Additional Information for Landholders (Owners and Occupiers
What is an Exploration Licence, and what does it involve?
An exploration licence provides the explorer with sole rights to search for minerals within the licence area. An exploration licence does not permit the explorer to mine for minerals, nor does it guarantee that a mining licence will be granted over the licence area. For exploration to be undertaken on a licence, the explorer is required to comply with more than 20 laws which are designed to protect the environment, Indigenous heritage, non-Indigenous heritage, water, land, Native Title, flora and fauna, biodiversity, water catchment and communities. Exploration is defined as “a range of activities to help determine if there are minerals under the ground. If the exploration process identifies minerals can be commercially extracted, then mining in the future may be possible.” Less than one percent (1%) of exploration projects progress to a mining operation. As the earth’s population and technology develops, the requirement/dependence for specific minerals change, as such some minerals previously considered ‘uneconomic’ through past mineral exploration and mining, may now be regarded as ‘economic’, and considered prospective for future exploration. The exploration process typically targets large areas initially, which are systematically reviewed and explored through office-based activities and limited surface investigations. As the exploration process develops, and specific exploration targets are identified, the area of exploration becomes more focussed on specific, smaller target areas. As the specific, smaller target areas are identified, exploration methods will be more detailed and may include more ground intrusive work.
Exploration for mineral resources will typically include the following, but not limited to:
• Research of past activities in the licence area
• Geological mapping
• Collecting samples for chemical analysis of minerals
• Surveying methods of the licence area through either surface or air techniques • Drilling
The requirements of an Exploration Licence holder Exploration companies have a duty to:
• Consult with the landholder or resident
• Manage environmental impacts
• Consider public safety and land use concerns
• Negotiate access and/or have compensation agreements in place with landholders
• Share information on any activities authorised under the licence
• Provide the community with a reasonable opportunity to express views about those activities
• The licence holder needs to take all reasonable measures to: Minimise the impacts of drilling operations
• Protect the environment, human health, and services
Exploration operations are overseen by the Earth Resources Regulation, which ensures that exploration activities occur legally, regulating the exploration industry and supporting communities in which exploration is undertaken. For Victoria, minerals exploration is managed under the Mineral Resources (Sustainable Development) Act, 1990 (MRSDA) and the Mineral Resources (Sustainable Development) (Mineral Industries) Regulations, 2019(MRSDMIR). Exploration companies are required to comply with a Code of Practice for minerals exploration. Information relating to the regulation of the minerals exploration industry can be obtained from: https://earthresources.vic.gov.au/legislation-and-regulations Upon EL007544 and EL007545 being granted by the Victorian Department of Jobs, Precincts and Regions, Victoria it will be valid for a period of five years, with the option to apply for renewal for a further five years. It is a requirement of an exploration licence that compulsory relinquishment of the original licence area be undertaken at the second anniversary (25%), fourth anniversary (35%), seventh anniversary (20%) and the tenth anniversary (10%).
Can I object to or comment on the granting of an exploration licence?
Any person may object to, or comment on an exploration licence being granted, provided that the licence application is new, and not a renewal of the licence. Any objection or comment in relation to the exploration licence must be in writing, include the grounds on which it is made (relevant to the legislative provisions), and be sent to the appropriate government representative within 21 days after the latest date on which the licence application was advertised. All objection and comments received are considered by the appropriate government representative before a decision is made on whether to grant the licence. As a result, additional conditions may be imposed on the licence. These may relate to technical requirements but can also include issues that are of community concern. Information on the location of exploration, retention, prospecting and mining licences and their location to your area of interest can be located at Mining Licences Near Me: https://earthresources.vic.gov.au/licensing-approvals/location-of-mining-petroleumlicences/mining-licences-near-me
Can an Exploration Company access my land?
Prior to any exploration company entering or undertaking work on any freehold (private) land it is a requirement that the company has the consent of the landowner and occupier. Consent may consist of “Informed Verbal Consent” or a “Written Compensation Agreement”. Oro Plata has determined that in managing impacts to the community and landholders/occupiers, that prior to entering, or undertaking work on any private land that the Company will seek a written consent Agreement and or written compensation Agreement with the landholder and occupier. In approaching the landholder and occupier to obtain the required consent, Oro Plata will provide:
• The nature, extent, duration, conditions of access and potential impacts of the work proposed to be undertaken should Oro Plata be allowed access to the land
• Any compensation that may be payable for the loss or damage that may be, or has been sustained as a result of the proposed exploration
• That exploration work can only be undertaken on private land with the landholder’s consent
• Information for the landholder on any consent Agreement relating to the private property, outlining the requirements to be met by Oro Plata, and providing information relating to the rights of the landholder and regarding dispute resolution
Prior to Oro Plata seeking the consent of the landholder to enter private land, the Company will consider all available factors to determine appropriate access and the undertaking of any proposed work. This may include, but not limited to factors such as: livestock present on the land, the duration of the required land access, impact of the proposed activities on the surface and subsurface, location of proposed exploration activities in relation to features (watercourses, dams, buildings, livestock), time of year in which proposed access is sought (fire, crops, livestock seasons), any rehabilitation that may be required, access paths/routes to locations sought and impact of activities (livestock, residences, communities, environment). Exploration or access to private property is not permitted without consent of the landholder.
Compensation may be payable to the landholder for access and exploration. This is determined through Agreement between the explorer and the landholder. A landholder and/or occupier can provide consent without receiving compensation. In determining a compensation Agreement, compensation is not paid for any minerals found on the property. Minerals are the property of the Crown, which owns the minerals on the behalf of all Victorians. All parties involved in the reaching of a consent or compensation Agreement are entitled to seek independent advice in relation to the Agreement. Oro Plata will maintain regular communication with the landholder and communities regarding Agreements. Where possible this may avoid the potential for any future disputes, in the case that a future dispute arises, either the landholder or explorer can refer the matter to the Mining Warden or Victorian Small Business Commission for Alternative Dispute Resolution
Community Engagement and Consultation
Community Engagement is the interaction between stakeholders aimed at using community input to assist in making decisions. The stakeholders are usually landholders, residents, government, and the minerals exploration company, however, may include other organisations to be determined. Community Engagement is discussion between the stakeholders where the communities can have input into the proposed exploration operations. Oro Plata is committed to open and effective communication with community groups, landowners and occupiers and organisations regarding the proposed mineral exploration of the Company. A Community can be broad and diverse, depending upon the location. It usually consists of landowners and occupiers with a relationship to the tenement area, may include organisations that have an association with the land proposed to be explored (example – Crown Land users) and regulatory authorities. There is no specific definition of what constitutes a Community for an exploration project, the organisations and individuals forming a Community will vary for every exploration project. Community Engagement is often a 'live' process which will change as the exploration project advances and develops. Community Engagement also needs to be flexible and transparent to conform to the community needs. When an exploration company prepares a Work Plan to progress with proposed exploration work, it is a requirement that the exploration company has a Community Engagement Plan. The contents of a Community Engagement Plan need to identify the Communities in which exploration is planned and outline all the aspects of engagement at each stage of the exploration project. The content of a Community Engagement Plan will vary on the communities in which exploration is proposed, and the activities intended to be undertaken. The minimum requirements for a Community Engagement Plan are detailed in Schedule 13 of the MRSDMIR To operate a successful exploration program Oro Plata considers consultation with the Community as an essential prerequisite, this involves seeking, listening, and considering feedback from the Community.
It is a requirement that Oro Plata consults with the community, involving:
• Informing the Community about any activities authorised by the licence that may affect the community
• Providing the Community with the ability to express their views.
Consultation may include, but not limited to:
• face to face meetings
• notice boards
• fact sheets
• telecommunications
• written electronic surveys
• media advertising
• public meetings, and
• submissions from public exhibitions or online.
Environmental Consideration
For Oro Plata to operate successfully, careful consideration is required regarding the environment in which we intend to operate. The MRSDA and MRSDMIR contain strict provisions relating to the activities which Oro Plata can undertake, in addition a large number of supporting legislation (environment, water, planning, flora and fauna etc) is in existence which details what may be allowed by the Company in the undertaking of exploration. Prior to the commencement of any ground intrusive work on an exploration licence, the explorer is required to lodge a rehabilitation bond, considered sufficient to cover the disturbance from the proposed exploration activities. Additional approvals may be required under the Environment Protection Act, 1970 and the Water Act, 1989. In undertaking exploration work, Oro Plata is required to comply with the Earth Resources Regulation Code of Practice for Mineral Exploration (https://earthresources.vic.gov.au/legislationand-regulations/guidelines-and-codes-of-practice/code-of-practice-for-mineral-exploration) as a minimum standard. This code provides practical guidance on regulatory requirements and environmental standards for exploration through the State of Victoria. Should Oro Plata propose to undertake ground intrusive works through the exploration licence area, it may require the preparation and approval of a Work Plan prior to the commencement of work.
In preparing a Work Plan Oro Plata will be required to consider, and manage risks in relation to the following:
• Dust, noise, and light emissions control
• Drainage and discharge control
• Erosion control
• Noxious weed and pest control
• Removal or restoration of native vegetation
• Impact to flora and fauna
• Progressive and final rehabilitation
• Groundwater protection
• Surface water protection
• Community impact
• Safety to the public and public infrastructure
• Indigenous and non-Indigenous heritage impact
• Seasonal concerns (fire, floods, high wind seasons)
In certain Crown Land areas (i.e. Restricted Crown Land) it is required to obtain further consent of the relevant Minister. The rehabilitation of all exploration sites is a requirement for all exploration companies to consider. Oro Plata is obligated to manage the rehabilitation of exploration sites at the completion of exploration, and beyond the completion of the exploration program. The rehabilitation of proposed exploration sites and consideration to the long-term future rehabilitation requirements must be commenced at the earliest stage of exploration, this will benefit the long-term planning and exploration of a project area.
