On 26 June 2025, the WA Government introduced a new Mining Amendment Bill 2025, reviving and building on the Mining Amendment Bill 2024 which lapsed in December 2024 ahead of the State election. The 2025 Bill include the 7 amendments to the Mining Act 1978 (WA) (Mining Act) from the 2024 Bill, plus 4 more. The amendments aim to provide certainty around tenement application processes and requirements, to modernise the application process by facilitating online applications, as well as other changes to improve the efficiency of tenure processes. We have reported on the key amending provisions of the Bill previously.
The Bill goes a long way to resolving long standing tenure issues, dating back to the 2017 decision in Forrest & Forrest v Wilson & Ors [2017] HCA 30. In that case, the High Court found that granted mining leases were invalid if they did not strictly follow the process for preparing and lodging tenement applications under the Mining Act.
There followed a number of cases in the WA Warden’s Court challenging tenure on the grounds of the High Court decision, including True Fella v Pantoro South Pty Ltd [2022] WAMW 19, Azure Minerals Ltd v D & G Geraghty Pty Ltd [2022] WAMW 27) and the True Fella sequel.
The amending legislation is expected to come into force in September 2025.