Step 2. Marking out a tenement - Mining Lease

All tenements apart from exploration licences, retention licences, miscellaneous licences and prescribed land prospecting licences must be marked out on the ground.

Marking out procedure

The standard marking out procedure is:

  • fixing a post firmly in the ground or as close as practicable to each corner or angle of the land concerned, which projects at least one metre above the ground
  • cutting two clearly identifiable trenches or placing two rows of stones at least one metre long from each post in the general direction of the boundary lines
  • fixing firmly to one of the posts as the datum post, the notice of marking out in the Form No. 20

Where the land adjoins other land that the same person is seeking or holds a mining tenement, common posts and trenches or rows of stones may be used for the marking out of each parcel of land. Regulation 59

Where, due to the nature of the ground it is not possible to firmly fix posts, stones may be used to support the posts. Regulation 60

Land covered by water

Where the whole or part of the area is covered by sea or waters of any lake, pond, river or stream it shall not be necessary to mark out the area or part of the area so covered. Section 107.

Marking out surveyed land

If the ground applied for is identical to any surveyed land, it is only necessary to place a datum post in one of the corners and attach the Form 20 Regulation 61. No row of stones or trenches are required when a tenement corner post is adjacent to any survey mark.

Land covered by water

Where the whole or part of the area is covered by sea or waters of any lake, pond, river or stream it shall not be necessary to mark out the area or part of the area so covered. Section 107.

Shape of tenements

Other than Miscellaneous Licences, Retention Licences and Exploration Licences, a mining tenement shall be rectangular in shape. Existing mining tenement boundaries or natural and geological features may make it necessary or desirable to vary the shape. Each boundary shall be straight and where possible at right angles to an adjacent boundary or parallel to an opposite boundary. Regulation 92

Restrictions when marking out certain reserved land

National parks, class ‘A’ nature reserves and any class ‘A’ reserves within the South West Land Division, Esperance and Ravensthorpe Municipal Districts.

The Mining Act 1978 provides that consent of the Minister for Mines and Petroleum is required prior to marking out in these reserves. Section 26(2)(a)

State forests or timber reserves

May be marked out or applied for only in accordance with the conditions and restrictions prescribed pursuant to section 128(1)(h) of the Conservation and Land Management Act 1984 (i.e. approval must be obtained from the regional Department of Parks and Wildlife officer prior to marking out). - Section 26(2)(b)

Aboriginal reserves

An entry permit must be obtained from the Department of Indigenous Affairs.

Commonwealth land

Ministerial consent is required prior marking out or prospecting Commonwealth land. Section 25A & 26(4)

Private land

A Permit to Enter is required to mark out a mining tenement on private land. Find out more about Private Land Provisions.

Hints for identifying ground when marking out

To assist in clearly identifying ground marked out it is suggested that:

  • When attaching the Form No. 20 on the chosen datum post, place it within a weatherproof plastic cover on the southern side of the post to aid longevity from the northern sun. Additionally, the use of upturned tin cans or pvc piping with one capped end attached to the datum post are further suggested methods for weather proofing. This precaution will greatly assist in identification at a later stage by other applicants and surveyors.
  • Standard posts are used and a standard combination of flagging is placed on each post.

Find out more about marking out and applying for a mining tenement.