Offshore Mining in Western Australia

Summary

The Offshore Minerals Act 2003 (WA) (Act) was proclaimed on 17 December 2010 and commenced on 1 January 2011. The Act will replace the Mining Act 1978 (WA) (Mining Act) in respect to all mineral resources in State coastal waters, that is, waters within three nautical miles of the coastal baseline.  Mineral resources beyond three nautical miles are governed by the Offshore Minerals Act 1994 (Cth) (Commonwealth Act) and administered by a joint state and federal authority.  The Act mirrors the Commonwealth Act and results from an agreement made in 1979 between the Commonwealth and the States known as the Offshore Constitutional Settlement, which included an agreement to develop standard offshore minerals legislation for all States and the Northern Territory consistent with the Commonwealth regime.