Legislation & Policy Updates

State Development Bill 2025 WA
Concerns raised by the WA Government’s legislative changes to the approval of major projects and the application of development proposal assessment and approvals law.
Local Government Amendment (Rating of Certain Mining Licences) Bill 2025 WA
The WA Government’s legislative fix to clarify that land held under miscellaneous licences cannot be subject to local government rates.
Environment Protection and Biodiversity Conservation Act (EPBC) Reforms
The federal Government’s long awaited reforms to the Environment Protection and Biodiversity Conservation Act 1999 (Cth) were passed on 28 November 2025.
Mining Amendment Act 2022 (WA) - UPDATE
The Mining Amendment Act 2022 (WA) came into effect on 9 September 2025. New initiatives rolled out include the Eligible Mining Activity (EMA) Framework and the Mining Development and Closure Proposals (MDCPs) Framework.
ASX introduces a new close review procedure for listed companies that repeatedly fall short of ASX disclosure obligations
ExcerptASX introduces a new close review procedure to be used when ASX has serious concerns about an entity’s willingness or ability to comply with ASX’s disclosure-related listing rules.
Case Notes

Wingstar Investments Pty Ltd -v- The Honourable Genevieve M Cleary in her Capacity as Mining Warden [2025] WASC 477
Judicial review by WA Supreme Court of recommendation of the Warden for forfeiture of mining leases.
Richmond v Warden Thomas McPhee [2025] WASC 387
Judicial review by WA Supreme Court of the decisions of the Warden in True Fella and subsequent matters restores certainty for applicants for exploration licences.
Doctors for the Environment (Australia) Incorporated v National Offshore Petroleum Safety and Environmental Management Authority & Woodside Energy VID527/2025
The Federal Court has dismissed the DEA’s challenge to the validity of NOPSEMA’s acceptance of Woodside’s Production Environment Plan (EP) for its $19.5 billion Scarborough Gas Project.
ICJ Advisory Opinion on Obligations of States in respect of Climate Change
In this landmark advisory opinion, the International Court of Justice unanimously declared that States have legally binding obligations under international law to protect the climate system and other elements of the environment from greenhouse gas emissions.
Federal Court action by Treasurer regarding 2024 Northern Minerals Disposal Orders
The first case to be brought by a Treasurer before the Federal Court for an alleged breach of the foreign investment laws.
Recent Developments

Australian Government commits to The Cleaner Fuels Program
The Federal Government commits A$1.1bn to the future Australian production of low carbon liquid fuels required for aviation, shipping and other sectors to reach net zero.
United States – Australia Framework for Securing of Supply in the Mining and Processing of Critical Minerals and Rare Earths
The United States and Australia sign the United States – Australia Framework for Securing of Supply in the Mining and Processing of Critical Minerals and Rare Earths.
Emissions Reduction Target 2035
The 2035 Targets Advice report released by the statutory body the Climate Change Authority has recommended that Australia set a 2035 target to reduce the nation’s greenhouse gas emissions by 62-70% compared with 2005 levels.
Final approval of Woodside's North West Shelf gas project extension
Woodside’s North West Shelf gas project granted final approval to extend operations through until 2070, subject to additional conditions aimed at protecting the nearby ancient Murujuga rock art, which include the project reaching net zero emissions by 2050.
Archived News
Legislation & Policy Updates
- Mining Amendment Bill 2025 WA
- Draft Mining Regulations Amendment Regulations 2025 (EMA Regulations)
- Mining Development and Closure Proposal Framework
- Review of Gas Regulatory Framework by Federal Government
- Applying for a second renewal of a mining lease under the Mining Act 1978 (WA)
- Department position following Blue Ribbon Supreme Court decision
- Draft Mining Regulations Amendment Regulations 2025 (EMA Regulations)
- Mining Amendment Bill 2024 WA
- Treasury Laws Amendment (Financial Market Infrastructure and Other Measures) Act 2024 - Update
- 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
- Aboriginal Cultural Heritage (WA): the new DDA process applies to exploration and mining activities from 1 July 2023
- Diversification lease reforms, Western Australia
- Virtual and hybrid shareholder meetings and electronic shareholder communications – permanent reforms now enacted
- Virtual and hybrid meetings, electronic shareholder communications and electronic signatures
- Reform of Employee Share Schemes
- Modernisation of business registers and the Director Identification Numbers regime
- Modern Slavery
- Privacy Law - do the new changes affect you?
- Australian Consumer Law - now also for small businesses
- Native Title Amendment (ILUA) Bill 2017 and the McGlade decision
- ASX is updating admission requirements for listed entities
- Expiry, surrender or forfeiture of mining tenements
- Application of the new Foreign Investment regime to Mining Tenements 6 months in
- New VALMIN Code 2015 approved
- New Foreign Investment regime takes effect
- Application of new Foreign Investment Regime to mining tenements
- Review of VALMIN Code for preparation of Independent Expert Reports
Case Notes
- Shire of Mount Magnet v Atlantic Vanadium Pty Ltd [2025] WASC 274
- The Australian Competition and Consumer Commission (ACCC) v Australian Gas Networks (AGN)
- Doctors for the Environment (Australia) Incorporated v National Offshore Petroleum Safety and Environmental Management Authority & Woodside Energy VID527/2025
- Commonwealth of Australia v Yunupingu [2025] HCA 6.
- Australian Securities and Investments Commission v LGSS Pty Ltd [2024] FCA 587
- 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
- The True Fella Sequel: end of road in the WA Warden’s Court
- The Tjiwarl Compensation Case, Goldfields area of Western Australia
- The True Fella Warden’s Court Decision
Recent Developments
- Western Australia Mines Department Reform
- Draft Community Benefit Guideline for Renewable Energy Projects in WA
- Kalgoorlie set to become WA's vanadium powerhouse
- Inquiry into WA’s Domestic Gas Market
- Renewable Energy Transformation Agreement, Western Australia
- Director Identification Numbers, application deadlines
- Director Identification Numbers
- South West Native Title Settlement to Proceed
- ASX revises COVID-19 Capital Raising Relief Settings
- The virtual or hybrid AGM
- Extension of time for lodging financial reports
- New ASIC Regulatory Portal
- Expiry of PPSR 7 Year Registrations - Review and Renew?
- Employee inventions and the (potentially) million dollar question: who owns the IP?
- AGM advance notice, start thinking now!
- Business Names, Company Names, Domain Names and Trade marks - what's the difference?
- Our partnership with Ignite Mentoring
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.



