Draft mining amendment to ensure security

The WA Government has approved draft mining amendment legislation that will ensure security of mining tenure and address key industry issues.

In 2017, the High Court found that granted mining leases were invalid if they did not strictly follow the process for preparing and lodging tenement applications outlined in the Mining Act 1978.

Following this outcome, the WA Government has drafted amendments to address procedural matters in Mining Act 1978 to prevent similar scenarios from arising in the future.

The changes include amendments to address common pitfalls in the tenement application process such as the statements required to accompany an exploration licence application.

WA Mines and Petroleum Minister David Michael says security of tenure is essential in mining.

“The [WA] Government understands the importance of Western Australia’s mining sector to the State and national economies, much of which is underpinned by security of tenure,” he said.

“Splitting the draft mining amendment legislation in two will speed up the legislative process and deliver greater certainty to industry.”

“We will continue to work with the [Federal] Government to deliver mutually beneficial outcomes for all stakeholders, including Traditional Owners.”

The amendments will also introduce powers to excise areas from the grant of an application for an exploration licence following the 2022 Blue Ribbon Mines v Roy Hill Infrastructure decision that found that the Mines and Petroleum Minister does not have this power.