❓ This WA parliamentary question concerns the requirements for marking out mining leases and exploration licences, and the notification and consent processes for landowners. The answer clarifies the different obligations for exploration licences versus mining leases, and the rights of landowners.
AnsweredQoN 1796Legislative Council
QuestionView source ↗
(b) a mining lease, tenement boundary?
tenement boundary?
tenement boundary?
AnswerView source ↗
Answered
4 May 2004
Responded by
Parliamentary Secretary representing the Minister for State Development
Response time
54 days
(1) (a) An exploration licence is not required to be marked out. Application is made by way of description on a graticular block basis. (b) The marking out requirements for a mining lease are for a post to be placed at each corner with directional trenches or rows of stones extending for not less than 1 metre from the post. Where previously surveyed land is applied for, a single post in one corner only is required. A notice of marking out is required to be placed on a post, which then becomes the datum post. (2) Exploration licence applicants are required to notify the following land-holders dependant on the type of land affected: (i) pastoral lease holders; (ii) private landowners and occupiers, unless sub-surface rights (below 30 m from the natural surface) only are sought, in which case there is no requirement to notify the owner/occupier at the time of application. (3) The landowner and the occupier of private land is/are required to give written consent to the grant of an exploration licence where surface access rights are included in the title and to have reached agreement on compensation. These actions authorise access to the land to conduct mineral exploration.
(a) An exploration licence is not required to be marked out. Application is made by way of description on a graticular block basis. (b) The marking out requirements for a mining lease are for a post to be placed at each corner with directional trenches or rows of stones extending for not less than 1 metre from the post. Where previously surveyed land is applied for, a single post in one corner only is required. A notice of marking out is required to be placed on a post, which then becomes the datum post. (2) Exploration licence applicants are required to notify the following land-holders dependant on the type of land affected: (i) pastoral lease holders; (ii) private landowners and occupiers, unless sub-surface rights (below 30 m from the natural surface) only are sought, in which case there is no requirement to notify the owner/occupier at the time of application. (3) The landowner and the occupier of private land is/are required to give written consent to the grant of an exploration licence where surface access rights are included in the title and to have reached agreement on compensation. These actions authorise access to the land to conduct mineral exploration.
(b) The marking out requirements for a mining lease are for a post to be placed at each corner with directional trenches or rows of stones extending for not less than 1 metre from the post. Where previously surveyed land is applied for, a single post in one corner only is required. A notice of marking out is required to be placed on a post, which then becomes the datum post. (2) Exploration licence applicants are required to notify the following land-holders dependant on the type of land affected: (i) pastoral lease holders; (ii) private landowners and occupiers, unless sub-surface rights (below 30 m from the natural surface) only are sought, in which case there is no requirement to notify the owner/occupier at the time of application. (3) The landowner and the occupier of private land is/are required to give written consent to the grant of an exploration licence where surface access rights are included in the title and to have reached agreement on compensation. These actions authorise access to the land to conduct mineral exploration.
(2) Exploration licence applicants are required to notify the following land-holders dependant on the type of land affected: (i) pastoral lease holders; (ii) private landowners and occupiers, unless sub-surface rights (below 30 m from the natural surface) only are sought, in which case there is no requirement to notify the owner/occupier at the time of application. (3) The landowner and the occupier of private land is/are required to give written consent to the grant of an exploration licence where surface access rights are included in the title and to have reached agreement on compensation. These actions authorise access to the land to conduct mineral exploration.
(i) pastoral lease holders; (ii) private landowners and occupiers, unless sub-surface rights (below 30 m from the natural surface) only are sought, in which case there is no requirement to notify the owner/occupier at the time of application. (3) The landowner and the occupier of private land is/are required to give written consent to the grant of an exploration licence where surface access rights are included in the title and to have reached agreement on compensation. These actions authorise access to the land to conduct mineral exploration.
(ii) private landowners and occupiers, unless sub-surface rights (below 30 m from the natural surface) only are sought, in which case there is no requirement to notify the owner/occupier at the time of application. (3) The landowner and the occupier of private land is/are required to give written consent to the grant of an exploration licence where surface access rights are included in the title and to have reached agreement on compensation. These actions authorise access to the land to conduct mineral exploration.
(3) The landowner and the occupier of private land is/are required to give written consent to the grant of an exploration licence where surface access rights are included in the title and to have reached agreement on compensation. These actions authorise access to the land to conduct mineral exploration.
(a) An exploration licence is not required to be marked out. Application is made by way of description on a graticular block basis. (b) The marking out requirements for a mining lease are for a post to be placed at each corner with directional trenches or rows of stones extending for not less than 1 metre from the post. Where previously surveyed land is applied for, a single post in one corner only is required. A notice of marking out is required to be placed on a post, which then becomes the datum post. (2) Exploration licence applicants are required to notify the following land-holders dependant on the type of land affected: (i) pastoral lease holders; (ii) private landowners and occupiers, unless sub-surface rights (below 30 m from the natural surface) only are sought, in which case there is no requirement to notify the owner/occupier at the time of application. (3) The landowner and the occupier of private land is/are required to give written consent to the grant of an exploration licence where surface access rights are included in the title and to have reached agreement on compensation. These actions authorise access to the land to conduct mineral exploration.
(b) The marking out requirements for a mining lease are for a post to be placed at each corner with directional trenches or rows of stones extending for not less than 1 metre from the post. Where previously surveyed land is applied for, a single post in one corner only is required. A notice of marking out is required to be placed on a post, which then becomes the datum post. (2) Exploration licence applicants are required to notify the following land-holders dependant on the type of land affected: (i) pastoral lease holders; (ii) private landowners and occupiers, unless sub-surface rights (below 30 m from the natural surface) only are sought, in which case there is no requirement to notify the owner/occupier at the time of application. (3) The landowner and the occupier of private land is/are required to give written consent to the grant of an exploration licence where surface access rights are included in the title and to have reached agreement on compensation. These actions authorise access to the land to conduct mineral exploration.
(2) Exploration licence applicants are required to notify the following land-holders dependant on the type of land affected: (i) pastoral lease holders; (ii) private landowners and occupiers, unless sub-surface rights (below 30 m from the natural surface) only are sought, in which case there is no requirement to notify the owner/occupier at the time of application. (3) The landowner and the occupier of private land is/are required to give written consent to the grant of an exploration licence where surface access rights are included in the title and to have reached agreement on compensation. These actions authorise access to the land to conduct mineral exploration.
(i) pastoral lease holders; (ii) private landowners and occupiers, unless sub-surface rights (below 30 m from the natural surface) only are sought, in which case there is no requirement to notify the owner/occupier at the time of application. (3) The landowner and the occupier of private land is/are required to give written consent to the grant of an exploration licence where surface access rights are included in the title and to have reached agreement on compensation. These actions authorise access to the land to conduct mineral exploration.
(ii) private landowners and occupiers, unless sub-surface rights (below 30 m from the natural surface) only are sought, in which case there is no requirement to notify the owner/occupier at the time of application. (3) The landowner and the occupier of private land is/are required to give written consent to the grant of an exploration licence where surface access rights are included in the title and to have reached agreement on compensation. These actions authorise access to the land to conduct mineral exploration.
(3) The landowner and the occupier of private land is/are required to give written consent to the grant of an exploration licence where surface access rights are included in the title and to have reached agreement on compensation. These actions authorise access to the land to conduct mineral exploration.
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.
Explore more
Government Gazette
Appointments, regulatory notices, planning changes.
Hansard
Debates, questions, speeches and sentiment.
Tabled Papers
Reports and documents tabled in Parliament.
Committees
Committee profiles and recent reports.
Regulations
Subsidiary legislation with filters and summaries.
Bills
Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.