Proposed law amendment: WA’s Mining Act
An amendment to Western Australia’s Mining Act 1978 has been drafted.
The proposed amendments are designed to uphold security of mining licences and permits in the state.
In 2017, a High Court case between Andrew and Nicola Forrest and Stephen McKenzie Wilson found that granted mining leases were invalid if they didn’t strictly follow the process for preparing and lodging tenement applications as outlined in the Mining Act 1978. The draft new legislation addresses the procedural matters found in the Act.
Changes outlined in the draft include amendments to address common pitfalls in the tenement application process such as the statements required to accompany an exploration licence application.
It will also address the ruling made in the 2022 Supreme Court case (Blue River Mines v Roy Hill) which stated that the WA Mines and Petroleum Minister doesn’t have power to excise areas from the grant of an application for an exploration licence.
Status: The amendments will split the stalled Mining Amendment (Procedures and Validation) Bill 2018 (amendments in the Bill relating to the Native Title Act 1993 remain subject to ongoing consultation between the state and federal governments).
The new amendments have yet to be introduced to Parliament.
Proposed law amendment: NSW strata laws
NSW Government is proposing to introduce new strata laws aimed at enhancing disclosure requirements and curbing misconduct within the strata sector.
Under current strata laws, owners’ corporations are responsible for making key decisions about buildings and common property in townhouses and apartments. Typically, these corporations appoint strata managing agents to provide advice on legal compliance and service management for the strata scheme.
Key changes proposed include:
- Increasing the maximum penalties and penalty infringement notice amounts for existing agent obligations to disclose information about commissions.
- Strengthening the conflict-of-interest disclosure requirements.
- Banning agents from receiving a commission on insurance products when they don’t play a role in finding the best deal for residents.
- Strengthening NSW Fair Trading’s enforcement and compliance powers.
Status: At the time of writing, the legislative proposals had not been presented to Parliament.
Law passed: Queensland’s mine safety laws
The Queensland Government passed the Resources Safety and Health Legislation Amendment Bill 2024 on 13 June 2024.
The new laws introduce changes for safety and health in Queensland’s mines, quarries, petroleum, gas and explosives industries. The new laws are designed to help protect workers and improve safety.
The reforms modernise regulatory enforcement powers, ensuring the state’s resources safety and health legislation is both contemporary and effective.
Mine and quarry sites will now be required to introduce crucial controls in their safety and health management systems, with enforceable undertakings being introduced for the first time in the Queensland resources industry.
All changes to the Resources Safety Acts were informed by recommendations from the Brady Review into fatal accidents at Queensland mines, the Queensland Coal Mining Board of Inquiry, the coronial inquest into the death of Gareth Dodunski, and industry consultation.
Status: The amendment has passed, and the changes will be implemented over the next five years.
Draft legislation: Payment Times Reporting Act 2020 amendment
On 15 April 2024, Treasury released draft legislation to overhaul the Payment Times Reporting Act 2020 and introduce reforms that will increase pressure on big businesses to pay small businesses on time.
The overhaul implements the Government’s response to the independent review of the Act by the Honourable Dr Craig Emerson.
According to Treasury, it will simplify reporting, reduce regulatory burdens and increase pressure on large businesses that are slow to pay, including naming and shaming slow payers.
The proposed legislation introduces mechanisms that increase pressure on large businesses to improve their payment times to small businesses. These include:
- Expanding the Regulator’s functions to enable a range of activities to highlight good and poor payment conduct by large businesses, and undertake research on the causes and impacts of slow payment to small businesses.
- Consolidating reporting under Australian accounting standards so reported data gives a holistic view of payment times for corporate groups and enables meaningful comparisons of large businesses.
- Mechanisms to improve transparency and shine a light on slow payers. This includes potential enhanced disclosure by persistently slow paying large businesses.
The overhaul will also streamline reporting and remove inefficiencies and unnecessary burdens under the Act.
The legislation is expected to be introduced into the Parliament this year with amendments to the Payment Times Reporting Rules 2020 to follow shortly thereafter.
SMEs should talk to their EBM Account Manager about insurances available to protect income and other financial exposures.
