Retention licence application kit

1. Complete, for each applicant, surname, given names, title and date of birth details. Alternatively, if the applicant is an incorporated company, enter the Name of Incorporated Company and ABN (Australian Business Number).
   
   Applications made by a company must be accompanied by a list of directors (including their respective date of birth details) and a copy of the certificate of registration of the company.
   
   At the time of lodgement the applicant(s) for a licence must be a legal entity. Applications made under trading names are not acceptable. As a company does not come into existence until incorporation, applications made by an unincorporated company will be invalid.
   
   If the applicant is a registered company, it must give its registered business address. If the applicant is an individual, they must give a physical address (e.g. street number and name). A Post Office (PO) Box address is not acceptable but may be used for the correspondence address.
   
   If there are more than two applicants, please indicate and include details of these applicants on a separate page attached to the application.
2. Applications made by agents or other persons on behalf of companies or individuals must be accompanied by a signed authorisation by the applicant(s) to act on their behalf with respect to the licence application. If this is not done, the application will be invalid and will not be accepted.
   If the agent is acting for the applicant(s) on more than one licence application, a copy of the authorisation must accompany each new application, and the original authorisation must be lodged with the department.
3. Indicate if the agent is to be the contact point for all enquiries regarding the application.
4. If the contact address for correspondence differs from the business address, complete the address for correspondence regarding this application. If the agent is to be the usual contact point for all enquiries regarding this application, enter the agent's address here.

1. Quote the name(s) of the 1:25,000 Mapsheet(s) over which the application area extends. These maps can be obtained from the Earth Resources Information Centre.
2. Obtain a print-out of the application area of the relevant portion of the 1:25,000 Mapsheet from the department. This will benefit you because it will show all areas which are unavailable for a retention licence or that require particular consents (eg. existing exploration licences, certain Crown land, etc.). Mark the area you are applying for on this map to assist in identifying the area of the application.
   
   Note: a Geocentric Datum of Australia 1994 (GDA) map grid showing the area covered by the application must be supplied with the application. Attach information that demonstrates that the area applied for is only land which may be required for the purposes of mining a mineral resource in the future.
3. Calculate the area covered by the application, in hectares, and enter it in the application.

Under the Native Title Act 1993 (NTA) you are required to comply with the Right to Negotiate provisions of the NTA or reach an Indigenous Land Use Agreement.

A booklet Information regarding the processing of mineral tenements under the Native Title Act 1993 is available from the department.

This information is intended as a guide only and is not legal advice. Please rely on your own legal advice about native title prior to making decisions about your interests.

Option 1: Excise all Crown land except those areas where native title has been extinguished

If you have chosen option 1, then your application is assessed to ensure that the requirements of the relevant sections of the MRSDA have been met.

Options 2 and 3: Applications with Crown land (other than Crown land where native title has been extinguished)

If you have chosen option 2 or 3 you need to meet the requirements of both the MRSDA and the NTA. These processes are conducted in parallel and both must be completed before the licence can be granted.

Option 4: Applications with Crown land where there is a relevant land use agreement under the TOSA

If you have chosen option 4, you need to meet the requirements of both the MRSDA and the TOSA. These processes are conducted in parallel and both must be completed before the licence can be granted.

If the application area lies within either a granted or applied for Exploration Licence or Prospecting Licence held by another party, indicate this in the application. You must obtain written consent from the licence holder/applicant for you to hold a retention licence within the licence/application. You will need to attach the consent to the application.

Details of existing licences can be obtained from the Earth Resources Information Centre or GeoVic.

Complete the table, inserting your proposed major work activities and expenditure for each year of the term being applied for (leaving blank those years not being applied for).

The estimated expenditure proposed over the life of the licence should equal the summation of the individual yearly work activity costs.

Include all work program commitments and milestones.

Insert estimated CAPEX should full scale mining occur and an estimated extraction rate. This information will assist in the assessment of your proposed work program, which is a key aspect to the overall application assessment.

Documents addressing these points in greater detail should be attached to the application upon lodgement.

In order to comply with the provisions of section 15(6)(d) of the MRSDA relating to the applicant's ability to finance the proposed work and rehabilitation of the land, the following information is required to support the application:

Company (with an audited financial statement):

• Net equity (obtained from the balance sheet of the audited financial statements);
• Professional expertise in lieu of expenditure (refer to note below);
• Line of credit from a recognised financial institution; and/or
• Prospectus (must be underwritten).

In completing the application, you are required to enter in the amounts against each field. In respect to audited reports, you only need to write down the Net Equity figure.

Individual or Company (without an audited financial statement):

• Bank statement (no older than six months);
• Professional expertise in lieu of expenditure (refer note below);
• Line of credit from a recognised financial institution;
• Prospectus (must be underwritten);
• List of Plant and Equipment owned by applicant and to be used for the purpose to which the application applies; and/or
• Share certificates.

In completing the application, you are required to enter in the amounts against each field. In respect to providing a bank statement, the applicant must advise of known liabilities that will affect the balance of the bank statement within a twelve month period. The reserves the right to seek from the applicant a copy of an updated bank statement at any time during the life of the licence.

The department measures your 'Net Financial Position' against the required expenditure for the application if granted for the first two years (i.e. the 'Net Financial Position' must exceed the required expenditure). Only the above information will be accepted as demonstrating the applicant's ability in meeting section 15(6)(d) of the MRSDA.

All information relating to financial details must be no older than six months at the time the information is submitted. You must disclose whether any of the applicants is an undischarged bankrupt, is in receivership or is under administration. If so, it will be recommended that the licence not be granted.

Provide details of the field of expertise of person(s) undertaking the retention licence program, including the applicant's expertise and any technical advisors to be engaged (eg. geologist, engineer).

If these advisors are not employees of the applicant, you should indicate so in the place provided on the form. A statement, signed by the technical advisor and agreeing to act for the applicant, must be provided with the application form.

If requested, the applicant should be able to provide evidence of their advisors' qualifications and a copy of their Curriculum Vitae.

Indicate your experience, or the availability of such experience to you, in exploration, project evaluation and development activities and mining activities.

Attach details or supplementary documents as necessary to provide information. This information might be important if the department is required to determine the merits of a competing application.

The matters to be considered by the Minister in determining whether a person is fit and proper are outlined in the overview section of the application kit.

In considering these matters the Minister must take account of the circumstances that led to the action, the nature of the offence, the penalty imposed and when the action was taken or the offence committed.

The fit and proper requirements extend to associates of licence applicants. An associate is defined as a director, partner, trustee, executive officer, secretary or any other officer or person associated or connected with the ownership, administration or management of the applicant's business.

In determining whether a person is fit and proper, the Minister is not limited to consideration of the matters above.

The identification of a mineral resource is a precondition for the grant of a retention licence.

You will need to include a Mineralisation Report which details:

• The type of mineral;
• An analysis of the economic viability of mining;
• The location, depth, quantity and extent of minerals;
• The method that determined the extent of the minerals;
• Analytical results obtained from samples of minerals; and
• Evidence that the Mineralisation Report was prepared by a competent person

The mineral resource identification requirements will normally use Australasian Joint Ore Reserves Committee (JORC) standards. For the granting of a retention licence, a minimum of an inferred resource as defined by JORC must be established within the area covered by the retention licence application.

However, in some circumstances an alternative standard of mineral resource identification may be accepted (refer to the Ministerial guidelines).

The description of the mineral resource must also include an analysis of whether there is a reasonable prospect that mining of the mineral resource will be economically viable.

Demonstration that the mineral resource is not currently economically viable to mine would generally be satisfied by a description of the further evaluation work still required to establish the viability of mining.

Demonstration that the mineral resource could become economically viable to mine in the future would generally be satisfied by an assessment that considers matters such as the grade, scale and depth of the resource and the marketability of the mineral(s). Refer to the Ministerial guidelines for further details.

The mineralisation report must be prepared by a competent person (see sections 15(1BA) to (1BG) of the MRSDA and Regulation 12 of the MRSDMIR). The application must include the following details of the competent person:

• Their full contact details, including correspondence address, phone details and email address;
• Their relevant professional organisation membership/s; and
• Their relevant experience in mineral resource assessment and development.

A competent person, as prescribed in the MRSDMIR, means a person who has:

• Membership of an organisation approved by the Department Head that is of a class approved by the Department Head. Such organisations and memberships include:
  • Member of Fellow class membership of the Australasian Institute of Mining and Metallurgy;
  • Member or Fellow class membership of the Australian Institute of Geoscientists;
  • Membership of any other organisation and class as listed in the Victorian Government Gazette (PDF).
• a minimum of five years experience which is relevant to the style of mineralisation and type of deposit under consideration and to the activity which that person is undertaking; or
• in the case of a mineral deposit that is easily and readily assessed visually at the ground surface, a person who the Minister has determined on a case by case basis, has the relevant experience in mining or mineral exploration appropriate to the described mineral resource.

The application must include information about your work program. A work program details the work proposed and should address the points listed on the application form and outlined in the Retention Licence guidelines.

The details of the work program, together with proposed likely expenditure under the licence, will form a key part of the licence conditions.

For further guidance, refer to the Retention licence guidelines.

You must also indicate the primary mineral to which the application relates. If the inferred resource contains more than one type of mineral resource, indicate the pre-dominant mineral resource.

The mineral resource identification requirements will normally use Australasian Joint Ore Reserves Committee (JORC) standards.

For the granting of a retention licence a minimum of an inferred resource as defined by JORC must be established within the area covered by the retention licence application.

However, in some circumstances an alternative standard of mineral resource identification may be accepted (refer to the Ministerial Guidelines).

Indicate your preferred annual reporting date from the options on the form (31 March, 30 June, 30 September or 31 December). It will be specified on the licence document.

Once a licence is granted, the annual Activity and Expenditure Return and the annual Technical Report must be submitted within 28 days after the specified reporting date (Regulation 53). Failure to submit the annual reports by the due date may result in an infringement notice being issued.

Licence holders may be required to submit documentation relating to pre-feasibility studies or other technical and economic studies that have been undertaken, including summaries of the findings and independent verification by a suitably qualified person that the studies meet acceptable industry standards.

Calculate the appropriate fee. The application must be accompanied by the correct fee or it will not be accepted.

Since 1 January 2015 flat application fees have applied for all licence types. The correct application fee must be submitted with the licence application.

Fees and charges are varied from time to time, so it is important to refer to the current version of the MRSDMIR at the time of application.

See our Fees and charges.

Advice is available upon request from the department's offices including the Earth Resources Information Centre. If paying by cheque, make cheques payable to 'Department of Jobs, Precincts and Regions'.

Attach a survey of the land proposed to be covered by the licence. The full requirements are set out in sections 26AR to 26AV of the MRSDA and Regulation 24 of the MRSDMIR.

When submitting the application, you must attach:

• A map showing the area covered by the application; and
• The application fee; and
• The Mineralisation Report and the proposed work program/plan;
• Survey of the land proposed to be covered by the licence; and
• Evidence of financial capacity.

Depending on your answers to the questions, you may also need to attach the following:

• A list of directors of the company including date of birth details;
• A copy of the certificate of registration of the company;
• Signed authorisation from the applicant for an agent to act on their behalf;
• A statement by non-employee advisors of their agreement to act as advisors for this application; and/or
• Other attachments such as audited reports to the Australian Stock Exchange or other evidence of financial capacity to fund the proposed expenditure.

Indicate in the place provided on the application whether the application is accompanied by each attachment.

The application is invalid and will not be accepted if these items are not supplied where they are required.

Before you sign the declaration, ensure that:

• You have answered every question;
• All the information you have given is true and correct to the best of your knowledge;
• You have attached all the required supporting documentation; and
• You have attached payment for the appropriate fee.

All applications must be signed. If the application is in joint names, then all parties or their authorised representative(s) must sign the application form.

If one or more of the applicants is a Company, applications made by a Company must be signed by a Company Director or Company Secretary, or alternatively by a person who can provide written evidence that they are authorised to act on behalf of the Company with respect to that application.

Each signature should have the name and position of the person in the Company (if applicable) clearly printed. Ranking is given according to the day the application is received by the Earth Resources Information Centre, Melbourne.