The regulatory risk rating for Western Australia may surprise many of those in the industry. Whilst the mining regime is a sophisticated one with map and ground staking, extensive provisions concerning surface rights and private owner conflicts, work expenditure obligations, filing requirements and retention licences, it is also quite a complicated regime that shows its age through patchy revisions that lack elegantly drafted overhauls. Ministerial discretion has a significant impact on the level of risk and the complications of the regime create difficulties for the uninformed and work for the legal advisor.