- Draft mining legislation to ensure security
of mining tenure and address key industry issues
- Actions address High Court's Forrest &
Forrest v Wilson decision and other matters
- Powers to excise areas from the grant of an exploration
licence to be introduced
The Cook Government has approved draft
mining amendment legislation needed to support security of tenure in
Western Australia's mining sector.
Following the decision in the
Forrest & Forrest v Wilson case in 2017, the High Court found that granted
mining leases were invalid if they did not strictly follow the Mining Act
1978's process for preparing and lodging tenement applications.
As a result, the Cook Government will address
procedural matters in the Mining Act 1978 to prevent future scenarios
like those arising from the High Court's decision.
Changes will include amendments to address common pitfalls in the tenement
application process such as the statements required to accompany an exploration
licence application.
The amendments will also address the Blue
Ribbon Mines v Roy Hill Infrastructure decision in 2022 that found the Mines
and Petroleum Minister does not have the power to excise areas from the grant
of an application for an exploration licence.
Procedural changes to the Mining Act 1978 were proposed as part of
the Mining Amendment (Procedures
and Validation) Bill 2018, with validation matters addressing
existing mining leases remaining subject to ongoing consultation with the
Federal Government to consider Native Title Act 1993 amendments.
Comments attributed to Mines and Petroleum Minister David Michael:
"The Cook 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.
"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 Australian Government to deliver mutually beneficial outcomes for all
stakeholders, including Traditional Owners."
