Form 5 Operation Report guidance

Each year, mining tenure holders are required to lodge an Operation Report (Form 5) within 60 days of your tenement’s anniversary date and within 60 days of the cessation of your tenement (surrender, expiry or forfeiture).

A Form 5 can be lodged online using Mineral Titles Online (MTO) or you can fill in a paper form and lodge over the counter at a Department of Energy, Mines, Industry Regulation and Safety office. If you need more time to lodge your Form 5 you can apply for an extension via MTO. Failure to lodge the Form 5 by the due date will result in forfeiture action being taken against your tenement. This may result in a penalty in lieu of forfeiture or the forfeit of your tenement.

When lodging the Form 5 using MTO, the system will automatically fill in the tenement information and provide the expenditure calculations. Tenement holders will need to fill in either Attachment 1 or 2 with tenement activities.

The requirements for the Form 5 can be found under regulation 96C – Specific expenditure provisions and Schedule 1 – Form 5 of the Mining Regulations 1981 (WA). The requirements for the specific type of tenement you hold are as follows:

Tenement type                   Mining Act 1978 (WA)               Mining Regulations 1981 (WA)

Prospecting Licences               Section 51                                   r.15, r.16

Exploration Licence                Section 68(3)                                r.21, r.22

Retention Licence                 Section 70H(1)(f)                              r.23E

Mining Lease                         Section 82(1)(e)                             r.31, r.32

The department has developed guidance to assist mining tenure holders through this process.