Expiry and Extension Of Term (Renewal) (WA)
Under s61(2) of the Mining Act 1978, an Exploration Licence holder may apply to extend the term of the licence if the requirements of r23AB of the Mining Regulations 1981 are met. Under s61(3) the licence stays in force until the extension application is determined.
Pre 10 February 2006 exploration licences have a period of 5 years and can be then renewed for 1 or 2 years (twice) and in exceptional circumstances, further periods of one year. Post 10 February 2006 exploration licences have a period of 5 years and can be then renewed once for 5 years, thereafter for periods of 2 years. The link below will direct you to the Guidelines for the reasons under r23AB.
A prospecting licence applied for after 10 February 2006 may be renewed under s45(1a) for a period of 4 years if the grounds exist under r16A. If the licence has retention status for a further period of 4 years. Under mining amendments that came into force 2/2/2013, the holder of a prospecting licence that was applied for before 10 February 2006 and currently in force is able to apply for a renewal of a prospecting licence before the end of the term. The licence will remain alive until the extension application is determine: see s45(1c). The link below will direct you to the Guidelines for the reasons under r16A.
Other Tenure's Terms
A mining lease has a period of 21 years and can be renewed for further periods.
A miscellaneous licence has a period of 5 years and can be renewed for a further periods of 5 years.
A general purpose lease has a period of 21 years and can be renewed for further periods.
A retention licence has a period of 5 years and can be renewed for periods of 5 years.
A renewal application can be made online at MTO Online Transactions or complete a 'Form 9 Application for extension of term/renewal of a mining tenement (PDF). A renewal application must be made in the last year of the term of the licence and Es and Ps needs to be accompanied by:
- 12 months rent;
- any reasons justifying the grounds for renewal; and
- the licence document if issued (licence documents ceased to be routinely issued in 2013 (approximate date)).
A retention licence renewal under s70E shall be accompanied by:
- 12 months rent;
- a report of of any exploration on the licence;
- proposed exploration and programme of work;
- instrument of licence; and
- a statutory declaration setting out the reasons the mineral resource was unable to be mined for the reasons set out in s70C(2). "(a) the identified mineral resource is uneconomic or subject to marketing problems although that resource may reasonably be expected to become economic or marketable in the future; or (b) the identified mineral resource is required to sustain the future operations of an existing or proposed mining operation; or (c) there are existing political, environmental or other difficulties in obtaining requisite approvals."
While an application for renewal is pending the tenement will remain in force until such time the renewal is granted or refused. DMIRS usually gives 30 days notice if the renewal is to be refused,
The various sections of the Mining Act and Regulations applicable to a renewals are:
- Prospecting Licence - s45 and r16B
- Exploration Licence - s61 and r23A
- Retention Licence - s70E and r23F
- Mining Lease - s78, and r29
- General Purpose Lease s88 and r36A
- Miscellaneous Licence -s91A, 91B and r42A