21 March ARELJ Article- Till Death Do Us Part: The undue impact of Freeth on Western Australia's Mining Tenement Forfeiture System March 21, 2023 By Sally Parker ARELJ, Mining ARELJ, MiningTenement, Reforms 0 Tom Penglis Winner of the 2022 ER Law Essay Competition. Produced with the support of the UWA Law School Scholarship in Mining Excellence. Supervised by John Southalan. In Freeth as Executor of the Estate of Gerard V Brewer v O’Donnell  WASC 393, Tottle J held that forfeiture applications made under the Mining Act 1978 (WA) against mining tenements held by deceased persons and before the grant of probate are nullities. This article critically examines Tottle J’s judgment and respectfully proposes that the three reasons for His Honour’s decision are erroneous, and proposes that the decision unduly frustrates the efficiency of the mining tenement forfeiture system. It primarily seeks to establish that forfeiture proceedings are actions in rem, with the consequence that forfeiture proceedings brought against deceased persons and before the grant of probate are valid. This article concludes that legislative reform is warranted to reverse the effect of the decision and proposes two minor reforms that would assist Wardens and the Department of Mines, Industry Regulation and Safety to appropriately deal with forfeiture applications made in relation to mining tenements held by deceased persons. Member Login Required to Access Article Read More Related Articles ARELJ Article- Golden Pig: The continuing effects of Forrest on the Western Australian Mining Industry ARELJ Article- Managing water resources in times of fracking: Regulation and reform in Western Australia How foreign investment changes may impact the mining and energy sector In early June 2020, the government announced a review of the foreign investment rules, expanding them to apply to all foreign investors in anything deemed a ‘sensitive national security business’. The changes are scheduled to come into effect on 1 January 2021. There are concerns that this will impact foreign investment in the mining and energy sectors, and in particular the critical minerals space. ARELJ - Article - The Great Space Rush: Regulating Space Mining Digital transformation in mining and energy As the global shift to remote work gathers pace, it is more important than ever that the mining and energy sector embraces technology. But a digital transformation offers more than flexible working arrangements. It has the potential to drastically cut down on industrial accidents, optimise operational processes and slash costs. ARELJ Case Note - Guidance on the principles that apply to a decision of the Warden under S 122E of the Mining Act 1978 (WA) in respect of the removal of a caveat Richore Pty Ltd v Cougar Metals NL  WAWC 1 Showing 0 Comment Comments are closed.