Mining. No, not the explosive type, but the other where excavation of the Earth takes place in search of minerals for extraction. But, before you get out there prospecting, you have to be aware of the laws, acts and rights which exist.

Impact

As many of you may well know, Mining is a very relevant industry for the Western Australian economy, with the most economically significant mining exports being iron ore, gold, nickel and alumina. In terms of area, mining takes up only a small area of the State’s land. Nonetheless, because of the nature of the activity and the processes used, mining can have a dramatic impact on the environment. Let’s take a look at some of these laws from the Mining Act to the mining tenement.

The Mining Act

The Mining Act 1978 (WA) (“the Mining Act”) is the main statute governing mining in Western Australia. The Mining Act relates to mineral exploration and mining operations. “Mining operations” as defined under the Act include the extraction of ores, removal of overburden, and processes such as crushing, leaching and evaporating which are necessary to extract minerals from the ground.

Prospecting Licences

A prospecting licence authorises a person to enter land to prospect for minerals and to perform activities as needed for that purpose, such as drilling bores, digging trenches and pits, taking samples for testing and taking water. A prospecting licence can cover a maximum area of 200 hectares. The prospecting licence’s duration is four years, with a further four-year extension in certain cases.

Exploration Licences

An exploration licence, like a prospecting licence, allows a person to enter land and to carry out exploration activities. Exploration activities can include extraction of a relatively small quantity of material for the sake of testing the quality of the resource. The central difference between a prospecting licence and an exploration licence is that an exploration licence can apply to a very large area (up to 21,700 ha) and is made up of predetermined graticular blocks

Retention Licences

Someone who has a prospecting licence or exploration licence can apply to modify that licence to a retention licence, if there is a known mineral deposit on the land but it is not yet possible to start any mining. This in effect gives the licence holder extra time in which to assess the resource, establish plans, secure finance, or wait for a better time in economic conditions.

Mining on Private Land

Before a mining tenement can be applied for, it must be ‘marked out’ by the miner. A miner must gain the consent of the landlord or occupier, or a permit from the Mining Warden before that person can enter private land for the goal of marking out a mining tenement. Should you be seeking expert and professional assistance in this area, check out mining tenement with Austwide for the services in W. Australia.  The permit will commonly be subject to a condition necessitating the permit holder to offer some compensation for damage to the landlord. A mining tenement cannot be granted over the following private land without the owner’s consent (unless the tenement is restricted to land more than 30m below the surface).

So, there you have it, a number of the some of the more important laws concerning mining in W. Australia. Hope that helps and may your prospects be good!