Policy on exploration licence applications over existing titles
These policies are effective from 1 November 2003.
The Mining Act 1992 allows for exploration licence applications to be lodged over existing licences for the same group of minerals. However, there is no clear guide to the appropriate timing for such applications and determination is often dependent on the timing of administrative actions taken by the Department.
The following policy provides a clear time framework within which the exploration industry can operate:
- If an exploration licence application is lodged over an existing exploration licence (for the same group of minerals) the applicant must obtain consent from the holder and lodge it within 14 days of the date of the application.
- If a valid consent is not submitted within 14 days -
- -the application will normally be refused if wholly affected by the existing licence,
- -the area of the existing licence will normally be excluded, under Section 17 of the Mining Act 1992, from the application if the licence only partly affects the application. - However, if the existing licence or any part of it ceases to have effect within the 14 day period the requirement for consent for that area no longer exists and the application can proceed for the available area.
- If the applicant lodges a valid consent within the 14 day period the application can proceed for the whole area.