Mining licence application kit

1. Complete, for each applicant, surname, given names, title and date of birth details. Alternatively, if the applicant is an incorporated company, enter the Name of Incorporated Company and ABN (Australian Business Number).

   Applications made by a company must be accompanied by a list of directors (including their respective dates of birth) and a certificate of registration of company.

If the applicant is a registered company, it must give its registered business address. If the applicant is an individual, they must give a physical address (e.g. street number and name). A Post Office (PO) Box address is not acceptable but may be used for the correspondence address.

If there are more than two applicants, please indicate and include details of these applicants on a separate page attached to the application.

2. Applications made by agents or other persons on behalf of companies or individuals must be accompanied by a signed authorisation by the applicant(s) to act on their behalf with respect to the licence application. If this is not done, the application will be invalid and will not be accepted.

   If the agent is acting for the applicant(s) on more than one licence application, a copy of the authorisation must accompany each new application, and the original authorisation must be lodged with the department.

3. Indicate if the agent is to be the contact point for all enquiries regarding the application.

4. If the contact address for correspondence differs from the business address, complete the address for correspondence regarding this application. If the agent is to be the usual contact point for all enquiries regarding this application, enter the agent's address here.

1. Quote the name(s) of the 1:25,000 Mapsheet(s) over which the application area extends. These maps can be obtained from the Earth Resources Information Centre.

2. Determine if the land covered by the application is Crown land, or private land, or a mixture of both.

   Initial advice on the land status can be obtained by reference to the department's GeoVic computer system which can be inspected at the department's offices throughout Victoria. Details on the owners of private land are available from the Melbourne Land Titles Office.

   Attach a map, using a 1:25,000 Mapsheet with MGA coordinates as a base, clearly showing:

   • the exact location of the application area;
   • the length of each boundary AND its magnetic bearing;
   • boundaries of Crown land, with Parishes and Crown Allotment Numbers;
   • boundaries of private land and owners/occupiers names;
   • if your application area covers agricultural land which you do not own, you must show the extent of this land (see point 5 below).

   If a 1:25,000 Mapsheet is unavailable for your application area, please contact the department for advice on acceptable alternatives.

3. As well as showing the application area on the map, you should describe the application area in words. For instance 'south side of area coincides with North boundary of Crown Allotment 53C', or 'application area abuts mining licence 9999'; or 'West boundary is defined by edge of road reserve'.

   This will assist in the accurate recording of your application area and ensure that you are given ranking (and in time granted a licence) over the correct land.

   If you are intending to apply over private land but you are unsure about the exact location of nearby Crown land, you may wish as a precaution to state in your description that all Crown land is excised from the application area. (If there is any Crown land in the application area the licence cannot be granted until Native Title obligations have been met.)

4. Calculate the area covered by the application, in hectares, and enter it in the application. The area must not exceed 260 hectares unless the Minister decides otherwise.

   Please contact the department for more information.

5. Indicate whether the application area includes privately-owned agricultural land which you do not own. If you answered YES, then after grant of the mining licence you must prepare a Statement of Economic Significance and the land owners or occupiers may apply to have the agricultural land excised from the licence.

6. For now, ensure that the attached map clearly identifies the extent of any agricultural land.

'Agricultural land' means private land that is used primarily for:

1. cultivation for the purpose of selling the produce of the cultivation; or
2. keeping animals or poultry for the purpose of selling them or produce derived from them; or
3. keeping bees for the purpose of selling their honey; or
4. commercial fishing; or
5. the cultivation or propagation for sale of plants.

Enter the names and addresses of the owners and occupiers of private land covered by your application. If the land is owned by one party, but occupied by another, you must supply the names and addresses of both. Ensure that you have marked these names on the map (see Question 3).

Indicate whether this person is an owner or an occupier.

Please attach a list if the space provided on the form is insufficient.

Under the Native Title Act 1993 (NTA), you are required to comply with the Right to Negotiate provisions of the NTA or reach an Indigenous Land Use Agreement.

See Minerals tenements and the Native Title Act 1993. This information is intended as a guide only and is not legal advice.

Please rely on your own legal advice about native title prior to making decisions about your interests.

Option 1: Excise all Crown land except those areas where native title has been extinguished

If you have chosen option 1, then your application is assessed to ensure that the requirements of the relevant sections of the MRSDA have been met.

Options 2 and 3: Applications with Crown land (other than Crown land where native title has been extinguished)

If you have chosen option 2 or 3 you need to meet the requirements of both the MRSDA and the NTA. These processes are conducted in parallel and both must be completed before the licence can be granted.

Option 4: Applications with Crown land where there is a relevant land use agreement under the TOSA

If you have chosen option 4 you need to meet the requirements of both the MRSDA and the TOSA. These processes are conducted in parallel and both must be completed before the licence can be granted.

If the application area lies within an EL, PL or RL held, or applied for, by another party, indicate this in the application. You must obtain written consent from the licence holder/applicant for you to hold a mining licence within the licence/application. You will need to attach the consent to the application.

Details of existing licences can be obtained from the Earth Resources Information Centre or the department's GeoVic system.

Nominate the period for which the licence is required. Base this on the size of the resource, the mining rate, and the time required to obtain all necessary consents.

A mining licence may be granted for a term not exceeding 20 years unless the Minister decides otherwise.

Licence holders can make application for renewal prior to the expiry of the licence.

Complete your proposed expenditure for year one and year two and for the first five years of the mining licence.

Your licence will require certain minimum expenditure. Where the area is subject to a tender (MRSDA section 27), or competition by a number of applicants (MRSDA section 23) the nominated expenditure will be considered as one factor in determining the successful applicant.

In these cases, your nominated expenditure (if higher than the the department's rate) will be adopted as the licence expenditure requirement.

Mining for metallic minerals (e.g. gold, silver, copper, zinc, antimony)

Mining for non-metallic minerals (e.g. kaolin, diatomite, mineral sands)

In order to comply with the provisions of section 15(6)(d) of the MRSDA relating to the applicant's ability to finance the proposed work and rehabilitation of the land, the following information is required to support the application:

Company (with an audited financial report):

• Net equity (obtained from the balance sheet of the audited financial statements);
• Professional expertise in lieu of expenditure (refer to note below);
• Line of credit from a recognised financial institution; and/or
• Prospectus (must be underwritten).

In completing the application, you are required to enter in the amounts against each field. In respect to audited reports, you only need to write down the Net Equity figure.

Individual or Company (without an audited financial report):

• Bank statement (no older than six months);
• Professional expertise in lieu of expenditure (refer note below);
• Line of credit from a recognised financial institution;
• Prospectus (must be underwritten);
• List of plant and equipment – owned by the applicant and to be used for the purpose to which the application applies; and/or
• Share certificates.

In completing the application, you are required to enter in the amounts against each field. In respect to providing a bank statement, the applicant must advise of known liabilities that will affect the balance of the bank statement within a twelve month period.

The department reserves the right to seek from the applicant a copy of an updated bank statement at any time during the life of the licence.

The department measures your 'Net Financial Position' against the required expenditure for the application if granted for the first two years (i.e. the 'Net Financial Position' must exceed the required expenditure). Only the above information will be accepted as demonstrating the applicant's ability in meeting section 15(6)(d) of the MRSDA.

All information relating to financial details must be no older than six months at the time the information is submitted. You must disclose whether any of the applicants is an undischarged bankrupt, is in receivership or is under administration.

Provide details of the field of expertise of person(s) undertaking the mining program, including the applicant's expertise and any technical advisors to be engaged (eg. geologist, engineer).

If these advisors are not employees of the applicant, you should indicate so in the place provided on the form. A statement, signed by the technical advisor and agreeing to act for the applicant, must be provided with the application form.

If requested, the applicant should be able to provide evidence of their advisors' qualifications and a copy of their Curriculum Vitae.

Indicate your experience in mining activities.

Attach details or supplementary documents as necessary to provide information. This information might be important if the department is required to determine a competing application.

The matters to be considered by the Minister in determining whether a person is fit and proper are outlined in the overview section of the application kit.

In considering these matters the Minister must take account of the circumstances that lead to the action, the nature of the offence, the penalty imposed and when the action was taken or the offence committed.

The fit and proper requirements extend to associates of licence applicants. An associate is defined as a director, partner, trustee, executive officer, secretary or any other officer or person associated or connected with the ownership, administration or management of the applicant's (or licensee's) business.

In determining whether a person is fit and proper, the Minister is not limited to consideration of the matters above.

If mining is not already being undertaken, the identification of a mineral resource is a precondition for the grant of a mining licence.

You will need to include a Mineralisation Report which details:

1. The type of mineral;
2. An analysis of the economic viability of mining;
3. The location, depth, quantity and extent of minerals;
4. The method that determined the extent of the minerals;
5. Analytical results obtained from samples of minerals; and
6. Evidence that the mineralisation report was prepared by a competent person.

Unless mining is already being undertaken in the area covered by the application, the description of the mineral resource must also include an analysis of whether there is a reasonable prospect that mining of the mineral resource will be economically viable (refer the Ministerial guidelines).

The mineralisation report must be prepared by a competent person (see sections 15(1BA) to (1BG) of the MRSDA). The application must include the following details of the competent person:

1. Full contact details, including correspondence address, phone details and email address;
2. Relevant professional organisation membership/s; and
3. Relevant experience in mineral resource assessment and development.

A competent person, as prescribed in the MRSDMIR, means a person who has:

• Membership of an organisation approved by the Department Head that is of a class approved by the Department Head. Such organisations and memberships include:
  • Member or Fellow class membership of the Australasian Institute of Mining and Metallurgy;
  • Member or Fellow class membership of the Australian Institute of Geoscientists; or
  • Membership of any other organisation and class as listed in the Victorian Government Gazette (PDF).

• a minimum of five years’ experience which is relevant to the style of mineralisation or type of deposit under consideration and to the activity undertaken; or
• in the case of a mineral deposit that is easily and readily assessed visually at the ground surface, a person who the Minister has determined, on a case by case basis, has the relevant experience in mining or mineral exploration appropriate to the described mineral resource.

The application must include information about your work program. A work program is a detailed outline of the work proposed and should address the points listed on the application form and outlined in the Mining licence guidelines.

It should describe the type of mining activities to be undertaken on the licence and must include a sketch map showing the location of the proposed works in relation to the boundaries of the application area.

Generally it is expected that the program of work under a mining licence should reflect a clear intention to establish a mine and should provide a time schedule for and details of proposed work.

The work undertaken on a mining licence must reflect the work program that was submitted with the licence application and may be subject to conditions relating to the type of work, its timing and/or expenditure on the licence.

Proposed work may include:

• further geological evaluation required to convert indicated resources to measured resources or reserves;
• preparation of a full feasibility study;
• project financing;
• preparation of detailed mine design;
• mine and infrastructure construction, commissioning and ultimately mining and ore treatment; and/or
• obtaining approvals, consents and land access agreements.

Within 6 months from the granting of a mining licence, a work plan for mining must be submitted.

For further guidance, refer to the Mining licence guidelines.

You must also indicate the mineral to which the application relates. If the indicated resource contains more than one type of mineral resource, indicate the pre-dominant mineral resource.

The mineral resource identification requirements will normally use Australasian Joint Ore Reserves Committee (JORC) standards.

For the granting of a mining licence a minimum of an indicated resource as defined by JORC must be established within the area covered by the mining licence application.

However, in some circumstances an alternative standard of mineral resource identification may be accepted. Refer to the Ministerial guidelines for description of a mineral resource.

Calculate the appropriate fee. The application must be accompanied by the correct fee or it will not be accepted.

Since 1 January 2015, flat application fees have applied for all licence types, the correct application fee must be submitted with the licence application.

Fees and charges are varied from time to time, so it is important to refer to the current version of the MRSDMIR at the time of application.

See the list of current fees at Licensing fees and charges.

Advice is available upon request from the department's offices including the Earth Resources Information Centre.

If paying by cheque, make cheques payable to 'Department of Jobs, Precincts and Regions'.

Attach a survey of the land proposed to be covered by the licence.

The full requirements are set out in sections 26AR to 26AV of the MRSDA and Regulation 24 of the MRSDMIR.

When submitting the application, you must attach:

• A map showing the area covered by the application; and
• The application fee; and
• The Mineralisation Report (if required) and the proposed work program/plan;
• Description of mineral resource and its economic viability in accordance with Ministerial guidelines;
• Survey of the land proposed to be covered by the licence; and
• Evidence of financial capacity.

Depending on your answers to the questions, you may also need to attach the following:

• A list of directors of the company including date of birth details;
• A copy of the certificate of registration of the company;
• Signed authorisation from the applicant for an agent to act on their behalf;
• A statement by non-employee advisors of their agreement to act as advisors for this application; and/or
• Other attachments such as audited reports to the Australian Stock Exchange or other evidence of financial capacity to fund the proposed expenditure.

Describe these attachments in the blank space provided on the application. Indicate in the place provided on the application whether the application is accompanied by each attachment.

The application is invalid and will not be accepted if these items are not supplied where they are required.

Before you sign the declaration, ensure that:

• You have answered every question;
• All the information you have given is true and correct to the best of your knowledge;
• You have attached all the required supporting documentation; and
• You have attached payment for the appropriate fee.

All applications must be signed. If the application is in joint names, then all parties or their authorised representative(s) must sign the application form.

If one or more of the applicants is a company, applications made by a company must be signed by a company director or company secretary, or alternatively by a person who can provide written evidence that they are authorised to act on behalf of the company with respect to that application.

Each signature should have the name and position of the person in the company (if applicable) clearly printed.

Ranking is given according to the day the application is received by the Earth Resources Information Centre, Melbourne.