14 September The Jurisdiction of Wardens under the Mining Act 1978 (WA) September 14, 2021 By AMPLA Admin Industry, Mining, Resources and Energy, Training Wardens Jurisdiction 0 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. Attached Files Mining Law (ERLaw UWA) Brochure 2021.pdf 96.06 KB 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 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 ARELJ Case Note - Applications For Extension Of Time To Lodge An Objection Under The Mining Act 1978 (WA) Submission - DISER Consultation Paper December 2020 ‘Enhancing Australia’s decommissioning framework for offshore oil and gas activities’ 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. How COVID-19 could change mining for the better The mining industry was deemed an essential service by the Government, which has enabled it to continue to operate during the COVID-19 pandemic. However, this hasn’t been without its challenges. New processes and procedures were required to address safety and social distancing and issues of supply and worker mobility have impacted how the industry operates. But with adversity comes opportunity and the mining industry has thrived and realised the potential for new improvements amidst the pandemic. Showing 0 Comment Comments are closed.