Exploration Licence Partial Surrender (WA)

Surrender

Section 65

Exploration Licences are subject to partial surrender pursuant to s65 of the Mining Act:

• an E applied for before 10 February 2006 is required to be reduced in its 3rd and 4th year by 50% in both years;
• an E applied after 10 February 2006 and contains more than 10 blocks is to be reduced by 40% at the end of its 6th year of its term.

Under s65(3) an exploration licence granted (this word is important in the interpretation) of more than 10 blocks must lodge a surrender for registration in respect of —

(a) 40% of the number of the blocks that are subject to the licence; or

(b) if 40% of that number is not a whole number, the nearest whole number of the blocks.

The remaining area of the licence must not be more than 6 discrete areas.

Exemption

The guidelines for applying for exemption form partial surrender are contained in this link. Applying for Partial Surrender

An exemption from partial surrender may be applied for the pre 10/02/2006 Exploration Licences. There is no exemption for an Exploration Licence applied for after 10/02/2006.

Reasons for an exemption from partial surrender are stipulated in Transitional Provisions of the Mining Act 1978 as amended by the Mining Amendment Act 2012; they are (refer to the guidelines for greater detail):

(a) by reason of difficulties or delays-

       (i) occasioned by law; or

       (ii) arising from administrative, political, environmental or other requirements of governmental or other authorities, in the State or elsewhere; or

       (iii) arising from a requirement to conduct an Aboriginal heritage survey on the land to which the application for exemption relates (the relevant land); or

       (iv) in obtaining requisite consents or approvals for exploration or for the marking out of a mining lease or general purpose lease in relation to any part of the relevant land; or

       (v) in gaining access to the relevant land because of unfavourable climatic conditions,

the exploration programme, or the marking out and application appropriate to a mining lease or general purpose lease in relation to the relevant land, could not be undertaken or completed or is restricted in a manner that is, or subject to conditions that are, for the time being impracticable;

       (b)       work already carried out under the licence justifies further exploration.''''

Tips

The surrender area of an exploration licence surrendered under s65 is placed in moratorium and released by the DMP for application after a couple of weeks (the period is indeterminate). This may be avoided by naming the form a "voluntary partial surrender" then the area is released without a moratorium period.

Another tip is,tip: if an E application has 40% excessive land, the excessive land can be surrendered after the E is granted and then E is can have 10 years without a reduction.