Overview
If you are an explorer or prospector who intends to undertake ground disturbing activities with mechanised equipment, the Mining Act 1978 requires you to lodge a Programme of Work (PoW) application.
Timeline
The Department of Energy, Mines, Industry Regulation and Safety (DEMIRS) has a target timeframe of completing 80% of assessments within 15 business days.
All targets are subject to sufficient information being supplied on lodgement to assess the application.
You can check the progress of your application online via the Environmental Assessment and Regulatory System (EARS Online) until 21 November 2024. From 26 November 2024, PoWs will be lodged and tracked via the Resources Online Portal. For the period of 21 November to 26 November, proponents will be unable to submit PoW applications online.
Before you apply
The Mining Act 1978 requires that a Programme of Work (PoW) is lodged in the prescribed manner and approved by the Minister (or a delegate) prior to an explorer or prospector conducting any ground disturbing activities with mechanised equipment.
Applying for a PoW via Resources Online enables the delivery of application-specific feedback to you based on the activities and types of land your application intersects. This will allow you to refine and optimise your application before submission.
Prior to submitting your application, please ensure the following prerequisites are in place, and include all necessary supporting information:
- The relevant tenure for PoW application area is in place.
- All aspects of the proposal are consistent with the legislated purpose of the granted tenement and permitted on the relevant tenement.
- Authorisation has been granted by all tenement holders to submit or carry out the proposed activities.
- Where the tenement intersects with private land, surface rights and, if applicable, mineral rights have been granted. This process is initiated via the DEMIRS’ Mineral Titles Online (MTO) system.
- If the tenement is located within an Indigenous Land Use Agreement (ILUA) area and required by tenement condition, a statutory declaration must be provided as evidence that the licensee has entered into a Heritage Agreement with the relevant ILUA parties. This process is initiated via the DEMIRS’ Mineral Titles Online (MTO) system.
Please refer to the Environmental Applications Administrative Procedures and Programme of Work Guidance for more guidance and information on the requirements and assessment process.
Your approval journey
The stages outlined below will help you with your exploration and prospecting approval journey.
Prepare
Show moreYou should review the relevant documents below to help you prepare your application.
If you collect enough information and begin detailed program design at this point, this will help you identify environmental risks and impacts early in the process. It could also help to reduce the likelihood that DEMIRS will need more information later on, thus avoiding delays.
There are two ways to submit a PoW application:
- Online
The PoW Spatial lodgement system allows you to digitise or upload your activities directly into the system and provides site-specific feedback if you intersect any land of interest. The lodgement questions are also tailored to your activities and the types of land your application intersects. You can then adjust and optimise your application before submission, hopefully resulting in a streamlined application and assessment process.
- Hardcopy form
Alternatively, if you are undertaking prospecting activities, you can lodge an application for a PoW-P using an application form.
Relevant documents
Lodge and validate
Show moreYou can lodge your PoW Online application through the DEMIRS Environmental Assessment and Regulatory System (EARS) until 21 November 2024. From 26 November 2024, PoWs will be lodged and tracked via the Resources Online Portal. For the period of 21 November to 26 November, proponents will be unable to submit PoW applications online.
You can submit your PoW-P application over the counter at any DMIRS office, or electronically through DEMIRS Departmental Submissions.
Relevant documents
Read this guide to find out more about submitting your applications and reports electronically.
Assessment
Show moreDEMIRS will first allocate your application to an environmental officer for assessment. The officer may need to do the following:
- Request further information
You may be asked for further information or to clarify some content. If so, the officer will write to the designated contact on the application. These requests are a ‘stop-the-clock' event.
- Make referrals and requests for advice to other agencies. The officer may need to do this when:
- they require expert information to inform their assessment
- there is a trigger that invokes a memorandum of understanding (MOU) or administrative agreement (AA) with another agency (see the relevant MOUs and AAs on the DEMIRS website)
The officer will apply ‘stop the clock’ where appropriate.
Planning for approvals
Parallel processing can help reduce a proposal’s overall approval timeline. DEMIRS and the Department of Water and Environmental Regulation (DWER) are committed to parallel processing of environmental applications where multiple approvals are required.
If your proposal is being assessed under Part IV of the Environmental Protection Act 1986, DEMIRS will parallel process a PoW application. DEMIRS cannot decide on an application until either the Minister for Environment sends notification that decision-making authorities may exercise their decision-making powers, or the Environmental Protection Authority (EPA) decides not to assess the proposal.
DEMIRS will also parallel process applications but withhold its decision where:
- the tenement conditions require consultation and agreement with any other agency
- the area overlaps an Aboriginal heritage site and the applicant has not begun consultation with the Department of Planning, Lands and Heritage
- the Minister must consent to entry to reserves or other restricted lands.
Approvals from DWER under the Rights in Water and Irrigation Act 1914 will be needed for camp or drilling water supply.
Where mineralisation may occur in confined or artesian aquifers, DWER will recommend that DEMIRS includes conditions on bore design and driller classification.
Relevant documents
Website links
Decision
Show moreDEMIRS will notify you about its decision in writing.
If approved, your letter will include any conditions you must adhere to.
If your application is refused, your letter will state the reasons for the decision.
Post decision
Show moreWhen you receive your approval letter, you can proceed. You must meet any conditions stated in the letter.
You must rehabilitate the land within six months of completing the ground disturbance activities, or after an approved extension. You should submit a rehabilitation report to DEMIRS when you have finished.
Relevant documents
