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Mining, Prospecting and Retention Licence Application Survey Requirements

Purpose

A person who intends to apply for a mining licence, prospecting licence* or retention licence must survey the boundaries of the land proposed to be covered by the licence in the manner required by the regulations.

These requirements are set by the Mineral Resources (Sustainable Development) Act 1990, (MRSDA) sections 26AR-26AV and the Mineral Resources (Sustainable Development) (Mineral Industries) Regulations 2013, Regulation 28.

Applicant's Obligations

A person who intends to apply for a mining or retention licence must survey* the boundaries of the land proposed to be covered by the licence and provide the survey as part of the licence application.

*The Department Head may require a person who intends to apply for a prospecting licence to survey the boundaries of the land proposed to be covered by the licence and to provide the survey as part of the licence application, if the Department Head is satisfied that a survey is required -

a. To ensure that the location of the application area is specified accurately; or
b. To avoid the possibility of a boundary dispute with a nearby licence.

Before entering land to survey* you must have:

  • (in case of private land) written consent of the owner or occupier of the land to the entry; or
  • (in case of occupied Crown land) written consent of the occupier of the land to the entry; or
  • for all other Crown land, given the person responsible for the management of the land written notice of the intended entry; or
  • an authority in writing and granted by the Department Head under section 26AS of the MRSDA.

Authority to enter land

If a person has made reasonable attempts to obtain the consent of the owner or occupier and has been unable to contact them or they have refused or failed to give consent, the department may grant that person with an authority to enter land under section 26AS of the MRSDA. (please refer to the complete sections 26AS-26AV of the MRSDA).

Security

Before granting an authority to enter land  under section 26AS, the Department Head must require the person to provide a security for an amount and kind specified by the Department Head, against the risk of damage to the property of the owner or occupier of the land as a result of the person’s entry on to, or activities on, the land. Refer to section 26AU of the MRSDA.

Insurance

Before entering land, or carrying out any surveying, a person must be insured for an amount of at least $10 million against any risk that might arise if the owner or occupier of the land were to sustain a personal injury as a result of that person's entry on to, or activities on, the land. Refer to section 26AV of the MRSDA.

For any inquiries regarding these requirements, please contact your Tenements Officer.

Survey Standards for Mining and Retention Licence Applications (& Prospecting Licence Applications, if Applicable)

1. The boundaries of land covered by an application for a mining or a retention licence (& prospecting licence, if applicable) must be surveyed in accordance with section 26AR of the Mineral Resources (Sustainable Development) Act 1990 and Regulation 28 of the Mineral Resources (Sustainable Development) (Mineral Industries) Regulations 2013.

2. Surveys shall be made and tested to the standard of accuracy specified at Section 7 of the Surveying (Cadastral Surveys) Regulations 2015.

3. Surveys of mining or retention licences (& prospecting licences, if applicable) located on freehold land, or within 500 m of freehold land, shall be connected to the cadastral boundaries of any land affected by, or within 500 m of, the licence as the case may be.

4. Surveys requiring definition of, or connections to, cadastral boundaries should be undertaken by a licensed surveyor and carried out in accordance with the Surveying (Cadastral Surveys) Regulations 2015 prepared under the Surveying Act 2004.

5. Surveys shall be connected to the Map Grid of Australia (MGA94) co-ordinate system to the relevant standard of accuracy as described at paragraph 2.

6. Surveys shall be adequately connected to any permanent marks existing in the vicinity of the licence.

7. A survey plan of the land covered by the licence shall be drawn and show the following information:

  • dimensions, area and MGA94 co-ordinates of the land covered by the licence,
  • all cadastral boundaries and connections thereto located inside and/or adjacent to or within the 500 m of the land covered by the licence as the case may be,
  • parcel identifiers e.g. Crown allotment and section numbers, parish, township and municipal names; lot and plan of subdivision numbers; road names, etc.,
  • the status of any Crown land e.g. Government road, National Park, gravel reserve, State Forest etc.,
  • adjoining mining, prospecting or retention licences
  • permanent marks and connections thereto,
  • north point,
  • bar scale and representative ratio,
  • certification by a licensed surveyor where appropriate.
8. Where cadastral boundaries have been re-established, the surveyor's Abstract of Fieldnotes must accompany the survey plan.