❓ Question regarding the implications of a Wardens Court decision and a related Supreme Court case on exploration licences and mining titles in WA, and the minister's plan to mitigate potential risks to the mining industry.
AnsweredQoN 254Legislative Assembly
QuestionView source ↗
WARDENS COURT DECISION
254. Ms M.J. DAVIES to the Minister for Mines and Petroleum:
I refer to a decision in the Wardens Court delivered by
Warden McPhee on 14 March in the matter of competing applications for
exploration licences by Electron Resources Pty Ltd and others.
(1) Has the
minister received a briefing on the implications of this decision and the
potential outcome of the Supreme Court case underway of Richmond v McPhee and
Regis Resources Ltd?
(2) Is the minister
aware that there is a risk that Supreme Court decision may result in the
invalidation of all exploration applications and granted titles in WA?
(3) What, if anything, does the minister propose to do to
prepare for and mitigate this potential risk?
254. Ms M.J. DAVIES to the Minister for Mines and Petroleum:
I refer to a decision in the Wardens Court delivered by
Warden McPhee on 14 March in the matter of competing applications for
exploration licences by Electron Resources Pty Ltd and others.
(1) Has the
minister received a briefing on the implications of this decision and the
potential outcome of the Supreme Court case underway of Richmond v McPhee and
Regis Resources Ltd?
(2) Is the minister
aware that there is a risk that Supreme Court decision may result in the
invalidation of all exploration applications and granted titles in WA?
(3) What, if anything, does the minister propose to do to
prepare for and mitigate this potential risk?
AnswerView source ↗
(1)–(3)
As the member would know, under the former minister the state introduced the
Mining Amendment (Procedures and Validation) Bill in 2018 to deal with some of
the issues the member has spoken about. I understand that there are court cases
underway, which I will not make comment on. It is something I have been briefed on and that we will continue
to look at. The member will understand that that legislation was not progressed because it requires some, I think,
amendments to legislation or at least some concurrence with the federal
government. We are actively looking at whether there are other ways to protect
the mining industry in some of these matters while these cases are underway.
As the member would know, under the former minister the state introduced the
Mining Amendment (Procedures and Validation) Bill in 2018 to deal with some of
the issues the member has spoken about. I understand that there are court cases
underway, which I will not make comment on. It is something I have been briefed on and that we will continue
to look at. The member will understand that that legislation was not progressed because it requires some, I think,
amendments to legislation or at least some concurrence with the federal
government. We are actively looking at whether there are other ways to protect
the mining industry in some of these matters while these cases are underway.
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