Application for Forfeiture (WA)

In respect of Prospecting Licences under Section 96 of the Mining Act any person may lodge an Application for Forfeiture (PDF) if the current holder has been negligent in maintaining their expenditure. For exploration licences and mining leases the Application for Forfeiture can be made under s98.

The application for forfeiture can be made online to the MTO

The application for forfeiture must be made in the expenditure year or within 8 months after its expiration

Within 35 days of an exemption application being lodged an Objection can be lodged on Form 16 r146(2) (this can be extended on application to the Warden).

The Application and Objection are heard and determined is made by the Warden's Court.

The Warden may instead of imposing forfeiture may impose a penalty on the holder and award the penalty (in whole or part) to the applicant.

If the penalty is not paid within the specified time the licence is deemed forfeited and the applicant has 14 days to mark out the tenement area

The applicant has 14 days after the date of forfeiture of the tenement to mark out the tenement.

Failure by the applicant to proceed with forfeiture proceedings the Warden may award the holder any cost and expenses he seems fit s96(5)