Australian Mining: Securing Rehabilitation Obligations. Native Title - Western Australian Government KDC contributed a total of AU$818,826.40 to the MRF, leaving a signi cant gap between its rehabilitation liability and money contributed tothe fund. [17], The revenue decimal used to calculate the amount of an owner's royalty check is calculated with the following equation:[18], Revenue interest decimal For example, Queensland is currently considering replacing its performance bond system with a pooled fund model.9 Despite this, serious questions about the effectiveness of the MRF have emerged following the shutdown of the Ellendale Diamond Mine in Western Australia. Check ground availability - Mining Lease Online Systems TENGRAPH Online TENGRAPH Online is the department's mapping system, displaying the position of Western Australian mining tenements and petroleum titles in relation to other land information. Ph: +61 421 498 644 Gold prospecting lease for novice fossickers pegged by Yalgoo Shire in Many other line items can be negotiated by the time the contract is complete. Changes to land tenure and pastoral lease ownership in Western These included the risk of external interference in the Coordinator- Generals recommendations, evaluations and imposition of conditions, and the risk of policy and state capture (undue influence) by mining companies. Ward v Western Australia (1998) . State Records Office of Western Australia The State Records Office holds various sets of records relating to mining and resource development within Western Australia. Western Australia is one of the best places for gold prospecting in the world, and hence attract many people who are just starting, as well as professional prospectors. Australia v Ward that native title is a bundle of rights, which may be extinguished one by one, for example, by a mining lease. WA is the main exporter of minerals and petroleum in Australia, accounting for 56% of Australias mining gross value added in 2018-19. Mining and Resource Records - Western Australian Government This is required in all types of tenements: It is worth noting here that most exploration companies in Western Australia will welcome prospectors to do metal detecting over their leases, as generally these companies are only interested in hard rock mineral occurrences. And, in New Caledonia, angst over nickel mining has undermined political stability. The question subsequently becomes how we can be more proactive at preventing pollution. Revenue could then be allocated to the state or to Tribal governments for clean up. Applying polluter pays to a company in liquidation would undermine the principle that the property of insolvent companies should be divided equally among unsecured creditors and not entirely to a creditor who holds the rights to onerous property. All rights reserved. Over time, the waste from the mine being deposited into the river has seen a build-up of sediments and this has caused over-flooding causing villages to be completely submerged, he says. Mining Lease - Western Australia - business Their purpose is to help stakeholders whether they be from government, industry or civil society to identify points within the process where transparency and public accountability need to be strengthened, if corruption risks are to be reduced. After this, the rights revert to a predesignated entity, such as a specific organization or person. Live and Pending Mining Tenement Data referencing both surveyed and unsurveyed mining tenements as they appear spatially within the TENGRAPH system. Additionally, it is important to note that prospecting within 100 metres of any occupied building is forbidden. Last updated: 17 May 2022 Contents Types of leases Licences Methods of release Property in leases Frequently asked questions Some sort of communication device should be carried at all times. Coal, liquified natural gas and minerals account for around 81% of the value of Queensland overseas exports. Carry plenty of fuel, as it is easy to get lost and it might require more driving than initially planned. [5] This was a crucial step in the development of an economic system based largely on private incentives and market transactions. The strange, but not accidental, legal in-between status of the Tribes as sovereign nations but not independent of the United States only further complicates the issue. Juzel Lloyd is a Climate and Energy Analyst at Breakthrough. The UKs experience provides a strong argument that could be made in Australian courts if the DMP sought to challenge the validity of the exercise of a disclaimer of onerous property in relation to a mining lease. Bougainville Revolutionary Army fighters keep watch over the captured Panguna mine in 1994. [20] Meaning, when mineral rights are extracted by a company that does not own the property above where the minerals are located, the company has the legal right to extract those minerals regardless. [3], This type of estate occurs when mineral and surface ownership are separated. Robin Chapple, Parliamentary Debates, 3290, Western Australia, Legislative Council, 11 August 2015. This procedure sounds graphic and destructive and indeed does impose real environmental and social harm. Similarly, in Queensland, the Department of Environment and Heritage Protection has the power under the Environmental Protection Act 1994 (Qld) to impose a condition on an environmental authority requiring that nancial assurance be provided before any mining operations are carried out and, as a matter of policy, imposes such a condition wherever there is resource activity that may result in signi cantly disturbed land under a mining lease.5 Uniquely, Queensland allows a mining company to discount its nancial assurance below 100 per cent of the estimated rehabilitation liability in recognition of good environmental performance and a low risk of default. Coordinated projects can involve multiple approval requirements across different local, state and federal government departments. Remember that mobile reception is rare, hence you need to be prepared for the worst. [5] The U.S. historical precedent for this severance roots from western expansion and The Land Ordinance Act of 1785 and The Northwest Ordinance Act of 1789 at the cost of dispossessed Natives. ) It does not allow to prospect within a national park, a nature reserve, part of a townsite or other classified reserve (e.g., a cemetery) or private property (e.g., farmland). Access to this resource requires a SLIP account, and may involve a charge to access the data, or be restricted to pre-approved users. A miners right allows you to conduct the following activities in WA (Quoted from the DMIRS website) - Prospect for minerals (including gold) "To make that easier for the novice perhaps the shire thought it would be worthwhile to have our own lease so we can actually show people where to go," Mr Brenzi said. However, the broad discretionary decision-making powers available to the Coordinator-General to facilitate state development can also create risks if those powers are not exercised in a highly transparent and accountable manner. According to a self-evaluation report, the non-uniform mandate of the P2 Act leaves gaps in proper enforcement through the Environmental Protection Agency (EPA) and other federal agencies. Signing a lease signals that both parties agree to the terms laid out in the lease. The Arcoona Project (exploration licence E31/1203) is located approximately 4 km west of the Northern Star's 1.2 Moz Carosue Dam gold mine and 115km from Kalgoorlie. A common critique is that litigation is used too frequently, resulting in court battles that may last years and fall short of expectations for justice (if the case is even won at all). It left behind a legacy of division, violence and environmental degradation. Therefore, bear in mind when gold prospecting in Western Australia that the prospecting ground or tenement may overlap a pastoral lease, hence be respectful of other people you might encounter within the land you are prospecting on. As a matter of policy, the State requires a security deposit for all coal, mineral and petroleum exploration and production activities.3 The titleholder must provide the Department of Resources and Energy with an estimate of rehabilitation costs, which the Department considers when determining the amount of the security deposit. By weight, oil, metals and minerals represent 61% of the countrys total exports. In addition, the Australian federal government has proposed to reduce the federal income tax rate in scal year 2013 and 2014. Mining Regulations and Statutes - Kentucky As mining for clean energy technologies increases in the next few decades, so too does the importance of ensuring that Native communities benefit economically from any industrial activities on their lands. Barker says PNG has made many mistakes along the way, in not keeping the profits and benefits of mining within the country, to be used for the advantage of the PNG people, and allowing too much of the wealth generated by its natural resources to go offshore. (PDF) Mining State Agreements: Understanding the Framework - ResearchGate Holders of tenements with a rehabilitation liability of AU$50,000 or above are required to make an annual, non-refundable payment into the fund at the contribution rate of one per cent of the calculated rehabilitation liability. In Australia, the States have the power to regulate the minerals situated within their boundaries. 10 The facts relating to the closure of the Ellendale Diamond Mine are taken from the following sources: Peter Williams, State picks up $40m Ellendale bill, The West Australian, 3 November 2015; Nick Evans, Bit-by-bit sale for Ellendale, The West Australian, 3 September 2015; Ben Hagemann, Kimberley Diamonds leaves a poor legacy, Australian Mining, 6 July 2015; Jessica Kidd, Former Kimberley Diamonds boss arrested for allegedly misleading stock market over yellow diamond prices, Australian Broadcasting Corporation, 15 September 2015; Hon. MRF funds can be used to rehabilitate any tenement in respect of which the levy was payable. Before a mining lease is granted in Queensland, mining applicants need to satisfy a number of related approval requirements, for example, environmental approvals, native title and Aboriginal cultural heritage agreements, compensating private landowners and addressing any objections to the application. All Rights Reserved. Pooled fund models offer a potential solution to these problems but, as the Ellendale case demonstrates, will not be effective unless regulators can accurately estimate potential liability and raise a suf cient amount of funds to cover that liability. the Mining Lease Definition | Law Insider Although the issue has not been considered in Australia, the reasoning of the Court of Appeal could be applied to a mining lease. Polluters thus paid the same as non-polluters, essentially defeating the taxs purpose. Australian Opal Mining Fields | Opals Down Under

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