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Mining Lease - Application (WA)

A prospecting licence must be marked out (s105(1) r24). The date the pegging is complete and the Form 20 affixed to the datum post is the time the Mining Lease is deemed to be applied for. 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 (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 74 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:
  • a mining proposal or mineralisation report or resource report (that the Director General will make available to the public) that shall set out:
    • when mining is likely to commence;
    • the most likely method of mining; and
    • the location and area of land required by the mining operation;

The Warden or Mining Registrar may request such information as required except for evidence of assay results.

  • The mineralisation report must be done by a qualified person (member of Australasian Institute of Mining and Metallurgy or Australian Institute of Geoscientists) and list types of minerals, location, depth and extent of the minerals and analytical results.

  • The resource report means a report that details the resourcelocation and details of the resource that is JORC compliant and made to the ASX.

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 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 the DMP and an affidavit stating that the notice had been served on the relevant parties.

This link shows the path of a mining lease through native title Approval Flowchart Mining Lease Application