Legislation & Policy Updates
Mining Amendment Bill 2025 WA
This new 2025 Bill revives and builds on the 2024 Bill which lapsed in December 2024. It introduces amendments to the Mining Act 1978 (WA) to support security of tenure in the WA mining sector and addresses key industry issues arising from the High Court decision of Forrest & Forrest and the subsequent Wardens Court cases. It is expected to be enacted in September 2025.
Draft Mining Regulations Amendment Regulations 2025 (EMA Regulations)
The EMA Framework, established under the Mining Amendment Act 2022 (WA), is designed to provide shorter approval timeframes for certain minimal ground disturbance activities, known as eligible mining activities. It has been trialled by the Department and is expected to come into effect in September 2025.
Mining Development and Closure Proposal Framework
Mining Development and Closure Proposals (*MDCP*s) will also be introduced as a key feature of the Mining Amendment Act 2022 and are expected to come into effect in September 2025. MDCPs will replace the requirement to provide a Mining Proposal and Mine Closure Plan at the project approval stage.
Review of Gas Regulatory Framework by Federal Government
The Federal Government has released its Gas Market Review Consultation Paper for a review of the national gas market regulatory framework to assess fitness for purpose in delivering secure, affordable energy and the transition to net zero.
ASX introduces a new close review procedure for listed companies that repeatedly fall short of ASX disclosure obligations
ExcerptASX introduces a new close review procedure to be used when ASX has serious concerns about an entity’s willingness or ability to comply with ASX’s disclosure-related listing rules.
Case Notes
Shire of Mount Magnet v Atlantic Vanadium Pty Ltd [2025] WASC 274
Decision of the Supreme Court of WA that occupied Crown Land the subject of a miscellaneous licence issued under the Mining Act 1978 (WA) is ratable by local government.
Federal Court action by Treasurer regarding 2024 Northern Minerals Disposal Orders
The first case to be brought by a Treasurer before the Federal Court for an alleged breach of the foreign investment laws.
The Australian Competition and Consumer Commission (ACCC) v Australian Gas Networks (AGN)
ACCC alleges gas distributor, Australian Gas Networks engaged in ‘greenwashing’ in its ad campaign.
Doctors for the Environment (Australia) Incorporated v National Offshore Petroleum Safety and Environmental Management Authority & Woodside Energy VID527/2025
Doctors for the Environment Australia Federal Court challenge to the validity of NOPSEMA’s acceptance of Woodside’s Production Environment Plan (EP) for its Scarborough Gas Project. FC grants DEA maximum costs order limited to $80,000 to facilitate access to justice.
Recent Developments
Western Australia Mines Department Reform
The Department of Energy, Mines, Industry Regulation and Safety (DEMIRS) has become the Department of Mines, Petroleum and Exploration (DMPE).
Draft Community Benefit Guideline for Renewable Energy Projects in WA
PoweringWA has released a Consultation Paper outlining parameters for negotiating Community Benefit Agreements (CBAs) with communities in WA that host renewable energy projects
Archived News
Legislation & Policy Updates
- Applying for a second renewal of a mining lease under the Mining Act 1978 (WA)
- Department position following Blue Ribbon Supreme Court decision
- Draft Mining Regulations Amendment Regulations 2025 (EMA Regulations)
- Mining Amendment Bill 2024 WA
- Treasury Laws Amendment (Financial Market Infrastructure and Other Measures) Act 2024 - Update
- Public consultation opens on long awaited JORC Code Update
- New Guidelines proposed for protection of First Nations Underwater Cultural Heritage
- Mandatory climate change reporting regime legislation – Final Steps
- Aboriginal Cultural Heritage Laws (WA) – Out with the new, in with the old
- The True Fella Sequel: end of road in the WA Warden’s Court
- The Tjiwarl Compensation Case, Goldfields area of Western Australia
- Aboriginal Cultural Heritage (WA): the new DDA process applies to exploration and mining activities from 1 July 2023
- Diversification lease reforms, Western Australia
- The True Fella Warden’s Court Decision
- Virtual and hybrid shareholder meetings and electronic shareholder communications – permanent reforms now enacted
- Virtual and hybrid meetings, electronic shareholder communications and electronic signatures
- Reform of Employee Share Schemes
- Modernisation of business registers and the Director Identification Numbers regime
- Modern Slavery
- Privacy Law - do the new changes affect you?
- Australian Consumer Law - now also for small businesses
- Native Title Amendment (ILUA) Bill 2017 and the McGlade decision
- ASX is updating admission requirements for listed entities
- Expiry, surrender or forfeiture of mining tenements
- Application of the new Foreign Investment regime to Mining Tenements 6 months in
- New VALMIN Code 2015 approved
- New Foreign Investment regime takes effect
- Application of new Foreign Investment Regime to mining tenements
- Review of VALMIN Code for preparation of Independent Expert Reports
Case Notes
- Commonwealth of Australia v Yunupingu [2025] HCA 6.
- Australian Securities and Investments Commission v LGSS Pty Ltd [2024] FCA 587
- Wyloo Metals Pty Ltd v Quarry Park Pty Ltd [2024] WASCA 38 – special leave to appeal to High Court declined
- ASIC v Mercer Superannuation (Australia) Limited 2024 [FCA] 850
Recent Developments
- Kalgoorlie set to become WA's vanadium powerhouse
- Inquiry into WA’s Domestic Gas Market
- Renewable Energy Transformation Agreement, Western Australia
- Director Identification Numbers, application deadlines
- Director Identification Numbers
- South West Native Title Settlement to Proceed
- ASX revises COVID-19 Capital Raising Relief Settings
- The virtual or hybrid AGM
- Extension of time for lodging financial reports
- New ASIC Regulatory Portal
- Expiry of PPSR 7 Year Registrations - Review and Renew?
- Employee inventions and the (potentially) million dollar question: who owns the IP?
- AGM advance notice, start thinking now!
- Business Names, Company Names, Domain Names and Trade marks - what's the difference?
- Our partnership with Ignite Mentoring
The above news items are provided as general information in summary form of legislation and are not intended as legal advice.
Please contact us at McGuinnLegal if you would like further information or need specific advice in relation to any of these matters.