In its 2017 decision in Forrest & Forrest v Wilson & Ors [2017] HCA 30, 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 1978 (WA) (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 (reported on in our earlier articles).
In June 2024, the WA Government approved the drafting of legislative amendments to support security of tenure in Western Australia’s mining sector and address key industry issues arising from the High Court decision and those Wardens Court cases.
The Mining Amendment Bill 2024 was introduced into Parliament in November 2024. The Bill proposes changes to the Mining Act to update and provide certainty around tenement application processes and requirements, to modernise the application process by facilitating online applications, as well as other minor changes to improve the efficiency of resource tenure processes.
Key amending provisions include:
- removing contemporaneity requirements for lodging a s58(1) statement for an exploration licence application and clarifying that the information in that statement specifying the programme of work and budget and technical and financial resources only applies to the first year of the term of the licence (this was the subject matter of the True Fella and following Warden’s Court cases).
- removing contemporaneity requirements for lodging supporting documents under s74(1) for mining lease applications and clarifying requirements for supporting documents such as mineralisation reports
- strengthening the security of title and the integrity of the register of mining titles through an amendment to the indefeasibility of title provisions in s116(2).
- validating pending applications that may not have complied with prescribed requirements.
The Bill did not complete its passage through the Houses prior to Parliament finishing sitting for 2024 and, in view of the State election on 8 March, lapsed on 17 December 2024. It is expected to be introduced again when the new Parliament sits.