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.

DEMIRS released two guidance statements in December 2024 which outline the Department’s position following the Blue Ribbon decision.

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.

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.

The mandatory climate change financial reporting regime, introduced by this legislation, commenced on 1 January 2025.

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.

Penalty order in the amount of $13.5m made against Active Super in greenwashing proceedings

The WA State Labor Government has made a major commitment to develop a WA vanadium battery industry with Kalgoorlie-Boulder as the hub.