Miscellaneous Licence - Application (WA)
Miscellaneous Licences (L) may be of any shape but the boundaries where practicable must be straight lines r37 and 38.
An L can be applied for over other mining tenements s94A though an Access Agreement may be required to govern the relationship between the parties for the use of the land.
Ls are not required to be marked out.
Under r64 an application must be made on a Form 21 Application for Mining Tenement and lodged at the Office of the Mining Registrar; or lodged electronically via the DMP website via the online transactions.
Using elodgement out of hours the application is deemed to be received at 8.30am.
Unders92 s41 of the Act the application is to be accompanied by:
- written description of the application(this is usually written on the Form 21 unless there is limited room then added as an attachment) s93
- a map of the tenement on which the boundaries are clearly delineateds93;
- the application fee:
- first years rent:
- the Warden may request additional information s41(3) .
If the licence is over private land it is advisable to add a statement on the application stating that the application is for subsurface rights only so all the notifications required for private land are not required. Also consider placing this statement on all applications so minor private land holdings are not overlooked.
Within 14 days
- a copy of the application must be sent by registered post to the pastoralist. (ss41(3) 118 and r64B);
- any miscellaneous holder underlying the tenement;
- if private land underlies the application
- the clerk of the local shire;
- the owner and occupier (the person renting the land) r64A
- each mortgagee
Within 28 days of the application a $5000 security is to be lodged with the DMP and an affidavit stating that the notice had been served on the relevant parties.