Section 45(1a) of the Mining Act 1978 allows the holder of a granted prospecting licence, which was applied for on or after 10 February 2006, to apply to extend beyond its initial four-year term.
This is based on whether the prescribed ground exists under Regulation 16A of the Mining Regulations 1981.
An extension of term of a prospecting licence application must be lodged at a department’s office during the final year of the term of the licence. This is to be submitted in Form 9
Section 45(1c) and keeps the licence in force until the extension application is determined.
Granted prospecting licences applied for prior to 10 February 2006 have a fixed term of four years. This term cannot be extended. Prospecting licences applied for and granted after 10 February 2006 have an initial period of four years and can then be extended by one period of four years. If the licence has retention status, it can be extended by a further period or periods of four years. The holder has to provide detailed information to support the application.
Prescribed grounds for extension
An extension of term can be granted where the Minister for Mines and Petroleum is satisfied a prescribed ground exists, and each of the following is a ground for extension under Regulation 16A for the purposes of section 45(1a):
- prospecting, or the marking out and application for a mining lease, or general-purpose lease, in relation to the land the subject of the licence, could not be undertaken because of difficulties or delays:
- occasioned by law
- arising from administrative, political, environmental or other requirements of governmental or other authorities, in the State or elsewhere; or
- arising from a requirement to conduct an Aboriginal heritage survey on the land; or
- obtaining requisite consents or approvals for prospecting or for the marking out of a mining lease or general-purpose lease in relation to any part of the land; or
- in gaining access to the land because of climatic conditions,
- the Minister considers that the land noted as the licence’s subject was unworkable for the whole or a considerable part of the term’s duration;
- work already carried out under the licence justifies further prospecting; or
- if the prospecting licence has retention status, the grounds for approval of retention status under section 54 of the Mining Act continue to exist.
The Information in Support of the Extension of Term of a Prospecting Licence form should be completed and should accompany your application for an extension of term.
Further notes
If the reasons provided do not justify an extension of the term, or if the information is insufficient to make a determination, the holder will be notified in writing and provided an opportunity to lodge a submission. After 35 days from the date of this notification, the application for the extension will be submitted for determination. If the holder transfers the licence after applying for an extension of term, then the application continues in the name of the transferee.
