New fee for mineral title objections

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.
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 WA.

A differential fee model for lodging mineral title objections before WA’s mining wardens will take effect on September 16.

The introduction of the 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.

The new 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 WA, 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.

Under amendments to the Mining Act 1978 in 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.

WA Mines and Petroleum Minister David Michael says the State Government will continue to support the important principle that any person can object to a mining tenure application in WA.

“Importantly, a single objection before the Wardens Court signed by multiple people carries the same weight as multiple objections lodged individually,” he said.

“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.”

In 2023, the Department of Energy, Mines, Industry Regulation and Safety (DEMIRS) conducted consultation on a proposed fee of $859.

The new differential fee model was decided on following a 12-week public consultation that received more than 300 submissions.