Why the AAPA Amendments should be part of a tenement holder’s due diligence

The amendments proposed by the Aboriginal Affairs Planning Authority Amendment Bill 2026 (WA) to the Aboriginal Affairs Planning Authority Act 1972 (WA) (AAPA Act), based on the Exposure Draft[1] and the Department’s accompanying Explanation Guide, are significant for current or future mining tenement holders.

If you are planning on applying for mining tenements in areas that the AAPA Act has authority over, it is important to assess the amendments proposed by the Exposure Guide as a component of your due diligence. 

Relevant Components of the Amendments

A key objective of the bill is:

‘‘to facilitate the divestment of the ALT estate and Part 3 reserves in particular to Aboriginal people and Aboriginal-controlled organisations where Aboriginal stakeholders wish this to occur and an appropriate tenure outcome has been identified.’[2]

This is reflected in the primary amendment to the Bill, being the addition of a statutory mechanism allowing the Aboriginal Affairs Authority (Authority) to place a Part 3 reserve under the control and mazement of an Aboriginal corporation. This is called a Part 3 Order.[3]

The following inclusion of new key terms are relevant: 

• Aboriginal corporation – defined as “a corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth)”.[4] This sets the mandatory eligibility requirement for the Part 3 order framework.

• Managed Part 3 reserve – described in the Explanation Guide as “a Part 3 reserve that has been divested to an Aboriginal corporation”[5]; the formal s 4 definition ties this to a reserve placed under an order under s 37(1).[6] This is the condition that activates new consent, leasing and permit rules. 

The above provision is important as it proposes divesting land under Part 3 reserves from the Aboriginal Lands Trust (ALT) directly into Aboriginal Corporation’s themselves. 

Commentary on possible actions to take for tenement holders 

These amendments are important in the context of potential mining interest in ALT land. The ALT is currently comprised of 22 million hectares, equating to approximately 8.7% of the state. It is imperative that proper due diligence is done in the scenario’s where a mining interest is being sought, in order to uphold the rights that the Corporation holds towards the reserve. 

Where a reserve is managed by a Part 3 Corporation and the Authority has separately conferred leasing power[7], the Corporation may grant leases, subleases, licences and in prescribed circumstances may approve applications under s 30, without the consent of the authority.[8] In every case, the Corporation may refuse an application without the consent of the Authority. In scenarios where the Authorities consent is still required, the Authority must consult the Corporation by giving written notice and inviting submissions pertaining to the application.[9]

As such, an aspect of a potential tenement holder’s due diligence in seeking a interest over a Part 3 Reserve is to determine: 

• whether the reserve is a managed Part 3 reserve;

• who holds the relevant consent or leasing power; and 

• what consultation steps and timeframes apply. 

This is vital to determining one’s obligations surrounding Part 3 Reserve Land.  There are also amendments that pertain directly to the Mining Act 1978 (WA) (Mining Act). Currently, under the Mining Act if one wishes to mine on areas affected by Part 3 of the AAPA Act, they must gain written consent from the Minister of Mines, who must seek consolation with the Minister of Aboriginal Affairs before doing so.[10] The amendments under the Exposure Draft now outlines that the Minister of Mines must not only seek consultation with the Minister of Aboriginal affairs, but with the relevant Corporation as well.[11]

The intention, under the Explanation Guide, is to ensure that a Part 3 corporation, who control a reserve, have the same opportunity as the Trust to comment on proposals. It should be noted that this effectively adds a further potential level of scrutiny for mining projects on Part 3 reserves, however the Minister is not bound to these views. 

Therefore, parties seeking potential mining tenements should add the aspects of the AAPA amendments to their due diligence, in order to adhere to the required regulations properly. 

[1]Aboriginal Affairs Planning Authority Amendment Bill 2026 – Exposure Draft. 

[2]Aboriginal Affairs Planning Authority Amendment Bill 2026 – Explanation Guide, “Background”. 

[3] Exposure Draft, s 37(1)

[4] Exposure Draft s 4, definition of “Aboriginal corporation”. 

[5] Explanation Guide, “Terms”. 

[6] Exposure Draft s 4, definition of “managed Part 3 reserve”. 

[7] Exposure Draft s 37(2).

[8] Ibid. s 38E(2)(b) 

[9] Ibid. ss (2)(b)

[10]Mining Act 1978 (WA) s24(7A)-(7B)

[11] Exposure Draft, s 38