Legislation & Policy Updates

Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) - Update
The second stage of the EPBC Act reforms commenced on 1 July 2026. The focus of this stage is on establishing the new environmental governance framework.
Petroleum Legislation Amendment Act 2024 (WA) and Regulations - Update
The new legislative framework for PLAA2024, including principal PLAA2024 supporting regulations which determine how carbon capture and storage projects will be assessed and managed, comes into effect.
Review of Native Title and Aboriginal Cultural Heritage Processes in WA’s mining and exploration sectors (The Kelly Review)
The WA Government has announced a phased implementation program for the recommendations of the Kelly Review. The purpose of the review was to examine how outcomes could be improved for both Traditional Owners and the mining and exploration industry in connection with native title and Aboriginal cultural heritage processes.
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.
Case Notes

Opotiki Pty Ltd as trustee for the Caldwell Family No. 2 Trust & Ors v Ausgold Ltd & Ors [2026] WAWC 1.
This important decision in the Warden’s Court confirms the power of the Warden to restrain dealings in tenements by granting injunctive relief and expands the practical remedies available in tenement validity disputes.
Federal Court action by Treasurer regarding 2024 Northern Minerals Disposal Orders
In this landmark ruling, the Federal Court has ordered a foreign investor and its associate to pay $14 million in penalties for breaching Australia’s foreign investment laws. This is the first case to be brought by a Treasurer before the Federal Court for an alleged breach of those laws.Australasian Centre for Corporate Responsibility v Santos Limited [2026] FCA 96
The Federal Court has handed down its much-anticipated decision in the greenwashing case brought by the ACCR against Santos, dismissing all claims against Santos. This is the first case globally to allege that a company’s net zero target is misleading, rather than just inadequate.
Alinta Energy Clean Energy Development Pty Ltd V McPhee in his capacity as Mining Warden [2026] WASC 5
Judicial review by WA Supreme Court of the decision making process of the Warden in considering applications for extension of time under the Mining Act 1978 (WA).
Barto Gold Mining Pty Ltd v Peter John Panizza [2025] WAWC 4
In this landmark judgement of the Wardens Court, the Warden provides an examination of and practical guidance on how the Court will determine compensation for mining activities over private land under s 123 of the Mining Act 1978 (WA).Gold Valley Iron Ore Pty Ltd, Odell Resources Pty Ltd, Yuzheng Xie -v- State of WA, Perth Magistrates Court
Mining company fined for carrying out mining activities without holding the tenure issued under the Mining Act 1978 (WA) allowing it to use the area for those activities.
Recent Developments

ASX Listed Entity Supervision Report
Disclosure by mining companies in areas considered to have a higher potential to cause adverse market effects, is identified as a focus area in FY27 by ASX Supervision in its first Listed Entity Supervision Report.
The Commonwealth Domestic Gas Reservation Scheme (DGR Scheme)
The new national Domestic Gas Reservation Scheme, which requires LNG exporters to supply domestically an amount equivalent to 20% of their LNG export volumes, represents a significant reform for the east coast of Australia.
Tilt Renewables Waddi Wind Farm in WA reaches FID
The Waddi Wind Farm in Western Australia reaches FID, targeting commercial production in 2028.
2026 RIU Explorers Conference, Western Australia
The 2026 RIU Explorers Conference highlights a highly optimistic exploration environment driven by record gold prices and strong copper markets with increasing strategic focus on critical minerals.
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.
Archived News
Legislation & Policy Updates
- Environment Protection and Biodiversity Conservation Act (EPBC) Reforms
- Mining Amendment Act 2022 (WA) - UPDATE
- 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
- ASX introduces a new close review procedure for listed companies that repeatedly fall short of ASX disclosure obligations
- 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
- Wingstar Investments Pty Ltd -v- The Honourable Genevieve M Cleary in her Capacity as Mining Warden [2025] WASC 477
- Richmond v Warden Thomas McPhee [2025] WASC 387
- Doctors for the Environment (Australia) Incorporated v National Offshore Petroleum Safety and Environmental Management Authority & Woodside Energy VID527/2025
- ICJ Advisory Opinion on Obligations of States in respect of Climate Change
- Shire of Mount Magnet v Atlantic Vanadium Pty Ltd [2025] WASC 274
- Federal Court action by Treasurer regarding 2024 Northern Minerals Disposal Orders
- 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
- United States – Australia Framework for Securing of Supply in the Mining and Processing of Critical Minerals and Rare Earths
- Emissions Reduction Target 2035
- Final approval of Woodside's North West Shelf gas project extension
- 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.



