Australia as a Mining Jurisdiction: Assessing Risk in an Evolving Landscape

Western Australia drops from Fraser Institute top 10

No state in Australia ranked in the top 10 of the Fraser Institute's latest Investment Attractiveness Index, with Western Australia, long regarded as a global mining hub, dropping from fourth to 17th place amid growing concerns over environmental approvals, land access and Indigenous rights disputes.

Australia's Association of Mining and Exploration Companies (AMEC) issued a statement after the Fraser Institute list came out, underscoring the challenges the sector is facing.

“As a country and industry that relies heavily on overseas investment to support exploration and the development of new mining projects, we should always pay close attention to significant changes in investor attitudes," said AMEC Chief Executive Warren Pearce in the organisation's July press release.

"Regrettably, many of the concerns raised, reflect what Australian industry has been saying for some time, primarily about increased uncertainty around land access and approvals," he added.

These issues were highlighted in February, when Aboriginal group Yindjibarndi Ngurra Aboriginal Corporation sought AU$1.8 billion in damages from the state, saying the government had approved an iron ore project from global firm Fortescue (ASX:FMG,OTCQX:FSUMF) on ancestral land without a land-use deal.

The group said the action has “severely damaged its land and people.”

Fortescue responded via a Reuters statement that it “accepts that the Yindjibarndi People are entitled to compensation, however, the parties disagree on the amount of that compensation."

Hearings have been held, and a decision is awaited by the end of the year.

Western Australia is reviewing its cultural heritage protection laws. The goal of the reforms is to align Indigenous rights with mining development, but delays and uncertainty are affecting exploration timelines.

Queensland's new government may speed reform

Queensland declined by 16.36 points on the Fraser Institute's Policy Perception Index, with miners voicing growing concern over disputed land claims, as well as uncertainty around how existing regulations are administered, interpreted and enforced. They also highlighted issues with regulatory duplication and inconsistencies.

One executive said that “some mines recommended for approval by state authorities were blocked at the last minute by the federal government, creating uncertainty and deterring investment." Similarly, the president of an exploration company said environmental approvals for simple, low-impact shallow drill programs have been delayed.

For its part, AMEC notes that a government change in Queensland may bring change.

This past April, the state's Crisafulli government said it is working toward improving mining approvals, following a resources plan it revealed in December 2024. The government has also begun changes to the Resources Safety and Health Legislation Amendment Act 2024, introducing preventative and proactive reforms to improve the sector’s safety and health performance and reduce the occurrence of fatalities and serious accidents.

Northern Territory highlights resource sector in budget

Like Queensland, the Northern Territory saw a decline in policy perception, with a decrease of 15.41 points.

According to the Fraser Institute, the president of a local exploration company raised concerns that in some cases, mines recommended for approval by state authorities were ultimately rejected by the minister.

Land claim disputes are also prevalent in this area of Australia, similar to Western Australia.

The government does note that it is making significant moves, including highlighting the resources sector in its 2025 to 2026 budget. Mining accounted for 25 percent of the territory’s gross state product in 2023 to 2024.

This past March, the Northern Territory published the latest edition of its Critical Minerals Guide, identifying 17 minerals with established reserves. It also points to geological potential for 13 "emerging critical minerals."

Besides these moves, the Northern Territory launched an open data portal on June 23, providing daily updates on current and pending mineral tenures under the Mineral Titles Act and related legislation.

The dataset reveals application status and transaction histories, encouraging transparency around tenures. It also allows explorers and investors to observe the permitting process and even plan their projects.

New South Wales a mixed bag

Looking at New South Wales, one executive told the Fraser Institute that the state's Resources Regulator is causing "significant issues" for exploration companies in the drill permitting process.

“The root cause appears to be a lack of communication between government agencies, leading to confusion for both investors and explorers," the person said.

The president of another company said the blocking of a new gold mine by Indigenous elders has created significant barriers to development, contributing to uncertainty and ultimately deterring investment.

In a statement on its priorities for H2 of this year, the Resources Regulator said:

“The regulator will continue its focus on implementing the regulatory framework to minimise the impact of mining on the environment, so mine rehabilitation benefits future generations. This will include undertaking targeted assessment programs for mine rehabilitation, which will include revegetation, landform establishment, and decommissioning.”

New South Wales saw a 20.86 point decline in the Fraser Institute's Policy Perception Index, but performed well in terms of permitting, with 29 percent of respondents reporting that they received permits in under two months.

Victoria faces permitting bottlenecks

Permitting bottlenecks and land access disputes are slowing project approvals in Victoria.

In comments to the Fraser Institute, the president of a producer said that when permits are overturned by the federal environment minister “on baseless grounds,” it creates uncertainty and discourages investment. An exploration company president similarly pointed to delays in development approvals as a growing concern.

In early December 2024, Victoria published a Critical Minerals Roadmap, underlining that its resources include globally significant quantities of titanium, zirconium and associated rare earth elements.

Included in the roadmap is a modern regulatory regime, wherein the government seeks to establish a Victorian Critical Minerals Coordination Office to engage industry on processes and standards and reduce approval timelines.

“The government will also review guidance materials and operational practices to provide greater clarity and streamline processes. This work will support the government’s continued implementation of a modernised duty-based regime for exploration and mining approvals," it states.