This matter involved a statutory construction of the “extension of time” provisions under s 162B of the Mining Act 1978 (WA) (Mining Act) and the discretion of the Warden. It concerned competing applications for miscellaneous licences under the Mining Act lodged by Alinta and then subsequently by Pilbara Energy (a Fortescue subsidiary) for wind farm developments in Western Australia.
Alinta lodged objections to Pilbara Energy’s applications, arguing the proximity of the proposed wind farm turbines would negatively impact their own wind energy production. However, some of these objections were out of time, having been lodged outside the 35 day prescribed period. Alinta sought an extension of time under s 162B which was dismissed by the Warden. Alinta then took the decision of the Warden to the Supreme Court on review.
The Supreme Court handed down its decision on 9 January 2026, setting aside the decision of the Warden and remitting the decision to the Warden for determination according to the law.
The case changes the decision making process of the Warden in considering applications for extension of time. While the merit of the objection is still a relevant consideration which may be taken into account by the Warden, it is no longer mandatory for the objector to prove a prima facie case to be granted an extension of time.