Introduction of lodgement fee for Mining Act objections
On Monday 16 September 2024, the Mining Amendment Regulations (No. 4) 2024 (WA) (Regulations) will commence. The Regulations will amend the Mining Regulations 1981 (WA) by mandating a prescribed fee for lodgement of a Mining Act objection, aiming to reduce the number of objections lodged and the volume of matters before the Warden whilst also improving the timely processing to grant of tenement applications.
Currently, any person can object to the grant of applications for mining tenure, applications for exemption from expenditure requirements, applications for restoration of a tenement following forfeiture and to the results of a survey, for no fee.
The Regulations address several of the concerns raised in the Consultation Paper “Fee for Objections under the Mining Act 1978” published by the Department of Energy, Mines, Industry Regulation and Safety in September 2023.
The Regulations will introduce a tiered fee structure for the lodgement of a notice of objection, in the amount of:
- AUD430 for a general notice of objection;
- AUD100 for eligible individuals;
- no fee for a registered native title body corporate; and
- no fee for a proprietor of freehold land.
An ‘eligible individual’ includes an individual who holds a Centrelink card, a card issued by the Department of Veterans’ Affairs of the Commonwealth (certifying entitlement to Commonwealth health concessions), an individual who receives a youth training or an AUSTUDY allowance, is in receipt of benefits under the ABSTUDY Scheme or has been granted legal aid under the Legal Aid Commission Act 1976 (WA) or legal aid scheme or service established under a Commonwealth, State or Territory law.
What this means for you?
There is an orthodox approach to lodge an objection every time there is a tenement application affecting an objector’s interests.
Particularly in light of the introduction of the proposed fee, we encourage persons seeking to lodge a Mining Act objection to pause and think if you really need to object, what you are trying to achieve and whether the issue can be addressed in an alternative way.
Aside from lodging a Mining Act objection, you may seek to:
- negotiate a land access agreement to ensure some certainty on specific issues;
- rely on the protections built into the Mining Act 1978 (WA) (eg the protection of rights of existing tenement holders under section 117 or relying on the ability for pastoralists to withhold consent under section 20(5) which prevents the conduct of mining within a prescribed distance of certain improvements); or
- seek compensation under the Mining Act 1978 (WA) for impacts to your underlying land interests (as applicable).
If you would like to discuss how the proposed changes to the Mining Regulations 1981 (WA) may impact your operations in Western Australia, please contact our team.
