Step 6. Appeals, Objections and outcomes for Wardens Court and tenement applications – Prospecting Licence

Objections to Mining Tenement applications

An objection can be lodged at any of the department’s Mining Registrar offices, or electronically using  Mineral Titles Online within 35 days of the application being made using a Form 16.

However, if the objection is by a private land holder then the objection can be lodged within 21 days of the day on which the person was served with a copy of notice given by the applicant - section 33(1), Regulation 146.

Find out more about Private Land.

An extension of time to lodge an objection can be requested from the Warden.

A copy of the objection must be served by the objector on the applicant of the mining tenement  within 14 days of the objection being lodged. Regulation 148.

Service is to be made by ordinary (pre-paid post) or personal service as outlined in Regulation 150AA and 150AB.

An affidavit of service, in the form Form 35 must then be lodged with the department by the person who served the objection. Regulation 150.

Determination of objection and mining tenement applications

An objection will generally be heard before a Warden in open court, unless  the Warden decides to determine it in chambers.

In respect to applications for prospecting licences and miscellaneous licences affected by objections, the Warden may grant or refuse the application after the objection is determined. However, if the Warden decides to grant the application, this cannot happen until  all other matters in relation to the application, including Native Title Act clearance, have been finalised.

In respect to an application for a special prospecting licence for gold that has an objection by the primary tenement holder, the Warden may after hearing the objection -

  • refuse the application; or
  • recommend to the Minister that the application be granted.

After all other matters have been finalised including Native Title Act clearance, the Minister may grant or refuse the application irrespective of the Warden’s decision

Costs

Costs may be awarded by the Warden. See Regulation 165

Determination of mining tenement applications without objections

If no objections are lodged to an application for a mining tenement, the following applies:

  • For  prospecting licences, miscellaneous licences and special prospecting licences for gold applications, the Mining Registrar may grant or refuse the application.

Appeal to the Minister for Mines and Petroleum to the Warden or Mining Registrar’s decision

An applicant to a mining tenement can appeal  to the Minister, the Warden or Mining Registrar’s decision in respect to the refusal of an application for prospecting licences, miscellaneous licences or special prospecting licences for gold or any condition of grant imposed.

This appeal shall be in the form of a written submission and lodged within 14 days of the grant or refusal by the Mining Registrar or Warden -  Section 56(1), 56A(5), 70(5) or 94(3) and Regulation 91.

The Minister may obtain information in writing from any party to the matter and from other sources as the Minister sees fit to assist in determining the appeal.

Refusal or withdrawal of applications

An applicant may discontinue an application for a mining tenement by lodging at any of the department’s Mining Registrar offices or electronically using Mineral Title’s Online (MTO) a withdrawal Form 22.

If the application has an objection by the owner or occupier of affected private land,  then the application cannot be withdrawn until the Warden gives leave to withdraw the application -  Regulation 69 .  The Warden may award costs.

When an application is refused or withdrawn, the rent paid on application will be refunded. This money is usually refunded within one month of the application being  withdrawn or refused.