The state government has drafted amendments to the Mining Act to offer security of tenure over exploration tenements, following a 2017 High Court judgment which cast doubt on the system.
The state government has drafted amendments to the Mining Act to offer security of tenure over exploration tenements, following a 2017 High Court judgment which cast doubt on the system.
The decision in 2017 in the Forrest & Forrest v Wilson case, where a mining lease was ruled invalid because of a non-compliant statement detailing work planned for the area, led to industry concerns over the security of tenure for mining companies.
The changes introduced by Mines and Petroleum Minister David Michael today will seek to amend the legislation, addressing common pitfalls in the tenement application process including the need for statements to accompany exploration licence applications.
The amendments will split the stalled Mining Amendment (Procedures and Validation) Bill 2018.
Measures in that Bill relating to amendments to the Native Title Act 1993 remain subject to ongoing consultation between the state and federal governments.
Citing the Forrest & Forrest v Wilson example, Mr Michael said the changes were an important move to support the state’s critical mining sector.
"Splitting the draft mining amendment legislation in two will speed up the legislative process and deliver greater certainty to industry,” Mr Michael said
"We will continue to work with the Australian government to deliver mutually beneficial outcomes for all stakeholders, including Traditional Owners."
The amendments also seek to address a 2022 Supreme Court ruling which found the Mines and Petroleum Minister did not have the authority to excise areas when granting exploration licence permit applications.
The Chamber of Minerals and Energy chief executive Rebecca Tomkinson welcomed the news, saying it would help industry alleviate uncertainty over mining tenure issues.
“Any amendments to the 46-year-old legislation that can simplify and clarify the requirements of the tenement application process is positive for all stakeholders,” she said.
“It also makes sense to review supporting guidelines to ensure they take into account contemporary technologies and the expectations of community, business and industry.
“CME has talked a lot about the importance of industry to be agile so it can respond to competitive global opportunities so procedural amendments such as this – that can speed up the legislative process and remove the opportunity for court challenges on administrative grounds – are good news for the resources sector.”
Association of Mining and Exploration Companies chief executive Warren Pearce said the legislative change would allow those in the industry to get on with the job.
"To see this draft amendment legislation is a win for industry and will ensure mineral explorers and miners can get on with what they know best, and not get bogged down in administrative detail," he said.
"We know that security of title is paramount to Western Australia's investment attractiveness. You can't expect people to invest in WA if they don't have secure title."
