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MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) (MINERAL INDUSTRIES) INTERIM REGULATIONS 2018 (SR NO 78 OF 2018) - SCHEDULE 3

Schedule 3—Information required in application for prospecting licence

Regulation 14

    1.     The name and address of the applicant/s (if the applicant is a company, the registered address of the company).

    2.     A contact name, telephone number, email address and postal address.

    3.     If the applicant is a company—

        (a)     a list of the directors of the company; and

        (b)     a copy of the certificate of registration of the company.

    4.     Area of land applied for (in hectares) (see note 1).

    5.     An attached map of 1:25 000 scale indicating the land applied for. The map must clearly show—

        (a)     any boundaries of private and Crown land; and

        (b)     the extent of land used as agricultural land.

    6.     Where required, a survey of the boundaries of land applied for.

    7.     The names and addresses of the owner/occupier of any private land covered by the application.

    8.     If the application includes Crown land, indicate which of the following options will be utilised to comply with the  Native Title Act 1993 of the Commonwealth or the Traditional Owner Settlement Act 2010 (where applicable and if required)—

        (a)     excision of all Crown land as advised by the Department;

        (b)     compliance with the right to negotiate provisions of the Native Title Act 1993 of the Commonwealth;

        (c)     the entering into of an indigenous land use agreement under the Native Title Act 1993 of the Commonwealth;

        (d)     compliance with a relevant land use activity agreement under the Traditional Owner Settlement Act 2010 .

    9.     If the application includes land that is covered by an exploration licence or that is the subject of an application for an exploration licence, indicate which of the following is the case—

        (a)     the applicant is the holder of, or the applicant for, the exploration licence;

        (b)     a letter of consent to the application from the holder of, or the applicant for, the exploration licence is attached to the application;

        (c)     the exploration licence was first registered more than 2 years before the application was lodged and the written consent of the holder of this exploration licence to the granting of the prospecting licence is unable to be obtained by the applicant so a request for waiver of the need for consent is attached to the application.

    10.     If the application includes land that is covered by a retention licence or that is the subject of an application for a retention licence, indicate which of the following is the case—

        (a)     the applicant is the holder of, or the applicant for, the retention licence;

        (b)     a letter of consent to the application from the holder of, or the applicant for, the retention licence is attached to the application.

    11.     The term required (in years) (see note 5).

    12.     The estimated annual expenditure for the first 2 years of the licence and the estimated total expenditure for the term of the licence.

    13.     Evidence of financial capability to fund the estimated expenditure to undertake the proposed program of work (refer item 16).

    14.     Details of the applicant's experience in exploration or mining activities.

    15.     For the purpose of showing that the applicant is a fit and proper person—

        (a)     if the Minister has taken action under section 83 of the Act to rehabilitate land because the applicant or an associate of the applicant has not complied with Part 7 of the Act, provide details regarding—

              (i)     the circumstances which led to the taking of that Ministerial action; and

              (ii)     when those circumstances arose; and

        (b)     if a licence held by the applicant or an associate of the applicant has been cancelled, provide details regarding—

              (i)     the circumstances which led to that cancellation; and

              (ii)     when those circumstances arose; and

        (c)     if the applicant or an associate of the applicant has been convicted of an offence against the Act, provide details regarding—

              (i)     the nature of the offence; and

              (ii)     when the offence was committed; and

              (iii)     the penalty imposed; and

        (d)     if the applicant or an associate of the applicant has been convicted of an offence involving fraud or dishonesty, provide details regarding—

              (i)     the nature of the offence; and

              (ii)     when the offence was committed; and

              (iii)     the penalty imposed; and

        (e)     provide an indication of whether the applicant or an associate of the applicant is an insolvent under administration.

    16.     Details of the proposed program of work including—

        (a)     a map of the location of the proposed works in relation to the boundaries of the land included in the application; and

        (b)     a brief description of the proposed type of works.

    17.     Signature of the applicant/s (see notes 6 and 7).

    18.     Date of application.

Notes

1     The maximum area of land that can be covered by a prospecting licence is 5 hectares (see further section 14B(4) of the Act).

2     See section 4(1) of the Act for the definition of agricultural land .

3     An application for a prospecting licence under section 15(1) of the Act must specify the mineral or minerals to which the licence will relate (see further section 15(1BA) of the Act).

4     See section 16(4) of the Act for the definition of associate .

5     The maximum term that can be granted by the Minister for a prospecting licence is 5 years. A prospecting licence is not renewable (see further section 14B(3) of the Act).

6     Applications made by a company must be signed by a company director or company secretary or alternatively by a person who provides written evidence that he or she is authorised to act on behalf of the company with respect to the application.

7     If an application is made and submitted by a person acting on behalf of another party, the applicant must provide written evidence that he or she is authorised to act on behalf of that other party with respect to the application.

8     The Department will advise the applicant on addressing any native title requirements.



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