Western Australia (WA) is a significant mining province, accounting for over 50% of Australia’s mining activity (DEED, 2025a; DMPE, 2025a). In WA more than 50 minerals are extracted—such as lithium, iron, gold, nickel, and rare earths—many of which are vital for manufacturing renewable technologies like solar panels, wind turbines, and electric vehicles (DEED, 2025b). Any exploration or resource development requires the correct type of tenure, to legal access land that contains these mineral (DMPE, 2025b). The framework that established this tenure is Mining Act 1978 (WA) which managed by the Department of Mines, Petroleum and Exploration (DMPE, 2025c).
Types of Mining Tenure
There are six main types of mining tenure: Prospecting, Exploration, Retention, and Miscellaneous Licences, alongside Mining and General Purpose Leases (DMPE, 2025b). An applicant’s choice of tenure depends on the specific project activities proposed. Each category is subject to unique conditions, including restricted activity areas, defined operational terms, and extension eligibility (DMPE, 2018).
Prospecting Licences enable the holder to explorer for minerals and to extract or disturb up to 500 tonnes of material, higher tonnage can be approved by the Minister for Mines and Petroleum (the Minister) (DMPE, 2025d). If an individual proposes to extract gold, they require a Special Prospecting Licence (DMPE, 2016). Holders of a Prospecting Licence are restricted to exploration or mining activities within a 200ha area, with the licence valid for four years; a single extension of four years is permitted (DMPE, 2025d). In comparison, a Special Prospecting Licence covers a maximum of 10ha with a maximum depth of 50m, unless otherwise stated, or a greater depth is approved by the Minister (DMPE, 2016). The licence then lasts either for three months or for any period that is a multiple of three months, up to a maximum of four years, and cannot be extended or renewed. Individuals are allowed to hold a maximum of 10 Special Prospecting Licences, while there is no maximum for the number of Prospecting Licences an individual or company can hold (DMPE, 2016; DMPE, 2025d).
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Exploration Licences permit an individual or company to explore for mineral and to extract or disturb up to 1,000 tonnes of material (DMPE, 2018). The activity area can be between one and 200 blocks unless the area has been designated as a mineralised zone, (Figure 1) at which point, the maximum size is 70 blocks. The Earth has been divided into graticular sections, which are one minute of latitude by one minute of longitude, with a full or part graticular section defined as a block (DMPE, 2013). An Exploration licence is valid for five years, with a possible extension of five years, and a further two years afterwards permitted (DMPE, 2018).
Mining Leases allow someone to carry out all the necessary work for a mining operation, including working and mining the land, and taking and removing minerals (DMPE, 2025e). Prior to 2006, the maximum area for a Mining Lease was 1,000 ha, now the size of a Mining Lease is not limited, the area associated with a Mining Lease is now linked to the area of the identified orebody and the land required to established and operate the mine. A mining lease is granted for 21 years and can be renewed for further terms (DMPE, 2025e). There is no limit to the number of Mining Leases that can be held (DMPE, 2018).
In the event a resource is identified on a Prospecting Licence or Exploration Licence granted before 10 February 2006, or on a Mining Lease, but it can’t be further explored or mined, a Retention Licence can be used as a holding title (DMPE, 2018). Prospecting Licences or Exploration Licences granted after 10 February 2006 can instead apply for retention status. A Retention Licence can cover either part or the full licence/lease area, with no maximum limit for the size (DMPE, 2018). The licence is valid for five years and can be renewed for periods of five years (DMPE, 2018).
General Purpose Leases permit general activities such as operating machinery, or depositing or treating tailings in a 10ha area, with approval for a larger area possible from the Minister (DMPE, 2018). Activities carried out on a General Purpose Lease cannot exceed 15m below ground or the depth specified on the lease. There is no limit to the number of leases that can be held with a lease valid for 21 years; it can be renewed for further periods (DMPE, 2018).
Miscellaneous Licences allow for a range of activities that must relate to mining, as detailed in the Mining Regulations 1981 (WA) (DMPE, 2018). These activities include roads, pipelines, a meteorological station, bore/borefield, workshop and storage facility or power line (Mining Regulations 1981 (WA) s.42B). The area for a Miscellaneous Licence can be as large as necessary, and overlap and co-exist with other mining tenements (DMPE, 2018). A Miscellaneous Licence is valid for 21 years and can be renewed (DMPE, 2018).
Land Available for Mining
Mining activities are not permitted on all land; certain permissions are required for specific types of land (Mining Act 1978 (WA) Part III). For example, under section 24, mining on Commonwealth land requires the Minister to consult with and obtain approval from the Commonwealth Minister for Environment and Water before granting consent. Mining in State forests or timber reserves within the South West Mineral Field requires consent from the Minister and Regional Department of Biodiversity, Conservation and Attractions (DBCA) officer (DMPE, 2025f). Similarly, mining in the Esperance or Ravensthorpe Municipal District, any class A reserve within the South West Land Division, a class A nature reserve or national park (Figure 2) requires approval from the Minister and the Minister responsible for the land. For any reserves managed by DBCA, consent for mining must be received from the Minister for Environment (DBCA, 2025).
Mining in marine reserves requires the Minister to consult and receive approval from the Minister for Environment (Mining Act 1978 (WA) s.24A). The Minister for Fisheries and Minister for Transport must also be consulted to provide recommendations on the terms and conditions of the mining tenure. However, permission is not granted for any disturbance to land within a restricted area, including the seabed and other land under the water, or to the subsoil to a depth of 200m (Mining Act 1978 (WA) s.24A). Restricted areas include a marine park classed as a sanctuary area, recreation area or special purpose area declared by the Minister for Environment, or a marine nature reserve.
Generally mining on Crown land is permitted, however, there are instances where it is not authorised such as when the land is designated for public utility or as a townsite under the Land Administration Act 1997 (WA) (Mining Act 1978 (WA) s.18). Similarly, granted Crown land that doesn’t include a pastoral lease, diversification lease or a lease for timber purposes or for Aboriginal People to use is not authorised for mining activities. Crown land already reserved for mining cannot include a secondary tenement unless the additional tenement is a Miscellaneous Licence or a Special Prospecting Licence (DMPE, 2018). Despite this, Special Prospecting Licences can only be held within a Prospecting Licence or Exploration Licence which has been granted for at least a year, or with permission from the Mining Lease holder; in this circumstance, the Prospecting Licence, Exploration Licence or Mining Lease are termed the ‘primary tenement’. The holder of a Special Prospecting Licence then needs to ensure its activities won’t impact on the primary tenement holder’s activities (DMPE, 2025g).
Land can be protected from mining through matching set criteria, with written consent from the landowner required prior to undertaking any mining activity. Protected land includes any land which is (Mining Act 1978 (WA) s.19):
- Under crop or within 100m of crops;
- Used as or within 100m of a yard, stockyard, garden, cultivated field, orchard (Figure 3), vineyard, plantation, airstrip or airfield;
- Within 100m of occupied land or an erected building, such as a house;
- A cemetery or within 100 m of a cemetery;
- A permanent electrical or fibre optic cable or within 100m;
- Under a diversification lease which has or is within 100m of a structure proposed for mining; or
- Under a pastoral or diversification lease that has or is within 400m of the outer edge of a water work, dam, well or bore, which has not previously been made and used for mining purposes.
The Minister can also exempt any land not privately owned or currently under mining tenure or an application from all mining activities or a specified mining purpose (Mining Act 1978 (WA) s.19). The exemption is in force for two years and can be renewed for further periods of two years, with a list of the exempt land published in the Government Gazettes.
Marking Out Mining Tenure
For Prospecting Licences, Special Prospecting Licences, Mining Leases or General Purpose Leases, the land must be marked out prior to applying for the tenure (DMPE, 2020). Same as for mining activities, ministerial consent is required prior to marking out land in a national park, class A reserve, State forest, timber reserve or Commonwealth land (DMPE, 2025f). Marking out is not required, however, for Exploration Licences (comprised of blocks) or Miscellaneous Licences (although boundaries should be straight where practicable). Retention Licences also don’t need to be marked out, unless specially requested by the Minister (Mining Regulations 1981 (WA) s.23B).
Marking out tenure requires a post fixed firmly in the ground at, or as close as possible to each corner of the tenure boundary (DMPE, 2020). The post can be held with stones if the ground is unsuitable, with at least one metre of the post projecting above the ground; DMPE recommends using standard posts and including flagging tape around the post to make identification easier (DMPE, 2025h). At each post, either cut two clearly identifiable trenches or place two rows of stones in the general direction of the boundary for at least one metre (Figure 4). Once the boundary is marked out, Form No. 20 must be fixed to one of the posts, which is then referred to as the ‘datum post’ (DMPE, 2020). Form No. 20 is available on DMPE’s website (https://www.wa.gov.au/government/publications/form-20-notice-of-marking-out) and must include information on the applicant, type of tenement and total area marked out, datum post location, description of the boundaries and when marking out was completed (DMPE, 2025h). DMPE recommends placing the form in a weatherproof plastic cover on the southern side of the post, with an upturned tin can or PVC pipe attached, and covering the form to minimise exposure to the weather and make identification at a later stage easier. Where surveying has already occurred and the surveyed area matches the proposed tenement boundary, only a datum post with Form No. 20 adjacent a survey mark for the survey area is required (DMPE, 2020).
Applying for Mining Tenure
Mining tenure is applied for through either lodging Form No. 21 at a Mining Registrar office or via the online service Mineral Titles Online (DMPE, 2020). The Form No. 21 is available on DMPE’s website (https://www.wa.gov.au/government/publications/form-21-mining-tenement-application) and requires information on the tenure type, when it was marked out (if applicable), a description of the area, the applicant and a map showing the tenement boundaries. When describing the area, DMPE requires the locality, datum post location, boundaries of the tenement as bearing and distance (starting with the datum post), total area and known existing land affected by or adjoining the tenement (DMPE, 2020). For tenure which has been marked out, the form must be lodged within 10 days of marking out the tenure.
All mining tenure, except a Prospecting Licence or Special Prospecting Licence, requires supporting information with the Form No. 21 (DMPE, 2020). For Exploration Licences, a statement must be provided that details the proposed exploration method, work program, estimated expenditure on the tenement, and the applicant’s technical and financial resources to undertake the work. However, if the applicant proposes to utilise their own labour and the area applied for is at or less than four blocks, then financial resources don’t need to be detailed in the statement (Mining Act 1978 (WA) s.58).
Mining Lease applications can either be accompanied by a Mining Development and Closure Proposal (MDCP) or a Supporting Statement accompanied by a Mineralisation Report or Resource Report (DMPE, 2025e). MDCPs are used when proposing to extract basic raw materials (rock, sand or gravel) and for small-scale mining operations that can’t demonstrate significant mineralisation with exploration results. The form utilised for these small-scale mining operations is different to large-scale operations and is available online at: https://www.wa.gov.au/government/publications/mining-development-and-closure-proposal-small-mining-operations-form. Where the small-scale mining operation has exploration results that demonstrate significant mineralisation, then a Supporting Statement can be utilised (DMPE, 2025e).
A mining operation is considered small-scale when its activities are limited to scraping and detecting (Figure 5), dry blowing or cover a total footprint at or less than 10ha for mining excavations, tailings treatment and overburden dumps (DMPE, 2025i). Generally, however, operations that propose to mine uranium, mineral sands or rare earth minerals are not considered small-scale.
Submission of a MDCP or Supporting Statement locks the applicant into the respective application route (DMPE, 2025e). For example, an applicant who submits a Supporting Statement can’t submit an MDCP for the same tenement to DMPE. Applicants can decide to discuss the best approach with DMPE prior to applying for a mineral lease (DMPE, 2025e). It should be noted, however, that DMPE will not complete a pre-assessment on the application or determine whether there is significant mineralisation at the site.
For Retention Licences, a statement that specifies the proposed work program and expenditure must be provided (DMPE, 2020). A statutory declaration that a mineral resource is present but can’t be mined practically at the moment should also be provided along with a mineral resource estimate, unless already provided to DMPE.
General Purpose Lease applications can be accompanied by either a statement detailing intentions for the lease or a development and construction proposal (DMPE, 2018; DMPE, 2020). For Miscellaneous Licences, details of the work to be constructed, the manner of construction, and any operations to be carried out must be provided within 35 days of the application (DMPE, 2020).
Depending on the underlying land, a copy of the application should be provided to affected people within 14 days of lodging the application (DMPE, 2020). This can include the pastoral lease holder, municipality council, the owner of the private land, all mortgagees recorded and native title claimants. For Miscellaneous Licence applications, the form should also be provided to applicants or holders of affected mining tenements.
Along with providing Form No. 21 and required supporting documents to DMPE, applicants need to ensure they submit Form No. 32 within 28 days of the mining tenure application (DMPE, 2020). The Form No. 32 is available online (https://www.wa.gov.au/government/publications/form-32-security) and must include details on the amount of security the applicant will pay for the tenements. When applying for multiple tenements, a separate Form No. 32 is only required if the mining tenement type is different (DMPE, 2020).
When everything is provided, the assessment period for mining tenure can take approximately 65 business days, with a supporting MDCP reviewed in 30 business days (DMPE, 2025j). Assessment of a Mineral Lease application and supporting MDCP can occur concurrently. Longer assessment timeframes are possible, however, depending on whether DMPE requires additional information from the applicant or input from other government departments (DMPE, 2025j). Complex applications, such as those that require access to culturally important or environmentally sensitive areas, generally involve other government departments’ input (DMPE, 2025j).
Integrate Sustainability Pty Ltd understands the different activities permitted on mining tenure and where mining is authorised. If your company would like more information or assistance with the mining tenure application process, call us on 08 9468 0338 or email us at enquiries@integratesustainability.com.au
WA Mining Tenure PDF
References
DBCA. (2025). Reserve activity management plans for mineral exploration. Retrieved from Department of Biodiversity, Conservation and Attractions: https://www.dbca.wa.gov.au/management/reserve-activity-management-plans-mineral-exploration
DEED. (2025a). Mining and METS. Retrieved from Invest and Trade: https://www.investandtrade.wa.gov.au/our-industries/mining-mets
DEED. (2025b). Western Australia’s battery and critical minerals industry. Retrieved from Government of Western Australia: https://www.wa.gov.au/organisation/department-of-energy-and-economic-diversification/western-australias-battery-and-critical-minerals-industry
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DMPE. (2025b). Mining tenure types in Western Australia. Retrieved from Government of Western Australia: https://www.wa.gov.au/organisation/department-of-mines-petroleum-and-exploration/mining-tenure-types-western-australia
DMPE. (2025c). Mining tenure and petroleum titles. Retrieved from Government of Western Australia: https://www.wa.gov.au/organisation/department-of-mines-petroleum-and-exploration/mining-tenure-and-petroleum-titles
DMPE. (2025d). Prospecting licences. Retrieved from Government of Western Australia: https://www.wa.gov.au/service/natural-resources/mineral-resources/prospecting-licences
DMPE. (2025e). Mining leases. Retrieved from Government of Western Australia: https://www.wa.gov.au/service/natural-resources/mineral-resources/mining-leases
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