Requirement:
Part VII and Part VIII of the Mining Regulations – generally consistent with Magistrates Court Rules
Position:
Parties may use e-signature for letters.
Industry to provide an email address if they wish correspondence to occur electronically and e-signatures are acceptable unless a document has to be sworn or witnessed.
Requirement:
Administrative and Prescribed
Position:
An application for excess tonnage can be signed with an e-signature and lodged electronically.
Proof of authorisation (if required):
- tenement holder authorisation - letter of authorisation by tenement holder can have an e-signature.
- native title party authorisation - a copy of the native title agreement or letter of authorisation signed by the relevant parties (e-signature allowed).
The Instrument of Approval will be signed electronically and the holder/applicant will be notified of the outcome via Designated Tenement Contact (DTC) email address where one has been provided. Advice will be mailed to the registered address where no DTC has been provided.
Requirement:
Prescribed
Position:
Form 18 to be signed by the applicant or agent, an e-signature is acceptable.
The associated statutory declaration must have a ‘wet’ signature – however, as it is a prescribed period or time, the time for lodging this document may be extended under s162B if there are issues with having the document appropriately witnessed.
The Form 18 and statutory declaration can be lodged online.
Certificate of exemption applied for under COVID-19 reasons pursuant to regulation 55 must be accompanied by evidence clearly demonstrating how the holder’s ability to meet the expenditure conditions has been affected as a direct result of the effects of COVID-19 and/or the restrictions imposed by governments in response to the COVID-19 pandemic. An application for exemption pursuant to regulation 55 does not require a statutory declaration but must be signed by the applicant or agent (an e-signature is acceptable).
The Certificate of Exemption will be signed electronically and the holder/applicant will be notified of the outcome via DTC email address where one has been provided. Advice will be mailed to the registered address where no DTC has been provided.
Requirement:
Administrative Law
Position:
Industry may use e-signatures on letters and lodge them electronically.
DMIRS will continue to use regular methods of communication and will also send the document/notice to the DTC email address (if provided).
Requirement:
Administrative
(not required by law to be sent)
Position:
DMIRS sends rent notices as an extra service - these will be sent via electronic communication. If no email address is provided, they will be sent by regular communication practices.
Requirement:
Prescribed
Position:
Form 9 requires signature of holder or agent – an e-signature is acceptable.
Supporting information – no signature required (14 days lodgement – may be extended under s162B).
The Form 9 and supporting information can be lodged online.
DMIRS will notify the holder/applicant via DTC email address. Where there is no DTC, then advice will be mailed to the registered address.
Requirement:
Prescribed
Position:
Forms 12 and 14 require signature of holder and witness to signature. E-signatures not acceptable.
Surrender forms can be lodged online.
Notifications in respect to surrender will be sent as prescribed – e.g. notification of the registration of a surrender under section 26A or 65 must be sent by registered post to the caveator (regulation 76B).
Requirement:
Administrative
Position:
There is no prescribed form for varying conditions - an e-signature on a written submission is sufficient – can be lodged online.
Approval will be signed electronically and the holder/applicant will be notified via DTC email address. Where there is no DTC, then advice mailed to the registered address.
Requirement:
Administrative
Position:
Refunds can only be done via cheque at present but DMIRS is working on this issue.
Requirement:
Administrative
Position:
A rent receipt will be emailed if an email address is provided at time of payment.
Requirement:
Prescribed by the Commonwealth
Position:
The service requirements for the Federal Native Title Act 1993 are set by the Commonwealth and must be complied with. DMIRS will be emailing notification advice to DTCs and native title representatives, in addition to complying with the service requirements set by the Commonwealth.
Requirement:
Prescribed
Position:
Processing of section 40E permits has re-commenced as per Section 40E Mining Act 1978 permits prospect exploration licence land.
Please note that some Crown land has been removed from the operation of section 40E - as per Section 40F Mining Act 1978 removal crown land from operation section 40E.
A number of queries have been made in respect to Act of Grace payments where S40E permit holders have been unable to access the land due to COVID-19 coronavirus travel restrictions. The Department's Act of Grace Position Paper is available online.
The notification to the holder of the relevant exploration licence as required by regulation 4G will be via the DTC email (if provided) in addition to the normal postage.
Requirement:
Prescribed
Position:
DMIRS will correspond by email in relation to Ballot letters matters if an email address has been provided in addition to normal postage.
Requirement:
Prescribed
Position:
Requirement is for a written submission – an e-signature is acceptable – the application can be lodged online.
Requirement:
Prescribed
Position:
Form 32 - requires signature of the applicant or holder that must be witnessed. E-signature is not acceptable.
Requirement:
Prescribed
Position:
Form 35 - Sworn signature required with time and place - e-signature not acceptable.
The Affidavit must be properly signed and witnessed according to law. If the Affidavit is lodged online, the person lodging it electronically must either lodge a scanned electronic copy of the version with signatures on it or lodge an electronic version without signatures on it and ensure that at any place where a signature is required on the Affidavit that instead it states the name of the person whose signature it is. The person must also retain the signed paper version and lodge an undertaking that states they have possession of the signed paper version.
Requirement:
Prescribed
Position:
Form 16 - Signature of objector or agent required and e-signature is acceptable.
Can be lodged electronically.
Objection needs to be served to the applicant in accordance with r.146. Electronic service possible in accordance with r.150A.
Requirement:
Prescribed
Position:
Form 2 – Signature of applicant required – e-signature acceptable.
Form 2 can be lodged electronically.
Permit can be issued to applicant electronically, over and above the original signed permit being sent by ordinary post.
Permittee must serve Owner and Occupier to be served by registered post within 48 hours of entering land (section 31).
Requirement:
Prescribed
Position:
There are no specific prescribed requirements for the written submission – e-signature acceptable.
Submission can be lodged online.
Application must then be served in accordance with regulation 111 (no provision for electronic service without consent).
Requirement:
Prescribed
Position:
Regulation 30 – requirement to serve notice on the underlying tenement holder.
To be served in accordance with regulation 111 - (no provision for electronic service without consent).
Requirement:
Prescribed
Position:
Form 21 to be signed by applicant or agent – no witness requirement, e-signature acceptable.
Application can be lodged online.
Requirement:
Prescribed
Position:
Copies of application to be served on various parties.
To be served in accordance with regulation 111 (no provision for electronic service without consent).
Requirement:
Administrative
Position:
Affidavit of Compliance no longer required – Statement of Compliance sufficient unless there is an objection. Statement of Compliance may be signed with an e-signature and can be lodged online.
Template Statements of Compliance available here.
Requirement:
Prescribed
Position:
Form 15 - Mining Registrar instigated
Form 35A third party application for forfeiture – e-signature acceptable.
Forfeitures notices will be issued in accordance with regulations 49 and 50 (i.e. post etc)
For third party applications for forfeiture - service requirements are subject to Part VIII of regulations. Electronic notification is utilised if address details are provided by parties.
Requirement:
Prescribed
Position:
Form 24 requires signature of caveator or agent which must be witnessed - e-signature not acceptable.
Form 24 can be lodged online.
Notification to tenement holder is to be done via certified mail to the holder of the tenement – this must be done as prescribed [section 122A(4)]. A copy will also be sent to the DTC.
Caveator should protect their interest and ensure they check their mail.
Requirement:
Prescribed
Position:
Form 24A requires the signature of the caveator or agent and it must be witnessed – e-signature not acceptable.
Form 24A can be lodged online.
A copy of the withdrawal of the caveat will also be sent to the DTC.