True Fella Warden Decision

The recent decision coming out of the Warden's Court of Western Australia - True Fella Pty Ltd v Pantoro South Pty Ltd [2022] WAMW 19 (True Fella) - has attracted attention across the WA mining sector. We consider the decision to be an unhelpful and impractical extension of previous decisions which further demonstrates the need for continued action from the Department of Mines, Industry Regulation and Safety (DMIRS) and the Western Australian Government to ensure that security of title and the integrity of ownership under the Mining Act 1978 (WA) (Mining Act) is maintained.

Helpfully, the Minister for Mines has announced that DMIRS is examining the decision in True Fella and that the Western Australian Government will act to ensure certainty and security of tenure for proponents, following consultation with the Association of Mining and Exploration Companies (AMEC).