Regulatory Changes, Mining Lease Renewal and WA Native Title Agreements

3 February 2025

A shift is occurring in the WA mining and resources sector. Older leases are expiring, and companies are being pushed toward compliance with modern Native Title requirements. This reflects a broader trend that impacts the entire industry.

The Key Issue

• Mining leases that pre-date the Native Title Act 1993 are expiring.

• Renewals now require compliance with Native Title provisions, including agreements with Traditional Owner groups.

• Without agreements, projects face delays, higher costs, or regulatory risks.

Who is affected?

• Longstanding lease holders, particularly in the Pilbara and Goldfields.

• Not the entire mining industry, but a significant indicator of future expectations.

What this means for everyone

• Regulators now expect consultation and engagement with Traditional Owners as the norm.

• The era of mining without agreements is coming to an end.

Moving forward: what can be done?

• Engage early and proactively with Native Title groups.

• Plan for agreements as part of your operational and renewal strategies.

• Recognise consultation as not just a regulatory box to tick, but a core business practice.

How Mining + Heritage Legal can help

Contract and Agreement Reviews: Ensuring agreements are thorough, enforceable, and respect cultural and operational interests.

Compliance Audits: Conducting detailed reviews to ensure adherence to all agreements, including overlooked ancillary agreements.

Strengthening Relationships with Traditional Owners: Offering strategic advice to maintain transparent, long-term partnerships that honour both legal and cultural obligations.