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MINORS RIGHTS / WA SECTION 40E - VOICE YOUR CONCERNS

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Post  Guest Thu Aug 29, 2013 6:12 pm

Something for everybody to think about- be concerned about.
Is your WA minors right issued before or after December 1996?
If prior to this date you are very lucky.
If after this date by information that we have received, it is up to the person applying to determine at there cost if the ground is claimed to be aborigonal ground and if the ground is  'DETERMINED EXCLUSIVE' or 'DETERMINED NON EXCLUSIVE'
This information is not easy to find out and when applying for section 40E's the WA tengraph system will not show you any of this.
The Dept. of Mines and Petroleum will process your section 40E and then they will let you know if the ground is 'DETERMINED' ground.  
Moneys payed for section 40E are non refundable.
The people who run these permits say that cost to find out about ground is approx $140.00 per hr.

We should be voicing our concerns to Dept. of Mines and Petroleum and government ministers about this issue.
If your minors right was issued before Dec. 1996 the permit was a bit more open in allowing damages to ground - this is how was explained to us.

Have any other prospectors encountered this - or is it something new and being slipped in under our nose's quietly.

Bringing this to fellow prospectors, for information and feedback to Dept of mines and petroleum.

travelergold

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Post  Guest Thu Aug 29, 2013 6:17 pm

Thanks for the information. Sounds like this is an issue we all need to get behind. Surely this info could be integrated within the ten graph system. And not having a refundable scheme is also plain silly. I hope there is a good reason for this and it's not just stupidity or simply not caring about the people. Cheers

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Post  davsgold Thu Aug 29, 2013 6:36 pm

travelergold wrote:Something for everybody to think about- be concerned about.
Is your WA minors right issued before or after December 1996?
If prior to this date you are very lucky.
If after this date by information that we have received, it is up to the person applying to determine at there cost if the ground is claimed to be aborigonal ground and if the ground is  'DETERMINED EXCLUSIVE' or 'DETERMINED NON EXCLUSIVE'
This information is not easy to find out and when applying for section 40E's the WA tengraph system will not show you any of this.
The Dept. of Mines and Petroleum will process your section 40E and then they will let you know if the ground is 'DETERMINED' ground.  
Moneys payed for section 40E are non refundable.
The people who run these permits say that cost to find out about ground is approx $140.00 per hr.

We should be voicing our concerns to Dept. of Mines and Petroleum and government ministers about this issue.
If your minors right was issued before Dec. 1996 the permit was a bit more open in allowing damages to ground - this is how was explained to us.

Have any other prospectors encountered this - or is it something new and being slipped in under our nose's quietly.

Bringing this to fellow prospectors, for information and feedback to Dept of mines and petroleum.

travelergold
I think your a bit confused here, a WA miners right is just that, it's got nothing to do with 'DETERMINED EXCLUSIVE' or 'DETERMINED NON EXCLUSIVE'

You need a WA miners right to be able to apply for a section 40e permit or to peg a Prospecting claim etc.

The 2 things are totally different, you need the first one, ie: a WA miners right to be able to do any of the other things.

cheers dave
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Post  Guest Thu Aug 29, 2013 6:40 pm

This site shows you restricted aboriginal heritage sites.

http://maps.dia.wa.gov.au/AHIS2/default.aspx

Goldgeo

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Post  Guest Thu Aug 29, 2013 7:01 pm

Sorry Dave but we are not confused.
This has just happened to us and the Dept of Mines agree's with us, there are anomulies (sorry for spelling).
When you apply for a section 40E that does not mean you will automatically be granted same for a number of reasons.
Just letting others out there know that this is one hidden section that will stop you getting a section 40E.
The 'Determined exclusive' or 'determined non exclusive' relates to how aborigonal ground is listed and how it will affect your section 40E depending on when your miners right was issued.
Depending on date of issue for miners right does have differences of what you can apply for or not apply for.
Good luck to all prospectors that got there miners right before Dec, 1996
We do have full info for our aplication but do not want to show fully for reasons protecting our interests.
travelergold

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Post  Guest Thu Aug 29, 2013 7:31 pm

goldgeo, great site.  This site does not show native title or similar on the area we applied for.
The guy we spoke to after being put through many people in Dept. of mines agreed with us that in our instance he felt sorry for and that there will be more people in same boat as us as time goes by.
He did tell us to write to head office and politicians to try and get some assistance. He agree'd with us.
Apparently some one else in the same position as us took there case to some court (cannot remember exact court) for ruling. They lost there case.
Just annoys us that if we apply for permit and they accept our $'s without letting us know we will never be granted permit- is not right. - and no refund even in unknown circumstances.
If only our permit had been issued before Dec. 1996 we would then have been granted our section 40E.
travelergold


Last edited by travelergold on Thu Aug 29, 2013 7:32 pm; edited 1 time in total (Reason for editing : spelling)

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Post  davsgold Thu Aug 29, 2013 9:22 pm

travelergold wrote:Sorry Dave but we are not confused.
This has just happened to us and the Dept of Mines agree's with us, there are anomulies (sorry for spelling).
When you apply for a section 40E that does not mean you will automatically be granted same for a number of reasons.
Just letting others out there know that this is one hidden section that will stop you getting a section 40E.
The 'Determined exclusive' or 'determined non exclusive' relates to how aborigonal ground is listed and how it will affect your section 40E depending on when your miners right was issued.
Depending on date of issue for miners right does have differences of what you can apply for or not apply for.
Good luck to all prospectors that got there miners right before Dec, 1996
We do have full info for our aplication but do not want to show fully for reasons protecting our interests.
travelergold
I fail to see what bearing the date a WA miners right was purchased has anything to do with a section 49e application.

If you have some link to this info would be good, not just hear say.

If you want to apply for a 40e on aboriginal "heritage" land and spend your $25.00 on the application then in all likely hood it will be rejected and you will loose your $25.00

It is far easier to pick an Exploration area that a mining company has been granted and choose your blocks (up to 10) from that area. A lot better chance of being granted.

Sometimes, not even the DMP staff can explain some of there rules properly, we know this from experience.

cheers dave
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Post  Guest Thu Aug 29, 2013 9:35 pm

To apply for a 40E you must give your miners right number. They must look into it and they told us on the phone what date we applied for it. The date of miners right issue does have some effect for a small amount of permit issues.
Dave, will send you a pm and give you more privy info

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Post  davsgold Thu Aug 29, 2013 9:38 pm

travelergold wrote:To apply for a 40E you must give your miners right number.   They must look into it and they told us on the phone what date we applied for it. The date of miners right issue does have some effect for a small amount of permit issues.
Dave, will send you a pm and give you more privy info
Ok will wait to read your PM thanks

cheers dave
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