Mining

Contributed by Greg McIntyre and Malcolm O'Dell and current to 1 September 2005

The issuing of exploration and mining tenements pursuant to the Mining Act 1978 (WA) is now subject to the requirements set out in the NTA.

MINING ACT 1978 (WA)

The Mining Act provides that with regard to land proclaimed to be a reserve for persons of Aboriginal descent pursuant to the AAPA Act, prospecting, exploration and mining can only be carried out with the written consent of the Minister for Mines who may refuse his or her consent or give consent subject to terms and conditions. Before giving consent he or she must consult with the Minister for Aboriginal Affairs and obtain a recommendation. Any terms and conditions imposed by the Minister for Mines may include, among others, a condition that:

• any person carrying out mining operations on the land rectify any injury to its surface or anything on the surface;
• if default is made in rectifying the injury, the person having the control and management of the land may carry out the necessary work and recover the cost;
• mining operations are to be forfeited to such depth below the land surface as may be specified;
• the person carrying out mining operations is to lodge with the Minister a security to cover the probable cost of repair work;
• compensation is to be assessed in accordance with the Act and is to be paid to the person having the control and management of the land affected for any loss or damage caused by the mining operations.

Under the entry permit provisions of the AAPA Act the Minister for Aboriginal Affairs has the final power to grant or refuse a right of entry onto proclaimed Aboriginal reserve lands.

ABORIGINAL HERITAGE ACT 1972 (WA)

The provisions of the Aboriginal Heritage Act are dealt with below. They are particularly relevant to controlling mining upon sites of importance to Aboriginal people. In particular, excavating, destroying, damaging, concealing or in any way altering an Aboriginal site is an offence except with the authorisation of the Trustees of the WA Museum or the consent of the Minister for Aboriginal Affairs.

PETROLEUM ACT 1967 (WA)

Section 15(2) of the Petroleum Act allows reserved land to be declared, by proclamation, Crown land for the purposes of the Act. Again, an entry permit is required from the Minister for Aboriginal Affairs prior to entering an Aboriginal reserve for petroleum exploration or mining purposes.

ROYALTIES

Under the AAPA Act the ALT may receive, for the benefit of Aborigines, any rental, royalty, share of profit or other revenue that may be negotiated or prescribed in relation to the use of reserved lands or the natural resources of that land, subject to the approval of the Treasurer.

The table overleaf sets out the amounts approved by the Government to be payable to the ALT from royalties and fees received from exploration and mining on Aboriginal reserve land.

As a general rule the ALT allocates monies obtained from mining royalties and fees as follows:

• 40% is retained by the ALT;
• 30% is paid to the community where the mining operations occurred; and
• 30% is paid to communities and organisations in the general area of the mining operations, but is not limited to the particular reserve on which the mining operations were conducted.

Proportion of Annual Royalties and Fees Payable to the Aboriginal Lands Trust

• Up to $100,000, 100% of the amount of royalties paid.
• $100,000-$250,000, $100,000 + 50% of excess over $100,000
• $250,000-$500,000, $162,500 + 30% of excess over $250,000
• $500,000-$1 million, $240,000 + 15% of excess over $500,000
• $1 million and over, $320,000 + 5% excess over $1 million