All tenements apart from exploration licences, retention licences, miscellaneous licences and prescribed land prospecting licences must be marked out on the ground.
The standard marking out procedure is:
- fixing a post firmly in the ground or as close as practicable to each corner or angle of the land concerned, which projects at least one metre above the ground
- cutting two clearly identifiable trenches or placing two rows of stones at least one metre long from each post in the general direction of the boundary lines
- fixing firmly to one of the posts as the datum post, the notice of marking out in the Form No. 20
- Where the land adjoins other land that the same person is seeking or holds a mining tenement, common posts and trenches or rows of stones may be used for the marking out of each parcel of land. Regulation 59
- Where, due to the nature of the ground it is not possible to firmly fix posts, stones may be used to support the posts. Regulation 60
Marking out surveyed land
- If the ground applied for is identical to any surveyed land, it is only necessary to place a datum post in one of the corners and attach the Form 20 Regulation 61. No row of stones or trenches are required when a tenement corner post is adjacent to any survey mark.
Land covered by water
- Where the whole or part of the area is covered by sea or waters of any lake, pond, river or stream, it is not necessary to mark out the area or part of the covered area. Section 107.
Shape of tenements
- Other than Miscellaneous Licences, Retention Licences and Exploration Licences, a mining tenement shall be rectangular in shape. Existing mining tenement boundaries or natural and geological features may make it necessary or desirable to vary the shape. Each boundary shall be straight and where possible at right angles to an adjacent boundary or parallel to an opposite boundary. Regulation 92.
Further information is provided below:
- Miscellaneous Licences may be of any shape but the boundaries where practicable must be straight lines. Regulations 37 & 38.
- Exploration Licences comprise graticular blocks. Learn more about the ‘Exploration Licences graticular boundary system’.
Restrictions when marking out certain reserved land
- National parks, class ‘A’ nature reserves and any class ‘A’ reserves within the South West Land Division, Esperance and Ravensthorpe Municipal Districts - the Mining Act 1978 provides that consent of the Minister for Mines and Petroleum is required prior to marking out in these reserves. Section 26(2)(a)
- State forests or timber reserves - may be marked out or applied for only in accordance with the conditions and restrictions prescribed pursuant to section 128(1)(h) of the Conservation and Land Management Act 1984 (i.e. approval must be obtained from the regional Department of Parks and Wildlife officer prior to marking out). - Section 26(2)(b)
- Aboriginal reserves - an entry permit must be obtained from the Department of Planning, Lands and Heritage.
- Commonwealth land - Ministerial consent is required prior marking out or prospecting Commonwealth land. Section 25A & 26(4)
- Private land - A Permit to Enter is required to mark out a mining tenement on private land. Find out more about Private Land Provisions.
Hints for identifying ground when marking out
- To assist in clearly identifying ground marked out it is suggested that:
- When attaching the Form No. 20 on the chosen datum post, place it within a weatherproof plastic cover on the southern side of the post to minimise exposure from the northern sun. Additionally, the use of upturned tin cans or pvc piping with one capped end attached to the datum post are further suggested methods for weather proofing. These precautions will greatly assist in identification at a later stage by other applicants and surveyors.
- Standard posts are used, and a standard combination of flagging is placed on each post.
