This paper examines how legislation and regulation can be external drivers of technical change in mineral processing and extractive metallurgy and how the industry can respond. Two examples are considered; the production of copper metal from concentrates and the cyanide process for gold production.The Clean Air Act (1970) in the USA initiated a wave of attempted innovations in the extractive metallurgy of processing copper sulfide concentrates to meet forthcoming standards on sulfur dioxide emissions. Interestingly, a satisfactory technical solution existed (flash smelting and gas capture) but had not been widely adopted.Nearly fifty years later the primary copper industry finds itself with new challenges. One major challenge is how to deal with the increasing level of arsenic in copper concentrates. Most countries impose an upper limit on arsenic in imported concentrate; typically, 0.5% As or less. Higher arsenic concentrates can be blended with cleaner ones to meet the limit, but this tactic cannot be used indefinitely as the average arsenic level of global concentrates rises inexorably. Further, smelters (often in urban locations) cannot be expected to deal with both ever-increasing arsenic in the feed and stricter restrictions on emissions and disposal. A rising inventory of primary copper deposits are already constrained from development by high arsenic concentrate. These deposits will need to be developed if future copper demand is to be met. An economic and technical solution to arsenic is needed. The gold industry may also face challenges in the use of cyanide, by far the dominant lixiviant used in gold and silver production. Public perception has driven restrictions on the use or transport of cyanide in some jurisdictions. History suggests that such pressure is only likely to increase. While there are several alternative lixiviants, none can yet match the utility and economics of cyanide.Such important issues will not be resolved by incremental change or new equipment items. They require development of new process technology - a tectonic event rather than an incremental change. It requires sustained effort (and expenditure) over decades and is very unlikely to result from business as usual for producers, suppliers or academics. Past major process developments were driven by a dire need for economic survival or by legislative change. What will drive the future changes?CITATION:Munro, P D, Pease, J D and Tuppurainen, J M I, 2017. Technology change by regulation - a cresting wave?, in Proceedings MetPlant 2017, pp 45-58 (The Australasian Institute of Mining and Metallurgy: Melbourne).