Prospecting Licence - Application (WA)

A prospecting licence must be marked out (s105(1) r11). The date the pegging is complete and the Form 20 affixed to the datum post is the time the prospecting licence is deemed to be applied for. Under r64 an application must be made on a Form 21 Application for Mining Tenement (PDF) and lodged at the Office of the Mining Registrar; or lodged electronically via the DMPDMIRS website via the online transactions (r59B), within 10 days of marking out.

Using elodgement out of hours, the application is deemed to be received at 8.30am in the morning.

Under 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)
• a map of the tenement on which the boundaries are clearly delineated;
• 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. (s41(3) s118 and r64B);
• any miscellaneous holder underlying the tenement;
• if private land underlies the application pursuant to r7
• 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 DMIRS and an affidavit stating that the notice had been served on the relevant parties.

This link shows the path of an exploration or prospecting licence through native title Application Path Through Native Title (PDF)