State Agreements

State Agreements detail the rights, obligations, terms and conditions for the development of the specific project, and are administered by the Department of Jobs, Tourism, Science and Innovation on behalf of the Western Australian Government.
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Western Australia’s continued economic growth over many years has been made possible by substantial investments in the resources sector.

In many cases, proponents commit to these significant projects on the basis of an Agreement specifying terms and conditions with the WA Government for the development of the resource. These terms and conditions are contained within what is known as State Agreements, which are ratified by Acts of Parliament.  

A State Agreement is a legal agreement between the WA Government and a proponent of a major project within the boundaries of WA. It is a highly visible sign of WA's and the proponent’s support for and commitment to the project.

State Agreements have been used to develop resource projects in WA for over 60 years with the first State Agreement enacted in 1952 for the BP refinery, located at Kwinana.

In State Agreements, significant responsibility is put on companies for infrastructure development, both industrial and social.

Negotiating State Agreements

State Agreements are not a ‘one-size-fits-all’ approach to resource development in WA. Although all agreements have similar provisions, they are negotiated on a case-by-case basis and as such have project-specific clauses. 

The Minister for State Development will consider if a particular development needs a State Agreement and advise the proponents accordingly. Some of the criteria used in determining this need include: 

  • matters that cannot be dealt with under the laws of the land e.g. private rail, local content, domestic gas reservation
  • the lifespan of the project
  • the requirement for long-term certainty for the proponents
  • the existence of extensive or complex land tenure issues
  • whether the project is located in a relatively remote area of WA, thus requiring significant infrastructure development, such as rail networks
  • significance of the project to our economic development.

Development proposals

After a State Agreement is entered into, the proponent is required to submit a development proposal for its project.

We facilitate and lead the coordination of the approval process for the development proposal by closely working with key regulatory agencies and ensuring that key government approvals have been obtained.

Statutory Acts

Download the full list of Statutory Acts administered by the Department of Jobs, Tourism, Science and Innovation.

Alcoa’s Mining and Management Program

Alcoa has operated bauxite mines, alumina refineries and alumina processing and shipping infrastructure in Western Australia pursuant to its 3 State Agreements since 1961:

  • Alumina Refinery Agreement Act 1961
  • Alumina Refinery (Pinjarra) Agreement Act 1969
  • Alumina Refinery (Wagerup) Agreement Act 1978

JTSI is responsible for administration of Alcoa’s State Agreements.

The Western Australian Government has implemented an approvals framework for Alcoa of Australia Limited’s mining operations in the Darling Ranges of Western Australia. The approvals framework is designed to mitigate social and economic impacts of curtailment of Alcoa’s mining operations, and afford a level of reasonable risk mitigation as Alcoa transitions to contemporary regulation under Part IV of the Environmental Protection Act 1986 (EP Act) from approximately 2027 onwards.

As part of the approvals framework, the Minister for State and Industry Development has approved Alcoa’s five-year Mining and Management Program (MMP) for the period 2023-2027. The approval is accompanied by a number of stringent conditions which Alcoa must comply with.

The MMP outlines Alcoa’s proposed mine plan and environmental monitoring and management activities. The MMPs are required to be submitted annually, with the latest approved MMP, accompanying appendices and the approval conditions published on Alcoa’s website.