In accordance with the Mining Act 1978 (the Act) written consent from the Minister for Mines is required to mine on certain classes of land including townsites; Commonwealth land; foreshore, seabed and navigable waters; and certain Reserved land such as Aboriginal reserves, National Parks, and Marine Reserves.
Specific Restrictions also apply in respect of entry onto Commonwealth land and some categories of reserved land, with permission from relevant government agencies required to enter and/or mark out land. Requirements for marking out an application for a mining tenement on reserved land are specified at section 26(2) of the Act.
Specific restrictions include:
- National parks, class ‘A’ nature reserves and any other class ‘A’ reserves within the South West Land Division, Esperance and Ravensthorpe Municipal Districts. The Act provides that Ministerial consent is required prior to mining or marking out in these reserves.
- 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 Biodiversity, Conservation and Attractions officer prior to marking out).
- Aboriginal reserves. An entry permit must be obtained from the Department of Planning, Lands and Heritage for entry onto or through those Aboriginal Lands Trust reserves that are subject to Part III of the Aboriginal Affairs Planning Authority Act 1972. For more information visit Apply for a permit to access or travel through Aboriginal land
- Commonwealth land. The Act provides that Ministerial consent is required prior to mining or marking out Commonwealth land.
Reserved Land and Mining Tenements
In instances where part of an application for a mining tenement involves reserved land, title may be granted with a ‘no mining condition’ in respect of the reserve. This restrictive condition applies to all exploration, development and mining activities and prior written consent from the Minister for Mines must be obtained before any mining activities are undertaken.
Note: ‘Commonwealth land’ means land in respect of which the Commonwealth has a freehold or leasehold interest; or land that is otherwise vested in or held by an officer or person on behalf of the Commonwealth.
Ministerial Consent Process and Timeframes
The Department of Energy, Mines, Industry Regulation and Safety (the Department) reviews applications to access reserves and determines, based on the Act, whether Ministerial consent is required.
This consent can only be given after consultation with the responsible Minister and the vested authority. In the case of national parks and class ‘A’ conservation reserves and state forests in the South West, marine nature reserves and marine parks, the responsible Minister must give concurrence.
S24-26A of the Act details which agencies need to be consulted and adequate time should be allowed for referral of these requests to the responsible Ministers.
Timeframes will depend upon the type of reserve land affected, the degree of justification expected, and relevant constraints faced by the responsible Ministers.
