Mining Tenements
Mining Amendment Act 2022
DMIRS progresses reforms to simplify approval processes and support best practice environmental management.
The Mining Amendment Act 2022 (the Act) passed Parliament in September 2022. The Act modernises the mining approval process and allows for easier administration of compliance with conditions of approval.
The Department of Mines, Industry Regulation and Safety (DMIRS) is progressing a number of projects to support the implementation of key aspects of the Act.
In December 2022, a discussion paper on the Eligible Mining Activity (EMA) Framework, which is a new form of authorisation for certain minimal disturbance activities, was released for stakeholder review and feedback. The discussion paper provided an overview of the EMA Framework and presented draft criteria for what may constitute an EMA.
A number of submissions on the discussion paper were received, and DMIRS published a response to submissions in June 2023. The submissions will inform the drafting of amendments to the Mining Regulations to establish the framework. Once drafted, amendments to the Mining Regulations will be subject to further consultation and there will be an opportunity for stakeholders to provide feedback on the EMA framework.
In March 2023, DMIRS released a discussion paper on its Mining Development and Closure Proposal (MDCP) and Approvals Statement Framework. This framework will reduce duplication and create efficiencies in assessment processes and approval document preparation, as well as monitoring compliance with approvals. In conjunction with releasing the discussion paper, DMIRS held a number of stakeholder information sessions to present on the new framework. These sessions were well attended and gave the department the opportunity to address stakeholder feedback and queries. DMIRS is now in the process of developing a response to submissions, which will be published on the department’s consultation page once available.
The provisions of the Mining Act 1978 and the Mining Regulations 1981 are administered by the Minister for Mines and Petroleum, Energy, Corrective Services and Industrial Relations, who is supported by the Department of Mines, Industry Regulation and Safety (DMIRS) to whom the Minister may also delegate roles and functions. As the applications are made to and assessed by the Deprtment, any submissions or comments members of the public wish to make should be forwarded directly to DMIRS.
In accordance with clause 64A of the Regulations, an applicant must serve notice on a local government in the form of Form 21, within 21 days of lodging the application. In accordance with the form, the local authority may lodge an objection and the timeframe for this is 21 days from the date of service of the documentation. This time period does not allow sufficient time for the Shire to undertake any form of consultation process or the ability to consider any submissions from landowners or other members of the Public.
Further information regarding applications for Mining Tenements and the State system can be found here:
