Section 107 of the Mining Act 1992 gives the widest right of objection in the Act.
Section 107(1) — any person may object
Any person may object to the grant or extension of the term of a tenement by lodging with the Registrar a written objection before the date fixed by the Registrar under section 105(2)(b).
“Any person” — not only the landholder, and not only someone with a legal interest. A neighbour, a downstream community, a church, a provincial authority, a business or a non-government organisation may all object.
The right applies to an extension as well as a grant. That matters: an exploration licence comes up for extension every two years, and under section 28(1)(b) an extension depends on the holder having paid compensation as required by this Act — on which the Council relies on the advice of the Chief Warden.
Section 105 — the deadline
Within seven days of accepting and registering the application, the Registrar shall confer with the Chief Warden and then:
(b) fix a date — not less than 30 days after the date of registration — 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.
Section 105(2)(d) requires the objection date and the hearing dates and places to be endorsed on the application — and under section 106 copies of the application go to the provincial government, the National Gazette, the nearest District and Sub-District Offices, a national newspaper, and are continuously posted at the headquarters of the Authority.
So the deadline is discoverable from any of those copies. Ask at the District Office and read the endorsement.
How to lodge an effective objection
- In writing, lodged with the Registrar, before the fixed date. Keep proof of lodgement.
- Identify yourself and your interest — your land, its location relative to the application, and your customary or registered interest. Standing is not required, but the Warden must under section 108(2)(a) satisfy himself that those at the hearing are persons affected by the applicant’s programme or proposals.
- State the grounds concretely — gardens, water sources, burial grounds and sacred sites, access tracks, fishing and hunting areas, houses and plantings, downstream effects.
- Address the programme or proposals, which are what the Council must consider under section 110(3).
- Say what you want — refusal, or a grant subject to particular conditions, or a smaller area. Section 110(4) allows the Council to recommend grant, recommend refusal, or defer and require the applicant to amend the application or provide revised programmes or proposals.
- Attach evidence — photographs with dates, sketch maps, GPS points, tree and garden counts.
- Say you wish to be heard at the Warden’s hearing, and give contact details.
Section 107(2) — what the Registrar does
(a) give a copy to the applicant;
(b) give a copy to the Executive Officer of the Council; and
(c) keep a copy continuously posted at the headquarters of the Authority until the application is determined.
The objection then goes into the decision-making chain: the Warden’s hearing under section 108, the Warden’s report within 14 days under section 109, and the Council’s consideration under section 110(2)(b), which requires it to consider objections received under section 107.
The separate objections of existing tenement holders
Section 107 is the general right. The Act gives existing holders their own, narrower rights where a new tenement is proposed over their ground:
| New tenement | Notice | Objection | Notice of Council meeting |
|---|---|---|---|
| Alluvial mining lease | s 61 | s 62 | s 63 |
| Lease for mining purposes | s 77 | s 78 | s 79 |
| Mining easement | s 93 | s 94 | s 95 |
Section 110(2)(a) requires the Council to consider objections received under sections 62(1), 78(1) and 94(1) as well as those under section 107. And under sections 63, 79 and 95 an objector under those provisions shall be given notice of the meeting of the Council that considers the objection — a right the general section 107 objector does not have in terms.
Other avenues, in parallel
- Compensation. Objecting does not settle compensation. That is agreed under section 156 or determined by a Warden under section 157 — and under section 155 there is no entry until it is settled.
- Provincial government. A copy of the application goes to it under section 106(a), and any report it submits must be considered by the Council under section 110(1). Before a mining lease is granted the Minister must consult it (s 3(3)).
- Development forum. For a special mining lease, a forum must be convened before grant, with landholders invited.
- Environment. The environmental impact assessment process under the Environment Act 2000 has its own public review and submissions, and is a separate and often more powerful avenue.
They run on different timetables, before different decision-makers, and on different criteria. An objection under section 107 addresses the tenement; a submission on the impact statement addresses the environmental and social effects; the compensation process addresses what you are paid. Missing one does not preserve the others.
Get advice early — the Public Solicitor, or a firm from the law firms directory.
Sources
- Mining Act 1992 — ss 3, 28, 61–63, 77–79, 93–95, 105–110, 155–157
- Environment Act 2000 — ss 50–59
- Constitution — s 59
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.