Rio Tinto Exploration in Dwellingup
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What is the proposal?
Rio Tinto has applied for 10 exploration applications in the Northern Jarrah Forest (blue areas).
One of the areas is very close to Dwellingup and encroaches upon the Dwellingup Discovery Forest.
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Where do they want to explore?
The exploration area near Dwellingup is application number E 70/6268.
The area is 15,862 hectares in the Murray District and encroaches upon:
Shire of Murray 8,856 ha
Shire of Waroona 409 ha
Shire of Boddington 6,596 ha
The exploration area also encroaches upon 87 ha of the Dwellingup Townsite Boundary.
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You can object (now closed)
Objections closed on 03/10/2022.
Objections are heard through the Warden’s Court.
Objections to applications for exploration licences are dealt with in s 59(1) Mining Act which states:
“A person who wishes to object to the granting of an application for an exploration licence shall lodge a notice of objection ...”.
“Any person is entitled to object to the grant of an exploration licence” [Hunt on Mining Law of Western Australia; 5th Edition at chapter 5.10].”
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What does the warden do?
Exploration licences are not granted by the warden. The warden’s powers are limited to making a recommendation to the Minister.
Once an objection is lodged, the application and objection are heard by the warden who then forwards to the Minister, for the Minister’s consideration, the notes of evidence, any maps or other documents referred to in the evidence together with the warden’s report.
The warden’s report recommends the granting or the refusal of the exploration licence and sets out the warden’s reasons for the recommendation: s 59(5) Mining Act.
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Who grants the exploration license?
The Minister will grant or refuse the exploration licence as the Minister thinks fit, whether or not the warden’s report recommends the grant or refusal of the exploration licence and whether or not the applicant has complied with the Act: s 59(6) Mining Act.
Under s 57(3) of the Mining Act the warden shall not recommend the granting of an exploration licence unless satisfied that the Applicant is able effectively to explore the land.
Under s 24(6A), (6B) of the Mining Act, mining (the definition of which includes exploration under s 8(1)) in state forest requires the written consent of the Minister with the concurrence of the “responsible Minister”.