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The Jurisdiction of Wardens under the Mining Act 1978 (WA)

The Western Australian Branch of ER Law has conducted a comprehensive review of the Mining Warden’s jurisdiction in Western Australia. The review has recommended that the majority of the Mining Warden’s jurisdiction should be transferred to the Western Australian State Administrative Tribunal (SAT).
The current system involves Mining Warden’s being appointed from the Magistracy, and administered by the Western Australian Department responsible for the Mining Act 1978 (WA) (Mining Act). There are significant delays in having matters resolved. The SAT is a well-resourced tribunal dealing with dispute resolution, including through mediation. The SAT has extensive experience in telephone and video-conferencing. It can also visit regional areas to conduct hearings. The review’s recommendations do not propose any change to the substantive law in the Mining Act (in terms of what types of mining disputes can be heard, and how parties can be represented). 
The review was completed by committee members of the Western Australian Branch of ER Law over the twelve months to April 2021. The resulting report and recommendations were endorsed by Energy & Resources Law Association Limited’s national board on 26 August 2021. 

A copy of the report can be found HERE.

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