❓ The WA government's policy requires mining tenement holders to pay rent even when access to Aboriginal Reserves is denied, citing the Mining Act 1978. Recent policy changes aim to improve outcomes through agreements with Native Title Representative Bodies.
AnsweredQoN 1844Legislative Council
QuestionView source ↗
What is the Government’s policy in respect to the payment of rent on mining tenements located within an Aboriginal Reserve where access is denied to the lease holder by the Aboriginal community?
AnswerView source ↗
Answered
5 May 2004
Responded by
Parliamentary Secretary representing the Minister for State Development
Response time
36 days
The Mining Act 1978 places an obligation on each holder of a granted mining tenement to pay the annual rent prescribed for that tenement by the due date, failing which the tenement becomes liable for forfeiture for non-payment of rent. This obligation to pay rent is considered to be fair and reasonable in return for a party being granted a mining tenement over a defined area of land for the purpose of exploring/mining for minerals to the exclusion of all other parties wishing to access that land for that purpose, albeit that on-ground access may be delayed where an Aboriginal Reserve is affected. The previous State Government shared this view. Consistent with this, the Mining Act 1978 contains no provision under which the obligation to pay rent in respect of a granted mining tenement can be “waived” in any circumstance, including an instance where on-ground access to an Aboriginal Reserve is delayed while a mining tenement holder negotiates the terms of the requisite Reserve Entry Permit with the relevant Aboriginal community. I am informed that the mining industry accepts its obligation to pay rent in such a circumstance, and has long recognised that a delay in obtaining approval to enter an Aboriginal Reserve is a possible consequence of an applicant’s decision to apply for a mining tenement within such a reserve. Recent changes to State Government policy relating to native title that are now being progressively implemented should in the future result in a different outcome for mining tenement holders in the circumstance described by the Hon Member. Standard Heritage Protection Agreements have been negotiated by the State and mining industry peak groups with most Native Title Representative Bodies (NTRB’s) which represent native title claimants within Western Australia. Applicants for new mining tenements are now being encouraged to reach agreement with the relevant NTRB and, where appropriate, conduct an Aboriginal heritage survey in advance of ground disturbing activities. In the process of reaching such agreement all matters relating to ground access, including the issue of Reserve Entry Permits, will be resolved at an early stage.
This obligation to pay rent is considered to be fair and reasonable in return for a party being granted a mining tenement over a defined area of land for the purpose of exploring/mining for minerals to the exclusion of all other parties wishing to access that land for that purpose, albeit that on-ground access may be delayed where an Aboriginal Reserve is affected. The previous State Government shared this view. Consistent with this, the Mining Act 1978 contains no provision under which the obligation to pay rent in respect of a granted mining tenement can be “waived” in any circumstance, including an instance where on-ground access to an Aboriginal Reserve is delayed while a mining tenement holder negotiates the terms of the requisite Reserve Entry Permit with the relevant Aboriginal community. I am informed that the mining industry accepts its obligation to pay rent in such a circumstance, and has long recognised that a delay in obtaining approval to enter an Aboriginal Reserve is a possible consequence of an applicant’s decision to apply for a mining tenement within such a reserve. Recent changes to State Government policy relating to native title that are now being progressively implemented should in the future result in a different outcome for mining tenement holders in the circumstance described by the Hon Member. Standard Heritage Protection Agreements have been negotiated by the State and mining industry peak groups with most Native Title Representative Bodies (NTRB’s) which represent native title claimants within Western Australia. Applicants for new mining tenements are now being encouraged to reach agreement with the relevant NTRB and, where appropriate, conduct an Aboriginal heritage survey in advance of ground disturbing activities. In the process of reaching such agreement all matters relating to ground access, including the issue of Reserve Entry Permits, will be resolved at an early stage.
Consistent with this, the Mining Act 1978 contains no provision under which the obligation to pay rent in respect of a granted mining tenement can be “waived” in any circumstance, including an instance where on-ground access to an Aboriginal Reserve is delayed while a mining tenement holder negotiates the terms of the requisite Reserve Entry Permit with the relevant Aboriginal community. I am informed that the mining industry accepts its obligation to pay rent in such a circumstance, and has long recognised that a delay in obtaining approval to enter an Aboriginal Reserve is a possible consequence of an applicant’s decision to apply for a mining tenement within such a reserve. Recent changes to State Government policy relating to native title that are now being progressively implemented should in the future result in a different outcome for mining tenement holders in the circumstance described by the Hon Member. Standard Heritage Protection Agreements have been negotiated by the State and mining industry peak groups with most Native Title Representative Bodies (NTRB’s) which represent native title claimants within Western Australia. Applicants for new mining tenements are now being encouraged to reach agreement with the relevant NTRB and, where appropriate, conduct an Aboriginal heritage survey in advance of ground disturbing activities. In the process of reaching such agreement all matters relating to ground access, including the issue of Reserve Entry Permits, will be resolved at an early stage.
I am informed that the mining industry accepts its obligation to pay rent in such a circumstance, and has long recognised that a delay in obtaining approval to enter an Aboriginal Reserve is a possible consequence of an applicant’s decision to apply for a mining tenement within such a reserve. Recent changes to State Government policy relating to native title that are now being progressively implemented should in the future result in a different outcome for mining tenement holders in the circumstance described by the Hon Member. Standard Heritage Protection Agreements have been negotiated by the State and mining industry peak groups with most Native Title Representative Bodies (NTRB’s) which represent native title claimants within Western Australia. Applicants for new mining tenements are now being encouraged to reach agreement with the relevant NTRB and, where appropriate, conduct an Aboriginal heritage survey in advance of ground disturbing activities. In the process of reaching such agreement all matters relating to ground access, including the issue of Reserve Entry Permits, will be resolved at an early stage.
Recent changes to State Government policy relating to native title that are now being progressively implemented should in the future result in a different outcome for mining tenement holders in the circumstance described by the Hon Member. Standard Heritage Protection Agreements have been negotiated by the State and mining industry peak groups with most Native Title Representative Bodies (NTRB’s) which represent native title claimants within Western Australia. Applicants for new mining tenements are now being encouraged to reach agreement with the relevant NTRB and, where appropriate, conduct an Aboriginal heritage survey in advance of ground disturbing activities. In the process of reaching such agreement all matters relating to ground access, including the issue of Reserve Entry Permits, will be resolved at an early stage.
Applicants for new mining tenements are now being encouraged to reach agreement with the relevant NTRB and, where appropriate, conduct an Aboriginal heritage survey in advance of ground disturbing activities. In the process of reaching such agreement all matters relating to ground access, including the issue of Reserve Entry Permits, will be resolved at an early stage.
This obligation to pay rent is considered to be fair and reasonable in return for a party being granted a mining tenement over a defined area of land for the purpose of exploring/mining for minerals to the exclusion of all other parties wishing to access that land for that purpose, albeit that on-ground access may be delayed where an Aboriginal Reserve is affected. The previous State Government shared this view. Consistent with this, the Mining Act 1978 contains no provision under which the obligation to pay rent in respect of a granted mining tenement can be “waived” in any circumstance, including an instance where on-ground access to an Aboriginal Reserve is delayed while a mining tenement holder negotiates the terms of the requisite Reserve Entry Permit with the relevant Aboriginal community. I am informed that the mining industry accepts its obligation to pay rent in such a circumstance, and has long recognised that a delay in obtaining approval to enter an Aboriginal Reserve is a possible consequence of an applicant’s decision to apply for a mining tenement within such a reserve. Recent changes to State Government policy relating to native title that are now being progressively implemented should in the future result in a different outcome for mining tenement holders in the circumstance described by the Hon Member. Standard Heritage Protection Agreements have been negotiated by the State and mining industry peak groups with most Native Title Representative Bodies (NTRB’s) which represent native title claimants within Western Australia. Applicants for new mining tenements are now being encouraged to reach agreement with the relevant NTRB and, where appropriate, conduct an Aboriginal heritage survey in advance of ground disturbing activities. In the process of reaching such agreement all matters relating to ground access, including the issue of Reserve Entry Permits, will be resolved at an early stage.
Consistent with this, the Mining Act 1978 contains no provision under which the obligation to pay rent in respect of a granted mining tenement can be “waived” in any circumstance, including an instance where on-ground access to an Aboriginal Reserve is delayed while a mining tenement holder negotiates the terms of the requisite Reserve Entry Permit with the relevant Aboriginal community. I am informed that the mining industry accepts its obligation to pay rent in such a circumstance, and has long recognised that a delay in obtaining approval to enter an Aboriginal Reserve is a possible consequence of an applicant’s decision to apply for a mining tenement within such a reserve. Recent changes to State Government policy relating to native title that are now being progressively implemented should in the future result in a different outcome for mining tenement holders in the circumstance described by the Hon Member. Standard Heritage Protection Agreements have been negotiated by the State and mining industry peak groups with most Native Title Representative Bodies (NTRB’s) which represent native title claimants within Western Australia. Applicants for new mining tenements are now being encouraged to reach agreement with the relevant NTRB and, where appropriate, conduct an Aboriginal heritage survey in advance of ground disturbing activities. In the process of reaching such agreement all matters relating to ground access, including the issue of Reserve Entry Permits, will be resolved at an early stage.
I am informed that the mining industry accepts its obligation to pay rent in such a circumstance, and has long recognised that a delay in obtaining approval to enter an Aboriginal Reserve is a possible consequence of an applicant’s decision to apply for a mining tenement within such a reserve. Recent changes to State Government policy relating to native title that are now being progressively implemented should in the future result in a different outcome for mining tenement holders in the circumstance described by the Hon Member. Standard Heritage Protection Agreements have been negotiated by the State and mining industry peak groups with most Native Title Representative Bodies (NTRB’s) which represent native title claimants within Western Australia. Applicants for new mining tenements are now being encouraged to reach agreement with the relevant NTRB and, where appropriate, conduct an Aboriginal heritage survey in advance of ground disturbing activities. In the process of reaching such agreement all matters relating to ground access, including the issue of Reserve Entry Permits, will be resolved at an early stage.
Recent changes to State Government policy relating to native title that are now being progressively implemented should in the future result in a different outcome for mining tenement holders in the circumstance described by the Hon Member. Standard Heritage Protection Agreements have been negotiated by the State and mining industry peak groups with most Native Title Representative Bodies (NTRB’s) which represent native title claimants within Western Australia. Applicants for new mining tenements are now being encouraged to reach agreement with the relevant NTRB and, where appropriate, conduct an Aboriginal heritage survey in advance of ground disturbing activities. In the process of reaching such agreement all matters relating to ground access, including the issue of Reserve Entry Permits, will be resolved at an early stage.
Applicants for new mining tenements are now being encouraged to reach agreement with the relevant NTRB and, where appropriate, conduct an Aboriginal heritage survey in advance of ground disturbing activities. In the process of reaching such agreement all matters relating to ground access, including the issue of Reserve Entry Permits, will be resolved at an early stage.
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