CME statement on Warden’s Court decision

The Chamber of Minerals and Energy of WA welcomes Mining Minister Bill Johnston’s comments relating to the recent Warden’s Court decision in the matter of True Fella v Pantoro South.

Minister Johnston has confirmed the WA Government will ensure the validity of granted exploration tenure, which is critically important to the operation of our tenure regime in WA.

Minister Johnston also noted the Warden’s Court decision did not establish legal precedent but that the Department of Mines, Industry Regulation and Safety would review the True Fella v Pantoro South ruling and urgently consider its policy position.

CME Acting Chief Executive Rob Carruthers welcomed the commitment from the Minister to provide the certainty required by industry in light of this case, and said it was important explorers were not subject to application requirements for exploration licences which become so onerous that they serve as a barrier to undertaking effective exploration.

“While it’s understandable that applications for exploration licences under the Mining Act 1978 require sufficient evidence of planned work and expenditure schedules, it also needs to be understood that exploration is a high-risk activity that often delivers little or no reward,” Mr Carruthers said.

“It would be extremely difficult for an explorer to practically map out such a schedule over a period of five years, no matter the size of their operations or the resources at their disposal.

“Exploration is at the heart of everything the WA mining and resources sector does and without it projects small, major and all sizes in between simply wouldn’t get off the ground.

“It’s clear from the Minister’s comments that the Government has a full appreciation for the realities of exploration industry – which is both long run but fundamentally reliant on agility and short term results.

“These projects generate a significant jobs and economic benefits, so without exploration communities right across WA are worse off.

“We look forward to working with Minister Johnston and the Department to provide the certainty required by industry into the future.”

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