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ARTICLE · 23 AUGUST 2020

FIRB Reforms Article Series – Part 5: Mining and resources

Part 5 considers how proposed changes to the foreign investment rules may impact the mining and resources sectors.

AustraliaGovernment, Public Sector

In this edition of our FIRB Reforms Article Series we consider how the Commonwealth Government's proposed changes to the foreign investment rules, as set out in the discussion paper released on 5 June 2020 (Discussion Paper) and the draft legislative amendments released on 31 July 2020 impacts Australia's foreign investment framework in respect of the mining and resources sectors.

What will be of interest to companies operating in these sectors is the proposal for FIRB to loosen its tight grip on royalties arrangements and to clarify its position with respect to certain exploration licences, to address what are seen as inconsistencies and uncertainties in FIRB's current screening process. In contrast, we also delve into why the outlook is not as favourable for proposed investments into critical minerals.

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