❓ Ms. Davies questions the Minister for Mines and Petroleum regarding the impact of the True Fella decision on exploration licence applications and DMIRS guidelines. The Minister asserts the decision did not change WA law and the department continues to operate as before.
AnsweredQoN 543Legislative Assembly
QuestionView source ↗
MINING —
EXPLORATION LICENCES
543. Ms M.J. DAVIES to the Minister for Mines and Petroleum:
I refer to the True Fella Pty Ltd v
Pantoro South Pty Ltd decision that cast doubt over the validity of any
exploration licence application that has not complied with the requirement to
set out the work and expenditure an applicant intends to carry out over the
full five-year term of a licence.
Can the minister provide any advice
on section 58 statements, given that it will be 12 months tomorrow since the
department advised that it would be examining that decision in detail, and any
impact it has had on the current guidelines provided by the Department of
Mines, Industry Regulation and Safety?
EXPLORATION LICENCES
543. Ms M.J. DAVIES to the Minister for Mines and Petroleum:
I refer to the True Fella Pty Ltd v
Pantoro South Pty Ltd decision that cast doubt over the validity of any
exploration licence application that has not complied with the requirement to
set out the work and expenditure an applicant intends to carry out over the
full five-year term of a licence.
Can the minister provide any advice
on section 58 statements, given that it will be 12 months tomorrow since the
department advised that it would be examining that decision in detail, and any
impact it has had on the current guidelines provided by the Department of
Mines, Industry Regulation and Safety?
AnswerView source ↗
Obviously, I will not provide legal
advice. I make that clear. I will make the point that the True Fella decision
did not change the law in Western Australia. The law in Western Australia is
exactly the same as it was before the True Fella decision. It is not true to
say that it has caused confusion about what the law says. It was a specific
decision and the department continues to exercise its obligations in the way
that it needs to.
advice. I make that clear. I will make the point that the True Fella decision
did not change the law in Western Australia. The law in Western Australia is
exactly the same as it was before the True Fella decision. It is not true to
say that it has caused confusion about what the law says. It was a specific
decision and the department continues to exercise its obligations in the way
that it needs to.
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