On 9 June 2026, the Review of Native Title and Aboriginal Cultural Heritage Processes in WA’s mining and exploration sectors (the Kelly Review), was tabled in the WA Parliament.
By way of background, this review was commissioned by the WA Government in 2025 in response to concerns from both Traditional Owners and industry. It was facilitated by Mr Glen Kelly, a member of the National Native Title Tribunal. The purpose of the review was to examine how native title and Aboriginal cultural heritage processes could be made more efficient, effective and equitable within the existing legislative framework. The focus was on improving outcomes for both Traditional Owners and the mining and exploration industry.
The review team undertook extensive consultation across WA between June and October 2025, engaging widely with stakeholders.
The final review was delivered by the National Native Title Tribunal on 9 February 2026. Key findings were that the current system is often too costly for both proponents and Native Tile parties (due to overlapping requirements under the Native Title Act, Mining Act and Aboriginal heritage processes), inconsistent, resource constrained (particularly for PBCs and Aboriginal organisations responsible for responding to large numbers of exploration applications) and associated with significant consultant costs and fees. It concluded that improvements could be achieved primarily through policy and administrative reforms rather than legislative amendment.
The 25 recommendations made by the review seek to improve certainty for mining and exploration proponents while strengthening the capacity of Native Title parties and maintaining meaningful cultural heritage protection. Major recommendations include:
- Aboriginal Cultural Heritage Standards for Exploration – the development of a standardised Aboriginal cultural heritage framework for low-impact exploration and prospecting activities.
- Strengthening Native Title Party Capacity – more support for Native Title organisations, many of which lack sufficient resources to participate effectively in consultation processes.
- Heritage Protection Agreements – replacing or modernising the existing Regional Standard Heritage Agreement (RSHA).
- Consultant Standards and Accountability – the development of a code of conduct for heritage consultants, a significant theme from stakeholders being concern about the role and cost of consultants involved in heritage processes.
- Improved Government Coordination – better co-ordination and consistent policy guidance to remove duplication across agencies and Improved information sharing and access to heritage information.
- Expedited Procedure Reforms – improving consistency, transparency and timeliness of decision-making in the administration of the native title expedited procedure for exploration tenements.
The WA Government has broadly accepted the direction of the review and announced a phased implementation program including:
- a new Aboriginal heritage standard for exploration and prospecting
- a Native Title Party Support Strategy
- new policy and technical guidance materials
- a consultant code of conduct and certification framework
- additional funding to support implementation and stakeholder capacity building.
In the longer term, the WA Government will develop alternative future act procedures, including standard rates and compensation entitlements, to be implemented by Indigenous Land Use Agreements (ILUAs) with Traditional Owners.