The Kelly Review and the WA Government’s Response
"Too complex, too costly and too uncertain."
The WA Native Title Review led by Glen Kelly, known as “The Kelly Review,” acknowledges what participants across Western Australia's resources sector have experienced for years.
Complex and duplicated processes, inconsistent heritage requirements, and lengthy approval timeframes have increased uncertainty for explorers, Traditional Owners and government alike during project planning and delivery.
The tabling of the Kelly Review and the WA Government's response on 9 June 2026 marked an important step towards a more consistent, standardised and transparent approach to Native Title and Aboriginal cultural heritage processes.
The Government has committed to a phased reform program commencing in 2026, including:
A new default Aboriginal heritage standard for exploration
Increasing support for Prescribed Body Corporates through a statewide Native Title Party Support Strategy
Developing new policy guidance, technical resources and a code of conduct framework for heritage consultants
At Mining + Heritage Legal, we welcome reforms that improve certainty while supporting meaningful cultural heritage protection. Consistency and transparency across heritage processes can deliver positive outcomes for all stakeholders involved in mining and exploration activities.
However, with reforms being delivered primarily through policy and process rather than legislative change, the real test will be implementation. Success depends on practical guidance, genuine collaboration and information sharing across the sector.
We will continue to provide practical and credible insights to help clients navigate the evolving regulatory environment with confidence.
Context
The Kelly Review was tasked with examining how native title and cultural heritage processes within the mining and exploration sector could be made more efficient and equitable. Legislative amendment was out of scope, as it focused exclusively on policy and process improvements within the existing statutory framework. The Kelly Review delivered its final report in February 2026, which was tabled in the Parliament of Western Australia on 9 June 2026.
Recommendations
The Kelly Review details 25 key recommendations covering 8 focus areas. These recommendations identify systemic failures across the interactions of the three principal statutes governing mining and native title in WA, providing a detailed roadmap for reform.
Key takeaways include:
Enforcing minimum heritage and consultation requirements for exploration activities to reduce the risk of disputes. These requirements will replace previously ad hoc negotiations, providing greater certainty for project planning and approvals.
Replacing the outdated Regional Standard Heritage Agreement (RSHA) with a contemporary heritage standard setting clearer rules for surveys, protection measures and compensation.
Improving coordination and consultation with Traditional Owners across government agencies while increasing funding, governance support and capacity building for Prescribed Body Corporates (PBCs).
Establishing accreditation, a code of ethics and technical guidance for cultural heritage consultants to improve consistency, quality and accountability.
The WA Government’s Response
The Cook Labor Government's response to the Kelly Review was released simultaneously with the final report's tabling on 9 June 2026. The Government indicated support for the majority of the 25 recommendations, with limited non-support where recommendations duplicated work already underway, or conflicted with existing policy settings.
An additional $3.2 million has been allocated to implement the recommendations, building on the existing $58 million Native Title Party Capacity Building Program.
Working groups and consultation processes have commenced, with key reforms rolling out from 2026 to 2028.
No legislative changes will be made to the Mining Act, the Native Title Act or the Aboriginal Heritage Act.
Implications
Clearer approval pathways are expected to provide more predictable project timelines, reduce duplicate heritage surveys, and lower legal and compliance risk, enabling explorers to budget and plan with greater confidence.
Companies that invest in early engagement with Traditional Owners and align with emerging heritage standards will be better placed to avoid disputes, accelerate approvals and strengthen their social licence to operate.
Stronger expectations around expedited procedures, oversight and management will require explorers to adopt more disciplined compliance and due diligence practices throughout the project lifecycle.
Key Considerations
There is uncertainty around the specific timeline of implementation. Existing compensation and heritage agreement frameworks remain inadequate, with ILUA-based solutions not expected until 2028, leaving proponents exposed to ongoing liability.
As the reforms rely on policy and regulatory changes rather than legislation, their effectiveness and long-term stability may be constrained.
Ongoing underfunding of PBCs, voluntary certification of consultants, and fragmented government coordination may limit the reforms' practical impact.
Moving from a fragmented to a coordinated model means the need for cultural change within institutions. Agencies will have to share information and authority more willingly, working towards genuine consultation on guidelines and standards.
Persistent consultation, draft guidance materials and pilot programs will give explorers and stakeholders opportunities to influence implementation while preparing for the new operating environment.
References
Cook Labor Government. (2026, June 9). Targeted review of Native Title, cultural heritage processes released [Media statement]. Government of Western Australia. https://www.wa.gov.au/government/media-statements/Cook-Labor-Government/Targeted-review-of-Native-Title,-cultural-heritage-processes-released-20260609
Department of the Premier and Cabinet (DPC). (2026, June 9). Native title and cultural heritage processes review. Western Australian Government. https://www.wa.gov.au/organisation/department-of-the-premier-and-cabinet/native-title-and-cultural-heritage-processes-review