WA’s New Objection Fees

15 Oct 2024

Small Players to Feel the Pinch

With Western Australia’s new fee for lodging mining title objections being but a drop-in-the-pond for larger mining companies, there’s a clear impact on small-scale exploration companies, prospectors, pastoralists, and individual parties. The new fees—$430 for most objectors—are set to help fund additional administrative resources in the mining wardens’ offices. However, these fees could create a disparity in the voices that are heard in the mining objection process.

For large mining companies, the additional cost to lodge objections is just a small bump on the road given their resources. But for smaller objectors, this added expense can make a significant difference. An extra few hundred dollars for each objection will pile up, creating a barrier for those trying to protect their interests or land. Environmentalists are up in arms, “There will be projects that are not objected to because the price is just too exorbitant for concerned individuals or small groups, and we will see that knock-on effect, especially with so many exploration applications coming through,” said Jess Boyce, director of the WA Forest Alliance.

Even after lowering the proposed fee from $859 after community consultation proved there was an aversion to fees, WA now has the “highest fees in the country”.

Then there are pastoralists and landowners who might want to raise objections due to concerns over water use, grazing impacts, or environmental issues on their land. While Registered Native Title Bodies Corporate and freehold landowners are exempt from the fees, many pastoralists operating on leased land will need to pay, creating an added expense that can deter them from raising legitimate concerns. In a community that often sees itself as the last line of defense for local environmental and land use interests, this fee may start to limit voices and influence.

Even for these small players, the Mines Minister David Michael has emphasized that the new fee structure “strikes a balance between industry and community concerns and the efficient operation of the Wardens Court.” Yet, the reality is that the cost burden will hit differently for those without deep pockets.

I think the sentiment is captured well in this quote from Alan Oakley, “I’ve handed over more than half of everything I’ve ever earned to governments. I’ve paid my full whack in state and federal taxes, one-off levies, council rates, taxes posing as fines, excise duty for drinking and other sins, taxes and tolls for driving, flying – basically a levy on living and dying (final reckoning TBA)”.

As this fee structure takes effect, it’s worth questioning whether a fair balance has been struck—or if it’s undermining the democratic principles of open objection and community input. By attaching a price tag to lodging objections, are we effectively silencing the smaller players? In a process that should be open to all, these new fees risk creating a barrier that favours the powerful and makes it harder for the rest to participate in crucial decisions about land and resource use in WA.

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