How To Peg a Lease in
Western Australia!
Marking out and applying for Mining Tenements
PART 1
Marking Out a Mining Tenement
All tenements apart from exploration licences, retention licences and prescribed land prospecting
licences and mining leases must be marked out on the ground. The marking out requirements are as
follows:
Standard marking out procedure is:
a. by fixing firmly in the ground or as close as practicable to each corner or angle of the land
concerned a post projecting at least 1 metre above the ground;
b. by cutting two clearly identifiable trenches or placing two rows of stones at least 1 metre long
from each post in the general direction of the boundary lines; and
c. then by fixing firmly to one of the posts as the datum post the notice of marking out in the Form
No. 20 in the First Schedule.
Where the land adjoins other land in respect of which the same person is seeking or holds a mining
tenement, common posts and trenches or rows of stones, may be used for the marking out of each
parcel of land.
Regulation 59
Where, due to the nature of the ground it is not possible to firmly fix posts, stones may be used to
support the posts.
Regulation 60
Marking out surveyed land
If the ground applied for is identical to any surveyed land it is only necessary to place a datum post in
one of the corners and attach the Form 20.
Regulation 61
Land covered by water
Where the whole or part of the area sought is covered by sea or waters of any lake, pond, river or
stream it shall not be necessary to mark out the area or part of the area so covered.
Section 107
Shape of Tenements
Tenements other than Miscellaneous, Retention and Exploration Licences
The tenement shall be rectangular in shape, however, where the presence of existing mining tenement
boundaries or natural features make it necessary or desirable to vary shape each boundary shall be
straight and where possible at right angles to an adjacent boundary or parallel to an opposite boundary.
Regulation 92
Miscellaneous Licences
May be of any shape but the boundaries where practicable must be straight lines.
Regulation 38
Retention Licences
It is not necessary to mark out the land unless the Minister so requires.
Regulation 23b(2)
Exploration Licences
Comprise graticular blocks - see Information Series No.7.
Restrictions as to Marking Out Certain Reserved Land
� National Parks, Class "A" Nature Reserves and any Class "A" Reserves within the South
West Land Division, Esperance and Ravensthorpe Municipal Districts.
The Act provides that consent of the Minister for State Development is required prior to
prospecting or marking out in these reserves.
Section 26(2)(a)
� State Forests or Timber Reserves
May be marked out or applied for only in accordance with the conditions and restrictions
prescribed pursuant to Section 128(1)(h) of the Conservation and Land Management Act 1984
(ie. approval must be obtained from the Regional CALM officer prior to marking out).
Section 26(2)(b)
� Aboriginal Reserves
An Entry Permit must be obtained from the Department of Indigenous Affairs.
Private Land
Apart from the general marking out procedures previously stated there are additional requirements in
respect to marking out and the granting of mining tenements affecting private land. A Permit to Enter is
required to mark out a mining tenement on private land and a more detailed explanation can be found in
Information Pamphlet No. 4 titled "Private Land Provisions".
PART 2
Applying for a Mining Tenement
Application must be made in the Form No. 21 "Application for Mining Tenement" and lodged at the office
of the Mining Registrar of the mineral field in which the land is situated, within ten days of marking
out.
Where the ground applied for is situated in more than one mineral field the application must be lodged
with the Mining Registrar controlling the mineral field containing the majority of the ground under
application.
Application fees payable
Application fees together with the first years rent is payable on lodgement of a mining tenement
application. Information as to current fees and charges is available as a separate sheet.
Description of Tenement
It is of the utmost importance that the description of every tenement is clear and unambiguous to allow
precise plotting on the public plan or TENGRAPH and easy identification of the posts on the ground.
The boundaries of every mining tenement, (except an exploration licence) shall be defined from an
existing survey mark or other well defined feature, a prominent ground feature shown on the
Department's tenement maps, an observed latitude and longitude or Australian Map Grid co-ordinates.
Regulation 66
The Map
A map must accompany each application for a mining tenement. The map must clearly show the
boundaries of the land applied for.
Additional Requirements
Prospecting Licences (or Special Prospecting Licences)
A security in the sum of $500 in the Form No. 32 must be lodged with the Mining Registrar within 28
days of lodging the application.
Section 52(1)
Exploration Licences
A security in the sum of $5000 in the Form No. 32 must be lodged with the Mining Registrar within 28
days of lodging the application.
Section 60(1)
In addition, the application must be accompanied by a statement specifying:
i. the proposed method of exploration;
ii. details of the proposed work programme;
iii. estimate of proposed expenditure on the licence; and
iv. applicant's technical and financial resources.
Section 58
Miscellaneous Licences
The applicant must produce details of any works to be constructed, the manner of construction and any
operations to be carried out on the licence within 35 days of the date of application.
Regulation 37(3)
General Purpose Leases
The purpose for which the lease is being applied for must be stated when applying.
Section 87
Retention Licence
The application must be accompanied by:
i. a statement specifying the proposed work program and proposed expenditure for the licence
area; and
ii. a statutory declaration by the applicant to the effect that a mineral resource has been identified
but that for the time being it is not practicable to mine the resource.
In additon a detailed report on the mineral resource estimate must also be submitted to the Department,
unless it has previously been provided.
Section 70(c)
Additional Copies of Application Required for Service and Advertising
When the application has been received by the Mining Registrar, the applicant must obtain sufficient
copies of the Form 21 for the following requirements:
a. Affixing a copy of the Form 21 to the datum post.
Regulation 64(4)
b. If the application relates to land held under a pastoral lease a copy of the Form 21 must be
sent by registered post or certified mail to the lessee of the pastoral lease with a copy of the
map within 14 days of the lodging of the application.
Section 118
c. If the application relates to private land, copies of the Form 21 must be served on the :
i. clerk of the council of the municipality;
ii. the owner and occupier of the land; and
iii. each mortgagee in respect to the private land as recorded in the Office of Titles,
Midland.
All these requirements must be completed within 14 days of the date of application (Section
33(1) and Regulation (7)). (Service may be by personal delivery, registered mail etc).
Regulation 111
d. If the application is for a miscellaneous licence a copy of the Form 21 must be given to:
i. each applicant for or holder of any mining tenement affected by the application; and
Regulation 37(2)
ii. the council or municipality in which district the application falls.
Section 91(9)
e. In cases where only subsurface rights are applied for on private land (ie. only for land below a
depth of 30 metres from the lowest part of the natural surface), it is not necessary to serve a
copy of the application on the:
i. owner and occupier of the land; and
ii. each mortgagee of the land.
Section 33(1a)
f. A copy of the Form 21 must be advertised in Wednesday's edition of the West Australian or
alternatively in the Kalgoorlie Miner where the application is lodged with the Mining Registrar at
Coolgardie, Kalgoorlie, Leonora, Norseman or Southern Cross, within 14 days of application.
This period may be extended by the Warden.
Regulation 64(5)
Affidavits
It is a requirement of the Mining Warden that affidavits be filed in support of proof that the application for
the mining tenement has been correctly marked out, advertised and service of notices complied with.
Objections
Any person may lodge an objection to the granting of an application in the Form No. 16 within 35 days of
the application, or such further period the Warden may allow. In respect to applications over private
property the period for lodging objections can differ - refer to Information Pamphlet No. 4, Item 17.
The objector is required to serve a copy of the objection in the manner prescribed under Regulation 111.
Regulation 67
PART 3
Appendices
A. Diagram of marking out
B. Example of a completed Form 21
C. Boundary descriptions
Appendix A
Marking Out Mining Tenements
� By fixing to a post a notice of marking out in Form No. 20 of the first schedule. That post is
deemed to be the datum post.
� Common posts and trenches or rows of stones may be used for the marking out of adjointing
tenements by the same Holder or Applicant.
� No rows of stones/trenches are required when a Tenement corner post is adjacent to any
survey mark.
Appendix B
Appendix C
Boundary Descriptions
Rules
The techniques of describing land are deceptive in their apparent simplicity. There are some pitfalls but
there are also some simple rules to follow.
Essential Features
All descriptions should include the following prime features:
� locality;
� datum post (or starting point);
� boundaries;
� any other land affecting;
� any land adjoining;
� area
These features are explained in further detail hereunder:
Features and Explanation Example
The locality - the general location of the tenement DUNHAM RIVER STATION - 10 km SE of: or
JITARNING - 1.5 kms SE of, at KOOLBERIN:
The datum peg (used in the case of a pegged
tenement) - a more precise position described by
bearing and distance from an existing survey mark, a
prominent ground feature shown on the
Department's tenement maps, an observed latitude
and longitude or an Australian Map Grid co-ordinate.
Datum peg 100 metres at 240� (mag) from NW
CORNER OF M 80/246
or
Datum post at NW corner of Williams Location
9051.
or
Datum post 8.4 km at 104� (scaled) from
geodetic station R024.
or
Datum post 1600m (measured) at 304� from
Mt. Padbury km.
or
Datum peg 12.5 km Westerly along the
Norseman-Hyden Road from the Eyre
Highway turnoff. (NOTE: Whilst this is a
satisfactory description to enable any pegged
ground to be located, it would be
unsatisfactory for a description of an unpegged
tenement).
or
Datum post located at Lat 32�45'07"S Long
120�12'20"E (GPS).
or
Datum post located at AMG co-ordinates,
Zone 50, 567890mE, and 6234567mN (GPS)
The boundaries - each side described by bearing
and distance in turn clockwise from the datum post
or starting point.
NOTE: If a surveyed boundary or other feature is
used in lieu of boundary line pegs that boundary or
feature must be referred to in the description (Reg.
59 refers).
A. Ground with no abuttals
thence 1500 metres at 73�,
thence 800 metres at 163�,
thence 1500 metres at 253�,
thence 800 metres at 343�,
back to datum
or
thence 2500 metres at 282�,
thence 800 metres at 12�,
thence 2500 metres at approx 102�
along fence line,
thence 800 metres at 192�, back to datum
or
thence 1000 metres at 80�,
thence 3500 metres at 110�,
thence 800 metres at 95�,
thence 2000 metres at 70�
thence 600 metres at 160�
thence 2130 metres at 250�,
thence 8200 metres at 275o,
thence 3420 metres at 290�,
thence 840 metres at 260�,
thence 600 metres at 350� back to datum
or
thence to Lat 32o45'07"S,
Long 120�13'50"E
thence to Lat 32o 46'37"S,
Long 120� 13'50"E
thence to Lat 32o 46'37"S,
Long 120� 12'20"E
thence back to datum (values obtained from
GPS) TYPE.........
or
thence to Zone 50,570890mE and
6234567mN
thence to Zone 50,570890mE and
6231567mN
thence to Zone 50,567890mE and
6231567mN
thence back to datum (values obtained from
GPS) TYPE.........
B. Ground with abuttals
thence 610 metres at 0� to the southern
boundary of P47/26,
thence 900 metres at 90� along the southern
boundary of P47/26 to its SE corner,
thence 610 metres at 180� along the western
boundary of P47/28,
thence 900 metres at 270� back to datum
or
C. Ground Indentical to Previous Surveyed
Lands
thence identical to surveyed MCs 59/4962,
59/4892, 59/4891 and 59/4833
or
thence identical to Kojonup Location 8927
(Cert. of Title - 674/196)
Any land affected - a statement of any land
known to be owned or occupied and affected by
the ground applied for.
being totally (or partially) within Pastoral Lease
3114/953 and E 70/350
or
includes Reserve 12647 - Water.
Any land adjoining - in appropriate cases a
statement of any land abutting the boundaries of
the proposed tenement.
being all of the ground available between M 16/214
and M 16/224
or
abutting M 25/50 on its southern boundary
The area - the nett area of the ground included
in the application.
250 hectares
or
94.68 ha excluding P 47/146.
Methods of Measurement
In practical terms bearings and distances can be obtained by one of three methods:
i. Measured - (on the ground)
ii. Scaled - (from a map)
iii. Estimated - (from local knowledge)
Observed latitudes and longitudes and AMG co-ordinates can be obtained by astronomical observation,
GPS satelite receiver or other electronic navigation methods.
They are therefore subject to varying degrees of precision. It is sometimes necessary that the method of
obtaining the measurement is qualified either within the description itself or as an additional qualifying
statement.
Hints For Identifying Ground When Marking Out
To assist in clearly identifying ground marked out it is suggested that:
� when placing a copy of the Form 21 back on the datum post the tenement number is placed on
each corner post using a waterproof marking pen or a stamped aluminium tag;
� standard posts are used and a standard combination of flagging is placed on each post.
This pamphlet is issued by the Mineral Titles Division of the Department of Industry and Resources.
1st Floor Mineral House
100 Plain Street (Cnr Adelaide Terrace)
EAST PERTH WA 6004
PHONE: (08) 9222 3333
FAX: (08) 9222 3444
Email: [email protected]
Internet: http://www.doir.wa.gov.au
N.B. The information contained in this pamphlet is designed to assist in gaining a
general awareness of the requirements of the Mining Act 1978 and is not intended to
be a substitute for understanding the statutory requirements of the Act and
Regulations thereunder.
