This article outlines key obligations for landowners under Western Australia’s Aboriginal Heritage Act 1972 (WA), including reporting heritage discoveries, avoiding damage to sites, and obtaining approvals. It explains the consent process, native title considerations, ongoing compliance duties, and options for protecting significant sites or challenging decisions.

McLeod Fisher & Hamdorf Recognised as Top Tier in Doyle’s Guide 2026

Doyle’s Guide has once again recognised McLeod Fisher & Hamdorf as a Top Tier firm for Planning and Environment Law in Western Australia in 2026.

The Petroleum Legislation Amendment Act 2024 (WA) establishes two new industries in Western Australia: greenhouse gas (GHG) transport and storage, and the exploration and production of natural hydrogen and helium. The Department of Mines, Petroleum and Exploration has issued draft guidelines to clarify application and assessment processes.

The Amendment Act seeks to enable Regulated Substance Rights to be added to petroleum titles, with separate work programs and Ministerial approval required. Exploration permits for petroleum, geothermal and GHG storage will be competitively assessed against technical, financial and work program criteria. GHG storage projects also require Ministerial declaration of an eligible storage formation before further tenure can be granted.

Western Australia has entered a new era of local government oversight. On 6 December 2024, the Local Government Amendment Act 2024 (WA) became law and resulted in various amendments to the Local Government Act 1995 (WA) (the Act). These reforms mark the second stage of major reforms to the Act.  One of the most significant reforms is the introduction of the Local Government Inspector (Inspector), a new statutory role that officially commenced on 1 January 2026.

The NGER Framework and Safeguard Mechanism are complex, and the penalties of non-compliance are large.

Compliance with the Safeguard Mechanism requires active management of emissions baselines and reporting obligations to avoid substantial penalties.

Entities must ensure their internal systems are robust, that they maintain a five-year audit trail and meet the strict reporting and safeguard deadlines. 

The State Development Bill 2025 (Bill) contains some of the most significant changes to the existing approach to the approval of major projects and the application of environmental law seen in Western Australia. The Bill was introduced to WA Parliament on 10 September 2025. The object of the Bill is to provide for the ‘coordination, facilitation and promotion of State-significant development, while taking into account social and environmental considerations.’ State-significant development is defined as development ‘of strategic or economic significance to the State’.

In November 2024, the Environmental Protection Agency (EPA) released an updated Environmental Factor Guideline: Greenhouse Gas Emissions (Guideline) to outline how and when the Greenhouse Gas (GHG) factor is considered by the EPA in the environmental impact assessment process. The guideline has been updated in light of the 2023 Commonwealth reform to the Safeguard Mechanism.

The recent case of Raindale Holdings Pty Ltd v Sigma Power Services Pty Ltd [2025] WASC 260 (Raindale) has reiterated the applicable principles of making an application for pre action discovery.

Offshore wind projects present significant opportunities to decarbonise and boost Australia’s economy. Federal and State governments have been laying regulatory foundations, declaring six offshore wind areas across four states. The recent Winds of Opportunity report from the Clean Energy Council estimates these areas represent potential capacity of 67.4GW of wind generation capacity, and that delivering just 20GW could boost Australia’s economy by up to $15.2 billion. 

Despite this opportunity, offshore projects have faced lengthy delays. The Winds of Opportunity report identified complex regulatory processes and risk of project delays as a key barrier to unlocking offshore wind, noting specifically the potential duplication of State and Federal approval processes.

On 10 and 11 June, our directors, Jess Hamdorf and Connor Fisher attended Australia’s leading decommissioning conference, D&A Aus 2025, at Crown Perth. Key operators, regulators and service providers gathered to consider challenges regarding decommissioning.

2024 has seen significant reforms to both environmental and planning approval systems. On 11 October, McLeod Fisher & Hamdorf, in conjunction with Murdoch University, hosted a symposium, centered around environment and planning approvals during these times of change.

The overlap between planning and environmental laws was displayed in a recent Magistrates Court proceeding with one of our clients. The Shire of Augusta Margaret River (Shire) prosecuted two parties for carrying out unlawful development under the Planning and Development Act 2005 (WA) (PD Act).

The Planning and Development Amendment (Metropolitan Region Scheme) Bill 2024 (Amendment Bill) was recently introduced into Parliament.

A recent decision of Justice Strk in The Owners of Smiths Beach Resort Strata Plan 49006 v Hadley [2004] WASC 137 provides a useful example of the Court’s ability to issue orders compelling a party to undertake a certain act, within a very short timeframe.

The recently passed Planning and Development Amendment Act 2023 (Amendment Act) introduces a new system for development approval of ‘significant development’. These provisions are anticipated to come into force on 1 March 2024.

McLeod Fisher & Hamdorf is delighted to welcome Chris Harold to the team.

This recent Surpreme Court decision highlights the importance of protecting individual amenity and sets a clearer benchmark for future cases involving industrial emissions and their impact on local communities.

We presented at the Law Society’s Word Environment Day CPD Seminar: Are WA’s Law in Good Shape?’ on the legal framework of the Environmental Impact Assessment (EIA) in Western Australia. Here is a summary of the assessment.

At a time when the State is centralising and, in some respects, relaxing planning laws, a recent Supreme Court decision is an important reminder that the courts will place limits on the power of decision making bodies.