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 Exploration Licences, Mining Leases, General Purpose Leases and Retention Licences, the Warden will determine the objection and make a recommendation to the Minister for Mines and Petroleum for grant or refusal.
The Minister will then determine the application 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 recommendation.
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 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 applications for exploration licences, mining leases, general purpose leases and retention licences, the Mining Registrar will recommend to the Minister for Mines and Petroleum that the applications be granted or refused. The Minister may grant or refuse the application irrespective of the Mining Registrar’s recommendation.
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. Subject to Regulation 70E of the Mining Regulations 1981, the Application Fee is non-refundable.