WA's new State Development Act 2025 to streamline regulatory approval process for State significant development
What you need to know
- Western Australia's new State Development Act 2025 provides the Minister for State Development (or the Coordinator General acting on delegation) with statutory functions and powers that will allow them to designate a project as having strategic significance to the State and be processed through a new streamlined framework in an “investment-friendly timeframe”.
- Major clean energy (green energy transition as well as green steel), critical minerals and defence (AUKUS-related works and naval shipbuilding) have been flagged by the State as project types that could be given priority status.
- The State has specifically flagged that the Act will respect the independence of the WA Environmental Protection Authority and existing Aboriginal Heritage protections.
What you need to do
- Proponents should consider whether their projects may qualify for priority status or are located within a State Development Area so that they can be processed through the new framework.
- This will save time and reduce approval risks associated with the current complex approval pathway.
State Development Act passed in December 2025
The State Development Bill 2025 (WA) was introduced to Parliament in September 2025 and was passed as the State Development Act 2025 (WA) on 4 December 2025.
The stated object of the State Development Act is to provide for the coordination, facilitation and promotion of State-significant development, while taking into account social and environmental considerations.
The State Development Act seeks to achieve this purpose by establishing the role and functions of the Coordinator General, simplifying approval processes for strategically significant precincts and projects and reducing regulatory burden to accelerate investment in Western Australia.
The majority of the State Development Act came into operation on 19 February 2026, with the exception of three provisions in Part 9 relating to the commencement of the Petroleum Legislation Amendment Act 2024 (WA).
How the new framework works
The State Development Act confers statutory functions and powers on the Minister for State Development (or the Coordinator General acting on delegation) to designate development projects as 'State-significant developments', subject to the approval of the Premier.
A 'State-significant development' is broadly defined in the State Development Act as "industrial development, development of infrastructure, or other development or activities, of strategic or economic significance to the State". A development project that receives this designation is referred to as a 'Priority Project'.
The State has indicated major clean energy projects (including green energy transition and green steel projects), critical minerals projects and defence projects (including AUKUS-related works and naval shipbuilding) are among the types of projects that could be designated as Priority Projects. However, it will ultimately be at the discretion of the Minister or Coordinator General to determine which development projects satisfy the thresholds under the State Development Act to be processed through the new approvals process.
Once a project is designated as a Priority Project, the following mechanisms become available to the Minister and Coordinator General to streamline the approvals process so that it is achieved in an "investment-friendly timeframe":
- Due Regard Notice – the ability to require other public authority decision makers to give due consideration to matters specified in the notice when making decisions about a Priority Project under a designated Act.
A Due Regard Notice cannot be given to the Environmental Protection Authority, Heritage Council of Western Australia or other public authority prescribed by regulations.
- Timeframe Notice – the ability to require other public authorities to make decisions about a Priority Project within the timeframe set out in the notice. There is a mechanism for the relevant public authority to request the extension of the specified timeframe.
A Timeframe Notice can be issued in respect of a designated Act or the Aboriginal Heritage Act 1972 (WA).
- Joint Decision Notice – the ability to require other public authority decision makers to consult and work with the Minister or Coordinator General (referred to in this case as the 'coordination authority') to reach a decision about a Priority Project, while having regard to the objectives of both the other designated Act and the State Development Act.
Significantly, the designated acts include the Contaminated Sites Act 2003 (WA), the Environmental Protection Act 1986 (WA), the Mining Act 1978 (WA), the Petroleum Pipelines Act 1969 (WA), the Planning and Development Act 2005 (WA) and the Port Authorities Act 1999 (WA).
If a public authority and coordination authority cannot align their decisions, the matter is referred to the Premier for determination.
A Joint Decision Notice cannot be given to the Environmental Protection Authority, Heritage Council of Western Australia, Western Australian Planning Commission or other public authority prescribed by regulations.
- Modification Order – the ability to modify or exclude parts of other designated Acts with the Premier's approval where it is necessary to avoid duplication of processes or requirements or where it will not prevent the effective regulation of a Priority Project.
- State Development Area – with the approval of the Premier, declare an area that is of strategic significance to the State. The Minister or Coordinator General will then maintain high-level oversight of the planning and development of the area.
The Minister or Coordinator General may declare an area as a State Development Area for the purpose of facilitating economic or industrial development, or for protecting the environment. Once declared, an improvement scheme and plan can be implemented to establish a planning framework for the area, which all public authorities must adhere to when making decisions in relation to the area.
Other major projects not deemed to have strategic significance will continue through the regulatory approval process and to be overseen by the Department of Energy and Economic Diversification in the usual way.
Insights
The State Development Act is similar to the regimes in Queensland and the Northern Territory.
In Queensland, the State Development and Public Works Organisation Act 1971 (Qld) (QLD Act) performs very similar functions to the WA Act. The main difference is under the QLD Act project proponents can apply to have their project declared as significant, enlivening the powers of the Minister and Coordinator General. Under the WA Act, the process of declaring a project as significant rests solely with the Minister.
The new Territory Coordinator Act (NT) (NT Act) performs similar functions by appointing a "Territory Coordinator" to assist the delivery of major projects which deliver economic benefits to the Northern Territory. The Territory Coordinator plays a more active role in the acceleration of project approvals than its WA counterpart. See our article, "New Powers to Facilitate Significant Projects in the Northern Territory" for more information.
The Act is designed to provide a comprehensive legislative framework for the planning, approval and implementation of major development projects in WA (including for strategically significant precincts and defence opportunities).
Its primary aim is to streamline regulatory approval processes, promote sustainable growth, and ensure that development aligns with State priorities. These are the biggest reforms to the State Development framework since 1952.
Other author: Shayne Solin, Lawyer.
Want to know more?
- Environment and planning developments in Western Australia (14 May 2026)
- Big changes for regulation of WA renewable energy projects (14 May 2026)
- New Powers to Facilitate Significant Projects in the Northern Territory (14 May 2026)
