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ARELJ Article- Golden Pig: The continuing effects of Forrest on the Western Australian Mining Industry

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.

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