Hogan Lovells Publications | January 2021

Recent Developments in Australian Mining Sector – Around the States

On 13 August 2020, the Western Australian Government passed the Iron Ore Processing (Mineralogy Pty Ltd) Agreement Amendment Act 2020 (WA), which in effect, overrides the outcomes of the Western Australian Government's dispute with Clive Palmer and blocks Clive Palmer's rights to damages.

Separate from Clive Palmer's legal challenge over the Western Australian Government's COVID-19 border closures, this dispute stems from the 2002 state agreement between the Western Australia Government and Clive Palmer's company, Mineralogy. State agreements state the terms and conditions under which the Western Australian Government agrees to the development of the resource by a proponent in exchange for royalties. It has been historically used in the Western Australian mining sector to secure major resource projects, particularly those that require the development of significant infrastructure (such as railways and ports), and long-term tenure.

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