Access to Land and Waters

Government agencies that may be involved in approval processes include:

• Department of Industry and Resources (State; DoIR)
• Department for Planning and Infrastructure (State; DPI)
• Department of Resources, Energy and Tourism (Commonwealth; RET)
• National Native Title Tribunal (Commonwealth; NNTT)
• Department of Indigenous Affairs (State; DIA)
• Department of Environment and Conservation (DEC)

The following lists the legislation relevant to access land and waters, and the Government departments that administer the legislation.

• Native Title Act 1993 (cwlth) - DPI or DoIR dependinging on the nature of the project.
• Mining Act 1978 (WA) - DoIR
• Petroleum Act 1967 (WA) - DoIR
• Petroleum (Submerged Lands) Act 1982 (WA) - DoIR
• Petroleum (Submerged Lands) Act 1967 (Cwlth) - DoIR and ITR
• Petroleum Pipelines Act 1969 (WA) - DoIR
• Land Administraion Act 1997 (WA) - DPI
• Department of Environment and Conservation Act 1994 (WA)

The processes and protocols required under these Acts, and flowcharts illustrating the approval processes, are provided below.

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Within Western Australia the Native Title Act 1993 (Cwlth), also referred to as NTA, is administered by the State government. This legislation provides for Aboriginal people to claim native title and a process for negotiation and compensation where the land is to be leased out by the State.

Background information on native title is available from the National Native Title Tribunal.

The Western Australian Land Information Authority can advise if a registered native title claim or determination of native title has been made in the area of a proposed project. If native title interests exist negotiations may be required with both the State Government and registered native title claimants or Native Title Body Corporates.

The following flowcharts describe the NTA future act provisions that apply for mineral and petroleum exploration and development.

Approval Flowchart: Right to Negotiate Process for Mining Lease Applications (PDF, 17kb opens in new window) 

Approval Flowchart: Expedited Process for Mineral Exploration Licence Applications (PDF, 18kb opens in new window)

Approval Flowchart: Right to Negotiate Process for Onshore Petroleum Title Applications - Exploration Permit, Drilling Reservation, Retention Lease and Production Licence (PDF, 18kb opens in new window)

The State of Western Australia supports active and meaningful engagement with Aboriginal Western Australians based on respect for one another's rights, responsibilities, and aspirations.  The development of mutual knowledge and understanding is fundamental to achieving this objective.

The booklet Working with Aboriginal Communities - A Practical Approach provides an initial guide for resource developers.

More comprehensive guides on engaging with Aboriginal Western Australians can be obtained from the Department of Indigenous Affairs website and from the Citizens and Civics Unit of the Department of Premier and Cabinet website.

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Exploration and mining titles in Western Australia are granted in accordance with the Mining Act 1978 (WA). The Department of Industry and Resources (DoIR) administers this Act.

Mineral exploration and mining activities are administered under the Act for onshore areas, and for offshore areas to a limit of (nominally) three nautical miles from the coast. There are a number of types of tenement, including prospecting licences, exploration, retention and miscellaneous licences, and mining and general purpose leases.

An overview of the assessment process, covering the various forms of title, and conditions applied to mining tenements is provided below. Approval flowcharts in PDF are also provided.

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Western Australian petroleum exploration, production and pipeline titles are granted and administered under either State or Commonwealth legislation.

For onshore area and islands State legislation applies - the Petroleum Act 1967 (WA) or PA'67.

For State coastal waters, nominally within three nautical miles of the coast, the State Petroleum (Submerged Lands) Act 1982 (WA) (PSLA '82) applies.

Adjacent offshore waters, beyond the State coastal waters, are administered under the Petroleum (Submerged Lands) Act 1967 (Cwlth) (PSLA '67). Although this is Commonwealth legislation, it is administered by joint authority of the Commonwealth Minister for Industry, Tourism and Resources and the Western Australian (State) Minister for State Development.

A map showing an example of where Commonwealth or State legislation applies is provided below.

Offshore pipelines are administered either under the State PSLA '82 or the Commonwealth PSLA '67, and onshore pipelines under the State Petroleum Pipelines Act 1969 (WA).

In effect, the Department of Industry and Resources (DoIR) administers all these Acts. In Commonwealth jurisdictions, DoIR carries out approvals on behalf of the Commonwealth, under joint authority.

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About 93 per cent of Western Australia's 2,527,620 square kilometres land area is classified as Crown Land.

Generally, if Crown land is to be used for a major project development, it will be leased for that purpose.

The grant and administration of leases over Crown land, unmanaged reserves and public roads is governed by the Land Administration Act 1997 (WA) (LAA).

The Department for Planning and Infrastructure's Land Asset Management Unit administers the Act on behalf of the Minister for Planning and Infrastructure who, for the purpose of the Act, is the Minister for Lands.

The LAA does not encompass exploration for, or extraction of, minerals or petroleum. Separate Acts exist for those purposes, administered by the Department of Industry and Resources.

Major developments that can use synergies with other projects are encouraged to use Strategic Industrial Areas, which are managed by Landcorp, the agency responsible for providing land to meet the State's economic needs.

An overview of the forms of lease and easements available, and the land release process is provided below. An approval flowchart is also provided in PDF format.

Land Title over Crown Land Assessment Process - Overview (PDF, 54kb Opens in new window)

Approval Flowchart - Issue of State Lease (PDF, 25kb Opens in new window)

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