Division 1 of Part VI of the Mining Act 1992 applies to every tenement. This is the process from lodgement to title document.
Before lodging
- Mark out the ground under section 96 — corner posts at least 1.2 m above the surface, boundaries cleared or marked. Required for every tenement except an exploration licence.
- Prepare the schedule and sketch map in latitude and longitude, or a survey under section 97.
- Prepare the programme (exploration licence, s 24) or the proposals (ss 35, 42, 52, 70, 85).
- Assemble the statutory declarations — marking out; and, for an alluvial mining lease, that the applicant is an owner of the land.
- Check availability — whether the land is subject to another tenement, or reserved under section 7 or under another Act (s 8).
Sections 98 and 99 — lodging
An application for the grant shall be lodged with the Registrar at his office in the National Capital District, by the applicant in person or by his agent.
An application for an extension may be lodged in person, by an agent, or by mail.
An extension application lodged less than 90 days before expiry attracts a late fee equal and additional to the prescribed fee.
Section 100 — priority, and the ballot
Where two or more applications are made over the same land or part of it, the applicant who first lodges has priority to have his application considered and determined.
Where the Registrar is satisfied that two or more applicants were present in his office at the same time for the purpose of lodging, then notwithstanding the order of receipt, priority shall be determined by ballot conducted by the Registrar in the presence of the applicants — and only among applications that meet the section 101 requirements.
An applicant who loses the ballot keeps priority over everyone else, and their application is considered where the prior application is refused, or over land not included in the tenement granted (s 100(4)).
Where applications are made by persons associated with each other, only one may go into the ballot; if they do not choose, the Registrar selects the one he first received.
And where the Registrar later ascertains that a successful balloted applicant was an associated person of another applicant in the same ballot, he shall refuse the application — or, if a tenement has already been granted, cancel the grant.
Sections 101 to 103 — the preliminary examination
(a) that a substantial portion of the land is available for that type of tenement to that applicant;
(b) that the application is on the prescribed form and complete;
(c) that it has been lodged in triplicate and signed;
(d) that the documents required to accompany it have been lodged; and
(e) that the application fee and any late fee have been included.
Where the Registrar is not satisfied on all those matters, he shall not accept nor register the application, and shall immediately return all documents to the applicant or agent.
There is no opportunity to supplement later. Because the examination happens in the applicant’s presence at the counter, and because priority turns on lodgement, an incomplete application can lose the ground.
Where the requirements are met, section 103 requires the Registrar to accept and register the application (s 103(a)) and to send copies to the relevant officers for report (s 103(b)) — or, where the land is reserved under section 7, to defer dealing with it. Section 103A allows the Company to require further information.
Section 105 — the objection and hearing timetable
(a) confer with the Chief Warden;
(b) fix a date — not less than 30 days after registration — as the date before which objections may be made;
(c) fix dates and places for the hearing — no earlier than seven days and no later than 14 days after the objection date;
(d) endorse those dates and places on the application; and
(e) notify the applicant in writing.
| Step | Time |
|---|---|
| Registrar fixes dates | Within 7 days of registration |
| Objections close | At least 30 days after registration |
| Warden’s hearing | 7 to 14 days after objections close |
| Warden’s report to the Council | Within 14 days after the hearing — s 109 |
| Rent and security after grant | Within 30 days — s 111(1)(b), (c) |
Section 106 — how the application is publicised
(a) send a copy to the provincial government or governments of the province where the land is;
(b) publish a copy in the National Gazette;
(c) for an alluvial mining lease, lease for mining purposes or mining easement where the applicant is not the tenement holder — send a copy to the holder of a tenement on which the application may encroach;
(d) send or deliver a copy to each District Office and Sub-District Office nearest the area;
(e) advertise a copy in a newspaper published in and circulating throughout the country; and
(f) keep a copy continuously posted at the headquarters of the Authority until the application is determined.
Paragraph (d) is the most useful for people in the area: a copy goes to the nearest District and Sub-District Offices. Paragraph (e) requires newspaper advertising, and paragraph (b) the National Gazette.
If you have seen pegs on your land, ask at the District Office and check the Gazette. See how to object.
Sections 111 and 112 — on grant, and on extension
(a) advise the applicant of the Minister’s decision;
(b) require the prescribed rent within 30 days;
(c) on a grant, require the prescribed security within 30 days under section 150; and
(d) publish notice of the grant or extension in the National Gazette.
Failure to pay the rent or lodge the security allows the Minister to cancel the grant or extension (s 111(2)). Where the applicant complies, the Registrar issues a title document on the prescribed form (s 111(3)).
Where the holder applies for an extension before expiry, the tenement continues in force over the land covered by the application until the application is determined; and the extended term is deemed to have commenced on the day after the tenement would otherwise have expired.
Sources
- Mining Act 1992 — ss 7, 8, 24, 35, 42, 52, 70, 85, 96–112, 150; Part VI Division 1
- Environment Act 2000 — ss 46–50
- Mining (Safety) Act (Chapter 195A)
Before relying on anything here, read the current text of the Mining Act 1992 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.