Documents required to be lodged before a mining tenement 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.

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 statement under Section 58 has been lodged if an exploration licence application.

The affidavit is lodged after all notices has been served. There are different affidavits of compliance for each tenement application type.

As required by Section 58 of the Mining Act 1978, a statement specifying the following needs to offer:

• the proposed method of exploration
• details of the proposed work program
• estimate of proposed expenditure on the licence
• applicant’s technical and financial resources.

A detailed explanation of the Department’s guidelines when assessing each accompanying statement is provided in the document Guidelines for Applicants – Section 58(1)(b) Statement to accompany applications for Exploration Licences.

Pursuant to section 74(1)(ca), an application for a mining lease shall be accompanied by:

•  a Mining Proposal within 14 days and completed in accordance with the Mining Proposal Guidelines published by the department (Tell me more about Mining Proposal Guidelines);
• a statement of mining operations and a mineralisation report that has been prepared by a qualified person; or
• a statement of mining operations and a resource report that complies with the JORC Code and that has been made to the Australian Securities Exchange Ltd (Tell me more about resource report).

A statement of mining operations shall set out information regarding the mining operation likely to be carried out including:

• when mining is likely to commence
• the most likely method of mining
• the location, and the area of the land that is likely to be required for the operation of the plant, machinery and equipment and for the other activities associated with those mining operations.

The JORC Code means the Australasian code for reporting of exploration results, mineral resources and ore reserves prepared by the joint ore reserves committee of the Australasian Institute of Mining and Metallergy, the Australian Institute of Geoscientists and the Minerals Council of Australia as in force from time to time.

An application for a general purpose lease shall be accompanied by:

• a Mining Proposal (within 14 days) Sec 74(1)(ca)(i) & 90(2), Reg 25AA
• a statement as required by Sec 74(1)(ca)(ii), 74A(1a) & 90(2).

The purposes as required by Regulation 42B must be stated on the Form 21. 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; and
• any operations to be carried out on the land – Regulation 37(3).

A statement detailing a proposed program of work and  expenditure under Section 70C(1)(e) is required.

A statutory declaration made by the applicant which needs to be lodged within 14 days of the application, stating:

• there is a  identified mineral resource
• mining of that resource is for the time being impracticable for various reasons identified in Section 70C(2.) – Section 70C(2A) & (2), Reg 23C.

Identify on the Form 21 if  application for prospecting licence is special (for gold). -  Section 56A, 70 or 85B.

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 statement under Section 58 has been lodged if an exploration licence application.

The affidavit is lodged after all notices has been served. There are different affidavits of compliance for each tenement application type.

• Affidavit - Prospecting Licence(Word)
• Affidavit - Prospecting Licence(PDF)
• Affidavit - Prospecting Licence (Late Service Shire)(Word)
• Affidavit - Prospecting Licence (Late Service Shire)(PDF)
• Affidavit - Prospecting Licence (Private Land)(Word)
• Affidavit - Prospecting Licence (Private Land)(PDF)
• Affidavit - Special Prospecting Licence(Word)
• Affidavit - Special Prospecting Licence(PDF)
• Affidavit - Standard(Word)
• Affidavit - Standard(PDF)
• Affidavit - Retention Licence(Word)
• Affidavit - Retention Licence(PDF)
• Affidavit - Standard(Word)
• Affidavit - Standard(PDF)

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’

Tell me more about ‘Native Title processing’