- Mining law reforms boost certainty and investment confidence in WA
- Reforms strengthen security of tenure and improve application process
- Streamlined, flexible processes support WA's position as a global mining leader
The Cook Labor Government has delivered important reforms to Western Australia's mining laws, with the Mining Amendment Bill 2025 passing State Parliament today.
The reforms will reduce unnecessary red tape, resolve longstanding legal and procedural issues and make the mining tenure system more practical and efficient.
A key focus is addressing a 2017 High Court decision, which exposed legal risks in how applications for mining tenements are assessed.
Under that decision, even minor administrative issues could invalidate an application, potentially disrupting otherwise legitimate proposals. The Bill removes rigid procedural requirements and gives applicants greater flexibility when supplying supporting documents.
It also introduces a new validation mechanism for pending applications affected by procedural issues. This will allow those applications to be lawfully assessed and determined.
The Bill also responds to a 2022 Supreme Court decision, giving exploration licence applicants greater flexibility to excise land, including entire graticular blocks. This will help manage overlapping land interests and infrastructure while allowing exploration to progress.
Other changes include modernising and digitising administrative processes, such as the execution and publication of section 19 instruments and forfeiture notices.
Outdated requirements, such as forwarding maps to the Minister, will be removed along with 2014 provisions that were never brought into effect.
The legislation will provide greater flexibility to vary or remove outdated tenement conditions and establish a more consistent approach to certain enforcement decisions.
The Cook Labor Government will continue working with the Federal Government on further validation measures involving Native Title law, ensuring future reforms are legally robust and compliant.
Comments attributed to Mines, Petroleum and Exploration Minister Daniel Pastorelli:
"The Cook Labor Government is delivering important reforms to modernise WA's mining laws and ensure they continue to support a strong, competitive resources industry.
"We are addressing longstanding legal uncertainties in the mining tenure system, giving greater clarity and flexibility to the way mining and exploration applications are assessed.
"These reforms will remove outdated procedural hurdles, streamline administrative processes and make it easier for legitimate applications to progress.
"By delivering a more practical and efficient regulatory framework, our government is supporting investment, protecting jobs and strengthening the future of WA's resources sector."
