Australian Mining Law Bulletin – September 2025
In this edition, we cover developments of interest to the Australian mining industry from the first half of this year.
Bulletin
12 September 2025
This edition includes insights on:
- a Supreme Court of Western Australia decision which has determined that local government rates can be imposed upon occupied miscellaneous licences;
- a Wardens Court of Western Australia decision regarding the validity of grants of surface rights over a mining lease;
- a Supreme Court of South Australia decision highlighting the broad discretion of the South Australian Minister to reject mining tenement applications;
- the Supreme Court of Victoria agreeing to hear proceedings relating to an injury to an Australian resident FIFO worker injured while working in PNG for the PNG-based subsidiary of an Australian miner; and
- the introduction to Western Australian parliament of long awaited reforms to the Western Australian Mining Act.
Mates Rates 2: Electric Boogaloo: WA Supreme Court rules occupied miscellaneous licences are rateable
The decision upends the decades-old understanding that miscellaneous licences were not rateable regardless of whether they were occupied.
Section 116(2) to the rescue: grant of surface rights protected following transfer of WA mining tenement
Section 116(2) of the Mining Act protects later grants of surface rights, not just original subsurface tenement, WA Warden's Court finds.
Wine or mine: South Australian Supreme Court confirms Minister’s broad discretion to refuse mining leases
The Minister's refusal to grant mining leases in order to protect nearby wine and tourism industries was ruled valid.
Home Ground Advantage: Victoria Court hears Australian FIFO worker’s claim for injuries sustained in PNG
Claim for injuries sustained at work in PNG, for PNG-subsidiary of Australian miner, permitted to proceed in Victorian Supreme Court.
Forrest seeds finally planted: Mining Amendment Bill 2025 introduced to Western Australian parliament
Long awaited reforms to the Mining Act 1978 (WA) look likely to finally arrive.
Editors
INSIGHTS
Bulletin
Australian Mining Law Bulletin – September 2025
In this edition, we cover developments of interest to the Australian mining industry from the first half of this year.
Read more
Briefing
Mates Rates 2: Electric Boogaloo: WA Supreme Court rules occupied miscellaneous licences are rateable
The decision upends the decades-old understanding that miscellaneous licences were not rateable regardless of whether they were occupied.
Read more
Briefing
Section 116(2) to the rescue: grant of surface rights protected following transfer of WA mining tenement
Section 116(2) of the Mining Act protects later grants of surface rights, not just original subsurface tenement, WA Warden's Court finds.
Read more