Frequently Asked Questions
You need to check the relevant legislation in your State and Territory, as the rules are different in each jurisdiction.
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What is a mining tenement?
- A mining tenement provides a tenement holder with particular, limited rights and obligations over a parcel of land.
- The grant of mining tenements and the types of mining tenements that may be granted to a tenement holder are specified in the relevant state or territory legislation. Sometimes these may be amended by particular state or territory agreement acts.
- As an example in Western Australia the Mining Act 1978 administers mining exploration and development for all onshore areas and out to three nautical miles seaward of the state’s baseline in Western Australia.
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What types of mining tenements are there?
- The applicable state or territory legislation will provide for a range of different types of tenements.
- Under the Mining Act 1978 (WA) tenement holders may hold:
- prospecting licences;
- exploration licences;
- miscellaneous licences; and
- mining and general purpose licences.
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Are there any conditions associated with the grant of mining tenements?
- Yes. The grant of such tenements will be for a specified period of time and it will include specified conditions.
- Often other legislation may also apply. For example in Western Australia one condition relates to the tenement holder’s obligations under the Western Australian Aboriginal Heritage Act 1972 (WA).
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What is native title?
- Native title is a bundle of rights over and interests in a particular parcel of land. For further information see our Native Title topic.
- Typically native title claimants will lodge an application for recognition of particular land rights and interests. Once this happens they will have certain procedural rights under the Native Title Act 1993 (Cth).
- Native title rights and interests might include the right to:
- be present on the area by:
- accessing;
- traversing; and
- camping;
- hunting; and
- fishing;
- conduct ceremonies on the area; and
- use the water for personal, domestic and non-commercial communal purposes.
- Resource companies can often underestimate the requirements and timeframes involved to ensure native title compliance as these are very complex. Legal advice should be sought in the early stages of project planning. You can use our Phone a Lawyer service for a preliminary legal consultation if you think you may need legal advice.
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Should I be concerned about Aboriginal cultural heritage?
- Yes. Non-compliance may give rise to prosecution.
- Aboriginal cultural heritage is defined differently in some states and territories. The procedures to ensure compliance or to avoid non-compliance may also differ between states and territories.
- The preservation and respect of Aboriginal cultural heritage should be a paramount consideration prior to any on the ground activity and legal advice should be sought well before undertaking any activities that could harm or impact Aboriginal cultural heritage.
- It is possible to have Aboriginal cultural heritage concerns even where native title has been extinguished or found not to exist. If you have any concerns you can use our free and anonymous Ask a Lawyer service to get information specific to your situation.
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I am intending to enter into a contract to service a resource project. Do I need a contract?
- Yes. Commercial contracts are important to protect the rights and interests of all parties.
- A contract will also ensure that all parties have a common understanding.
- You can use our Fixed Fee Quote service to call for tenders from experienced lawyers who may be able to assist you with this.
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