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More about changing land interests

Does the Mining Act affect changes in interest in land?

Yes. In some situations the Department of Mineral and Petroleum Resources may not agree with a change in the type of interest in land held. It may not agree because the proposed type of interest and the land use may restrict access for prospecting and mining purposes. However, each parcel of land is treated on its individual merits. Reserves and leases located in built-up town areas are more likely to be converted to another form of tenure than those which are more remote.

What other clearances are needed to change to a different interest in land?

A range of approvals are needed before the interest in land can be changed to a different type.

These may include approvals from the local government authority, the Department for Infrastructure and Planning, Department of Environmental Protection, Department of Conservation and Land Management, Department of Mineral and Petroleum Resources and service authorities (such as the Water Corporation, Western Power and Alinta Gas).

Where there is a change of interest in land the Native Title Act requirements must be met. Also Aboriginal heritage matters under the Aboriginal Heritage Act will need to be considered.

ALT and DPI can apply for the necessary approvals and consult with the Aboriginal communities where necessary. But it may be that the Aboriginal community wants to negotiate an Indigenous Land Use Agreement for itself.

Last modified: 03 May 2010
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