WA Gov’t introduces Mining Act amendment following Forrest ruling

Western Australia’s McGowan Labor Government has approved an amendment to the Mining Act to validate granted tenements.

The approval was made in the wake of the Forrest & Forrest v Wilson High Court decision, which highlighted current flaws in the mining lease application process, particularly with regard to late lodging of mineralisation reports, in a case that brought major attention to the validity of mining industry leases in general.

“A majority of the High Court ruled a mineralisation report must be lodged at the same time as the application for a mining lease in order to be a valid application,” said Chamber of Minerals and Energy of Western Australia chief executive Reg Howard-Smith.

“The amending legislation will validate those mining leases where the mineralisation report was not submitted concurrently with the mining application.”

It is hoped the amendment, called the Mining Legislation Amendment and Validation Bill 2017, will provide additional security for investors and mining project workers.

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