A revised system for the survey of leases under the Mining Act 1978 came into effect on the 1st July 1991. Several changes were made to the legislation to facilitate the transition to the new system. However the statutory requirement for leases to be surveyed upon grant remains unchanged as the first condition of grant. See Sections 80 and 81 and Regulations 118A, B and C of the Mining Act 1978.
Under the revised system (formerly termed "User Pays") the responsibility for the cost of survey is met by the lessee and the Act allows for grant to take place without the survey being carried out at that time. This concession is only made to provide temporary relief for the lessee from the survey requirement until such time as mining activity is to be carried out or when deemed appropriate under the terms of the Mining Act.
Under amendments to the Mining Act 1978 in 2006 a lease application can only be granted on the basis of a Mining Proposal (MP) or Mineralisation Report submitted at the time of application. Grant of a lease will therefore initiate a direction to survey.
The Department will, from November 1st 2010, require all outstanding granted leases to be surveyed. A programme to clear the backlog will take approximately 6 years to complete. See documents in the 'Documents' section of this page.
Approval for any mining activity must be made to the Director Environment Division, DMP.