Overview
If you are an explorer or prospector who intends to undertake ground disturbing activities with mechanised equipment on a mining tenement, 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 the sufficient information being supplied on lodgement to assess the application.
You can check the progress of your application online via the DEMIRS lodgement and approval tracking system the 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.
Before you apply
DEMIRS will not accept your application unless the relevant tenure for the area of the PoW application is in place. If your tenement intersects private land, access consent must be granted before you submit your application (termed ‘surface rights’).
Stages of application
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 the DEMIRS will need more information later on, thus avoiding delays.
There are two ways to submit a PoW application:
- Online
The PoW online 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, for a streamlined application and assessment process.
- Hardcopy form
Alternatively, if you are undertaking prospecting type activities, you can lodge an application for a Programme of Work Prospection (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, online submission of PoWs will be via the Resources Online Portal. For the period of 21 November to 26 November, proponents will be unable to submit PoW applications online.
Hardcopy PoW-P applications can be submitted over the counter at any DEMIRS 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 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.
Relevant documents
Procedure - Environmental Applications Administrative Procedures
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 (WA), DEMIRS will parallel process a PoW application. In accordance with the Memorandum of Understanding (MOU), DEMIRS may liaise with EPA Services of DWER to determine whether the PoW will be implementing the proposal. If the PoW will implement the proposal, DEMIRS cannot make a decision on an application until either the Minister for Environment sends notification that decision-making authorities may exercise their decision-making powers, the Environmental Protection Authority (EPA) decides not to assess the proposal, or unless the decision is in relation to minor or preliminary work consented to by the EPA.
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.
In circumstances where you are planning to undertake exploration within reserves managed for conservation purposes by the Department of Biodiversity, Conservation and Attractions, you may be required to develop a Conservation Management Plan. In these circumstances, you should contact DBCA directly to discuss your plans.
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 and applied to your tenement.
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.