Mining Lease - Application (WA)
A mining lease must be marked out (s105(1) r24 r59). 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 (PDF) and lodged at the Office of the Mining Registrar; or lodged electronically via the DMIRS 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 s74 of the Act the application is to be accompanied by:
- written description of the tenement application (this is usually written on the Form 21 unless there is limited room then added as an attachment)
- a map of the tenement application on which the boundaries are clearly delineated;
- the application fee;
- first years rent:
- a mining proposal (can be lodge 14 days after the application r25AA)(see note below) 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;
NOTE the High Court said the mineralisation report and the mining proposal must be lodged at the same time as the application in Forrest & Forrest Pty Ltd v Wilson  HCA 30 and as of 5/9/2017 DMIRS is drafting legislation to all the 14 days.
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 location 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. (s118 and r64B);
- any miscellaneous holder underlying the tenement r64(6);
- if private land underlies the application pursuant to
- the clerk of the local shire;
- the owner and occupier (the person renting the land) r64A
- each mortgagee
Within 28 days of the application an affidavit is to be sent to DMIRS 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 (PDF)
A mining lease is required to be surveyed, but may be done after after grant s80