Access to Land and Waters

Within Western Australia the Native Title Act 1993 (Cwlth) is administered by the State government. It 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 Native Title Act 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)

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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.

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 Mines and Petroleum (DMP) administers all these Acts. In Commonwealth jurisdictions, DMP carries out approvals on behalf of the Commonwealth, under joint authority.

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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 LAA does not encompass exploration for, or extraction of, minerals or petroleum. Separate Acts exist for those purposes, which are administered by the Department of Mines and Petroleum.

The Department for Planning and Infrastructure's State Land Services, administers the Land Administration Act on behalf of the Minister for Planning and Infrastructure who, for the purpose of the Act, is the Minister for Lands.

The Government of Western Australia, has established Strategic Industrial Areas in key location throughout the State, to support the development of major heavy industry.

These Strategic Industrial Areas, which are managed by Landcorp, the agency responsible for providing land to meet the State's economic needs.

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Access to land upon which Aboriginal sites exist is governed by the Aboriginal Heritage Act 1972.  This Act applies to all types of land tenure in WA and provides protection to Aboriginal sites regardless of whether they are listed on the Register of Aboriginal Sites.

Proponents should seek advice from the Department of Indigenous Affairs (DIA) about Aboriginal heritage matters prior to proceeding with their developments and before submitting applications for Programs of Work, Land Clearing and Mining Proposals under the WA Mining Act 1980.  Advice for proponents can be obtained through the DIA website.

Some Commonwealth and other environmental legislation may apply to Aboriginal heritage in WA.  The Aboriginal Heritage Act 1972 is independent of the Commonwealth Native Title Act 1993.  Proponents should contact DIA in relation to their particular circumstances.

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