West Australian environmentalists say proposed state government plans to charge hundreds of dollars to challenge permits for mining activities are “anti-democratic”.
Key points:
- An $859 fee has been proposed, but environmentalists have lined up to condemn the plan
- Lodging objections is currently free but the state government says it needs more resources to meet increased challenges
- Prospectors say they would support a fee of about $500
Objecting to activities such as exploration licences in the Warden’s Court is currently free, but the Department of Mining, Industry Regulation and Safety (DMIRS) is proposing an $859 fee per objection.
The government said the fee would provide the court with the resources and funding it needs to meet extra demand, but environmental groups claim it is designed to deter community opposition to mining.
Earlier this year Rio Tinto backtracked on plans to mine near jarrah forests in WA’s South West following backlash from the local community.
Dwellingup Discovery Forest Protectors chair Jennie Wise played a key role in the campaign which included a challenge in the Warden’s Court.
Ms Wise was damning in her assessment of the proposed fee.
“It’s a David and Goliath issue, and just completely undemocratic that members of the public, as individuals or community groups, [would be] charged with what is basically a community right to protest,” she said.
“Small community groups like us would not be able to object to any tenement that comes up that affects us in our immediate area.”
WA Forest Alliance’s Jess Beckerling said objecting to mining applications was already time consuming and complex for them, and the “exorbitant” fee would be “unacceptable”.
“This is clearly designed to stop people objecting to mining applications,” she said.
“There is already a serious power imbalance between mining companies and the public interest in WA.
“If the Department of Mines (sic) needs more money to administer objections they should get it from mining companies, not the public.”
Objections more than doubled
A DMIRS spokesperson said the number of objections before the Warden’s Court had increased from 1,363 in 2019/2020 to 3,328 in 2022/2023.
The spokesperson said this had led to increased costs for the court, and its functions could no longer be sustained without charging fees.
“There is no other similar fee-free tribunal or court in Western Australia,” the spokesperson said.
“The fee for objections is not designed to stop community scrutiny of mining activities.
“Applying a fee for objections is consistent with the cost recovery policy for government services.”
DMIRS is accepting community submissions on the proposal until November 21, and the fee is expected to take effect in 2024.
Prospectors back fee
Amalgamated Prospectors and Leaseholders Association of WA (APLA) president James Allison said his industry and the broader mining sector backed the introduction of a fee.
However, he said APLA had advocated for a fee of about $500.
Mr Allison said the sector had faced an increase in “vexatious litigation” which he said would be addressed by new charges.
He said the government’s controversial rollout and then backflip on Aboriginal cultural heritage laws triggered increased community awareness on land use and access.
Mr Allison said this awareness was behind the increase in objections lodged in the Warden’s Court.
“Particularly with cultural heritage, that actually brought a lot of issues to the fore and a lot of people became aware of how we can be impacted,” the APLA president said.
According to DMIRS’ consultation paper on the issue there were 350 objections between April and May last year, with more than half lodged by companies or people in the mining industry.
Eight per cent of the objections were made based on native title rights and interests.
