Case Alert: Richmond v McPhee [2025] WASC 387

The WA Supreme Court has settled a long-running debate:

Does an exploration licence application need a five-year program of works under the Mining Act 1978 (WA)?

The Court’s Answer: No.

Justice Seaward held that:

• A compliant s 58(1)(b) statement must set out the method, works program, estimated expenditure, and technical/financial resources.

• But it is “not a requirement … that the statement specify the details of the programme of work proposed to be carried out for the entire life of the exploration licence, being a period of 5 years” (Richmond v McPhee [2025] WASC 387, [41]).

• Staged or contingent programs tied to the ground applied for can meet the jurisdictional threshold. Further particulars can still be required later under s 58(3).

What this means for you

Explorers: No need to front-load a speculative five-year plan. A well-structured, staged program will suffice.

Objectors: Jurisdictional challenges on the “five-year rule” are no longer open – focus shifts to the adequacy of the method, expenditure, and resources.

Advisors: The Court overturned a line of Warden’s Court authorities (True Fella, Azure Minerals, Toolonga) and restored a more commercially practical balance.

This decision resets the bar: Clearer compliance, fewer technical requirements, and a regulatory regime better aligned with the realities of exploration.

Did you know?

M+HL not only advises on Native Title but also regularly appears in Warden’s Court matters. We manage the Warden’s Court process and provide advice on Native Title, mining agreements, and project agreements - including acquisitions, joint ventures, and processing/toll treatment arrangements.

Contact the Team at Mining + Heritage Legal to discuss your next step.