Bills
Mining Amendment Bill 2025
Receipt and first reading
Hon Jackie Jarvis (Minister for Agriculture and Food) Bill received from the Assembly and, on motion by on behalf of Hon Matthew Swinbourn (Minister for the Environment), read a first time.
Second reading speech
Hon Jackie Jarvis (Minister for Agriculture and Food) (5:59 pm): I move:
That the bill be now read a second time.
I am pleased to introduce the Mining Amendment Bill 2025 to the house. The purpose of the bill is to modernise and clarify key procedural aspects of the Mining Act 1978 (WA act) to provide greater certainty and efficiency for proponents and to strengthen the state's ability to administer its mineral resources framework in a fair, transparent and future-ready manner. This bill builds upon and complements reforms already enacted under the Mining Amendment Act 2022 to ensure legislative consistency and operational clarity. This bill has its origins in the former Mining Amendment (Procedures and Validations) Bill 2018 and subsequent 2020 draft, which were developed in response to the High Court's decision in Forrest & Forrest Pty Ltd v Wilson and Ors. That decision highlighted risks in the application and grant process for mining tenements and the need to clarify certain procedural requirements under the act. This important bill will restore the integrity of the mining register and redress some of the issues arising from that decision; namely, that a failure to comply strictly with the technical application requirements of the act meant there was no jurisdiction to deal with applications for the grant of mining tenements. This had the effect of invalidating the grant of some tenements and undermined long-held practices within the industry. This reform restores jurisdiction to mining registrars, the wardens and the minister to deal with such applications, including the power to request further information as a practical measure to deal with applications that might not strictly comply with every technical application requirement. This will restore efficiency and practicality to the application process. It ensures applications can be progressed and assessed on their merits, without resorting to litigation or requiring unnecessary reapplication due to procedural technicalities.
The bill contains several measures that will enhance the efficiency of the procedures and processes in the Mining Act, especially as those procedures apply to people applying for mining tenements. I will briefly address each of them in turn.
First, the bill will introduce the ability for areas to be excised from applications for exploration licences. It also introduces the ability for entire graticular blocks to be dropped from such applications. These amendments became necessary following the 2022 WA Supreme Court decision in Blue Ribbon Mines Pty Ltd v Roy Hill Infrastructure Pty Ltd, which decided there was no general power in the act to excise areas from an application for an exploration licence. By introducing the ability to excise, the bill puts exploration licences on the same footing as other mining tenement types for which there is already an ability to grant a lesser area than applied for.
Second, the bill will simplify the procedures relating to an application for an exploration licence. Applicants will now be required to provide only one year's worth of forward planning information, including proposed work programs, expenditure and capability statements. The bill also removes the requirement to lodge this information at the time of application, providing flexibility and enabling registrars and wardens to request additional information when necessary.
Third, the bill amends the provisions governing second renewals of mining leases. The amendments allow for clarity of process and timing for second renewal applications for mining leases, removing ambiguity and ensuring better alignment with industry and administrative needs.
Fourth, the bill enables digital execution and publication of section 19 instruments and clarifies when such instruments take effect, modernising longstanding administrative processes. Fifth, the act will be amended to allow conditions imposed on grant of mining tenements to be varied at a later time to enable responsive management when circumstances affecting tenements evolve.
Sixth, the bill will remove obsolete provisions, such as the JORC Code requirement for a resource report, and removes un-commenced provisions from the Mining Legislation Amendment Act 2014 that have been superseded by the Mining Amendment Act 2022.
Seventh, to address Forrest-related risks for existing applicants for mining tenements, the reform provides for the validation of pending applications for the grant, amendment or renewal of a mining tenement that were lodged before the commencement of the bill. This includes allowing the minister, mining registrar or warden to deal with the applicant and request further information, including documents and statements, so that these applications can be dealt with and determined lawfully.
Eighth, the bill addresses any misconceptions that the term "unavailable" for exploration means a permanent exclusion of access by time bounding the relevant provisions. Ninth, applicants for exploration licences will be permitted to provide supporting information within a prescribed time rather than at the moment of application. This reflects the practical approach required post-Forrest.
Tenth, amendments have been made to section 96 and related provisions to transfer administrative decisions regarding enforcement from the jurisdiction of the warden to the minister. This will ensure a consistent enforcement framework across all tenure types. Finally, amendments have been made to section 102 regarding the procedural elements of the exemption from expenditure processes. They will clarify the processes and streamline tenement procedural requirements for tenement holders.
I note the amendments made at the Legislative Assembly stage, which were technical and procedural in nature. They did not alter the underlying policy intent of the bill but, rather, ensured that the final legislation is cohesive, accurate and legally sound. They were necessary to clarify transitional arrangements to ensure a smooth implementation of new processes and avoid unintended gaps in administration and align the bill with other legislative changes that have occurred since its drafting—namely, the Mining Amendment Act 2022, number 31 of 2022, and the Mining Amendment (Transfer of Royalty Administration) Act 2025. These reforms provide certainty in tenure and confidence in the integrity of our legal framework, which is essential for maintaining our global competitiveness and supporting our local industry. They enhance the operation of the act, improve regulatory certainty and strengthen Western Australia's position as a leading jurisdiction for resource development and investment.
Pursuant to standing order 126(1), I advise that this bill is not a uniform legislation bill. It does not ratify or give effect to an intergovernmental or multilateral agreement to which the government of the state is a party; nor does this bill, by reason of its subject matter, introduce a uniform scheme or uniform laws throughout the Commonwealth.
I commend the bill to the house and I table a copy of the explanatory memorandum.
(See paper 496.)
Debate adjourned, pursuant to standing orders.
House adjourned at 6:06:00 pm
Questions on notice answered today are available on the Parliament of Western Australia's website
