❓ Mr. Love questions the effectiveness of the Eligible Mining Activity (EMA) Notice in reducing Programme of Works (PoW) applications and seeks information on its implementation, compliance, and impact on Aboriginal Cultural Heritage approvals. The government response provides data on EMA uptake and actions taken to promote its use.
AnsweredQoN 1669Legislative Assembly
QuestionView source ↗
Since the introduction of the Eligible Mining Activity (EMA) Notice in 2025, I ask : (a) Have EMAs reduced the number of Programme of Works (PoWs) applied for; (b) Is the Department tracking how many PoWs could be EMAs; (c) Are proponents encouraged to lodge an EMA rather than a PoW; (d) How many PoWs could have been EMAs; (e) The September quarter report suggests uptake been low, what steps is the Department of Mines, Petroleum and Exploration (DMPE) taking to encourage its use; (f) Has DMPE undertaken any compliance actions regarding EMAs yet; and (g) Granting of an EMA requires a proponent to get Aboriginal Cultural Heritage approval. Does the Department track the timeframes for proponents to access the EMA ground?
AnswerView source ↗
Answered
17 February 2026
Responded by
Minister for Mines and Petroleum
Response time
1 days
(a) The number of active Eligible Mining Activity (EMA) Notices has increased from September 2025 to December 2025. However, as the EMA framework commenced on 9 September 2025 additional time would be required to properly assess whether the EMA framework resulted in a reduction in the number of Programmes of Works (PoWs) submitted.
(b) The Department of Mines, Petroleum and Exploration (DMPE) tracks the number of PoWs that satisfy EMA criteria which can be measured through departmental systems, noting that assessment of some criteria relies on declarations provided by applicants.
(c) Yes.
(d) As at 16 December 2025, 119 PoWs have met system-measurable EMA criteria, however the proponent would be required to confirm that EMA criteria could be met for the project.
(e) DMPE has undertaken direct engagement with stakeholders and peak bodies and advertised the EMA framework across multiple channels.
(f) Yes.
(g) Authorisation of activities under an EMA Notice does not authorise activities and/or impacts under the Aboriginal Heritage Act 1972 . Applicants are required to obtain all other necessary approvals prior to commencing activities. Proponents are not required to report to DMPE when approvals have been issued by other government agencies.
(b) The Department of Mines, Petroleum and Exploration (DMPE) tracks the number of PoWs that satisfy EMA criteria which can be measured through departmental systems, noting that assessment of some criteria relies on declarations provided by applicants.
(c) Yes.
(d) As at 16 December 2025, 119 PoWs have met system-measurable EMA criteria, however the proponent would be required to confirm that EMA criteria could be met for the project.
(e) DMPE has undertaken direct engagement with stakeholders and peak bodies and advertised the EMA framework across multiple channels.
(f) Yes.
(g) Authorisation of activities under an EMA Notice does not authorise activities and/or impacts under the Aboriginal Heritage Act 1972 . Applicants are required to obtain all other necessary approvals prior to commencing activities. Proponents are not required to report to DMPE when approvals have been issued by other government agencies.
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