Department’s position following Blue Ribbon decision

Guidelines and updated standard conditions released following Supreme Court decision
Date: Wednesday, 11 December 2024

The Department of Energy, Mines, Industry Regulation and Safety (DEMIRS) has released updated Standard Conditions for Mining Tenements, as well as two guidance statements prepared following the Supreme Court decision Blue Ribbon Mines Pty Ltd v Roy Hill Infrastructure Pty Ltd [2022] WASC 362 (Blue Ribbon).

These are Guidance Statement – Use of ‘No Mining’ conditions under the Mining Act 1978 and Guidance Statement – Excision of areas of land upon the grant of an application for Exploration Licence.

The guidance statements outline the department’s position following the Blue Ribbon decision, confirming the Minister for Mines and Petroleum (Minister) does not have power to grant an exploration licence for fewer blocks than applied for, except in the specific circumstances provided for in subsections 57(2b)-(2e) of the Mining Act 1978.

The use of a ‘no mining’ condition is the mechanism by which certain discrete areas of land may be protected within a graticular block of an exploration licence. The Minister has powers under the Mining Act 1978 to impose any ‘no mining’ conditions as the Minister sees fit.

The release of these guidelines and standard conditions follows a twelve-week public consultation period. The response to submissions are available below.

DEMIRS will continue to work with industry and private railway operators to determine a suitable ‘no mining’ condition with the intent to protect linear infrastructure.

The updated standard conditions came into effect as of 2 December 2024.