The requirements to obtain the consent of the Minister prior to conducting exploration activities in an exempted area recently changed.
Exempted areas are defined in the Mining Act 1992 and Petroleum (Onshore) Act 1991 as lands set aside for public purposes (whether vested in the Crown or in any person as trustee for public purposes). They include travelling stock routes, road reserves, state forests, state conservation areas, public reserves/commons and land held under a lease for water supply.
For exploration on exploration licences and assessment leases under the Mining Act 1992, consent of the Minister is required for activities within the following areas:
-
land within in a state conservation area within an exempted area,
-
other land within an exempted area, unless an access arrangement has been agreed with the relevant landholder(s) – refer to section 140 of the Mining Act 1992.
For exploration on petroleum titles under the Petroleum (Onshore) Act 1992, consent of the Minister is required for activities on any land within an exempted area.
The requirement to obtain the consent of the Minister applies regardless of the type of exploration activity. Furthermore, consent from the Minister must be obtained prior to lodging any application with the Resources Regulator seeking an exploration activity approval.
Applications for Minister’s consent must be lodged using application form AD19 - Application for Minister's Consent.
