The draft Eligible Mining Activity (EMA) Regulations were released by DEMIRS for stakeholder feedback in the second half of 2024.
The EMA Framework, established under the Mining Amendment Act 2022 (WA), is designed to provide mining tenement holders with an alternative form of authorisation to undertake certain minimal ground disturbance activities, known as eligible mining activities, by lodging an EMA Notice. The intent of the EMA Framework is to improve the efficiency of the application process for minimal ground disturbance activities.
DEMIRS has now finalised the criteria for what constitutes an EMA, and the prescribed requirements that will apply to these activities. The Regulations list the following activities as eligible activities:
- Drilling and activities associated with drilling including drill pads and sumps.
- Excavations to a maximum depth of 4 metres.
- Access tracks required for any of the above activities.
- Rehabilitation relating to the above
A major concern expressed by stakeholders during the consultation period was the potential impacts of the authorisations on the environment, including the impact on trees and black cockatoo and native bird habitats. Resulting from this, the prescribed requirements now include prohibitions on clearing trees having a trunk diameter of 300mm or more and a height of 1,300mm or more and restrictions on clearing native vegetation. The Regulations prescribe a maximum area of activities that can be authorised by an EMA.
A trial of the EMS Framework commenced in February 2025. It is expected to come into effect later this year and, when implemented, will result in significantly shorter approval timeframes for activities which satisfy the EMA criteria. This will be a welcome development for mining tenement holders.