WA Government’s response to ‘Enough is Enough’

By Anna Creegan, Rachel Lee and Calvin Rokich On 21 September 2022 the WA Government tabled its response (Response) to the ‘Enough is Enough’ report (Report) made by the Western Australian Parliament’s Community Development and Justice Standing Committee following the Inquiry into sexual harassment against women in the FIFO mining industry (Inquiry). Read more

True Fella Warden Decision

By Jay Leary, Geoff Kerrigan and Annabel Beech The recent decision coming out of the Warden’s Court of Western Australia – True Fella Pty Ltd v Pantoro South Pty Ltd [2022] WAMW 19 (True Fella) – has attracted attention across the WA mining sector. Read more

High Court dismisses Palmer border challenge

The High Court of Australia has dismissed Clive Palmer’s challenge against the State of Western Australia’s border closures, upholding their validity. The Court has not yet released its reasons, which will follow separately. Read more

Western Australia’s new lithium royalty regime

On 11 October 2019 the Western Australian government announced that it will introduce a new royalty regime for lithium producers in the form of a 5% feedstock royalty rate for lithium hydroxide and lithium carbonate where those are the first products sold and the feedstock is spodumene concentrate. The announcement comes after a recent review … Read more

Forrest & Forrest v Wilson – consequences for mining lease applicants

As we previously reported1, a consequence of the High Court of Australia’s decision in Forrest & Forrest Pty Ltd  v Wilson2 is unexpected and unhelpful uncertainty regarding the validity of the grant of certain mining leases in Western Australia. The State Government and the Department of Mines and Petroleum (DMP) are continuing to assess an … Read more

High Court applies strict compliance test under the Mining Act 1978 (WA) and raises doubts regarding tenement validity –remedial legislative response required

In its recent decision in Forrest & Forrest v Wilson [2017] HCA 30, the High Court held that a failure to strictly comply with the technical lodgements requirements of the Mining Act 1978 (WA) (Mining Act) invalidated a decision of the Mining Warden to recommend that a number of mining leases be granted. This overturned … Read more

Extension of WA co-funding drilling exploration program

The Western Australian State Government (State) recently announced the thirteenth round of applications for the Co-Funded Exploration Drill Program (Program), with an additional $5 million in grants available for explorative drilling programs in the 2016 / 2017 year. To date, prior Program rounds have provided funding of approximately $23 million to explorers, miners and prospectors. … Read more

Update on mineral royalty rates in Western Australia

No increase in mineral royalty rates in the 2015-16 State BudgetThe Western Australian Government (Government) has confirmed in the 2015-16 State Budget that mineral royalty rates will not be increased as a result of the Mineral Royalty Rate Analysis Final Report 2015 (Review). In the Review, which was published on 25 March 2015, the Department … Read more

Mining blog recap for 2012

2012 saw the merger between Herbert Smith and Freehills, creating one of the world’s most experienced energy and resources firms. As it draws to a close, we pause to reflect on some of the key developments in the mining industry. This year we saw several regulatory and legislative changes take place in the mining sector: … Read more