Exploration or prospecting

Here are the stages for obtaining an approval for exploration or prospecting on tenure granted under the Mining Act 1978.
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Overview

If you are an explorer or prospector who intends to undertake ground disturbing activities with mechanised equipment, the Mining Act 1978 requires you to lodge a Programme of Work (PoW) application.

Timeline

The Department of Energy, Mines, Industry Regulation and Safety (DEMIRS) has a target timeframe of completing 80% of assessments within 15 business days.

All targets are subject to sufficient information being supplied on lodgement to assess the application.

You can check the progress of your application online via the lodgement and approval tracking system. 

Before you apply

DEMIRS will not accept your application unless the relevant tenure for the area of the PoW application is in place. If your tenement intersects private land, access consent must be granted before you submit your application (termed ‘surface rights’).

If you propose to clear native vegetation and you are not eligible for an exemption under the Environmental Protection Act 1986 or Environmental Protection (Clearing of Native Vegetation) Regulations 2004, then you must obtain a native vegetation clearing permit.

Your approval journey

The stages outlined below will help you with your exploration and prospecting approval journey.

Prepare

What to consider before applying for a exploration or prospecting application

You should review the relevant documents below to help you prepare your application.

If you collect enough information and begin detailed program design at this point, this will help you identify environmental risks and impacts early in the process. It could also help to reduce the likelihood that DMIRS will need more information later on, thus avoiding delays.

There are two ways to submit a PoW application:

  1. Programme of Work Spatial (PoW-S)
    The PoW Spatial lodgement system allows you to digitise or upload your activities directly into the system and provides site-specific feedback if you intersect any land of interest. The lodgement questions are also tailored to your activities and the types of land your application intersects. You can then adjust and optimise your application before submission, hopefully resulting in a streamlined application and assessment process.
     
  2. Programme of Work Prospecting (PoW-P) 
    Alternatively, if you are undertaking prospecting activities, you can lodge an application for a PoW-P using an application form.

Relevant documents

Lodge and validate

How to lodge an application for validation.

You can lodge your PoW-S application through the DMIRS Environmental Assessment and Regulatory System (EARS).

You can submit your PoW-P application over the counter at any DMIRS office, or electronically through DMIRS Submissions.

Relevant documents
Read this guide to find out more about submitting your applications and reports electronically.

Assessment

How your application is assessed.

DMIRS will first allocate your application to an environmental officer for assessment. The officer may need to do the following:

  1. Request further information
    You may be asked for further information or to clarify some content. If so, the officer will write to the designated contact on the application. These requests are a ‘stop-the-clock' event.
     
  2. Make referrals and requests for advice to other agencies. The officer may need to do this when:
  • they require expert information to inform their assessment
  • there is a trigger that invokes a memorandum of understanding (MOU) or administrative agreement (AA) with another agency (see the relevant MOUs and AAs on the DMIRS website)

The officer will apply ‘stop the clock’ where appropriate.

Planning for approvals

Parallel processing can help reduce a proposal’s overall approval timeline. DMIRS and DWER are committed to parallel processing of environmental applications where multiple approvals are required.

If your proposal is being assessed under Part IV of the Environmental Protection Act 1986, DMIRS will parallel process a PoW application. DMIRS cannot decide on an application until either the Minister for Environment sends notification that decision-making authorities may exercise their decision-making powers, or the Environmental Protection Authority (EPA) decides not to assess the proposal. 

DMIRS will also parallel process applications but withhold its decision where:

  • the tenement conditions require consultation and agreement with any other agency
  • the area overlaps an Aboriginal heritage site and the applicant has not begun consultation with the Department of Planning, Lands and Heritage
  • the Minister must consent to entry to reserves or other restricted lands.

Approvals from DWER under the Rights in Water and Irrigation Act 1914 will be needed for camp or drilling water supply.

Where mineralisation may occur in confined or artesian aquifers, DWER will recommend that DMIRS includes conditions on bore design and driller classification.

Relevant documents

Website links

Decision

How to manage an active exploration or prospecting application

DMIRS will notify you about its decision in writing.

If approved, your letter will include any conditions you must adhere to. 

If your application is refused, your letter will state the reasons for the decision.  

Post decision

What do you need to be aware of post decision.

When you receive your approval letter, you can proceed. You must meet any conditions stated in the letter.

You must rehabilitate the land within six months of completing the ground disturbance activities, or after an approved extension. You should submit a rehabilitation report to DMIRS when you have finished.

Relevant documents

Programme of Work Rehabilitation Report

Mining environmental approvals