It is an offence under the Mining Act 1978 (the Act) to carry out mining and exploration on any land without authorisation. A penalty of $150,000 (plus $15,000 per day if the offence is a continuing one) for individuals or $300,000 (plus $30,000 per day) for body corporates apply.
It is also an offence to use firearms on a pastoral lease. The Land Administration Act 1997 under Offences on Crown land, section 267 (2)(h) states: ‘A person who, without either the permission of the Minister or reasonable excuse – discharges any firearm or other weapon on Crown land, commits an offence and is liable to a penalty of $10,000 and, in the case of an offence of a continuing nature, to a daily penalty of $200’.
Penalties also apply under the Firearms Act 1973 for carrying firearms across or using firearms on pastoral leases without pastoralist consent.
Taking a dog on to pastoral leases is also restricted unless pastoralist consent has been obtained. Under Common Law, pastoralists have the right to quiet enjoyment of their land. Dogs could have an adverse impact on their business function with livestock.
You must take all necessary steps to prevent fire damage to trees and other property. You cannot burn off to clear land for prospecting. There are significant penalties under the Bush Fires Act 1954 for wilfully lighting fires that cause damage or injury.
For further clarification of general rights to prospect and protection of certain Crown land refer to sections 20 and 40D of the Act.
If written approval is not obtained from the pastoralist the prospector is in breach and can be subject to fines under the Act or for compensation to the pastoralist for loss of use or damage to the land. Compensation is to be agreed between the parties or can be determined by the Mining Warden.
The Department of Energy, Mines, Industry Regulation and Safety (the Department) investigates allegations of unauthorised mining activity and reports can be made by contacting the Investigation Services Branch – Compliance Section.
The Compliance Section responds to all allegations of offences committed under the Mining Act 1978 and Mining Regulations 1981 and provides support for environmental issues, breaches of tenement conditions and investigation of offences committed against other departmental legislation.
Unauthorised Mining Activity
Many reports received by the branch relate to allegations of unlawful mining activity. This includes activities such as (but not limited to):
- Mining outside approved tenements
- Prospecting on tenements without approval; and
- Prospecting for crown land without a Miner's Right.
Incident reporting
Mine Safety and Dangerous Goods Queries
- Email minessafety@demirs.wa.gov.au or dgsb@demirs.wa.gov.au for general queries or complaints relating to mine safety or dangerous goods. Do not contact the Investigations Services Branch.
Reporting Suspected Unauthorised Activity
- To report suspected unauthorised activity, contact Investigation Services Branch – Compliance Section by email: ieb@demirs.wa.gov.au
- To respond effectively to complaints, it is essential to report the incident promptly (within a few hours or days of the incident occurring or being detected), and to include as many details as requested below.
Details to Include When Reporting Unlawful Activity:
- Precise location of the activity (specific GPS coordinates are preferred, or a sufficiently detailed description of the location)
- Photographs (JPG, BMP or PNG) or videos (MPG, WMV, MOV, MP4, AVI) of the activity
- Time and date the activity occurred or at least a time and date range in which the activity occurred
- Details of any vehicles sighted including vehicle number plates
- Details of any persons sighted or spoken to at the time of the incident, including their names and contact details
- Specific tenement numbers if applicable; and,
- Your name and contact details (so ISB can clarify any details relating to the complaint).
- Note: Your name and details will not be released and will always remain confidential. However, it may be necessary for you to give evidence in court if charges have been laid and if you have witnessed the activity taking place.
