Western Australia’s State Development Act 2025 received royal assent on 19 December 2025, with the majority of its provisions coming into force on 18 February 2026.
The legislation is designed to coordinate, facilitate and promote state-significant development, orienting Western Australia’s strategic vision toward capturing and expediting major industrial opportunities.
The Act pursues its objectives through two major development pathways, supported by a newly established office of the Coordinator General.
The Coordinator General is empowered to identify and oversee priority projects and state development areas, while providing advice and recommendations to the Minister for State Development.
The Minister, or the Coordinator General acting on delegation, holds statutory powers to designate projects as state-significant developments, subject to approval from the Premier.
A state-significant development is broadly defined in the Act as “industrial development, development of infrastructure, or other development or activities, of strategic or economic significance to the State.”
According to the Act’s second reading speech, the government seeks to increase the competitiveness of Western Australian industry by prioritising critical minerals processing, naval shipbuilding, large-scale renewable energy, and net-zero hubs for green metals.
Purely residential developments are explicitly prohibited from being designated as priority projects, reinforcing the legislation’s industrial and strategic economic focus.
Projects receiving priority designation will benefit from fast-tracked approvals, strategic recognition, and coordinated engagement and support across government agencies.
The Coordinator General holds several new powers to influence how other public authorities handle decisions relating to priority projects, including the ability to issue Due Regard Notices, Timeframe Notices, Joint Decision Notices, and Modification Orders.
A Due Regard Notice requires other public authority decision-makers to give proper consideration to specified matters, though it cannot be directed at the Environmental Protection Authority or the Heritage Council of Western Australia.
A Timeframe Notice compels public authorities to reach decisions within a set period, with a mechanism allowing the relevant authority to request an extension where necessary.
A Joint Decision Notice requires public authority decision-makers to consult and collaborate with the Minister or Coordinator General, covering designated acts including the Environmental Protection Act 1986, the Mining Act 1978, and the Planning and Development Act 2005, among others.
Where a public authority and the coordination authority cannot align their decisions under a Joint Decision Notice, the matter is referred to the Premier for final determination.
A Modification Order allows parts of other designated acts to be modified or excluded with the Premier’s approval, where duplication of processes would otherwise arise or where effective regulation of a priority project would not be undermined.
The Act’s naval and industrial focus aligns closely with Australia’s participation in the AUKUS security partnership with the United Kingdom and the United States, particularly regarding the acquisition of nuclear-powered submarines and the development of sovereign fleet capabilities.
The legislation also reflects the Cook Labor Government’s October 2025 landmark Australia-US agreement supporting critical minerals and rare earths, aimed at diversifying Western Australia’s mineral supply chains and manufacturing sectors.
Western Australia has specifically confirmed that the Act will respect the independence of the Environmental Protection Authority and existing Aboriginal Heritage protections throughout its implementation.
Sections 115 to 117 of the Act, which amend the Petroleum Legislation Amendment Act 2024, are set to commence at a later date still to be confirmed by proclamation.