Question On Notice No. 27 asked in the Legislative Council on 25 May 2017 by Hon Robin Chapple
Question Directed to the: Minister for Regional Development representing the Minister for Mines and Petroleum
Parliament: 40 Session: 1
Question
I refer to all mining lease applications within Western Australia and the guidelines for applicants to supply the necessary requested information, and ask:
(a) can the Minister please explain why, under the Mining Act 1978, the Department of Mines and Petroleum (DMP) insists when a mining lease is lodged, that at the same time, or within 14 days, a statement and mineralization report is also required to be lodged for assessment;
(b) if no to (a), why not;
(c) can the Minister please explain why the DMP insists that when a mining lease is lodged, that a mining proposal is also required to be lodged for assessment; and
(d) if no to (c), why not?
Answered on 29 June 2017
(a) Section 74(1)(ca) of the Mining Act 1978 provides that an application for a mining lease shall be accompanied by -
(i) a mining proposal; or
(ii) a statement in accordance with subsection (1a) and a mineralisation report prepared by a qualified person; or
(iii) a statement in accordance with subsection (1a) and a resource report.
Where an application for a mining lease is supported by a mining proposal, instead of accompanying the application, Regulation 25AA of the Mining Regulations 1981 provides that the mining proposal may be lodged within 14 days from the date of application of the mining lease.
The purpose of the legislation is to ensure the bone fides of the application.
(b) Not applicable
(c) Pursuant to Section 74(1)(ca) of the Mining Act 1978, the Department of Mines and Petroleum requires a mining proposal to be lodged if an application for a mining lease is not supported by either a mineralisation report or a resource report. If a mining proposal is not submitted to support a mining lease application, the mining tenement holder is required under the Mining Act 1978 to submit a mining proposal prior to undertaking mining on the granted mining lease.
(d) Not applicable