16 August ARELJ Article- Golden Pig: The continuing effects of Forrest on the Western Australian Mining Industry August 16, 2022 By AMPLA Admin ARELJ, General, Mining ARELJ, MiningAct, HighCourt 0 Mihali Palassis Senior Associate, Lavan Mining tenement holders must be aware of the strict requirements set out under the Mining Act 1978 (WA) in respect of tenure. Complacency as to compliance may result in tenure being declared a nullity, or invalid: a proposition which poses serious corporate risk to core company assets. The High Court’s decision in Forrest & Forrest v Wilson is often cited, though its reach is frequently underestimated. This paper considers and analyses recent case law which may clarify the ongoing, broader impact of that decision and the serious practical consequences of non-compliance with the statutory regime. Member Login Required to Access Case Note Read More Related Articles FORREST AND FORREST PTY LTD AND MINISTER FOR ABORIGINAL AFFAIRS  WASAT 28 Western Australia’s State Administrative Tribunal (SAT) has rejected a review, by Forrest & Forrest Pty Ltd, against the refusal of consent to impact an Aboriginal site in constructing weirs across the Ashburton River. A unanimous three-member panel published its decision in April 2023. SAT’s decision and reasoning has direct significance and use for anyone involved in processes for a s 18 consent under the Aboriginal Heritage Act 1972 and broader relevance for the law around protection of Aboriginal heritage in Western Australia. With the WA Government announcing the reversal of recent statutory changes and a return to the 1972 legislation, SAT’s decision has increased relevance. ARELJ Article- Till Death Do Us Part: The undue impact of Freeth on Western Australia's Mining Tenement Forfeiture System ARELJ Article- Managing water resources in times of fracking: Regulation and reform in Western Australia Victorian and Western Australian State Budgets In recent weeks we’ve seen both the Victorian and Western Australian Governments deliver budgets for their State. Both have included significant investments in the energy and resources sector. In Victoria, the budget has signalled the importance of the mineral industry to regional development. Victorian mines directly contribute $510 million into the state economy in 2020-21. ARELJ Article- Activist Shareholders and Climate Change: Australian Developments What is concerning mining and metals industry executives today? Recent surveys conducted in the mining and metals industry sector indicate that climate change, price volatility and the risk of a global depression are the top concerns for executives. The KMPG Mining Risk Forecast 2020/21 Report nominates climate change and price risks as top-of-mind for executives while a mid-year survey by White & Case found that the fear of a global recession was the most common concern amongst those surveyed. It’s worth noting that the KMPG survey was conducted before the COVID-19 pandemic. However, the concerns raised have ongoing relevance both now and into the future. Showing 0 Comment Comments are closed.