Professional Documents
Culture Documents
Minerals Aa Finalreport July2003
Minerals Aa Finalreport July2003
in Australia
COMPETITIVE AUSTRALIA
Mineral Exploration
in Australia
ITR 2003/090
ISBN 0 642 72249 8
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This work has been prepared by the Strategic Leaders Group comprising members drawn from industry representative organisations and Commonwealth and State government agencies. It draws
on a number of sources, covers a wide range of issues and is not intended to be a detailed reference. Accordingly, before relying on the material, readers should independently verify its accuracy,
currency, completeness and relevance for their purposes and should obtain appropriate professional advice.
The Commonwealth does not accept any liability in relation to the contents of this work.
This paper draws heavily on the research papers prepared by the four working groups: Access to Land; Access to Finance; Pre-competitive
Geoscience Information; and Access to Human and Intellectual Capital. The working groups comprised members drawn from industry,
industry representative associations and Government agencies. The report of the Ministerial Inquiry into Greenfields Exploration in Western
Australia (Bowler Inquiry) of November 2002 and reports by the Australian Bureau of Agricultural and Resource Economics (ABARE) titled
Mineral Exploration in Australia of December 2002 and Tax Incentive Options for Junior Exploration Companies of March 2003 were also useful
sources. The paper also draws on submissions to the House of Representatives Standing Committee on Industry and Resources inquiry into
any impediments to increasing investment in mineral and petroleum exploration (Prosser Inquiry). The Prosser Inquiry is likely to report in
September 2003.
Further information may be obtained from:
The Secretariat
Mineral Exploration Action Agenda
Department of Industry, Tourism & Resources
GPO Box 9839
CANBERRA ACT 2601
exploration@industry.gov.au
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1969-70
1971-72
1973-74
1975-76
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1981-82
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1987-88
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1993-94
1995-96
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1999-00
2001-02
Access to Land
Recommendation 1 – That the Commonwealth, through the allocation of dedicated or linked support and funding to Native Title
Representative Bodies, work in partnership with industry and the States and Northern Territory to develop regional template agreements for
native title and heritage protection approvals processes that will reduce the backlog of tenement applications, improve relationships between
miners and indigenous interests and provide ongoing access to land.
Recommendation 2 – That the Commonwealth and industry promote the use of the expedited procedure included under the Native
Title Act 1993 by producing and promulgating information about the application and use of the expedited procedure, and lobbying States and
the Northern Territory for the more general application of the expedited procedure when granting low impact exploration tenements.
Recommendation 3 – That the Aboriginal Land Rights (NT) Act 1976 is amended to facilitate the application, assessment and
decision-making processes for the grant of mining and petroleum tenure, specifically by restructuring the Land Councils, delegating decision-
making authority to regional or local bodies and developing standard agreements for the grant of tenure.
Recommendation 4 – That the Commonwealth and industry work with the States and Northern Territory through the Ministerial
Council on Mineral and Petroleum Resources (MCMPR) to gather information on the procedural regimes for mineral exploration and the overlap
between Commonwealth and State/Territory legislative responsibilities and develop a coordinated approach to resolving impediments to land
access, including protocols covering mineral tenure, native title, heritage, environment and conservation estate.
Access to land for mineral exploration has been a significant constraint on exploration for many years. The grant of tenure for minerals is made
under State and Territory mining legislation, but depending on the status of the land, this grant may be affected by a range of legislative regimes
and policies adopted in each jurisdiction across Australia, and at federal level. When uncertainty arises, the attractiveness for investment
diminishes, impacting negatively on mineral exploration and development activity.
While access to land and resources is critical, the timeframe within which any decisions are made, and access is ultimately granted, is also
of significance. In relation to land access, decision-making processes that are timely, transparent and provide increased certainty are in the
interests of all stakeholders.
The land access issues, the resolution of which was identified as being of greatest importance for improving mineral exploration in Australia are:
1. Native Title
2. Aboriginal land rights
3. Indigenous heritage
4. Mineral tenure
5. Environment
6. Conservation Estate
7. Planning and infrastructure
In this context the study of issues affecting access to land highlighted the following:
■ the application of the right to negotiate procedure in the Native Title Act 1993 to exploration activity;
■ the current backlog of applications for exploration tenements in Western Australia, Queensland and the Northern Territory;
Access to Finance
The SLG recommends that the Commonwealth Government undertake amendments to the taxation regime to address the structural changes in
the mineral industry that have led to market failures to supply adequate mineral exploration capital, particularly for greenfields exploration. From
a peak in 1996–97, mineral exploration expenditure by junior exploration and production companies has fallen by 70 per cent, compared with a
fall of about 35 per cent for larger mining companies (ABARE).
Recent changes to the investment market have a longer term structural dimension that will make it difficult for the mineral exploration industry
to raise capital and respond appropriately to a cyclical upturn. These changes include:
■ the rationalisation of exploration budgets and organisations by globalising majors (BHP-Billiton, Rio Tinto);
■ consequent re-allocation of exploration expenditure by globalised majors outside of Australia;
■ a relatively reduced minerals industry in terms of market capitalisation on the stock market, with consequent reductions in the
numbers of minerals industry analysts employed by broking firms; and
■ the reduced ability of major broking houses to invest in the Initial Public Offerings market resulting in a reduced secondary market
and reduced investor interest in Initial Public Offerings.
The principal objective of the recommendations set out below is to correct these market failures and enable the mineral exploration sector,
particularly junior exploration companies, to compete for venture capital in equity markets.
Recommendation 5 – That the Commonwealth Government introduce a flow-through shares scheme to remove the tax asymmetries
that deny companies with insufficient taxable income the full benefit of immediate deductibility of exploration expenses.
The flow-through shares scheme should have the following features:
i tax deduction uplift factor for eligible expenses of 150 per cent in the year of acquisition;
ii for capital gains tax purposes the cost base of the shares to be reduced to the extent that there is a deduction declared by the
investor;
iii to be designed in accordance with taxation principles of economic efficiency, equity and administrative simplicity, incorporating
appropriate integrity measures.
Recommendation 6 – Noting that currently all exploration expenditure is immediately deductible (at 100 per cent level), it is:
i imperative that this outright deductibility be maintained; and
ii further recommended it be enhanced to the 125 per cent level for all greenfields exploration expenditure (other than eligible flow-
through share scheme expenditure).
Exploration represents the first stage in the mining and minerals processing sequence and is necessary to discover minerals deposits.
Exploration expenditure is a “stay in business” feature that is unique to the minerals industry.
Moreover, because a mine is a “wasting” asset, exploration is crucial to the continued existence of the industry in the long-term. The industry
constantly requires high risk funds to be applied in the search for new ore deposits. The establishment, expansion and replacement of
operations depend on the success of this unique, costly, high risk exploration activity. To operate in a highly competitive, global market, the
industry therefore requires an overall legal and regulatory framework that provides for appropriate access to land and established rules for
environmental approvals, taxation and the utilisation of economic infrastructure.
Secondary Measures
Secondary measures which would also meet the principal objective, include a system of tradeable tax credits, taxation rebates and a targeted
fund for greenfield exploration, based on the current Innovation Investment Fund program.
Tax Rebate
A tax rebate scheme may apply to all tax deductible business expenses related to exploration or it may be restricted to qualifying exploration
expenditures. If the scheme applies to all tax deductible business expenses, eligible companies that incur a tax loss receive a cash payment from
the government equal to the company tax rate times the tax loss. If the scheme is restricted to exploration expenditures, companies that incur
a tax loss receive a cash payment from the government equal to the company tax rate times the excess of exploration expenses over other net
taxable income. To allow an appropriate assessment of eligibility to take place, payment should be received in the year immediately after the
expenses are incurred.
A rebate scheme should apply only to companies whose business activities characteristically lead to an expected and systematic series of losses
before positive cash flows are generated. A rebate scheme should not extend beyond expenses incurred in exploration activities.
Division 10B and 10BA of the Income Tax Assessment Act – application to exploration
Divisions 10B and 10BA provide tax concessions for investors in films produced in Australia. As with other Product Rulings, deductions are
granted to individual investors on the basis that they are considered to be pursuing the business activity.
This is a flow-through tax mechanism. Suitably designed and applied to the exploration industry, this would achieve the same ends as flow-
through shares.
Conclusions
Of all of the options considered, there were three that were regarded as the most appropriate to boost exploration, particularly greenfields
exploration. Tax asymmetries and “crowding out” by Government initiatives in other investment schemes have contributed to market failures.
The significant role played by junior companies in discoveries is such that their needs were focussed on. Their reliance on the equity market
meant that investors have to be attracted to this sector.
The first recommended action by the Commonwealth Government is for the introduction of a flow-through share scheme, which addresses the
inability of companies with insufficient taxable income to benefit from immediate deductibility of exploration and related expenses. Further
incentive is proposed by applying an uplift factor of 150 per cent of eligible expenditure. Evidence from Canada suggests that this added
incentive is needed to have the desired effect. To offset any perceived undue benefit, the cost base for the acquisition of shares is reduced to
the extent there is a deduction declared by the investor for Capital Gains Tax considerations. A system of integrity measures would be instituted
as part of the administrative measures to ensure that the scheme is used for the purposes it was intended.
Because greenfields exploration is high risk endeavour, often using new techniques and concepts, an incentive is needed to increase the amount
of exploration funding devoted to this activity, which is of national importance. The recommended action is for a tax deduction uplift factor of
125 per cent of eligible greenfields exploration expenditure. This would not apply to exploration expenditure which would be the subject of a
flow though share scheme. Companies which do not intend, or are unable, to use a flow-through share scheme, would be able to gain the tax
benefit of this provision.
The inability to deduct all costs associated with Native Title requirements has the effect of increasing business costs, diminishing the
government’s policy of resolving Native Title issues and remaining a deterrent, particularly for junior companies, to be involved in Native Title
resolution. Greenfields exploration is particularly affected by this feature. The Government should remove this anomaly.
Access to high quality pre-competitive geoscience information is vital for successful mineral exploration and a review of this information was
undertaken to identify the key pre-competitive geoscience information issues. The recommendations considered to be of highest priority, for the
stimulation of the minerals exploration industry are those outlined above.
In reference to Recommendation 8, the importance to exploration of modern pre-competitive fundamental geoscientific data (i.e. high quality,
digital data) has been identified. However, the present coverage across Australia is incomplete and patchy, varying considerably across
jurisdictions. In general, the coverage of basic modern information is lowest in the larger States of Western Australia and Queensland: these
States together account for nearly 75 per cent of all mineral exploration in Australia.
Modern exploration uses a multi-disciplinary approach and requires access to a wide range of data, primarily in digital form. Industry attaches
greatest importance to fundamental geophysical, geological, geochemical, mineral-occurrence and topographic data in the first instance. Basic
geological information is fundamental to the assessment of prospectivity and area selection. Continued updating of the national dataset with
new information from government surveys and investigations, university research, and from company reports submitted to the State/NT Mines
Departments, together with cohesive and integrated interpretations and assessments of subsets of the dataset are important functions of public
geoscience agencies. Unimpeded efficient access to high quality verified raw data, historical exploration reports and the latest interpretations is
essential to explorers.
In particular, industry attaches priority to the following types of pre-competitive geoscience information:
■ Geophysical data, especially high resolution aeromagnetic and radiometric data, gravity data and, in some areas, airborne gravity
gradiometry data, in digital format;
■ High quality geological maps at 1:100 000 and 1:250 000, in particular, and more detailed scales;
■ Multi-element geochemical data;
■ Stratigraphic drilling of basement areas under cover to geologically characterise regional scale anomalies and signatures in
magnetic and gravity datasets;
■ Digital topographic, cadastral, metallogenic and regolith maps at 1:100 000 and 1:250 000 in particular, and more detailed scales;
■ Other digital datasets including historical exploration data with drill hole and assay information, geochronology and hydrogeology, in
a variety of formats, with the associated metadata;
Note: Funding estimates for each area are provided as a guide only, and represent additional funding over current funding allocations.
Universities and associated research centres and the Commonwealth Scientific and Industrial Research Organisation should be eligible to seek
support from the Program. Outcomes from the Program should be made available to industry as soon as possible, at no, or only minimal, cost.
This will ensure that all exploration companies in Australia benefit equally from the Program.
Research and development funded under the Deep Ore Discovery Program should involve new research areas that complement existing research
and development projects. The Program will need to be administered carefully to ensure it doesn’t duplicate work undertaken elsewhere
by Commonwealth agencies, the universities, Cooperative Research Centres and State/Territory organisations. The Strategic Leaders Group
recommends the Commonwealth Government establish the Deep Ore Discovery Program through the Commonwealth Departments of Education,
Science and Training, and Industry, Tourism and Resources.