Documents required to be lodged before a miscellaneous licence may be granted
A Form 32 security in the sum of $5000 must be lodged in respect to all applications within 28 days of the application being made - Sec 126 and Reg 112.
A statement must be lodged within 35 days of application providing written details of:
- any works to be constructed in connection with the licence
- Proposed manner of construction of such works
- any operations to be carried out on the land – Regulation 37(3).
Affidavit of compliance
An applicant or agent for an application for a mining tenement must lodge an Affidavit of Compliance under oath to swear that the applicant/agent has complied with certain requirements of the Mining Act 1978.
In the affidavit of compliance it must be sworn that:
- details of all notices have been served
- the application complies with the relevant marking out provisions of the Mining Act 1978 and Regulations (if applicable)
- if private land has been marked out the permit to enter number issued is inserted
The affidavit is lodged after all notices has been served. There are different affidavits of compliance for each tenement application type.
General note- Miscellaneous Licence
Depending on the issues involved an application for a miscellaneous licence may be granted by the Mining Registrar, Warden or Minister, if they are satisfied that all matters have been finalised including any Form 16 objections and Native Title Act clearance.
Tell me more about ‘Objections, Wardens Court and determination of mining tenement application’ for a miscellaneous licence
Tell me more about ‘Native Title processing’