checked 2026-09-23)
- [Overseas Investment Act 2005](https://www.legislation.govt.nz/act/public/2005/0082/latest/DLM356881.html) (checked 2026-09-23)
- [Courts of New Zealand: GenAI guidelines — Lawyers (7 December 2023)](https://www.courtsofnz.govt.nz/assets/6-Going-to-Court/practice-directions/practice-guidelines/all-benches/20231207-GenAI-Guidelines-Lawyers.pdf) (checked 2026-09-23)

### United States

Local name: Energy, resources and mining

#### Governing law

Federal energy regulation (FERC, federal lands, federal environmental statutes) sits beside state oil-and-gas, mining and utility law.

#### No national code

No single mining code like an Australian state mining Act. Confirm the regulator before a tool picks a statute.

Sources:

- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-09-23)
- [FERC: What FERC does](https://www.ferc.gov/what-ferc-does) (checked 2026-09-23)
- [Bureau of Land Management: Energy and minerals](https://www.blm.gov/programs/energy-and-minerals) (checked 2026-09-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*