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Miscellaneous Licence - Application (WA)

Miscellaneous Licences (L) may be of any shape but the boundaries where practicable must be straight lines r38.

An L can be applied for over other mining tenements s94A though the parties with the overlapping tenements may require an Access Agreement to harmonise the relationship between the parties for the use of the land.

Ls are not required to be marked out; the requirement was removed by the Mining Amendment Act 2012.

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 the following morning.

Pursuant to s92 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 delineated s93;
  • the application fee;
  • the first years rent; and
  • 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 when making the application.

Within 14 days:

  • a copy of the application must be sent by registered post to the pastoralist. (s41(3) s118 and r64B);
  • any other tenement 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 (though an additional security may be requested) and an affidavit stating that the notice had been served on the relevant parties.

Details of any construction, the manner of construction and any operations on the licence must be provided to the registrar within 35 days of the application r37.