- Fee for mineral title objections before the mining wardens
- Differential fee model includes significant concessions
- Fee will take effect on 16 September 2024
A differential fee model for lodging mineral title objections before Western Australia's mining wardens will take effect on 16 September 2024.
In 2023, the Department of Energy, Mines, Industry Regulation and Safety (DEMIRS) conducted consultation on a proposed fee of $859. Having considered responses from stakeholders that made submissions during the consultation period, the Cook Government made the decision to implement a differential fee model instead.
The introduction of a fee follows a significant increase in the number of objections to mineral title applications brought before the mining wardens over the past three years, which required the appointment of a second Perth mining warden.
A general fee of $430 will effectively support partial cost-recovery to fund the second warden and additional administrative staff. Like other courts and tribunals in Western Australia, concession card and pension card holders will incur a $100 fee. Registered Native Title Bodies Corporate and freehold landowners that overlap the application for a mining tenement will have a $0 fee.
While lodging an objection before the mining wardens has traditionally been free, there are no other fee-free tribunals or courts of a similar nature in Western Australia.
The differential fee model was decided on following a 12-week public consultation that received more than 300 submissions. Further information will be made available in the Response to Submissions reporthttps://www.dmirs.wa.gov.au/content/closed-consultations
Under amendments to theMining Act 1978in 2022, the fee will apply to any person objecting against applications for mining tenure, applications for exemption from expenditure, applications for restoration of a tenement following forfeiture, and to the survey of a mining tenement or of land the subject of an application for a mining tenement.
As stated by Mines and Petroleum Minister David Michael:
"The Cook Government will continue to support the important principle that any person can object to a mining tenure application in Western Australia.
"Importantly, a single objection before the Wardens Court signed by multiple people carries the same weight as multiple objections lodged individually.
"A differential fee model on a partial cost-recovery basis strikes a balance between industry and community concerns and the efficient operation of the Wardens Court."
