Mining Amendment Bill 2024

In the final sitting week, the Minister for Mines introduced the Mining Amendment Bill 2024. It included seven measures to improve the efficiency of the WA Mining Act:

1. Introduces the ability for areas to be excised from applications for exploration licences
2. Simplifies Section 58 Statements
3. Amends provisions governing second renewals of leases
4. Modernisation of requirements for the Section 19 instruments
5. Amendments to allow conditions made on grant of a tenement to be amended in the future
6. Remove obsolete provisions, such as requirements for a resource report to refer to the JORC Code
7. Improvements to the indefeasibility of the Mining Act

The final paragraph of the Second Reading speech, transposed as below, has underscored advocacy that AMEC will be undertaking in the new year:

Following consultation, it is proposed—given it is the last week of Parliament—that the following items also be considered for inclusion in the bill in the future: updating of the wording used in section 57 of the Mining Act regarding land “unavailable” for exploration; consideration of the requirement for a statement to be lodged for an application for an exploration licence; clarification of the procedural elements of expenditure reporting and exemption processes; and the transfer of certain administrative decisions regarding enforcement from the jurisdiction of the warden to the minister, ensuring a consistent decision point across all tenure types.

The Bill did not pass the Parliament, it will now lapse due to the prorogue of Parliament. AMEC will be strongly advocating for its passage in the next sitting of Parliament.

Resources Online

The Department of Mining Industry Regulation and Safety has launched Resources Online, shifting the migration of the Programme of Works (PoWs) from the Environmental Assessment Regulation System (EARS) to Resources Online.

AMEC has worked with the Department throughout the phased development of the platform with members contributing time to user testing.

An important component of this first release is the trial of the Eligible Mining Activity (EMA) framework ahead of its full implementation in early 2025. The EMA has been long called for by AMEC. This trial means PoWs which meet the current draft criteria for an EMA will be progressed through the system with a target one-day turn around. The purpose of this trial is in part to assess the efficiency of the system as well as provide the department with an opportunity to test and review the current criteria for eligible activities.

In February 2025, AMEC will host a workshop with members and the Department to identify improvements. It is anticipated that by February a first patch will have been implemented, and the workshop will provide an opportunity to identify less obvious bugs.

Delivery of Vogel McFerran

The Vogel McFerran Review, the Western Australia Government’s signature Environmental regulatory framework continues to be delivered. AMEC has met regularly with the Government throughout the delivery of these reforms.

The board of the EPA has been expanded from 5 to 9 board members. This will provide further scope to overcome the inevitable conflicts of interest.

A Statement of Expectations has been published by the Minister for Environment, detailing priorities for the EPA. A corresponding Stakeholder Engagement Strategy has been released by the EPA.

The Department of Water and Environmental Regulation has entered into the memoranda of understanding with DEMIRS and DBCA. These agreements provide a framework for collaborative working arrangements between agencies. 

Parallel Processing

On 13 December 2024 the amendments passed in the Environmental Protection Amendment Bill 2024 that allow parallel decision-making to take place in respect of projects and proposals that are subject to Part IV of the Environmental Protection Act 1986 came into effect. Parallel process was identified by AMEC as a key legislative reform that would improve the sequencing of approvals. While no mining activity is allowed to occur prior to formal grant of the environmental approval, these amendments streamline a challenging sequence of approvals.

Second Mining Lease Renewals

AMEC has continued to actively engage with the Department of Mining, Industry Regulation and Safety to shape the guidance that will determine how the second renewal of Western Australian mining leases is implemented. Ensuring mining leases granted in accordance with section 71 of the Mining Act and approaching a second renewal under s78(2) of the Mining Act having enjoyed 42 years of tenure. Due to the age of the Mining Act, the first of these renewals is imminent. AMEC will closely monitor how the process is implemented to ensure that it is not only robust, but as efficient as possible.

WA Aboriginal Heritage Survey Programme

Initial advice that the WA Government’s Aboriginal Heritage Survey Programme would not be available to mineral explorers has been reversed. Mineral exploration companies can now apply to the WA Government to undertake Aboriginal Heritage Surveys.  The WA Government has published an updated Aboriginal Heritage Survey Program (AHSP) webpage with AHSP guidelines, policies and application form: Aboriginal Heritage Survey Program

AMEC encourages Industry to apply. Noting that the Surveys undertaken will be registered.

Guidance Statement

DEMIRS has published Guidance Statement – Use of ‘No Mining’ conditions under the Mining Act 1978 and Guidance Statement – Excision of areas of land upon the grant of an application for Exploration Licence. These documents detail how the Department will consider the outcomes of the Blue Ribbon Warden’s Court case, and reflect the advocacy and input of the Mining Legislation Committee. This documentation successfully concludes over two years of advocacy by AMEC following the Blue Ribbon Warden’s Court case rendered the use of Minutes of Programming Directions questionable.

To learn more please contact Neil van Drunen on 0407 057 443.