Post Mining Land Use and the Diversification Lease: Land Tenure Designed to Facilitate the Repurposing of Mine Sites

A contemporary and innovative feature of post-mining land use (‘PMLU’) planning is the repurposing of sites such as mine-voids to alternative purposes such as pumped hydro, irrigated agriculture, renewable energy, or recreation and tourism. Repurposing can facilitate the transition of the region’s economy post-mining and contribute to rehabilitation for sites that cannot be returned to the pre-mining land use. A key issue inhibiting a third-party engaging in repurposing projects is the underlying tenure and the attached liability for residual and unforeseen risks. This article scopes out the tenure issue and considers whether introducing a new form of tenure in Western Australia could facilitate PMLU transitions and mitigate the frequent problem of sites languishing under care and maintenance.