Pegging A lease in W.A

[davsgold]

I have been thinking, I would like to learn how to peg a lease but after reading the comments , it seems like it might be a frustrating and difficult process..

that depends if you just want to repeg one that has expired, gone dead, in which case just use the same coordinates that the old one had, which you can get from Tengraph choose which one you want to repeg and go to Tenement register and get the same coordinates

just for an example this is a pending lease


this is the selected pending lease


then go to the DMIRS department like in Kalgoorlie or elsewhere with your money and coordinates

 

[Moneybox]

that depends if you just want to repeg one that has expired, gone dead, in which case just use the same coordinates that the old one had, which you can get from Tengraph choose which one you want to repeg and go to Tenement register and get the same coordinates

just for an example this is a pending lease
View attachment 13069

this is the selected pending lease
View attachment 13070

then go to the DMIRS department like in Kalgoorlie or elsewhere with your money and coordinates

Mmmm... that sounds easy. Of course it can be but too often it's not. I'm off to Mount Magnet now to sort out a minor problem. We don't have a JP in town because he's in hospital so last week we drove to Mount Magnet to sort it out at the Mines Department. That didn't work out because both girls had to be in Geraldton for the day so the office was closed. I googled JP's in Mount Magnet and found three but couldn't raise any of them so I ended up at the police station, it was closed but after knocking the lady opened the door, she was on her own.

Anyway even though a police officer is not listed on the eligible witnesses I asked her and she witnessed my affidavit. Today I got a call to say that she failed to sign the attached registered post slip. Such a simple thing but it's another 160km round trip to waste away my afternoon. Just petty red tape as is most of the process

 

[davsgold]

yes Moneybox, my example was the easiest and most simple that I could come up with, I would need a day and a ten page post to explain the difficult ones to peg. I have worked out coordinates and plotted them in Tengraph a few times, and submitted it online, still need to go to the office in Leonora or somewhere though for the finial once over

We have done a few over the years, none recent, just go for the 40E's mostly now

 

[Aries]

yes Moneybox, my example was the easiest and most simple that I could come up with, I would need a day and a ten page post to explain the difficult ones to peg. I have worked out coordinates and plotted them in Tengraph a few times, and submitted it online, still need to go to the office in Leonora or somewhere though for the finial once over

We have done a few over the years, none recent, just go for the 40E's mostly now

And you still need to physically peg both PLs and SPLs and that has become more difficult due to a recent court decision that all Wardens have to abide by.

 

[Craig west]

Even when you are pretty much aware of the rules that apply, there can be some hidden pitfalls in pegging a lease. I was sitting at the table tinkering with the computer when a friend knocked on the door. This was on the morning of 3rd February this year. He had spotted a vacant patch of crown land and wanted to peg it but need the appropriate paperwork. I printed it off and sent him on his way but he got me interested so I took a look at the patch and sure enough it was vacant crown land.

While I was perusing the leases around here another popped up. It had been a Prospecting lease and had been surrendered. I quickly did my research, it had several old mines and a couple of fault lines passing through the 148 Ha.

View attachment 8203

I wanted to quickly check its history so I accessed the DMIRS website and Mineral Titles Online. There I entered the dead tenement number and went to Dealings. That gave me the reason for the forfeiture a month earlier. I quickly typed out the coordinates and all necessary information on the correct form, grabbed a bundle of pegs and hit the ground a few minutes later.

View attachment 8204

There were footprints on the spot but no pegs as yet so I went ahead and hammed mine in and fastened my paperwork to the datum peg at precisely 11am on 3rd February 2023.

I shot straight home and entered my details into the DMIRS website, paid about $975 and applied for the tenement. My application was quickly accepted and within an hour I was the proud owner of a Pending prospecting lease. It was showing in my name on Tengraph, the DMIRS website.

That's always only the start of a long drawn out process but Mrs M and I have successfully pegged a few leases before so we know the procedures to follow. I had a POW application for another lease and more paperwork on this one so on the morning of the 6th we took a trip to the Mines Department in the neighboring town and got everything processed over the counter with the aid of the mining registrar. With all that in order we felt quite confident we were on the way to acquiring a new Prospecting lease, our biggest so far.

Unfortunately that was not the case. The following day I was visited by a friend who claimed he had prior pegging rights to this lease and two more that my friends had pegged. He had applied for the forfeiture of these three leases, as seen above, on the 3rd of January. It also states there that he has 14 days prior rights to peg. Now by my calculation his 14 days after the outright surrender and registration had well and truly run out by the 3rd of February when I pegged.

I made the phone call to DMIRS in Perth and was informed that if he hadn't pegged by that time then he'd missed the boat. I was quietly confident that all would work out but I slipped across to one of the friends who'd pegged another of the three leases and discussed it with him. He said that he'd been informed of the 14 days required after the forfeiture by the mining registrar when he registered his application. She didn't mention anything about it to me but then the 14 days had well and truly passed.

A couple of days back I was served with a objection to my pegging by a third party. He has claimed that I pegged the lease early, before the 14 day allowance for the original instigator of the forfeiture. Once again I phoned DMIRS in Perth, they couldn't make sense of it so transferred me to the mining registrar where I'd presented the paperwork in the first place. She'd now changed her tune stating that they had been slow processing the paperwork and the 14 day period only started once they had delivered a letter to the plaintiff who'd started the whole process. I told her about the date listed for the forfeiture and I wanted to see some sort of proof that the published date did not apply. She said that she couldn't give me anything but she would call Perth and get back to me. She didn't.

I spent too much time this morning working my way through the Mining Act and Mining Regulations and sure enough buried there in a small paragraph is the statement below.
View attachment 8205

So one week into my application I have a file a half inch thick, an objection, a couple of people have pegged over my ground and I'm out of pocket a bundle of money half of which I'll get back. The end result is that the whole thing has turned to so I may as well walk away and put it down to a bad experience.

This is all before we got to fight with Native Title, the department of environment and anybody else who wanted to have a crack

FYI the peg in the photo is not compliant with the mining act the trenches are not correct and can be objected to as per Forrest n Forrest case precedent 2019 high court decision the peg must be in the trench I have used this law myself in a case

 

[Moneybox]

FYI the peg in the photo is not compliant with the mining act the trenches are not correct and can be objected to as per Forrest n Forrest case precedent 2019 high court decision the peg must be in the trench I have used this law myself in a case

Craig, you may we right but I'm told this is incorrect.



I've been told that my peg can only be inserted at ground level and the trench must lead from the peg. The problem is we're dealing with lawyers and they don't recognise right from wrong, they just want chaos because that pays more.

 

[Craig west]

Craig, you may we right but I'm told this is incorrect.

View attachment 13079

I've been told that my peg can only be inserted at ground level and the trench must lead from the peg. The problem is we're dealing with lawyers and they don't recognise right from wrong, they just want chaos because that pays more.

Here's a tip!!!! I would argue in court that above peg is good ... however.... best way to avoid all this grey area ******** Is to use rocks for your trenches as allowed by mining regs you may even pile the rocks around the base of peg to support and insure FIRM fixing of you pegs as per rego. Cut the lawyers off at the knees and avoid the issue altogether:;

 

[Craig west]

Here's a tip!!!! I would argue in court that above peg is good ... however.... best way to avoid all this grey area ******** Is to use rocks for your trenches as allowed by mining regs you may even pile the rocks around the base of peg to support and insure FIRM fixing of you pegs as per rego. Cut the lawyers off at the knees and avoid the issue altogether:;

Ps it's impossible to insert a peg at ground level as it must enter below ground level to stay in place

 

[Moneybox]

Ps it's impossible to insert a peg at ground level as it must enter below ground level to stay in place

I have a current objection before the Warden's court claiming that my stones don't touch. I have a slight gap between stones.

 

[grubstake]

I have a current objection before the Warden's court claiming that my stones don't touch. I have a slight gap between stones.

OMG! Anyway, I'm sure they were touching when you placed them, Phil. No doubt wind, torrential rain and/or local wildlife is the explanation for any later discrepancy.

 

[Moneybox]

OMG! Anyway, I'm sure they were touching when you placed them, Phil. No doubt wind, torrential rain and/or local wildlife is the explanation for any later discrepancy.

The new DRAFT regulations that are being tested through the Warden's court every week call for photos to be taken at the time of pegging.



We will have to show measurements of posts and trenches or rocks.



There are plenty of a-holes out there who will challenge another just because they can. If the courts did the right thing they'd award the person who put an effort in and intended to do the right thing even if they made a mistake. Unfortunately decent people are thin on the earth.

 

[Goldtalk Leonora]

The new DRAFT regulations that are being tested through the Warden's court every week call for photos to be taken at the time of pegging.

View attachment 13081

We will have to show measurements of posts and trenches or rocks.

View attachment 13082

There are plenty of a-holes out there who will challenge another just because they can. If the courts did the right thing they'd award the person who put an effort in and intended to do the right thing even if they made a mistake. Unfortunately decent people are thin on the earth.

You should be taking photos anyway.....your right Phil...there are a few A-holes in the game but you only tend to see them when the market is hot. There will be plenty of ground available soon. The pics above look like they have dug an "L" trench and then placed the stake...for what it's worth...thats not on anymore. You must place the stake and then dig two trenches. Tricky game hey!!

 

[Craig west]

I have a current objection before the Warden's court claiming that my stones don't touch. I have a slight gap between stones.

Always take photos of you markout and file away incase of an objection