Western Australian Current Acts

MINING ACT 1978 - SECT 74

74 .         Application for mining lease

        (1)         An application for a mining lease —

            (a)         shall be in the prescribed form; and

            (b)         shall be accompanied by the amount of the prescribed rent for the first year of the term of the lease or portion thereof as prescribed; and

            (c)         shall be accompanied by the prescribed application fee; and

            (ca)         shall be accompanied by —

                  (i)         a mining proposal; or

                  (ii)         a statement in accordance with subsection (1a) and a mineralisation report prepared by a qualified person; or

                  (iii)         a statement in accordance with subsection (1a) and a resource report;

                and

            (d)         shall be lodged in the prescribed manner.

        (1AA)         Instead of accompanying an application for a mining lease under subsection (1)(ca), a mining proposal may be lodged within the prescribed time and in the prescribed manner and, if so lodged, is to be treated for the purposes of this Division as a mining proposal that accompanied the application for the mining lease under section 74(1)(ca).

        (1a)         The statement referred to in subsection (1)(ca)(ii) and (iii) shall set out information about the mining operations that are likely to be carried out in, on or under the land to which the application relates including information as to —

            (a)         when mining is likely to commence; and

            (b)         the most likely method of mining; and

            (c)         the location, and the area, of land that is likely to be required for the operation of plant, machinery and equipment and for other activities associated with those mining operations.

        (2)         The applicant shall at the request of the mining registrar or warden furnish such further information in relation to the application, or such evidence in support thereof, as the mining registrar or warden may require but the mining registrar or warden shall not require any information or evidence relating to assays or other results of any testing or sampling that the applicant may have carried out on the land the subject of his application.

        (3)         Within the prescribed period the applicant shall serve such notice of the application as may be prescribed on the owner and occupier of the land to which the application relates and on such other persons as may be prescribed.

        (4)         The application shall be made by reference to a written description of the area of the land in respect of which the lease is sought, and be accompanied by a map on which are clearly delineated the boundaries of that area.

        (5)         The Director General of Mines shall ensure that —

            (a)         any document referred to in subsection (1)(ca) that accompanies the application; and

            (b)         any document furnished by the applicant in response to a request under subsection (2),

                are made available for public inspection at reasonable times.

        (6)         The regulations may require a person to pay a fee specified in the regulations —

            (a)         for inspecting a document referred to in subsection (5); or

            (b)         for obtaining a copy of the document or any part of it.

        (7)         In this section —

        JORC Code means the Australasian Code for Reporting of Exploration Results, Mineral Resources and Ore Reserves prepared by the Joint Ore Reserves Committee of the Australasian Institute of Mining and Metallurgy, the Australian Institute of Geoscientists and the Minerals Council of Australia as in force from time to time;

        likely means reasonably likely having regard to the information available to the applicant when the application is made;

        mineralisation report means a report that sets out details of exploration results in respect of a deposit of minerals located in, on or under the land to which the application relates, including details of —

            (a)         the type of minerals located in, on or under that land; and

            (b)         the location, depth and extent of those minerals and the way in which that extent has been determined; and

            (c)         analytical results obtained from samples of those minerals;

        qualified person means a person who —

            (a)         is a member of a prescribed body; and

            (b)         complies with any requirement of the regulations as to relevant qualifications or experience;

        resource report means a report —

            (a)         that sets out details of the mineral resources located in, on or under the land to which the application relates; and

            (b)         that complies with the JORC Code; and

            (c)         that has been made to the Australian Securities Exchange Limited.

        [Section 74 amended: No. 100 of 1985 s. 50; No. 37 of 1993 s. 26 and 28(1); No. 58 of 1994 s. 28; No. 39 of 2004 s. 29; No. 12 of 2010 s. 31; No. 51 of 2012 s. 23.]