40E's

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40E's

Post by Bignuggs on Wed 21 Mar 2018, 6:47 pm

Here's a tip. when sending the copy of the 40E to the pastoral lease holder, send it registered mail so they have to sign for it.
That way you get a receipt to say they have received it. I found out a few years ago, they don't always get their mail on a regular basis nor do they read it when they get it.
That's not our problem. As we all know, they have 21 days but please don't get into an argument with them.
Trying calling the station a few times or even emails.
Once you have done your best to make contact, then you have complied with the law.

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Re: 40E's

Post by Dozer on Wed 21 Mar 2018, 7:15 pm

I agree with sending the 40E via registered mail but you will not get receipt when they sign for it. Aussie Post will keep that.
However if the pastoral lease holder then tries to contact you and get any form of conditions imposed, politely but firmly inform them that the 40E is between you and the DMIRS and any concerns they may have must be addressed via the DMIRS.

Do not get into any discussion with them over this as the current problems with access agreements will rear its ugly and legally un-necessary head.

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Re: 40E's

Post by Bignuggs on Wed 21 Mar 2018, 7:40 pm

You can get notification when they sign for it.

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Re: 40E's

Post by Dozer on Wed 21 Mar 2018, 7:51 pm

I wasn't aware of that. I send registered post to pastoralists from time to time for 40E's and pegging. Never had an acknowledgement before so is it something you have to request?

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Re: 40E's

Post by Bignuggs on Wed 21 Mar 2018, 7:58 pm

You have to ask for it.  Now you can get a tracking number.
I learnt some years ago when I didn't get an answer from a pastoral lease holder who had received the paperwork on a certain date but didn't get back to me but they has signed for it.

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Re: 40E's

Post by Bignuggs on Wed 21 Mar 2018, 8:37 pm

We pay for 3 months but lose 3 weeks. That's the law. I can put up with that, seems others can't.

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Re: 40E's

Post by driller on Thu 22 Mar 2018, 11:25 am

As suggested , use registered mail. You get a tracking number and when the letter is picked up and signed for it shows the date and time to the minute.
Print off a copy and staple it to your original registered post details.

The Warden loves complete and tidy paper work !... Makes his job easy....{:-o)

Driller.

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Re: 40E's

Post by Topcat on Thu 22 Mar 2018, 7:19 pm

The majority of Pastoral Lease holders have an email address as several are leased by mining companies, so all you need is a print out of the sent email to them of your 40e particulars with the graticule block numbers, dates arriving & departing then that is sufficient proof that you have contacted them. Whether they acknowledge that is their problem not yours. As per the 40e regs all you have to do is show you have attempted to contact them with all your necessary details.
I have used this method for many years & so far have never had a problem apart from a couple insisting on signing indemnity forms which I directed to DMP & never heard anymore on them.

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Re: 40E's

Post by Dozer on Fri 23 Mar 2018, 9:02 am

That is the correct way to deal with any PLH problems regarding a 40E.
The 40E is between you, the miners right holder, and the DMIRS acting as agent for the crown.
No one else has any authority over this agreement, and any discussions need to be between any third party and the DMIRS.
When we enter into any agreements that may be presented by third parties, no matter how "reasonable" they appear, we are giving these agreements a legitimacy that they do not have and eventually we will erode the rights we already have.
It can be difficult being hard-nosed about it all the time but it is infinitely easier to say no and then change, than say yes and try to change later.

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