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Expiry and Extension Of Term (Renewal) (WA)

Exploration Licence

Under s61(2) of the Act an Exploration Licence holder may apply to extend the term of the licence if the requirements of r23AB are met. Under s61(3) the licence stays in force until the extension application is determined.

Pre 10 February 2006 exploration licences have a period of 5 years and can be then renewed for 1 or 2 years (twice) and in exceptional circumstances further periods of one year. Post 10 February 2006 exploration licences have a period of 5 years and can be then renewed once for 5 years, thereafter period of 2 years. The link below will direct you to the Guidelines for the reasons under r23AB.

Extension of Term Application for an Exploration Licence

Prospecting Licence

A prospecting licence applied for after 10 February 2006 may be renewed under s45(1a) for a period of 4 years if the grounds exist under r16A. If the licence has retention status for a further period of 4 years. The licence will remain alive until the extension application is determine: see s45(1c). The link below will direct you to the Guidelines for the reasons under r16A. Extension of Term for a Prospecting Licence

Other TenureTenure's Terms

A mining lease has a period of 21 years and can be renewed for a further terms.

A miscellaneous licence has a period of 215 years and can be renewed for a further periods of 215 years.

A general purpose lease has a period of 21 years and can be renewed for further periods.

A retention licence has a period of 5 years and can be renewed for periods of 5 years.

Renewal Application

A renewal application can be made online at MTO Online Transactions or complete a Form 9 Application for extension of term/renewal of a mining tenement . A renewal application for Es and Ps needs to be accompanied byby:

  • 12 months rent. rent;
  • in respect of Es and Ps the reasons justifying the grounds for renewal; and
  • the licence document if issued (licence documents ceased to be routinely issued in 2013(approximate date).

A retention licence renewal under s70E shall be accompanied by:

  • 12 months rent;
  • a report of of any exploration on the licence;
  • proposed exploration and programme of work;
  • instrument of licence; and
  • a statutory declaration setting out the reasons the mineral resource was unable to be mined for the reasons set out in s70C(2). " (a) the identified mineral resource is uneconomic or subject to marketing problems although that resource may reasonably be expected to become economic or marketable in the future; or (b) the identified mineral resource is required to sustain the future operations of an existing or proposed mining operation; or (c) there are existing political, environmental or other difficulties in obtaining requisite approvals."

The various sections of the Mining Act and Regulations applicable to a renewalrenewals are:

  • are:Prospecting SectionsLicence 45,- 61,s45 70E,and 78,r16B
  • 88,Exploration 91A,Licence - s61 and r23A
  • Retention Licence - s70E and r23F
  • Mining Lease - s78, and r29
  • General Purpose Lease s88 and r36A
  • Miscellaneous Licence -s91A, 91B and Regulations. 16B, 23A, 23F, 29, 36A, 42Ar42A