Mining proposal

Legislation: Mining Act 1978 (WA)
Last updated:

Overview

Before you start any mining operations on a tenement granted under the Mining Act 1978, you must lodge a mining proposal for approval with the Department of Energy, Mines, Industry Regulation and Safety (DEMIRS). 

In a mining proposal you must provide detailed information on how you will identify, evaluate and manage the environmental impacts of your proposal. The Statutory Guidelines for Mining Proposals and associated guidance will help you prepare your proposal. You must submit your application in accordance with Part 1, unless you meet the definition of a small mining operation when you can use Part 2 of the Statutory Guidelines for Mining Proposals.

All mining proposals must include a mine closure plan. The Statutory Guidelines for Mine Closure Plans and associated guidance will help you write your plan. 

If approved, your proposal is likely to be subject to environmental management conditions. 

Relevant documents

Legislation - Statutory Guidelines for Mining Proposals

Legislation - Statutory Guidelines for Mine Closure Plans

Guidelines - Mining Proposal Guidance – how to prepare in accordance with Part 1 of the Statutory Guidelines for Mining Proposals

Guidelines - Mine Closure Plan Guidance – how to prepare in accordance with Part 1 of the Statutory Guidelines for Mine Closure Plans

Other essential guidance and procedure documents – Mining Proposals

Other essential guidance and procedure documents – Mine Closure Plans

Timeline

DEMIRS has a target of completing 80% of assessments within 30 business days.

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

Any ‘stop the clock’ events can be viewed online via the lodgement and approval tracking system

Before you apply

To submit a mining proposal you must have relevant primary tenure (a mining lease) granted under the Mining Act 1978 by DEMIRS. There is one exception: the Mining Act 1978 allows you to submit a mining proposal to support a mining lease application (instead of a statement on the mineralisation of the area).

Stages of application

Prepare

What to consider before applying for a mining proposal

You must ensure your application meets all of the form and content requirements specified in the Statutory Guidelines for Mining Proposals. Your application must have all the information necessary to support the DMIRS assessment process. 

Before lodgement, you should ask to meet with a DMIRS officer to ensure you have met all the requirements. This will help minimise any potential assessment delays.

Relevant documents:

Legislation - Mining Act 1978

Legislation - Statutory Guidelines for Mining Proposals

Legislation - Statutory Guidelines for Mine Closure Plans

Procedure - Environmental Applications Administrative Procedures

Guidance – The consideration of Aboriginal heritage matters in assessments under the Mining Act 1978.

Lodge and validate

How to lodge an application for validation.

You must refer to the lodge and validate process for the approval type you are seeking. Click on the links below for the specific details on each approval types:

If the Environmental Protection Authority (EPA) is assessing your application, you can still submit your other applications. These will be parallel processed where possible. However, other agencies must withhold their final decision until the Ministerial Statement has been issued or the EPA decides not to assess the proposal.
 

Assessment

How your application is assessed.

Once received, DEMIRS will allocate your application to an environmental officer for assessment. The officer may then 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. 
     

The officer may need to do this when:

  • Make referrals and requests for advice to other agencies
    • they require expert information to inform their assessment 
    • there is a trigger that invokes consultation in a memorandum of understanding (MOU) or administrative agreement (AA) with another agency (see the relevant MOUs and AAs on the DMIRS website).

Referrals or requests for advice from other agencies are a ‘stop-the-clock’ event. 

Planning for approvals

Parallel processing can help reduce a mining project’s overall approval timeline. DEMIRS and Department of Water and Environmental Regulation (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 (WA), DEMIRS will parallel process the mining proposal assessment. You should know that DEMIRS 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. 

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

  • the tenement conditions require consultation and agreement with any other agency 
  • consent or clearance must be sought under the Aboriginal Heritage Act 1972 (WA) when there is an impact to a heritage site
  • the Minister must consent to entry to reserves or other restricted lands
  • a mining lease application sent with the mining proposal has not yet been granted.

Relevant documents

Procedure - Environmental Applications Administrative Procedures

Website links

Decision

How to manage an active mining proposal application.

DEMIRS 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, which may include submission of an Annual Environmental Report.