Mining for privately owned minerals

Introduction

Before you can mine or explore for minerals prescribed under the regulations to the Mining Act 1992, you must hold a mining lease, a mineral claim or an exploration licence.

An exception to this rule is where the owner of privately owned minerals may in certain circumstances, mine or prospect for those minerals by virtue of that ownership, or permit someone else to mine or prospect for those minerals.

This information is designed to outline as simply as possible the procedures involved in notifying the Director General, Department of Mineral Resources of your intention to mine or prospect for privately owned mineral, and what is necessary before such mining or prospecting may commence.

However, if you propose to mine or prospect for privately owned minerals, you are strongly advised to read the relevant sections of the Mining Act, 1992 and Regulations, in conjunction with this information. The relevant sections of the Act and Regulations are referred to throughout the brochure.

How do I find out if the minerals in land are privately owned?

Mineral ownership is determined by a process of a search of the land title at the Land Titles Office, and interpretation of the information gained from the search. If you do not wish to determine mineral ownership yourself, the Department of Primary Industries will for a fee, conduct a search and determine the mineral ownership for you. Enquiries regarding a mineral ownership search, including the fees involved to provide this service should be directed to the Royalty Branch of the Department.

What if the land is affected by a current mining or exploration title? [Sections 6 and 7]

Mining or prospecting for privately owned mineral is not permitted on any land where some other person is the holder of a mining or exploration title. This also applies if the land is affected by a pending application for a mining or exploration title. You can find out if a title or application for title affects a particular piece of land, by inquiry at the Department of Primary Industries (Mineral Resources).

What information needs to be included in my notice to the Director General? [Sections 8(2) and 9 and Regulation 9(3)]

A notice of intention to mine privately owned minerals must contain the following particulars:-

a) the minerals proposed to be mined or explored for (note that mining and prospecting for privately owned coal may only be carried out under a mining or exploration title)

b) a description of the land on which you propose to carry out your operations. This must be provided in the form of:-

    i) a plan, drawn in accordance with the statutory surveying requirements, or

    ii) a standard map that clearly indicates the area to which the notice relates.(by means of distinctive colouring or edging and which includes bearings and distances of all sides and a connection by bearing and distance to a survey mark)

c) if you are not the owner of the mineral; the name and address of the owner of the mineral and the date on which you obtained consent from that person to carry out the proposed operations.

What obligations need to be complied with prior to operations ? [Section 8(1)(b) and (c) Regulation 9(1) and (2) And Schedule 3 of the Regulations]

Before mining operations may be commenced, a security deposit must be lodged with the Director General. This deposit will be held by the Department of Primary Industries (Mineral Resources) until operations, including rehabilitation of the land are complete. You will be informed of the amount of the security deposit and how it may be lodged.

It may be necessary for you to obtain development consent from the local Council. You may be required to produce an environmental impact study to accompany an application for a development consent. These are matters which you should discuss with the local Council. Once you have lodged the security deposit, and obtained development consent, you may commence operations, provided no mining or exploration titles, or applications for titles affect the area at that time. Mining and prospecting operations must be carried out in accordance with the conditions prescribed by Schedule 3 of the Regulations. These conditions provide for the protection of public and private interests, rehabilitation of the land, mining safety etc. You must also comply with the conditions of the development consent.

[Mines Inspection Act 1901 and General Rule 2000]

You must also be aware of and observe the provisions of the Mines Inspection Act 1901 and General Rule 2000 (179 kb PDF). You will be required to nominate a General Manager and a Production Manager. In addition, in accordance with Section 44 of the Mines Inspection Act, notice of commencement of mining must be given within 14 days of commencement and likewise for discontinuance or closure of mining operations.

Where can I obtain further information ?

The Department’s Titles Branch is available to assist you with any inquiries you may have with respect to mining and prospecting by virtue of private ownership of minerals.