Legislation & Policy Updates

Applying for a second renewal of a mining lease under the Mining Act 1978 (WA)
Recent developments have introduced complexities into the renewal process for mining leases, particularly for leases which have been in force for 42 years or more. Guidelines released by DEMIRS confirm that second renewals are not exempt from the future act provisions of the Native Title Act 1993 and the Right to Negotiate process provided for within that legislative framework.
Department position following Blue Ribbon Supreme Court decision
DEMIRS released two guidance statements in December 2024 which outline the Department’s position following the Blue Ribbon decision.
Draft Mining Regulations Amendment Regulations 2025 (EMA Regulations)
A trial of the EMS Framework commenced in February 2025. 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.
Mining Amendment Bill 2024 WA
The Bill introduces amendments 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 case of True Fella and others. It is expected to be enacted in the second half of 2025.
Treasury Laws Amendment (Financial Market Infrastructure and Other Measures) Act 2024 - Update
The mandatory climate change financial reporting regime, introduced by this legislation, commenced on 1 January 2025.
Case Notes

Commonwealth of Australia v Yunupingu [2025] HCA 6.
In this landmark decision handed down 12 March 2025, the High Court affirmed the decision of the Federal Court that the Commonwealth is liable for compensation over the impact of mining on native title rights on an area in the Gove Peninsula.
Decision of the High Court handed down 12 March 2025.Australian Securities and Investments Commission v LGSS Pty Ltd [2024] FCA 587
Penalty order in the amount of $13.5m made against Active Super in greenwashing proceedings
Recent Developments

Archived News
Legislation & Policy Updates
- Inquiry into WA’s Domestic Gas Market
- Renewable Energy Transformation Agreement, Western Australia
- 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
- 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
Case Notes
- Inquiry into WA’s Domestic Gas Market
- Renewable Energy Transformation Agreement, Western Australia
- 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
- 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
Recent Developments
- Inquiry into WA’s Domestic Gas Market
- Renewable Energy Transformation Agreement, Western Australia
- 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
- 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
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.