Mining Amendment Bill 2022 passes Upper House

McGowan Government's Mining Amendment Bill 2022 passes Parliament
Date: Tuesday, 01 November 2022
  • New laws will provide greater certainty for WA's resources sector 

New laws that support the ongoing security of Western Australia's mineral titles system passed the Legislative Council last Thursday (October 27). 

The Mining Amendment Bill 2022 will improve regulation of WA's resources sector by streamlining administrative processes and safeguarding the security of titles and licences.

One of the Bill's key changes is the adoption of the latest and most accurate geodetic datum - GDA2020. This move will ensure co-ordinates for mining tenements are aligned with the latest standard, which is also used by Global Navigation Satellite Systems.

These systems are critical to applications that rely on accurate satellite positioning such as in-vehicle navigation, automated mining operations and surveying.

The new laws allow an applicant to apply for a mining lease without first marking out the land if they can demonstrate they cannot access the land due to circumstances beyond their control. These situations include natural disasters or emergencies, industrial disputes or declarations of a State of Emergency.

While the land must still be marked out, this amendment to the Mining Act provides some flexibility in the application process.

A further reform will include the ability to introduce a fee for lodging objections in the Wardens Court; this aligns with other Mining Act provisions where a fee can be charged for the lodgement of documents. Any fee that might be set in the future will be subject to industry and community consultation.

A minor amendment to tenement contact provisions will allow information to be provided electronically, supporting the Government's digital transformation and streamlining of services.

Following the passing of the Bill, consultation will now begin on developing the supporting regulations. It is expected the amendments will commence in mid to late 2023.

Comments attributed to Mines and Petroleum Minister Bill Johnston:

"The Mining Amendment Bill 2022 supports the McGowan Government's ongoing commitment to provide greater certainty to Western Australia's mining sector.

"We will continue to work with industry and the community to further streamline administrative processes and improve regulatory practice in WA."