Western Australia
Mining Act 1978
Mining Regulations 1981
(1)These regulations may be cited as the Mining Regulations 1981 1.
(2)These regulations shall come into operation on the day on which those provisions of the Act referred to in section 2(2) thereof come into operation 1.
In these regulations unless the contrary intention appears —
“block” has the meaning ascribed to it in Part IV, Division 2 of the Act;
“date of application” when referring to an application for a mining tenement means the date on which the application is lodged at the office of the mining registrar together with the prescribed fees;
“Director, Environment Division” means the person for the time being holding or acting in the office of Director, Environment Division in the Department;
“environmental officer” means a person for the time being holding or acting in the office of Environmental Officer in the Environment Division of the Department;
“existing exploration licence” means an exploration licence —
(a)granted before the commencement of section 16 of the Mining Amendment Act 1990 2; or
(b)for which an application was made before the commencement of section 16 of the Mining Amendment Act 1990 2 and which has subsequently been granted;
“graticular exploration licence” means an exploration licence the application for which was made on or after the commencement of section 16 of the Mining Amendment Act 1990 2 and which has subsequently been granted;
“graticular section” has the meaning ascribed to it in Part IV, Division 2 of the Act;
“mineral exploration report” has the same meaning as it has in section 115A(1);
“prescribed fee” means the relevant fee set out in the Second Schedule;
“quarterly period” means each period of 3 calendar months from the date on which the term of a mining tenement commences;
“royalty return” means a royalty return referred to in regulation 85B;
“section” means section of the Act;
“the Act” means the Mining Act 1978.
[Regulation 2 amended in Gazette 12 Nov 1982 p. 4490; 2 Oct 1987 p. 3813; 20 May 1988 p. 1705; 31 May 1991 p. 2696; 24 Jun 1994 p. 2927‑8; 13 Oct 1995 p. 4814; 3 Feb 2006 p. 575-6.]
A Miner’s Right shall be in the form No. 1 in the First Schedule.
4.Quantity of samples or specimens
The quantity of each sample or specimen the holder of a Miner’s Right may extract or remove from Crown land —
(a)under section 20(2)(c); or
(b)when fossicking,
shall not, on each occasion a sample or specimen is taken, exceed 20 kilograms.
[Regulation 4 inserted in Gazette 20 Oct 1987 p. 3813; amended in Gazette 31 May 1991 p. 2696.]
Part IIA — Permits under section 20A
[Heading inserted in Gazette 2 Feb 2001 p. 705.]
In this Part —
“date of issue”, in relation to a permit, means the day on which the permit is issued;
“issuing officer” means the mining registrar or the holder of the office referred to in regulation 4B;
“licensee statement”, in relation to land, means a statement made in relation to the land under regulation 4H;
“permit” means a permit under section 20A;
“permit holder”, in relation to a permit, means the person who is or was the holder of the permit;
“relevant exploration licence”, in relation to an application for a permit in respect of land, or a permit issued in respect of land, means the exploration licence that was in force for the land when the application was made or the permit was issued.
[Regulation 4A inserted in Gazette 2 Feb 2001 p. 705.]
4B.Prescribed office — section 20A(1)
For the purposes of section 20A(1) the office of Customer Service Coordinator, Mineral Titles Division of the Department is prescribed.
[Regulation 4B inserted in Gazette 2 Feb 2001 p. 705.]
4C.Prescribed depth — section 20A(6)(b)
For the purposes of section 20A(6)(b) the prescribed depth is 2 metres below the natural surface of the land.
[Regulation 4C inserted in Gazette 2 Feb 2001 p. 705.]
(1)An application for a permit is to be in the form No. 1A in the First Schedule.
(2)The application is to be accompanied by the relevant application fee set out in item 2 of the Second Schedule.
(3)The application may be accompanied by a licensee statement.
[Regulation 4D inserted in Gazette 2 Feb 2001 p. 705‑6.]
4E.Area of land to which permit applies
(1)The area of land in respect of which a permit is issued is to be a block or blocks but is not to exceed 10 blocks.
(2)If a permit is issued in respect of 2 or more blocks the graticular sections that constitute those blocks are to —
(a)constitute a single area; and
(b)each have a side in common with at least one other graticular section in that area.
(3)The area of land in respect of which a permit is issued is to be specified in the permit by reference to the number of the block or each block, as the case requires, on a plan held at the Department.
[Regulation 4E inserted in Gazette 2 Feb 2001 p. 706.]
(1)An issuing officer may impose one or more of the following conditions on the issue of a permit in respect of land —
(a)a condition relating to the conservation of the land and its environment;
(b)where the land is the subject of a pastoral lease within the meaning of the Land Administration Act 1997, a condition requiring the permit holder to give a copy of the permit to the holder of the pastoral lease before prospecting for minerals on the land;
(c)if the application for the permit is not accompanied by a licensee statement, a condition requiring the permit holder not to prospect on the land before the permit comes into operation under regulation 4I;
(d)a condition requiring the permit holder to comply with regulation 4O(1);
(e)any other reasonable condition.
(2)An issuing officer may vary or cancel a condition imposed under subregulation (1) by notice in writing given to the permit holder.
[Regulation 4F inserted in Gazette 2 Feb 2001 p. 706.]
An issuing officer is to cause a copy of a permit to be given to the holder of the relevant exploration licence as soon as practicable after the date of issue.
[Regulation 4G inserted in Gazette 2 Feb 2001 p. 706.]
4H.Statement by holder of exploration
(1)The holder of an exploration licence for land may make a written statement setting out any comments the license holder wishes to make in relation to prospecting activities proposed to be carried out on the land under a permit.
(2)A licensee statement may be given to a person who proposes to apply, or has applied, for a permit, or to whom a permit has been issued, in respect of the land.
[Regulation 4H inserted in Gazette 2 Feb 2001 p. 707.]
4I.Commencement of operation of permit
(1)If a permit holder received a licensee statement before the permit was issued, the permit comes into operation on the date of issue.
(2)If a permit holder receives a licensee statement after the date of issue, but within 21 days after the date of issue, the permit comes into operation on the day on which the permit holder receives the licensee statement.
(3)If the permit holder does not receive a licensee statement before the end of the period of 21 days after the date of issue, the permit comes into operation at the end of that 21‑day period.
[Regulation 4I inserted in Gazette 2 Feb 2001 p. 707.]
(1)A permit stops being in force in respect of land when one of the following happens —
(a)a notice of the surrender of the permit is lodged under regulation 4K;
(b)the permit is cancelled under regulation 4L(2)(b);
(c)the relevant exploration licence stops being in force;
(d)a mining lease, general purpose lease or retention licence is granted in respect of the land;
(e)the period of 3 months after the date of issue of the permit ends.
(2)Subregulation (1)(c) does not apply if the relevant exploration licence stops being in force because a prospecting licence or an exploration licence is granted in respect of the land as a result of a reversion licence application.
[Regulation 4J inserted in Gazette 2 Feb 2001 p. 707; amended in Gazette 3 Feb 2006 p. 576.]
(1)A permit holder may surrender his or her permit by notice in writing lodged at the office of the mining registrar or the Department at Perth.
(2)A notice under subregulation (1) is to be —
(a)signed by the permit holder or each permit holder (if more than one); and
(b)where possible, accompanied by the permit.
[Regulation 4K inserted in Gazette 2 Feb 2001 p. 707.]
4L.Powers available to Minister where breach of condition, etc.
(1)This regulation applies if the Minister is satisfied that a permit holder —
(a)has contravened a condition referred to in section 20A(5) or imposed on the permit in accordance with regulation 4F; or
(b)has included in the application for the permit information that the permit holder knew was false or misleading in a material respect at the time the application was made.
(2)The Minister may, subject to regulation 4M, do one or more of the following —
(a)order the permit holder to pay a monetary penalty not exceeding $5 000;
(b)cancel the permit;
(c)disqualify the permit holder from holding or applying for a permit for such period, not exceeding 3 years from the date of the decision to disqualify, as the Minister thinks fit.
(3)The Minister may take action under subregulation (2)(a) or (c) whether or not the permit has expired or has been surrendered.
(4)If there are 2 or 3 permit holders for a particular permit, those permit holders are jointly and severally liable for the payment of a penalty imposed under subregulation (2)(a).
(5)The Minister may recover a penalty imposed under subregulation (2)(a) in a court of competent jurisdiction as a debt due by the permit holder to the State.
[Regulation 4L inserted in Gazette 2 Feb 2001 p. 708.]
4M.Right of permit holder to make submissions
(1)The Minister is not to take action under regulation 4L(2) unless the Minister —
(a)has caused a notice in accordance with subregulation (2) to be posted to the permit holder at his or her last known address; and
(b)has considered any submissions made by the permit holder on or before the date specified in the notice.
(2)The notice is to specify —
(a)the proposed action; and
(b)a date on or before which the permit holder may make written submissions to the Minister on the matter.
[Regulation 4M inserted in Gazette 2 Feb 2001 p. 708.]
4N.Prospecting report on recovered minerals
(1)If a permit holder recovers any minerals from land in the course of prospecting in accordance with the permit, the permit holder is to prepare and lodge a written report in accordance with subregulations (2) and (3).
(2)The report is to —
(a)contain details of each type of mineral recovered from the land;
(b)specify the quantity of each type of mineral recovered; and
(c)specify, in relation to each type of mineral recovered, the exact location of its recovery.
(3)The permit holder must, within 14 days after the permit stops being in force —
(a)lodge the report, or cause it to be lodged, at the Department at Perth; and
(b)give a copy of the report to the holder of the relevant exploration licence.
(4)A person who contravenes subregulation (1) commits an offence.
(5)A person who, in a report, gives information that the person knows is false or misleading in a material respect commits an offence.
[Regulation 4N inserted in Gazette 2 Feb 2001 p. 709.]
4O.Prohibition of use of certain hand tools
(1)A permit holder is not to use powered or hydraulically driven hand tools on the land the subject of the permit.
(2)A person who contravenes subregulation (1) commits an offence.
[Regulation 4O inserted in Gazette 2 Feb 2001 p. 709.]
4P.Application of regulations 98 and 99
Regulations 98 and 99 apply to a permit holder as if references in those regulations to —
(a)the holder of a mining tenement included a permit holder; and
(b)the tenement included the land the subject of a permit.
[Regulation 4P inserted in Gazette 2 Feb 2001 p. 709.]
Part III — Mining on private land
5.Application for permit to enter private land
Application under section 30 of the Act for a permit to enter on any private land shall be —
(a)lodged at the office of a mining registrar in the form No. 2 in the First Schedule together with the prescribed fee; and
(b)accompanied by a map on which the private land is clearly delineated.
[Regulation 5 amended in Gazette 31 Jul 1992 p. 3775.]
A permit to enter upon private land shall be in the form No. 3 in the First Schedule.
7.Notice of application relating to private land
(1)The notice required to be given under section 33(1) of the Act is —
(a)a copy of the application for the mining tenement; and
(b)a map or plan on which the boundaries of the land comprising the proposed mining tenement are clearly defined,
to be served within 14 days of the date of lodgment of the application.
(2)If the time prescribed for giving notice under section 33(1) is extended under regulation 104, the applicant shall serve with that notice, and the map or plan referred to in subregulation (1), a written notice stating that the period for lodging objections to the application is within 21 days of the date of service of the documents.
[Regulation 7 amended in Gazette 16 Nov 1990 p. 5728; 31 May 1991 p. 2696.]
8.Application to bring private land under the Act
(1)A person desirous of bringing within the operation of Division 3 of Part III of the Act any private land as set out in section 37(1) shall lodge with the prescribed fee a written application with the Department at Perth, giving a full description of the land, and of his reasons for believing that the same contains minerals, other than gold, silver or precious metals, in payable qualities.
(2)Prior to instructing a geologist or other professional officer to inspect the land the Minister shall give not less than 30 days notice to the owner and occupier of the private land of his intention so to do.
9.Right of way on private land
The right of way required under section 29(7)(b) of the Act shall be marked by clearly delineating it on a map which shall be lodged at the office of the mining registrar.
(1)The consents in writing referred to in section 29(2) shall be —
(a)filed at the office of the mining registrar; and
(b)accompanied by a copy of the certificate of title for the relevant land.
(2)The consents in writing referred to in section 29(6) shall be —
(a)filed with the Director General of Mines at the Department at Perth; and
(b)accompanied by a copy of the certificate of title for the relevant land.
[Regulation 10 inserted in Gazette 2 Oct 1987 p. 3814; amended in Gazette 4 Apr 1997 p. 1778.]
(1)A claim for compensation under section 123(3)(a) shall be in the form No. 3A in the First Schedule.
(2)On receipt of a claim for compensation under section 123(3)(a) the mining registrar shall —
(a)fix a date and time for informal proceedings to be heard by the warden; and
(b)advise the owner or occupier and the person liable for payment of compensation of that date and time.
(3)Attendance at informal proceedings referred to in subregulation (2)(a) is not compulsory and parties may submit written submissions to the warden.
[Regulation 10A inserted in Gazette 2 Oct 1987 p. 3814.]
Division 1 — Prospecting licences
11.Marking out and application
An applicant for a prospecting licence shall comply with the regulations in Part V as to marking out and applying for the licence.
[12.Repealed in Gazette 2 Feb 2001 p. 712.]
The instrument of licence for a prospecting licence shall be in the form No. 4 in the First Schedule.
13A.Programme of work for ground disturbing equipment
(1)The programme of work referred to in section 46(aa)(i) shall be lodged at an office of the Department.
(2)The office of Environmental Officer in the Environment Division of the Department is prescribed for the purposes of the interpretation of the term “prescribed official” in section 46(aa)(ii).
[Regulation 13A inserted in Gazette 3 Feb 2006 p. 576.]
14.Limit on amount of earth, etc., that may be removed
For the purposes of section 48(c), the limit on the amount of earth, soil, rock, stone, fluid or mineral bearing substances which may be excavated, extracted or removed during the period for which the licence remains in force is 500 tonnes in total, and the excavation, extraction or removal of a larger tonnage, without the Minister’s written approval, shall render the licence liable to forfeiture.
[Regulation 14 inserted in Gazette 31 May 1991 p. 2696.]
(1)The holder of a prospecting licence shall expend or cause to be expended in mining on or in connection with mining on the licence not less than $40.00 for each hectare or part thereof of the area of the licence with a minimum of $2 000.00 during each year of the term of the licence, but if the holder is directly engaged part‑time or full‑time in mining on the licence itself, then an amount equivalent to the remuneration that the holder would be entitled to if engaged, under a contractual arrangement, in similar mining activity elsewhere in the district shall be deemed to have been expended.
(1aa)Subregulation (1) applies in respect of any period in which a prospecting licence continues in force because of —
(a)an application for a lease under section 49; or
(b)an application for a retention licence under section 70B,
except that the amount to be expended during that period is to be calculated on a pro rata basis for each whole month from the last anniversary date of the commencement of the term of the licence until the application is determined.
(1a)Expenditure incurred under subregulation (1) during the month in which the anniversary date of the commencement of the term of the licence occurs may be treated by the holder as expenditure incurred in either the year immediately preceding that anniversary date or the year starting from such date (including any period referred to in subregulation (1aa)).
(1b)The specific provisions in regulation 96C, relating to allowable expenditure and non‑allowable expenditure for the purposes of calculating expenditure under a licence, apply when calculating expenditure under this regulation.
(2)If a prospecting licence is surrendered then a pro rata reduction of the amount to be expended will apply in respect of each whole month from the date of surrender to the next anniversary date of the commencement of the term of the licence.
(3)If a prospecting licence has retention status, the amount to be expended during the year of the term of the licence in which retention status is approved is to be calculated on a pro rata basis for each whole month from the last anniversary date of the commencement of the term until the end of the month in which the approval takes effect.
(4)Despite subregulation (1), if a prospecting licence has retention status, expenditure is not required under this regulation during any year of the term of the licence after the year in which retention status is approved.
[Regulation 15 amended in Gazette 16 Nov 1990 p. 5728; 31 Jul 1992 p. 3776; 11 Jun 1999 p. 2543; 18 Jun 1999 p. 2642; 17 Jan 2003 p. 110; 3 Feb 2006 p. 577.]
(1)A report required under section 51 is to be in the form No. 5 in the First Schedule and is to be filed —
(a)within 60 days after each anniversary date of the commencement of the term of the licence or within any extension of that period under subregulation (1a); and
(b)within 60 days after the surrender, forfeiture, expiry or other cancellation of the licence or within any extension of that period under subregulation (1a).
(1a)The Minister may, in response to a request made before the expiry of the 60 day period referred to in subregulation (1)(a) or (b), extend that period.
(2)A person who, in a report required under section 51 of the Act, gives information that the person knows is false or misleading in a material respect commits an offence.
[Regulation 16 amended in Gazette 2 Jul 1993 p. 3270; 17 Jan 2003 p. 110.]
16A.Grounds for extension under section 45(1a)
Each of the following is a ground for extension for the purposes of section 45(1a) —
(a)by reason of difficulties or delays —
(i)occasioned by law;
(ii)arising from administrative, political, environmental or other requirements of governmental or other authorities, in the State or elsewhere;
(iii)arising from a requirement to conduct an Aboriginal heritage survey on the land;
(iv)in obtaining requisite consents or approvals for prospecting or for the marking out of a mining lease or general purpose lease in relation to any part of the land; or
(v)in gaining access to the land because of unfavourable climatic conditions,
prospecting, or the marking out and application appropriate to a mining lease or general purpose lease in relation to the land, could not be undertaken or completed or is restricted in a manner that is, or subject to conditions that are, for the time being impracticable;
(b)the land the subject of the licence has for any reason the Minister considers sufficient been unworkable for the whole or a considerable part of any year of the term;
(c)work already carried out under the licence justifies further prospecting;
(d)if the prospecting licence has retention status, the grounds for approval of retention status under section 54 continue to exist.
[Regulation 16A inserted in Gazette 3 Feb 2006 p. 577-8.]
16B.Application for extension of prospecting licence
(1)An application under section 45(1a) shall —
(a)be lodged at an office of the Department during the final year of the term of the licence;
(b)be in the form No. 9 in the First Schedule; and
(c)be accompanied by —
(i)the instrument of licence;
(ii)the prescribed rent for a period of 12 months commencing on the day after the day on which the licence is due to expire; and
(iii)information in support of the proposed ground for extension.
(2)If the application is refused, a pro rata refund of rent is to be paid to the applicant in respect of each whole month of the period for which rent has been paid commencing on the day on which the application is refused.
[Regulation 16B inserted in Gazette 3 Feb 2006 p. 578-9.]
16C.Application for retention status
(1)An application under section 53(2) shall —
(a)be lodged at an office of the Department;
(b)be accompanied by a statement specifying —
(i)the details of the programme of work (if any) proposed to be carried out on the land for which retention status is sought; and
(ii)the estimated amount of money (if any) proposed to be expended on such work;
(c)be accompanied by a statutory declaration made by the applicant or a person authorised by the applicant to the effect that —
(i)there is an identified mineral resource in, on or under the land for which retention status is sought; and
(ii)mining of that identified mineral resource is impracticable for one or more of the reasons referred to in section 54(1)(b);
(d)be accompanied by a description of the boundaries of the land for which retention status is sought; and
(e)be accompanied by a map that clearly indicates —
(i)the boundaries of the land for which retention status is sought; and
(ii)the location of the identified mineral resource.
(2)The application fee for the purposes of section 53(3)(e) is the fee set out in item 2A of the Second Schedule.
[Regulation 16C inserted in Gazette 3 Feb 2006 p. 579-80.]
16D.Marking out of land that has retention status
Regulations 59, 60 and 61 apply, with any necessary modifications, in relation to marking out the boundaries of land for the purposes of section 54(6).
[Regulation 16D inserted in Gazette 3 Feb 2006 p. 580.]
16E.Application for special prospecting licence
(1)For the purposes of section 56A(2) the prescribed period is 14 days after the day on which the application for the special prospecting licence is lodged.
(2)For the purposes of section 56A(5a) the prescribed period is 28 days after the day on which the application for the special prospecting licence is lodged.
[Regulation 16E inserted in Gazette 3 Feb 2006 p. 580.]
Division 2 — Exploration licences
It shall not be necessary to mark out an exploration licence but an applicant for an exploration licence shall comply with the regulations in Division 2 of Part V with such modifications as the circumstances require.
[18.Repealed in Gazette 2 Feb 2001 p. 712.]
The instrument of licence for an exploration licence shall be in the form No. 6 in the First Schedule.
20.Limit on amount of earth, etc., that may be removed
For the purposes of section 66(c), the limit on the amount of earth, soil, rock, stone, fluid or mineral bearing substances which may be excavated, extracted or removed during the period for which the licence remains in force is 1 000 tonnes in total, and the excavation, extraction or removal of a larger tonnage, without the Minister’s written approval, shall render the licence liable to forfeiture.
[Regulation 20 inserted in Gazette 31 May 1991 p. 2697.]
(1)The holder of an existing exploration licence shall expend, or cause to be expended, in mining on or in connection with mining on the licence during each year of the term of the licence or, where the term of the licence is extended under section 61(2) —
(a)during each of years 1 to 5 of that term, not less that $300 for each square kilometre or part thereof of the area of the licence with a minimum of $20 000;
(b)during each of years 6 and 7 of the term of the licence, not less than $50 000 per year irrespective of the area of the licence; or
(c)during year 8 and each subsequent year of the term of the licence, not less than $100 000 per year irrespective of the area of the licence.
(1aa)Expenditure incurred under subregulation (1) or (1b) during the month in which the anniversary date of the commencement of the term of the licence occurs may be treated by the holder as expenditure incurred in either the year immediately preceding that anniversary date or the year starting from such date (including any period referred to in subregulation (1c)).
(1a)Where a part of a block comprises or is included in the land in respect of which an exploration licence is granted, the whole of that block is deemed to be subject to the licence for the purposes of subregulation (1b).
(1b)The holder of a graticular exploration licence shall expend, or cause to be expended, in mining on or in connection with mining on the licence —
(a)during each of years 1 to 3 of the term of the licence, $1 000 per block —
(i)with a minimum of $10 000 where one block only is subject to the licence;
(ii)with a minimum of $15 000 where 2 to 5 blocks are subject to the licence;
(iii)with a minimum of $20 000 where 6 or more blocks are subject to the licence;
(b)during each of years 4 and 5 of the term of the licence, $1 500 per block —
(i)with a minimum of $10 000 where one block only is subject to the licence;
(ii)with a minimum of $20 000 where 2 to 5 blocks are subject to the licence;
(iii)with a minimum of $30 000 where 6 or more blocks are subject to the licence;
(c)during each of years 6 and 7 of the term of the licence, $2 000 per block —
(i)with a minimum of $15 000 where one block only is subject to the licence;
(ii)with a minimum of $30 000 where 2 to 5 blocks are subject to the licence;
(iii)with a minimum of $50 000 where 6 or more blocks are subject to the licence;
or
(d)during year 8, and each subsequent year of the term of the licence, $3 000 per block —
(i)with a minimum of $20 000 where one block only is subject to the licence;
(ii)with a minimum of $50 000 where 2 to 5 blocks are subject to the licence;
(iii)with a minimum of $70 000 where 6 or more blocks are subject to the licence.
(1c)Subregulations (1) and (1b) apply in respect of any period in which an exploration licence continues in force because of —
(a)an application to extend the term of the licence under section 61;
(b)an application for a lease under section 67; or
(c)an application for a retention licence under section 70B,
except that the amount to be expended during that period is to be calculated on a pro rata basis for each whole month from the last anniversary date of the commencement of the term of the licence until the application is determined.
(1d)If an application for the extension of the term of an exploration licence is granted after the date on which the licence would have expired (but for section 61(3)), the amount to be expended under subregulation (1) or (1b) during the period from the date on which the application is granted until the next anniversary date of the term of the licence is to be calculated on a pro rata basis for each whole month of that period.
(1e)The specific provisions in regulation 96C, relating to allowable expenditure and non‑allowable expenditure for the purposes of calculating expenditure under a licence, apply when calculating expenditure under this regulation.
(2)If an exploration licence is surrendered then a pro rata reduction of the amount to be expended will apply in respect of each whole month from the date of surrender to the next anniversary date of the commencement of the term of the licence.
(3)If during a particular year of the term of an exploration licence or any period referred to in subregulation (1c), the holder of the licence is directly engaged part‑time or full‑time in mining on land the subject of the licence, an amount equivalent to the remuneration that the holder would be entitled to if engaged, under a contractual arrangement, in similar mining activity elsewhere in the district is to be deemed to have been expended during that year or period, as the case requires.
(4)If an exploration licence has retention status, the amount to be expended during the year of the term of the licence in which retention status is approved is to be calculated on a pro rata basis for each whole month from the last anniversary date of the commencement of the term until the end of the month in which the approval takes effect.
(5)Despite subregulations (1) and (1b), if an exploration licence has retention status, expenditure is not required under this regulation during any year of the term of the licence after the year in which retention status is approved.
[Regulation 21 amended in Gazette 16 Nov 1990 p. 5728; 31 May 1991 p. 2697; 31 Jul 1992 p. 3776; 13 Oct 1995 p. 4814‑15; 11 Jun 1999 p. 2543; 18 Jun 1999 p. 2642‑3; 17 Jan 2003 p. 110; 3 Feb 2006 p. 581-3.]
21A.Programme of work for ground disturbing equipment
(1)The programme of work referred to in section 63(aa)(i) shall be lodged at an office of the Department.
(2)The office of Environmental Officer in the Environment Division of the Department is prescribed for the purposes of the interpretation of the term “prescribed official” in section 63(aa)(ii).
[Regulation 21A inserted in Gazette 3 Feb 2006 p. 584.]
(1)The reports required under section 68(3) shall be a report on operations on the mining tenement in the form No. 5 in the First Schedule to be filed —
(a)within 60 days after each anniversary date of the commencement of the term of the licence or within any extension of that period under subregulation (1a); and
(b)within 60 days after the surrender, forfeiture, expiry or other cancellation of the licence or within any extension of that period under subregulation (1a).
(1a)The Minister may, in response to a request made before the expiry of the 60 day period referred to in subregulation (1)(a) or (b), extend that period.
(2)A person who, in a report required under section 68(3), gives information that the person knows is false or misleading in a material respect commits an offence.
[Regulation 22 amended in Gazette 2 Jul 1993 p. 3270; 13 Oct 1995 p. 4815; 17 Jan 2003 p. 110‑11.]
22A.Grounds for deferral under section 65(3b)
Each of the following is a ground for deferral for the purposes of section 65(3b) —
(a)the applicant for deferral is a person authorised by the Minister under section 111 to explore for iron on the land to which the application for deferral relates;
(b)by reason of difficulties or delays —
(i)occasioned by law;
(ii)arising from administrative, political, environmental or other requirements of governmental or other authorities, in the State or elsewhere;
(iii)arising from a requirement to conduct an Aboriginal heritage survey on the land to which the application for deferral relates (the “relevant land”);
(iv)in obtaining requisite consents or approvals for exploration or for the marking out of a mining lease or general purpose lease in relation to any part of the relevant land; or
(v)in gaining access to the relevant land because of unfavourable climatic conditions,
the exploration programme, or the marking out and application appropriate to a mining lease or general purpose lease in relation to the relevant land, could not be undertaken or completed or is restricted in a manner that is, or subject to conditions that are, for the time being impracticable.
[Regulation 22A inserted in Gazette 3 Feb 2006 p. 585-6.]
An application for deferral referred to in section 65(3c) shall be made in writing and lodged at an office of the Department.
[Regulation 22B inserted in Gazette 3 Feb 2006 p. 586.]
23.Endorsement of plans upon surrender
(1)The surrender under section 65 (which in this regulation includes a deemed surrender) of the whole or portion of the land the subject of an exploration licence shall be endorsed on the plans referred to in section 65(5) in the following manner —
(a)the portion surrendered, or deemed surrendered, shall be marked on each plan;
(b)on each plan the portion surrendered, or deemed surrendered, shall be endorsed with the exploration licence number and a release number allocated by the Department; and
(c)at a date and time chosen by an officer authorised by the Director General of Mines for the release of the portion surrendered, or deemed surrendered, that date and time shall be endorsed on that portion of each plan.
(2)Notification for the purposes of section 65(6)(a) shall be given by endorsing the date (the “release date”) and time chosen under subregulation (1)(c) on the plans referred to in section 65(5) at least 14 days before the release date.
[Regulation 23 inserted in Gazette 31 May 1991 p. 2697; amended in Gazette 3 Feb 2006 p. 586.]
23AA.Refund of rent following unsuccessful application under section 65(1a)
(1)If the holder of an exploration licence makes an application under section 65(1a) for an exemption and an exemption is not granted, the holder is entitled to a pro rata refund of rent paid on the blocks surrendered for the period commencing on the day on which the surrender takes effect under section 65(1b).
(2)When calculating a pro rata refund for the purposes of subregulation (1), only whole months of the period referred to in that subregulation are to be the subject of the refund.
[Regulation 23AA inserted in Gazette 13 Oct 1995 p. 4815.]
23AB.Prescribed circumstances under section 61(2)(a)
Each of the following is a ground for extension for the purposes of section 61(2) —
(a)by reason of difficulties or delays —
(i)occasioned by law;
(ii)arising from administrative, political, environmental or other requirements of governmental or other authorities, in the State or elsewhere;
(iia)arising from a requirement to conduct an Aboriginal heritage survey on the land;
(iii)in obtaining requisite consents or approvals for exploration or for the marking out of a mining lease or general purpose lease in relation to any part of the land; or
(iv)in gaining access to the land because of unfavourable climatic conditions,
the exploration programme, or the marking out and application appropriate to a mining lease or general purpose lease in relation to the land, could not be undertaken or completed or is restricted in a manner that is, or subject to conditions that are, for the time being impracticable;
(b)the land the subject of the licence has for any reason the Minister considers sufficient been unworkable for the whole or a considerable part of any year of the term;
(c)work already carried out under the licence justifies further exploration; or
(d)if the exploration licence has retention status, the grounds for approval of retention status under section 69B continue to exist.
[Regulation 23AB inserted in Gazette 13 Oct 1995 p. 4816; amended in Gazette 3 Feb 2006 p. 586-7.]
23A.Extension of exploration
(1)An application under section 61 to extend the term of an exploration licence shall —
(a)be lodged at an office of the Department during the final year of the term of the licence;
(b)be in the form No. 9 in the First Schedule; and
(c)be accompanied by —
(i)the instrument of licence;
(ii)the prescribed rent for a period of 12 months commencing on the day after the day on which the licence is due to expire; and
(iii)information in support of the proposed ground for extension, a summary of work already carried out under the licence and a detailed programme of work proposed to be carried out under the licence.
(2)If the application is refused, a pro rata refund of rent will be paid to the applicant in respect of each whole month of the period for which rent has been paid commencing on the day on which the application is refused.
[Regulation 23A inserted in Gazette 2 Oct 1987 p. 3815; amended in Gazette 13 Oct 1995 p. 4816; 2 Feb 2001 p. 712; 3 Feb 2006 p. 587-8.]
23BA.Application for retention status
(1)An application under section 69A(2) shall —
(a)be lodged at an office of the Department;
(b)be accompanied by a statement specifying —
(i)the details of the programme of work (if any) proposed to be carried out on the land for which retention status is sought; and
(ii)the estimated amount of money (if any) proposed to be expended on such work;
(c)be accompanied by a statutory declaration made by the applicant or a person authorised by the applicant to the effect that —
(i)there is an identified mineral resource in, on or under the land for which retention status is sought; and
(ii)mining of that identified mineral resource is impracticable for one or more of the reasons referred to in section 54(1)(b);
(d)be accompanied by a description of the boundaries of the land for which retention status is sought; and
(e)be accompanied by a map that clearly indicates —
(i)the boundaries of the land for which retention status is sought; and
(ii)the location of the identified mineral resource.
(2)The application fee for the purposes of section 69A(3)(e) is the fee set out in item 2A of the Second Schedule.
[Regulation 23BA inserted in Gazette 3 Feb 2006 p. 588-9.]
23BB.Application for special prospecting licence
(1)For the purposes of section 70(2) the prescribed period is 14 days after the day on which the application for the special prospecting licence is lodged.
(2)For the purposes of section 70(5a) the prescribed period is 28 days after the day on which the application for the special prospecting licence is lodged.
[Regulation 23BB inserted in Gazette 3 Feb 2006 p. 589.]
Division 2A — Retention licences
[Heading inserted in Gazette 24 Jun 1994 p. 2928.]
23B.Application and marking out
(1)An applicant for a retention licence is to comply with the regulations in Part V, Division 2 with such modifications as the circumstances require.
(2)It is not necessary to mark out the land in respect of which a retention licence is sought unless the Minister so requires under section 70D(9).
(3)If the Minister requires the land to be marked out the applicant is to do so in accordance with regulations 59, 60 and 61.
[Regulation 23B inserted in Gazette 24 Jun 1994 p. 2928; amended in Gazette 4 Apr 1997 p. 1778.]
[23C.Repealed in Gazette 2 Feb 2001 p. 712.]
The instrument of licence for a retention licence shall be in the form No. 7 in the First Schedule.
[Regulation 23D inserted in Gazette 24 Jun 1994 p. 2928.]
23DA.Programme of work for ground disturbing equipment
(1)The programme of work referred to in section 70H(1)(aa)(i) shall be lodged at an office of the Department.
(2)The office of Environmental Officer in the Environment Division of the Department is prescribed for the purposes of the interpretation of the term “prescribed official” in section 70H(1)(aa)(ii).
[Regulation 23DA inserted in Gazette 3 Feb 2006 p. 589-90.]
(1)The periodical reports and returns required under section 70H(1)(f) shall be a report on operations on the mining tenement in the form No. 5 in the First Schedule, to be lodged —
(a)within 60 days after each anniversary date of the commencement of the term of the licence or within any extension of that period under subregulation (1a); and
(b)within 60 days after the surrender, forfeiture, expiry or other cancellation of the licence or within any extension of that period under subregulation (1a).
(1a)The Minister may, in response to a request made before the expiry of the 60 day period referred to in subregulation (1)(a) or (b), extend that period.
(2)A person who, in a report required under section 70H(1)(f), gives information that the person knows is false or misleading in a material respect commits an offence.
[Regulation 23E inserted in Gazette 24 Jun 1994 p. 2928‑9; amended in Gazette 17 Jan 2003 p. 111.]
(1)An application under section 70E(2) for the renewal or further renewal of a retention licence shall be —
(a)made in the form No. 9 in the First Schedule;
(b)accompanied by —
(i)a report setting out a summary of any work and any investigations carried out under the licence, and a detailed programme of any work and any investigations proposed to be carried out under the licence;
(ii)a statutory declaration stating that mining of the identified mineral resource remains impracticable for one or more of the reasons referred to in section 70C(2) (and setting out that reason or those reasons in the statutory declaration);
(iii)the instrument of licence; and
(iv)the prescribed rent for a period of 12 months commencing on the day after the day on which the licence is due to expire;
and
(c)lodged at the office of the mining registrar at any time during the final year of the term of that licence.
(2)If the application is refused, a pro rata refund of rent will be paid to the applicant in respect of each whole month of the period for which rent has been paid, commencing on the day on which the application is refused.
[Regulation 23F inserted in Gazette 24 Jun 1994 p. 2929; amended in Gazette 2 Feb 2001 p. 712.]
23G.Limit on amount of earth, etc., that may be removed
For the purposes of section 70J(c), the limit on the amount of land, earth, soil, rock, stone, fluid or mineral bearing substance which may be excavated, extracted or removed during the period for which the retention licence remains in force is 1 000 tonnes in total, and the excavation, extraction or removal of a larger tonnage, without the Minister’s written approval, renders the licence liable to forfeiture.
[Regulation 23G inserted in Gazette 24 Jun 1994 p. 2929.]
[23H.Repealed in Gazette 3 Feb 2006 p. 590.]
24.Marking out and application
An applicant for a mining lease shall comply with the regulations in Part V as to marking out and applying for the lease.
25.Guidelines under Part IV Division 3 of the Act
For the purposes of section 70P —
(a)copies of the guidelines are to be made available at each office of the Department; and
(b)an electronic version of the guidelines is to be published on the Department’s internet website.
[Regulation 25 inserted in Gazette 3 Feb 2006 p. 590.]
25A.Marking out after grant of lease
Regulations 59, 60 and 61 apply, with any necessary modifications, in relation to marking out the boundaries of an area for the purposes of section 73(2).
[Regulation 25A inserted in Gazette 3 Feb 2006 p. 590.]
25B.Fees for copies of certain documents
A person who wishes to obtain —
(a)a copy of a document referred to in section 74(5);
(b)a copy of a report under section 74A; or
(c)a copy of any part of such a document or report,
shall pay the fee set out in item 2B of the Second Schedule.
[Regulation 25B inserted in Gazette 3 Feb 2006 p. 590.]
25C.Qualified persons — section 74
For the purposes of paragraph (a) of the definition of “qualified person” in section 74(7) each of the following is a prescribed body —
(a)the Australasian Institute of Mining and Metallurgy;
(b)the Australian Institute of Geoscientists.
[Regulation 2C inserted in Gazette 3 Feb 2006 p. 591.]
The instrument of lease for a mining lease shall be in the form No. 8 in the First Schedule.
Every mining lease shall contain and be subject to the following covenants that the lessee shall —
(a)pay the rents and royalties due under the lease at the prescribed time and in the prescribed manner;
(b)use the land in respect of which the lease is granted only for mining purposes in accordance with the Act;
(c)comply with the prescribed expenditure conditions applicable to such land unless partial or total exemption therefrom is granted in such manner as is prescribed;
(d)not assign, underlet or part with possession of such land or any part thereof without the prior written consent of the Minister, or of an officer of the Department acting with the authority of the Minister;
(e)lodge with the Department at Perth such periodical reports and returns as may be prescribed; and
(f)promptly report in writing to the Minister details of all minerals of economic significance discovered in, on or under the land the subject of the mining lease.
In addition to the covenants and conditions contained in section 82 of the Act it shall be a condition of every mining lease that all holes, pits, trenches and other disturbances to the surface of the land made whilst mining which in the opinion of an environmental officer are likely to endanger the safety of any person or animal will be filled in or otherwise made safe to the satisfaction of the environmental officer.
[Regulation 28 amended in Gazette 3 Feb 2006 p. 591.]
28A.Additional rent for mining lease producing iron ore
(1)In addition to the rent prescribed in the Second Schedule, a lessee shall pay rent calculated at the rate of 25 cents per tonne of all forms of iron ore obtained from the mining lease after the expiry of the period of 15 years from —
(a)the day on which iron ore is or was first obtained from that mining lease by the lessee; or
(b)the day on which the Mining Amendment Regulations 1996 1 came into operation,
whichever is the later day.
(2)Despite regulation 93, the rent shall be paid to the Department at Perth within 30 days after the expiry of each quarterly period during which the iron ore was obtained from the mining lease.
(3)A lessee shall, on each occasion that rent is paid under this regulation, lodge a return, in a form approved by the Minister, showing in full the details required to calculate the rent.
[Regulation 28A inserted in Gazette 13 Sep 1996 p. 4598.]
(1)Application for renewal of a mining lease under section 78 shall be —
(a)made in the form No. 9 in the First Schedule;
(b)accompanied by —
(i)the duplicate instrument of lease (if issued); and
(ii)the prescribed rent for a period of 12 months commencing on the day after the day on which the term of the lease is due to expire;
and
(c)lodged at the office of the mining registrar at any time during the final year of the term of that lease.
(2)If the application is refused, a pro rata refund of rent will be paid to the applicant in respect of each whole month of the period for which rent has been paid commencing on the day on which the application is refused.
[Regulation 29 inserted in Gazette 2 Oct 1987 p. 3816; amended in Gazette 2 Feb 2001 p. 712.]
30.Notice required by section 56A(8), 70(6) or 85B(3)
When the holder of —
(a)a special prospecting licence granted under section 56A(8);
(b)a special prospecting licence granted under section 70(6); or
(c)a special prospecting licence granted under section 85B(3),
makes an application for a mining lease for gold in respect of the land or any part of the land which is the subject of a special prospecting licence, that person shall, within 14 days of the date of the application, serve notice in the form No. 21 in the First Schedule on the holder of —
(aa)the prospecting licence first‑mentioned in section 56A(1);
(bb)the exploration licence referred to in section 70(1); or
(cc)the mining lease referred to in section 85B(1),
as the case may be.
[Regulation 30 inserted in Gazette 24 Jun 1994 p. 2930.]
(1)The holder of a mining lease shall expend or cause to be expended in mining on or in connection with mining on the lease not less than $100 for each hectare or part thereof of the area of the lease with a minimum of $10 000 during each year of the term of the lease; but if the holder is directly engaged part‑time or full‑time in mining on the lease itself then an amount equivalent to the remuneration that the holder would be entitled to if engaged, under a contractual arrangement, in similar mining activity elsewhere in the district shall be deemed to have been expended:
Provided that where the area of a mining lease does not exceed 5 hectares the minimum annual expenditure shall be $5 000.
(1a)Expenditure incurred under subregulation (1) during the month in which the anniversary date of the commencement of the term of the lease occurs may be treated by the holder as expenditure incurred in either the year immediately preceding that anniversary date or the year starting from such date.
(1b)The specific provisions in regulation 96C, relating to allowable expenditure and non‑allowable expenditure for the purposes of calculating expenditure under a lease, apply when calculating expenditure under this regulation.
(2)If a mining lease is surrendered then a pro rata reduction of the amount to be expended will apply in respect of each whole month from the date of surrender to the next anniversary date of the commencement of the term of the lease.
[Regulation 31 amended in Gazette 16 Nov 1990 p. 5728; 31 Jul 1992 p. 3776; 11 Jun 1999 p. 2544; 18 Jun 1999 p. 2643; 17 Jan 2003 p. 111.]
31A.Programme of work for ground disturbing equipment
(1)The programme of work referred to in section 82(1)(ca)(i) shall be lodged at an office of the Department.
(2)The office of Environmental Officer in the Environment Division of the Department is prescribed for the purposes of the interpretation of the term “prescribed official” in section 82(1)(ca)(i).
[Regulation 31A inserted in Gazette 3 Feb 2006 p. 591.]
(1)The reports required under section 82(1) shall be in the form No. 5 in the First Schedule and filed —
(a)within 60 days after each anniversary date of the commencement of the term of the lease or within any extension of that period under subregulation (1a); and
(b)within 60 days after the surrender, forfeiture, expiry or other cancellation of the lease or within any extension of that period under subregulation (1a).
(1a)The Minister may, in response to a request made before the expiry of the 60 day period referred to in subregulation (1)(a) or (b), extend that period.
(2)A person who, in a report required under section 82(1) of the Act, gives information that the person knows is false or misleading in a material respect commits an offence.
[Regulation 32 amended in Gazette 2 Oct 1987 p. 3816; 2 Jul 1993 p. 3270; 17 Jan 2003 p. 112.]
32A.Condition under section 82A
(1)For the purposes of section 82A(2) the following kinds of mining operations are prescribed —
(a)open‑cut operations;
(b)underground operations;
(c)quarrying operations;
(d)dredging operations;
(e)harvesting operations;
(f)scraping operations;
(g)leaching operations;
(h)tailing treatment operations;
(i)construction activities incidental or conducive to mining operations, including the construction of plant, tailing storage facilities and overburden dumps.
(2)A mining proposal referred to in section 82A(2)(a) shall be lodged at an office of the Department.
(3)The office of Director, Environment Division in the Department is prescribed for the purposes of the interpretation of the term “prescribed official” in section 82A(2)(b).
[Regulation 32A inserted in Gazette 3 Feb 2006 p. 592.]
Division 4 — General purpose leases
33.Marking out and application
An applicant for a general purpose lease shall comply with the regulations in Part V as to marking out and applying for the lease.
[34.Repealed in Gazette 2 Feb 2001 p. 712.]
The instrument of lease for a general purpose lease shall be in the form No. 10 in the First Schedule.
Every general purpose lease shall contain and be subject to the following covenants and conditions that the lessee shall —
(a)pay the rents due under the lease at the prescribed time and in the prescribed manner;
(b)use the land in respect of which the lease is granted only for the purposes specified in the lease;
(c)not assign, underlet or part with possession of such land or any part thereof without the prior written consent of the Minister, or of an officer of the Department acting with the authority of the Minister;
(d)lodge with the Department at Perth such periodical reports as are approved by the Director General of Mines as being required in respect of a general purpose lease;
(e)promptly report in writing to the Minister details of all minerals of economic significance discovered in, on or under the land the subject of the lease; and
(f)be liable to have the lease forfeited if he is in breach of any of the covenants or conditions thereof.
[Regulation 36 amended in Gazette 2 Oct 1987 p. 3837.]
(1)Application for renewal of a general purpose lease under section 88 shall be —
(a)in the form No. 9 in the First Schedule;
(b)accompanied by —
(i)the duplicate instrument of lease (if issued); and
(ii)the prescribed rent for a period of 12 months commencing on the day after the day on which the term of the lease is due to expire;
and
(c)lodged at the office of the mining registrar at any time during the final year of the term of that lease.
(2)If the application is refused, a pro rata refund of rent will be paid to the applicant in respect of each whole month of the period for which rent has been paid commencing on the day on which the application is refused.
[Regulation 36A inserted in Gazette 2 Oct 1987 p. 3817; amended in Gazette 2 Feb 2001 p. 712.]
Division 5 — Miscellaneous licences
37.Marking out and application
(1)A miscellaneous licence shall be marked out —
(a)by erecting a post (the “datum post”) projecting not less than one metre above the ground at a corner or angle of the boundaries of the land in respect of which the licence is sought; and
(b)by affixing to the datum post a notice in the Form No. 20 in the First Schedule and a map as referred to in section 93(2).
(2)The applicant for a miscellaneous licence shall comply with the regulations in Part V relating to applications and in addition to giving notice of the application as required under the Act and these regulations, shall also cause copies to be given to each applicant for or holder of any mining tenement comprising any portion of the land the subject of the application.
(3)Within 35 days of the date of application for a miscellaneous licence the applicant shall lodge at the office of the mining registrar written details of —
(a)any works to be constructed in connection with the licence;
(b)the proposed manner of construction of such works; and
(c)any operations to be carried out on the land the subject of the application.
[Regulation 37 amended in Gazette 16 Nov 1990 p. 5728; 13 Oct 1995 p. 4816; 17 Jan 2003 p. 112; 15 Aug 2003 p. 3693.]
A miscellaneous licence may be of any shape but the boundaries of the land shall where practicable comprise straight lines.
[39.Repealed in Gazette 2 Feb 2001 p. 712.]
[40.Repealed in Gazette 13 Oct 1995 p. 4816.]
Every miscellaneous licence shall contain and be subject to the following covenants and conditions that the licensee shall —
(a)pay the rents due under the licence at the prescribed time and in the prescribed manner;
(b)continuously use the licence for the purpose for which it was granted;
(c)not assign, underlet or part with possession of the licence or any part thereof without the prior written consent of the Minister, or of an officer of the Department acting with the authority of the Minister;
(d)lodge with the Department at Perth such periodical reports as are approved by the Director General of Mines as being required in respect of a miscellaneous licence;
(e)promptly report in writing to the Minister details of all minerals of economic significance discovered in, on or under the land the subject of the licence; and
(f)be liable to have the licence forfeited if he is in breach of any of the covenants or conditions thereof.
[Regulation 41 amended in Gazette 2 Oct 1987 p. 3837.]
The instrument of licence for a miscellaneous licence shall be in the form No. 11 in the First Schedule.
(1)Application for renewal of a miscellaneous licence under section 91A or 91B shall be —
(a)in the form No. 9 in the First Schedule;
(b)accompanied by —
(i)the instrument of licence; and
(ii)the prescribed rent for a period of 12 months commencing on the day after the day on which the licence is due to expire;
and
(c)lodged at the office of the mining registrar at any time during the final year of the term of that licence.
(2)If the application is refused, a pro rata refund of rent will be paid to the applicant in respect of each whole month of the period for which rent has been paid commencing on the day on which the application is refused.
[Regulation 42A inserted in Gazette 2 Oct 1987 p. 3817; amended in Gazette 11 Jun 1999 p. 2544; 2 Feb 2001 p. 712.]
42B.Prescribed purposes for grant of miscellaneous
For the purposes of section 91(1), a miscellaneous licence may be granted for the use of land for one or more of the following purposes —
(a)a road;
(b)a tramway;
(c)an aerial rope way;
(d)a pipeline;
(e)a power line;
(f)a conveyor system;
(g)a tunnel;
(h)a bridge;
(i)taking water;
(ia)a search for groundwater;
(j)hydraulic reclamation and transport of tailings;
(k)an aerodrome;
(l)a meteorological station;
(m)a sulphur dioxide monitoring station; or
(n)any other purpose directly connected with mining operations approved by the Director General of Mines.
[Regulation 42B inserted in Gazette 13 Oct 1995 p. 4817; amended in Gazette 4 Apr 1997 p. 1778.]
Division 6 — Surrenders and forfeitures
(1)The holder of a mining tenement wishing to surrender in whole such tenement shall execute a surrender in the form No. 12 in the First Schedule and shall lodge the surrender with the instrument of lease or licence (if issued).
(2)The surrender under section 95 of the Act of one or more mining tenements may be conditional on an application for a new mining tenement in respect of the whole or any part of the area of the mining tenement or mining tenements so surrendered being granted to the holder of that mining tenement or those mining tenements.
[Regulation 43 amended in Gazette 12 Nov 1982 p. 4490.]
44.Shape of tenement after partial surrender
(1)Where a mining tenement is surrendered in part under section 95 of the Act, the part of the tenement remaining after surrender shall except in respect of an exploration licence constitute a single area the shape of which is as near as practicable as the circumstances permit in accordance with regulation 92, but —
(a)in respect of an existing exploration licence, the part remaining shall consist of not more than 3 discrete areas each of which is of the shape prescribed by that regulation or as near to that shape as is practicable; or
(b)in respect of a graticular exploration licence, the graticular sections that constitute the blocks that remain subject to the exploration licence shall comply with section 65(1).
(2)The surrender in part under section 95 of the Act of one or more mining tenements may be conditional on an application for a new mining tenement in respect of the whole or any part of the area of —
(a)the part of the mining tenement; or
(b)the parts of the mining tenements,
so surrendered being granted to the holder of that mining tenement or those mining tenements.
[Regulation 44 amended in Gazette 12 Nov 1982 p. 4490; 31 May 1991 p. 2697‑8.]
45.Marking out etc., required for partial surrender
(1)Where a mining tenement is being surrendered as to part only the holder shall —
(a)in the case of a mining tenement other than an exploration licence, comply with subregulations (2) to (4); and
(b)in the case of an exploration licence comply with subregulation (3), but no fee shall be payable for a surrender required pursuant to section 65 of the Act; and
(c)in the case of a surrender under section 65, also comply with the Act as if that surrender were a surrender under section 95.
(2)Additional posts shall be erected and trenches cut as if the part of the tenement to be retained was being marked out as a new mining tenement in accordance with regulation 59 except that in lieu of a notice of marking out, a notice of re‑marking in the form No. 13 in the First Schedule, shall be used.
(3)A partial surrender in the form No. 14 in the First Schedule shall be executed and lodged with the instrument of lease or licence (if issued), the prescribed fee and, in the case of an exploration licence, evidence of the approval required by section 95A(2).
(4)Any posts or notice of re‑marking placed in connection with a surrender pursuant to this regulation shall be removed in the event of the surrender not being proceeded with or not being registered.
(5)Where a part of a mining tenement is to be surrendered under section 26A, a surrender in the form No. 14 in the First Schedule shall be executed and lodged accompanied by a map clearly delineating the portion of the tenement being surrendered, and the portion being retained, but any further requirements of this regulation do not apply.
[Regulation 45 amended in Gazette 15 Jun 1984 p. 1655; 20 Jun 1986 p. 2084; 26 Jun 1987 p. 2526; 2 Oct 1987 p. 3817; 16 Nov 1990 p. 5728; 31 May 1991 p. 2698 (corrigendum in Gazette 7 Jun 1991 p. 2836); 21 Jun 1991 p. 3055; 24 Jun 1994 p. 2931; 17 Jan 2003 p. 106.]
46.Partial surrender to be endorsed on instrument of lease/
Where a mining tenement is surrendered as to part only, particulars of the registered surrender shall be endorsed on the instrument of lease or licence.
47.Consent of mortgagee to surrender
(1)A surrender relating to a mining tenement encumbered by a mortgage shall be accompanied by the written consent of the mortgagee unless the surrender is pursuant to section 26A or 65 of the Act.
(2)If the surrender referred to in subregulation (1) is conditional in favour of an application for a new mining tenement, the holder and the mortgagee may agree to continue the mortgage against the new tenement and lodge a deed of variation accordingly with the consent referred to in subregulation (1) and upon the conditional surrender being registered, the mortgage shall continue as registered against the new tenement and shall thereafter be of full force and effect in respect of that tenement.
[Regulation 47 amended in Gazette 31 May 1991 p. 2698.]
47A.Refund where conditional surrender of mining lease or general purpose lease
(1)If —
(a)the holder of a mining lease or a general purpose lease surrenders the lease in whole or in part under section 95 conditionally upon the grant of a mining tenement in respect of the whole or any part of the lease; and
(b)that mining tenement is granted,
the holder is entitled to a pro rata refund of rent paid on the whole or such part of the lease as is included in that mining tenement for the period commencing on the day on which that mining tenement is granted.
(2)When calculating a pro rata refund for the purposes of subregulation (1) only whole months of the period referred to in that subregulation are to be the subject of the refund.
[Regulation 47A inserted in Gazette 13 Oct 1995 p. 4817.]
An application for the forfeiture of a mining tenement under section 96(1)(b) or section 98 of the Act shall be made by way of plaint in the form No. 33 in the First Schedule.
49.Forfeiture for non‑payment of rent, etc.
(1)An application for the forfeiture of a mining tenement under section 96(1)(a) of the Act shall be in the form No. 15 in the First Schedule.
(2)On receipt of an application referred to in subregulation (1), the warden shall fix a date on which he intends to hear an application for the forfeiture of the mining tenement (hereinafter in this regulation referred to as the fixed date), and the warden shall then cause the following action to be taken —
(a)written notification of the intended hearing to be forwarded by post to the holder of the mining tenement, at least 30 days prior to the fixed date, addressed to him at his last known place of abode or business;
(b)a notice of the intended hearing to be posted up on the notice board at the office of the mining registrar at least 14 days prior to the fixed date; and
(c)notice of the intended hearing to be published in the Government Gazette at least 14 days prior to the fixed date.
(3)An objection in the form No. 16 in the First Schedule against the warden making an order for forfeiture referred to in subregulation (2) may be lodged at the office of the mining registrar at any time prior to the fixed date, and the warden shall hear and determine the matter.
[Regulation 49 amended in Gazette 24 Dec 1993 p. 6828.]
50.Notice to holder of mining tenement of intended forfeiture
The Minister may, before declaring under section 96A(1) of the Act that an exploration licence or retention licence is forfeited or declaring under section 97(1) a mining lease or general purpose lease forfeited, as the case requires, cause —
(a)a written notification (which specifies a date on or before which the holder of the exploration licence or retention licence, or of the mining lease or general purpose lease may pay any outstanding rents or royalties or make written submissions that that holder wishes the Minister to consider) to be posted to that holder at his last known place of abode or business giving notice of the intended forfeiture of the exploration licence or retention licence, or of the mining lease or general purpose lease; and
(b)if the exploration licence or retention licence, or the mining lease or general purpose lease is liable to forfeiture for non‑payment of rent or royalties, a notice of the intended forfeiture thereof to be posted on the notice board at the office of the mining registrar and published in the Government Gazette.
[Regulation 50 amended in Gazette 24 Jun 1994 p. 2931.]
51.Application for restoration of tenement
An application under section 97A for restoration of a mining tenement and cancellation of forfeiture shall be —
(a)in the form No. 17 in the First Schedule;
(b)accompanied by the prescribed fee;
(c)accompanied by any outstanding rent payable by the applicant under the Act in relation to the forfeited tenement; and
(d)lodged at the office of the mining registrar within 30 days of the forfeiture of the mining tenement or such further period as the warden considers reasonable.
[Regulation 51 inserted in Gazette 2 Oct 1987 p. 3818; amended in Gazette 24 Jun 1994 p. 2931.]
51A.Notice of application for restoration
Notice of an application made under section 97A(1) shall be in the form No. 17 in the First Schedule.
[Regulation 51A inserted in Gazette 2 Oct 1987 p. 3818.]
A notice of objection to the granting of an application under section 97A(1) shall be —
(a)in the form No. 16 in the First Schedule; and
(b)lodged at the office of the mining registrar within 30 days of the lodging of the application at the office of the mining registrar or within such further time as the warden considers reasonable.
[Regulation 51B inserted in Gazette 2 Oct 1987 p. 3818; amended in Gazette 24 Dec 1993 p. 6828; 24 Jun 1994 p. 2931.]
52.Reduced expenditure where forfeiture plaint lodged
Notwithstanding regulations 15(1), 21(1) and (1b) and 31(1), where a plaint for forfeiture of a mining tenement is lodged, a pro rata reduction in the annual amount to be expended in respect of the mining tenement applies for each whole month from the date of lodgment to the date of determination of the plaint.
[Regulation 52 inserted in Gazette 16 Nov 1990 p. 5728; amended in Gazette 3 Feb 2006 p. 592.]
Where a mining tenement that is liable to forfeiture is encumbered by a mortgage then at the same time as notification is sent to the holder pursuant to regulations 49 and 50 the warden or Minister as the case may be shall cause a copy of the notification to be forwarded to the mortgagee by post.
54.Application for certificate of exemption
(1)An application for a certificate of exemption under section 102 shall be made in the form No. 18 in the First Schedule and lodged at the office of the mining registrar with the prescribed fee.
(1a)For the purposes of section 102(1), the prescribed period in which an application may be made, after the end of the year to which the proposed exemption relates, is 60 days.
(1b)The mining registrar shall, on the lodging of an application for a certificate of exemption under section 102, post a copy of the application on the notice board at his office.
(2)An application for a certificate of exemption under section 102A shall be accompanied by the prescribed fee.
(3)An applicant for a certificate of exemption under section 102 or 102A shall also lodge at the office of the mining registrar, reasons in the form of a statutory declaration supporting the application for the certificate of exemption within 28 days after the lodgment of the application or within any extension of that period under subregulation (4).
(4)The Minister may, in response to a request made before the expiry of the 28 day period referred to in subregulation (3), extend that period.
[Regulation 54 inserted in Gazette 2 Oct 1987 p. 3818; amended in Gazette 31 May 1991 p. 2698; 13 Oct 1995 p. 4818; 4 Apr 1997 p. 1778; 17 Jan 2003 p. 113.]
55.Objection to application for exemption
A person may within 21 days of the date of lodgement of an application for a certificate of exemption under section 102, or within such further period as the warden considers reasonable, lodge an objection against that application in the form No. 16 in the First Schedule.
[Regulation 55 inserted in Gazette 13 Oct 1995 p. 4818; amended in Gazette 4 Apr 1997 p. 1778.]
56.Evidence in support of application
(1)Where any objection against an application for a certificate of exemption under section 102 is lodged within the time allowed, the warden shall receive evidence in open court in support of the application and in support of any objection so lodged.
[(2)repealed]
[Regulation 56 inserted in Gazette 2 Oct 1987 p. 3818; amended in Gazette 31 May 1991 p. 2698 (corrigendum in Gazette 21 Jun 1991 p. 3057).]
[57.Repealed in Gazette 2 Oct 1987 p. 3818.]
A certificate of exemption under section 102 or 102A shall be in the form No. 19 in the First Schedule.
[Regulation 58 amended in Gazette 2 Oct 1987 p. 3819.]
58A.Aggregate exploration expenditure
(1)In this regulation —
“relevant operations report” means a report of the kind required under section 51, 68(3), 70H(1)(f) or 82(1)(e) —
(a)filed for a combined reporting tenement; and
(b)covering the year or any part of the year to which the proposed exemption relates.
(2)For the purposes of the definition of “aggregate exploration expenditure” in section 102(2a), the expenditure is to be worked out by adding together the total exploration expenditure shown in each relevant operations report.
[Regulation 58A inserted in Gazette 3 Feb 2006 p. 593.]
Division 1 — Marking out mining tenements
59.Manner of marking out a tenement
(1)Land in respect of which a person is seeking a mining tenement shall, except where other provision is expressly made, be marked out —
(a)by fixing firmly in the ground —
(i)at or as close as practicable to each corner or angle of the land concerned; or
(ii)if there is an existing survey mark at a corner or angle of the land concerned, as close as practicable to the survey mark without moving, changing or otherwise interfering with the survey mark,
a post projecting at least 1 metre above the ground;
(b)subject to subregulation (3), by either —
(i)cutting 2 clearly identifiable trenches; or
(ii)placing 2 clearly identifiable rows of stones,
each at least 1 metre long from each post in the general direction of the boundary lines; and
(c)then by fixing firmly to one of the posts as the datum post, notice of marking out in the form No. 20 in the First Schedule.
(2)Where the land adjoins other land in respect of which the same person is seeking or holds a mining tenement, common posts and, if required, common trenches or common rows of stones may be used for the marking out of each parcel of land.
(3)Where a post is fixed as close as practicable to an existing survey mark under subregulation (1)(a)(ii), marking out in the manner described in subregulation (1)(b) is not required.
(4)This regulation does not apply to the marking out of a miscellaneous licence.
[Regulation 59 inserted in Gazette 16 Nov 1990 p. 5728; amended in Gazette 2 Jul 1993 p. 3271; 15 Aug 2003 p. 3693.]
60.Stones used to support posts
Where, because of the nature of the ground, it is not practicable to fix posts firmly in the ground as required by regulation 59(1), stones may be used to support the posts.
[Regulation 60 inserted in Gazette 2 Jul 1993 p. 3271.]
It shall not be necessary to mark out land in respect of which a mining tenement is sought, the boundaries of which are identical with any surveyed land, other than by fixing —
(a)at a corner of the boundaries; or
(b)if there is an existing survey mark at a corner of the boundaries, as close as practicable to the survey mark without moving, changing or otherwise interfering with the survey mark,
a datum post to which the notice of marking out in the form No. 20 in the First Schedule is affixed.
[Regulation 61 amended in Gazette 2 Oct 1987 p. 3819; 2 Jul 1993 p. 3271.]
62.Surplus land may be applied for by others
(1)A person who makes an application for a mining tenement which is marked out to comprise an area in excess of the maximum area provided in the Act for such tenement is, before the tenement is granted, liable to have the surplus land at either end, or side, marked out at the option of another person who wishes to apply for a mining tenement in respect of that surplus land.
(2)Subregulation (1) does not apply in respect to any land containing the workings of the person first marking out, or on which any permanent building has been erected.
[Regulation 62 amended in Gazette 11 Jun 1999 p. 2544.]
63.Land marked out but not applied for
(1)If a person marks out land as a mining tenement in accordance with these regulations but fails to lodge an application therefor within the prescribed time he shall not be at liberty to mark out any portion of the same land within 21 days from the date of the first marking out.
(2)A person who, by himself or in collusion with any other person, causes anything to be done with the intent of defeating the terms of subregulation (1) commits an offence.
63A.Requirement for marking out following grant of reversion licence
(1)If, as a result of a reversion licence application, a mining tenement (the “reversion licence”) is granted in respect of part of the land the subject of an application for a mining lease (the “lease application”), the applicant for the mining lease shall, in the manner provided for in regulation 59, mark out the land that remains the subject of the lease application as soon as practicable after the reversion licence is granted.
(2)A person who contravenes subregulation (1) commits an offence.
[Regulation 63A inserted in Gazette 3 Feb 2006 p. 593-4.]
Division 2 — Applications and objections
64.Application for mining tenement
(1)Application for a mining tenement shall be in the form No. 21 in the First Schedule and lodged with the warden by being filed at the office of the mining registrar within 10 days of marking out or such further time as the warden considers reasonable.
(1a)For the purposes of section 58(1) an application for an exploration licence, in the form No. 21 of the First Schedule, includes —
(a)a completed copy of Attachment 1 to form No. 21, identifying the block or blocks to which the application relates by number; and
(b)a completed copy of Attachment 2 to form No. 21, clearly delineating the block or blocks to which the application relates,
in accordance with section 58(2)(a).
(1b)The prescribed application fee for a mining tenement is set out in item 2 of the Second Schedule.
(1c)An application for a mining tenement must be accompanied by ten elevenths of the annual rent set out in item 1 of the Second Schedule for that tenement.
(2)On receipt of the application the mining registrar shall post a copy of the application on the notice board at his office.
(3)The applicant shall obtain from the mining registrar sufficient copies of the application to enable, where applicable, copies to be served or given in accordance with sections 33, 41, 56A, 70, 85B, 91 or 118 of the Act, and compliance with subregulations (4), (5) and (6).
(4)The applicant shall affix a copy of the application to the datum post of the ground applied for within 14 days of the date of application, or such further period as the warden considers reasonable, and shall keep the copy intact and legible until the application is granted, but the affixing of the copy to the datum post may be dispensed with by the warden upon his being satisfied that the ground is situated in a remote or unoccupied locality and such affixing would not effect publicity.
(5)The applicant shall cause an advertisement, containing such particulars of the application as the Director General of Mines requires, to be published —
(a)in a newspaper or newspapers; and
(b)on a day of the week,
nominated by the Director General of Mines, within 14 days of the date of the application or within such further period as the warden considers reasonable.
(5a)Subregulation (5) does not apply in relation to an application for a special prospecting licence under section 56A, 70 or 85B.
(5b)Subregulation (5) does not apply in relation to a reversion licence application if the boundaries of the land to which the application relates are identical to, or located entirely within, the boundaries of the land the subject of the relevant lease application or lease applications referred to in section 120AA(2).
(6)An applicant for a mining tenement in respect of land that is the subject of a miscellaneous licence shall, in addition to giving notice of the application as required by the Act and these regulations, cause a copy of the application to be given to the holder of the miscellaneous licence.
[Regulation 64 amended in Gazette 2 Oct 1987 p. 3819; 31 May 1991 p. 2698‑9; 31 Jul 1992 p. 3776; 2 Jul 1993 p. 3271; 24 Jun 1994 p. 2931; 13 Oct 1995 p. 4818; 4 Apr 1997 p. 1778; 2 Feb 2001 p. 712‑13; 3 Feb 2006 p. 594.]
64A.Notice of application for prospecting licence, exploration licence, retention licence or mining lease
For the purposes of sections 41(2), 58(4), 70C(4) and 74(3), the notice required to be served on the owner and occupier shall be —
(a)in the form No. 21 in the First Schedule; and
(b)served by the applicant within 14 days of the lodging of the application to which the notice relates.
[Regulation 64A inserted in Gazette 13 Oct 1995 p. 4818.]
64B.Notice of application for mining tenement — pastoral lessee or other leaseholder
For the purposes of section 118, where notice is required to be given to the holder of a pastoral lease, or other lease granted by or on behalf of the Crown for grazing purposes only, that notice is to be given within 14 days of the lodging of the application to which the notice relates.
[Regulation 64B inserted in Gazette 24 Jun 1994 p. 2931.]
64C.Copy of application for miscellaneous licence
For the purposes of section 91(9), the prescribed time is 14 days after the lodging of the application concerned.
[Regulation 64C inserted in Gazette 17 Jan 2003 p. 106.]
65.Number of shares to be stated on application
Every application for a mining tenement shall state the number of shares in which the tenement is to be held and their division, but no fractions of shares may be held.
The boundaries of every mining tenement applied for, other than an exploration licence, shall be described from either —
(a)an existing survey mark;
(b)a prominent ground feature shown on the public plans of the Department;
(c)latitude and longitude; or
(d)Map Grid of Australia 1994 coordinates.
[Regulation 66 inserted in Gazette 2 Jul 1993 p. 3271; amended in Gazette 15 Dec 2000 p. 7219.]
[66A.Repealed in Gazette 4 Apr 1997 p. 1778.]
67.Objection against application
(1)Within 35 days of the date of application for a mining tenement or such further period as the warden considers reasonable any person may lodge at the office of the mining registrar an objection in the form No. 16 in the First Schedule and the objector shall serve a copy of such objection on the applicant.
(2)Notwithstanding subregulation (1), where an application is made for a mining tenement that relates to private land, the period during which a person may lodge an objection is —
(a)within 21 days of the date on which the person was served with a copy of notice required to be given under section 33(1); or
(b)within 35 days of the date of the application,
whichever period ends later, or such further period as the warden considers reasonable.
[Regulation 67 amended in Gazette 31 May 1991 p. 2699; 2 Jul 1993 p. 3272; 24 Dec 1993 p. 6828.]
[67A.Repealed in Gazette 4 Apr 1997 p. 1778.]
Prior to making any recommendation or granting any application for a mining tenement, the warden may obtain a report from the Director, Geological Survey or any other officer of the Department.
[Regulation 68 amended in Gazette 3 Feb 2006 p. 594.]
An applicant for a mining tenement may, at any time before the granting of the application, apply to withdraw his application by lodging at the office of the mining registrar a withdrawal in the form No. 22 in the First Schedule, but if —
(a)the land in respect of which the application is made is private land; and
(b)the owner, or occupier, of the private land referred to in paragraph (a) has lodged an objection to the application,
the application shall not be withdrawn without leave of the warden at the hearing of the application.
69A.GST to be paid at time of grant of application
(1)In this regulation —
“prescribed application” means an application for a mining tenement that is made after 5 February 2001.
(2)A prescribed application shall not be granted unless the applicant pays one eleventh of the annual rent that was prescribed for that tenement at the time the application was made.
(3)Written notice requiring the payment of the amount referred to in subregulation (2) within 30 days of the date of the issue of the notice may be given to the applicant.
(4)If an applicant does not pay the amount referred to in subregulation (2) as required by such a notice, the prescribed application may be refused.
[Regulation 69A inserted in Gazette 2 Feb 2001 p. 713; amended in Gazette 17 Jan 2003 p. 113.]
70.Refund of rent on withdrawal or refusal of application
If an application for a mining tenement is withdrawn under regulation 69 or is refused, the applicant is entitled to a refund of the amount of all rent paid.
[Regulation 70 inserted in Gazette 2 Oct 1987 p. 3819.]
70A.Amalgamation of secondary tenement
(1)An application to amalgamate a secondary tenement under section 67A shall —
(a)be lodged at the office of the mining registrar;
(b)be accompanied by —
(i)a map of the secondary tenement; and
(ii)the instrument of licence;
and
(c)state whether —
(i)private land; or
(ii)land to which sections 24 and 25 apply,
is affected.
(2)Where private land is affected by an application the provisions of section 29 shall apply.
(3)If an application to amalgamate a secondary tenement under section 67A(1) is granted, the applicant is entitled to a pro rata refund of rent paid on the secondary tenement for the period commencing on the day on which the application is granted.
(4)When calculating a pro rata refund for the purposes of subregulation (3) only whole months of the period referred to in that subregulation are to be the subject of the refund.
[Regulation 70A inserted in Gazette 2 Oct 1987 p. 3819‑20; amended in Gazette 24 Jun 1994 p. 2932; 13 Oct 1995 p. 4818‑19.]
A written agreement referred to in section 105A(3) shall be lodged within 60 days of the day on which the applications for licences or leases, as the case may be, were lodged.
[Regulation 70B inserted in Gazette 31 May 1991 p. 2699.]
70C.Refund where licence substituted or lease refused
(1)Where an application for a mining lease or general purpose lease is made under section 49, section 67 or section 70L and a lease is granted, the applicant is entitled to a pro rata refund of the balance of any portion of unused rent which has been paid on the prospecting licence, exploration licence or retention licence formerly held by the applicant.
(2)Where an application described in subregulation (1) is refused, and the term of the prospecting licence, exploration licence or retention licence held by the applicant has been extended beyond its normal expiry date under section 49, section 67 or section 70L, the applicant shall receive a pro rata refund of any portion of unused rent which has been paid on the licence.
(3)When calculating a pro rata refund for the purposes of this regulation, only whole months of the term that is remaining shall be the subject of refund.
[Regulation 70C inserted in Gazette 31 May 1991 p. 2699; amended in Gazette 24 Jun 1994 p. 2932.]
70D.Refund when retention licence granted or refused
(1)Where an application for a retention licence is made by the holder of a primary tenement under section 70C of the Act and the licence is granted, the applicant is entitled to a pro rata refund of the balance of any portion of the unused rent which has been paid on the primary tenement by the applicant.
(2)Where an application described in subregulation (1) is refused and the term of the primary tenement has been extended —
(a)beyond its normal expiry date under section 70C(6) of the Act; and
(b)for a period of 30 days following that refusal under section 70C(6)(b) of the Act,
the applicant is entitled to a pro rata refund of the balance of any portion of the unused rent which has been paid on the primary tenement by the applicant.
(3)When calculating a pro rata refund for the purposes of this regulation, only whole months of the term that is remaining shall be the subject of the refund.
[Regulation 70D inserted in Gazette 24 Jun 1994 p. 2932.]
70E.Partial refund of application fee in certain circumstances
An applicant for a mining tenement is entitled to a refund of $110 of the application fee paid by the applicant if —
(a)the application is withdrawn or refused before any public notification required under Part 2 Division 3 of the Native Title Act 1993 of the Commonwealth in connection with the application occurs; or
(b)the Director General of Mines is satisfied that there is no requirement for such public notification in connection with the application.
[Regulation 70E inserted in Gazette 15 Aug 2003 p. 3694.]
71.Boundary marks to be maintained
The applicant for, or holder of, a mining tenement shall maintain posts or trenches or other sufficient boundary marks required by the Act and these regulations.
[Regulation 71 amended in Gazette 16 Nov 1990 p. 5729.]
72.No liability for mining if boundary marks not maintained
If posts or trenches or other sufficient boundary marks are not maintained on a mining tenement as provided in regulation 71 and a person enters and commences mining thereon, he shall not be liable for damage if he ceases mining thereon as soon as the posts are replaced, or the trenches or other sufficient boundary marks are renewed, and notice in writing is given to him to withdraw.
[Regulation 72 amended in Gazette 16 Nov 1990 p. 5729.]
73.Holder to identify boundaries
The holder of a mining tenement shall at any reasonable time identify or cause to be identified the boundaries of the tenement for any person requiring the information, by pointing out to that person the posts, trenches and other boundary marks of the tenement or by supplying a plan or description thereof.
[Regulation 73 amended in Gazette 16 Nov 1990 p. 5729.]
74.False documents/notices not to be posted
A person who posts up a false document or notice affecting a mining tenement or an application therefor with the intent to deceive or mislead any other person commits an offence.
[Heading inserted in Gazette 2 Oct 1987 p. 3820.]
(1)The holder of a Miner’s Right may fossick by means of hand tools only.
(2)The holder of a Miner’s Right shall not fossick by means of a metal detector, machinery or machine assisted tools, including vehicle drawn scrapers, graders and similar tools, on any land.
[Regulation 74A inserted in Gazette 20 Oct 1987 p. 3820.]
Division 4 — Transfers, caveats, mortgages
Unless otherwise provided in the Act or these regulations the holder of a mining tenement may apply to transfer the whole of it or an interest in it by lodging a transfer in the form No. 23 in the First Schedule with the prescribed fee, but —
(a)every transfer shall be accompanied by the instrument of lease or licence (if issued) and, where applicable, a security similar to that required under sections 26, 52, 60 or 70F of the Act;
(b)when 2 or more tenements, the property of the same holder, are to be transferred, a separate transfer shall be executed for each;
(c)when a tenement is held by several holders, and 2 or more of such holders desire to transfer the whole or portion of their interests, a separate transfer shall be executed by each holder;
(d)when all holders desire to simultaneously transfer the whole tenement, one transfer, executed by all the holders shall be sufficient;
(e)when a holder desires to transfer portions of his interest in a tenement to 2 or more persons a separate transfer for each interest transferred shall be executed;
(f)all transfers shall take priority according to the date and time of their registration; and
(g)when —
(i)a mining tenement is encumbered by a mortgage; or
(ii)a share in a mining tenement is encumbered by a mortgage and the transfer affects that share,
the transfer shall be accompanied by the written consent of the affected mortgagee.
[Regulation 75 amended in Gazette 31 May 1991 p. 2699; 24 Jun 1994 p. 2933.]
76.Separate caveat for each tenement
A separate caveat in the form No. 24 in the First Schedule shall be lodged in respect of each mining tenement affected.
One or more caveats may be withdrawn by lodging a withdrawal of caveat in Form 24A in the First Schedule with the prescribed fee.
[Regulation 76A inserted in Gazette 31 Jul 1992 p. 3776.]
76B.Notification of registration of surrender
For the purposes of section 120A(2), notification of the registration of a surrender under section 26A or 65 shall be a notice of the registration of the surrender sent, by or on behalf of the Minister, by certified mail to the caveator.
[Regulation 76B inserted in Gazette 24 Jun 1994 p. 2933.]
77.Mortgage and priority of mortgages
A mining tenement or share therein may be mortgaged, charged or made security for the repayment of money advanced or agreed to be advanced or for the discharge of any liability, and
(a)when it is intended to be so charged, a mortgage in the form No. 25 in the First Schedule shall be lodged with the prescribed fee; and
(b)where there are 2 or more mortgages affecting the same tenement, they shall take priority according to the date and time of their registration.
[Regulation 77 amended in Gazette 31 May 1991 p. 2699.]
A mortgage —
(a)shall have effect only as a security for the repayment of the money intended to be secured thereby and not as an assignment of the mining tenement; and
(b)may cover all buildings, improvements, machinery and appliances in or upon the land comprised in the mining tenement.
79.Covenants included in mortgage
(1)A mortgage may contain such covenants, provisions, stipulations and powers as may be agreed between the parties.
(2)Except as is otherwise provided by a mortgage there shall be deemed to be included in every mortgage —
(a)stipulations to the following effect:
That during the continuance of the security the mortgagee may (at the expense of the mortgagor) when the mortgagor neglects or refuses so to do, do all such acts and things as may be necessary for the preservation or protection of the property comprised in the mortgage and of the title thereto and in particular may fulfil the conditions applicable to that property, and obtain exemptions from those conditions.
(b)powers to the following effect:
That if default is made by the mortgagor in repayment or discharge of the moneys secured by the mortgage for a period of one month after demand, or if the mortgagor fails to perform or observe any of the covenants contained in the mortgage and on the part of the mortgagor to be observed and performed the mortgagee may —
(i)enter upon and take possession of the property comprised in the mortgage, or any part thereof, and work or let the same, subject to the provisions of the Act, but in that case the mortgagee shall be liable to account to the mortgagor for the rents and profits of such property until the mortgagor’s right to redeem the same has been determined by sale or otherwise; or
(ii)cause the property comprised in the mortgage, or any part thereof, together with any right, title or interest the mortgagor may have in any mining product from the property, to be sold by auction after having not less than 30 days clear before the date of sale —
(I)advertised his intention so to do by such means as the Minister approves; but —
(II)the mortgagee shall, at any such auction be at liberty to bid for and purchase the property or any part thereof;
(III)if the mortgagee is unable to obtain at any public auction a sum sufficient to discharge the debt or liability due to him from the mortgagor he may sell the property, or any part thereof, by private contract;
(IV)if, after sale, there remains a balance over and above the amount due to the mortgagee, he shall lodge a statement of account at the office of the mining registrar together with such balance for payment to any other mortgagees according to their respective priorities, and to the mortgagor.
80.Mortgagee’s expenses may be added to security
All expenses properly incurred by the mortgagee under the covenants, stipulations, agreements, or powers contained or implied in the mortgage together with interest thereon from the date of disbursement, at the rate named in the mortgage with respect to the principal moneys thereby secured, may be added to the security.
81.Transfer under powers contained in mortgage
When a mining tenement secured by a mortgage is sold under the powers contained or implied therein, the mortgagee shall as if he were the holder execute a transfer of the tenement in the form No. 23 in the First Schedule and the transfer requirements of this Division shall be complied with.
The mortgagor, on paying the money or discharging the liabilities secured by the mortgage, shall be entitled to redeem the mortgage at any time prior to a sale of the property the subject of the mortgage.
When the debt or liability secured by a mortgage has been fully paid or discharged the mortgagee shall lodge an instrument of discharge, in Form 26 or 26A, as applicable, in the First Schedule with the prescribed fee and the instrument of lease or licence (if issued).
[Regulation 83 amended in Gazette 31 Jul 1992 p. 3776.]
A mortgage may be transferred and the transfer shall be lodged with the prescribed fee and the instrument of lease or licence (if issued).
Division 5 — Production and royalties
(1)In this Division, unless the contrary intention appears —
“allowable deductions”, in relation to a mineral, means —
(a)the amount, in Australian currency, of any reasonable costs incurred in transporting the mineral, in the form in which it is first sold, where those costs —
(i)are incurred after the shipment date by the person liable to pay the royalty for the mineral; and
(ii)relate to transport of the mineral by a person other than the person liable to pay the royalty for the mineral;
and
(b)the price, in Australian currency, paid or to be paid by the person liable to pay the royalty for the mineral, for packaging materials used in transporting the mineral, in the form in which it is first sold;
“concentrate” means the product of a process of extraction of metal or a metallic mineral from mineral ore that results in substantial enrichment of the metal or metallic mineral concerned;
“gross invoice value”, in relation to a mineral, means the amount, in Australian currency, obtained by multiplying the quantity of the mineral, in the form in which it is first sold, for which payment is to be made (as set out in invoices relating to the sale) by the price for the mineral in that form (as set out in those invoices);
“nickel by‑product” means a by‑product or co‑product of nickel mining or processing;
“purchaser”, in relation to a mineral, means the person to whom the mineral is first sold;
“quarter” means any one of the 3 monthly periods of any year ending on 31 March, 30 June, 30 September or 31 December;
“related corporation”, in relation to a body corporate (the “first body corporate”), means a body corporate that, under section 50 of the Corporations Act, is related to the first body corporate;
“royalty value”, in relation to a mineral other than gold, means the gross invoice value of the mineral less any allowable deductions for the mineral;
“shipment date”, in relation to a mineral, means —
(a)if the mineral is exported from Australia, the day on which the aircraft or ship transporting the mineral first leaves port in this State; or
(b)if the mineral is not exported from Australia, the day on which the mineral is first loaded on a vehicle for transport to the purchaser;
“sold” includes transferred, shipped or otherwise disposed of, and “sale” has a corresponding meaning.
(2)In this Division a reference to a mineral includes a reference to a material containing that mineral.
[Regulation 85 inserted in Gazette 16 Jun 2000 p. 2953; amended in Gazette 28 Sep 2001 p. 5357‑8; 14 Dec 2001 p. 6403‑4; 23 Jul 2002 p. 3425; 13 Dec 2002 p. 5803; 17 Jan 2003 p. 113.]
85AA.Effect of GST etc. on royalties
(1)For the purposes of this Division, a reference to a royalty value, or a price, of a mineral is to be treated as a reference to that value or price, reduced by an amount equal to the net GST (if any) payable on the supply to which the value or price relates.
(2)For the purposes of this Division, a reference to the value of a mineral at a particular point in its production (other than its supply), or in a particular form, is to be treated as a reference to that value, reduced by an amount equal to the amount of GST that would be payable if the mineral were supplied at that point, or in that form.
(3)If, when determining a value or price of a mineral (for the purposes of this Division), an amount (an “expense”) that relates to obtaining that mineral may be deducted from another amount, the amount that may be deducted is reduced by an amount equal to the net input tax credit (if any) that arises in relation to the expense.
(4)The “net input tax credit” that arises in relation to an expense is —
(a)the input tax credit that arises in relation to that expense; plus
(b)the sum of any decreasing adjustments in relation to that expense; minus
(c)the sum of any increasing adjustments in relation to that expense.
(5)In this regulation, “decreasing adjustment”, “GST”, “increasing adjustment”, “input tax credit”, “net GST” and “supply” have the respective meanings given by section 195‑1 of the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.
[Regulation 85AA inserted in Gazette 16 Jun 2000 p. 2953‑4; amended in Gazette 14 Dec 2001 p. 6404.]
85AB.Conversion to Australian currency
(1)In this regulation —
“RBA rate” means the daily representative rate used by the Reserve Bank of Australia.
(2)Where, for the purposes of determining the amount of royalty payable for a mineral, it is necessary to convert an amount or a price (other than a price to which subregulation (3) applies) to Australian currency, the conversion is to be calculated using the average of the RBA rates for the quarter in which the shipment date for the mineral occurred.
(3)Where, for the purposes of the definition of “gold spot price” in regulation 86AA(11), it is necessary to convert a price to Australian currency, the conversion is to be calculated —
(a)using the RBA rate for the day on which the price was fixed; or
(b)if there is no RBA rate for that day, using the last RBA rate before that day.
[Regulation 85AB inserted in Gazette 14 Dec 2001 p. 6404‑5; amended in Gazette 13 Dec 2002 p. 5803‑4.]
(1)The holder of a mining tenement, and the applicant for a mining tenement in respect of any land, shall, unless the Director General of Mines in a particular case otherwise approves, furnish the Director General of Mines with a production report in the form No. 27 in the First Schedule —
(a)within 30 days after the expiry of the first quarter after 31 December 2002 during which any mineral other than gold is produced or obtained from that mining tenement or land; and
(b)within 30 days after the expiry of each subsequent quarter (whether or not any mineral other than gold is produced or obtained from that mining tenement or land in that quarter).
(2)The holder of a mining tenement, and the applicant for a mining tenement in respect of any land, shall, unless the Director General of Mines in a particular case otherwise approves, furnish the Director General of Mines with a production report in the form No. 27A in the First Schedule —
(a)within 30 days after the expiry of the first quarter after 31 December 2002 during which gold metal is to be regarded because of regulation 86AA as having been produced from gold bearing material produced or obtained from that mining tenement or land; and
(b)within 30 days after the expiry of each subsequent quarter (whether or not gold metal is to be regarded because of regulation 86AA as having been produced from gold bearing material produced from that mining tenement or land during that quarter).
(3)A person who contravenes subregulation (1) or (2) commits an offence.
[Regulation 85A inserted in Gazette 13 Dec 2002 p. 5804.]
(1)The holder of, or applicant for, a mining tenement shall, on each occasion that he pays royalties to the Department forward with the royalties a royalty return, in a form approved by the Minister, showing in full the details required to calculate those royalties, including, where relevant —
(a)the quantity of the mineral;
(b)details, including relevant terms and other parties involved, of any sale of the mineral;
(c)the value, or royalty value of the mineral;
(d)the gross invoice value of the mineral, when it was paid, and any allowable deductions for the mineral;
(da)in the case of a royalty part‑payment under regulation 86A, the method of calculating the royalty part‑payment and details of the amount of the relevant part‑payment of gross invoice value and when it was paid;
(e)in the case of a mineral other than gold, the rate of royalty used where that rate is different from the rate set out opposite the mineral in the Table to regulation 86.
(2)A person who contravenes subregulation (1) commits an offence.
(3)Subregulation (1) does not apply to the tenement holder as defined in the Mining (Ellendale Diamond Royalties) Regulations 2002 in relation to royalties payable under those regulations.
[Regulation 85B inserted in Gazette 20 May 1988 p. 1705; amended in Gazette 3 Oct 1997 p. 5530; 14 Dec 2001 p. 6405; 8 Feb 2002 p. 607.]
(1)When any of the minerals prescribed in this regulation are obtained from a mining tenement, or from land the subject of an application for a mining tenement, royalties shall be paid by the holder of, or applicant for, the mining tenement.
(2)The rate of royalty payable for a mineral referred to in the Table to this regulation is as set out opposite the mineral in column 1, 2 or 3 of that Table, unless otherwise provided in these regulations.
(2a)In the Table to this regulation —
“Amount A” means —
(a)for the year 1 July 2005 to 30 June 2006, 34 cents;
(b)for the year 1 July 2006 to 30 June 2007, 38 cents;
(c)for the year 1 July 2007 to 30 June 2008, 42 cents;
(d)for the year 1 July 2008 to 30 June 2009, 46 cents;
(e)for the year 1 July 2009 to 30 June 2010, 50 cents;
(f)for the 5 year period beginning on 1 July 2010 and ending on 30 June 2015 and for each succeeding 5 year period (the “relevant period”), the amount calculated under subregulation (2b) or provided for in subregulation (2d), as the case requires;
“Amount B” means —
(a)for the year 1 July 2005 to 30 June 2006, 56 cents;
(b)for the year 1 July 2006 to 30 June 2007, 62 cents;
(c)for the year 1 July 2007 to 30 June 2008, 68 cents;
(d)for the year 1 July 2008 to 30 June 2009, 74 cents;
(e)for the year 1 July 2009 to 30 June 2010, 80 cents;
(f)for the 5 year period beginning on 1 July 2010 and ending on 30 June 2015 and for each succeeding 5 year period (the “relevant period”), the amount calculated under subregulation (2b) or provided for in subregulation (2d), as the case requires.
(2b)Subject to subregulations (2c) and (2d), the amount for the relevant period is the amount calculated using the formula —
where —
Ris the amount;
Cis —
(a)for the purposes of Amount A, 50 cents;
(b)for the purposes of Amount B, 80 cents;
PPIis the Non‑Metallic Mineral Products Price Index number, for the quarter ending on the last 31 March before the beginning of the relevant period, published by the Australian Bureau of Statistics in Catalogue 6427.0 Producer Price Indexes, Australia.
(2c)If the calculation provided for in subregulation (2b) does not result in an amount of whole cents the amount is to be rounded down to the nearest whole cent and the rounded amount is to be regarded as the amount calculated under that subregulation.
(2d)If the amount calculated under subregulation (2b) is less than the amount that applied immediately before the beginning of the relevant period (the “existing amount”), the amount for the relevant period is the existing amount.
(3)This regulation does not apply to diamond obtained from the Ellendale mining lease as defined in the Mining (Ellendale Diamond Royalties) Regulations 2002.
Table
|
|
Column 1 |
Column 2 |
Column 3 |
|
Mineral |
Amount per tonne according to quantity produced or obtained |
Percentage of the royalty value |
The rate as specified hereunder |
|
Aggregate |
Amount A |
|
|
|
Attapulgite |
|
5% |
|
|
Bauxite |
|
7½% |
|
|
Building Stone |
Amount B |
|
|
|
Chromite |
|
5% |
|
|
Clays |
Amount A |
|
|
|
Coal (including lignite) — not exported |
|
|
$1 per tonne, to be adjusted each year at 30 June in accordance with the percentage increase in the average ex‑mine value of Collie coal for the year ending on that date when compared with the corresponding value of Collie coal for the year ending on 30 June 1981. |
|
— exported |
|
7½% |
|
|
Cobalt |
|
|
The rate is — (a)if sold as a concentrate, 5% of the royalty value; (b)if sold in metallic form, 2½% of the royalty value; or (c)if sold as a nickel by‑product — (i)in the period beginning on 1 July 2000 and ending on 30 June 2005 — (I)2½% of the royalty value; or (II)if an election is made under regulation 86AB(2), the rate calculated in accordance with the formula set out in subparagraph (ii); (ii)after 30 June 2005, the rate calculated in accordance with the following formula —
|
|
|
|
|
Where — P =the gross cobalt metal price per tonne f.o.b. in Australian currency or its computed equivalent used for the purpose of calculating the actual sale price of cobalt metal in the nickel by‑product (under usual conditions of sale, without special discounts); U =the number of units per hundred of cobalt metal in the nickel by‑product sold; R =the royalty. |
|
Copper |
|
|
The rate is — (a)if sold as a concentrate, 5% of the royalty value; (b)if sold in metallic form, 2½% of the royalty value; or (c)if sold as a nickel by‑product after 30 June 2005, the rate calculated in accordance with the following formula —
|
|
|
|
|
Where — P =the gross copper metal price per tonne f.o.b. in Australian currency or its computed equivalent used for the purpose of calculating the actual sale price of copper metal in the nickel by‑product (under usual conditions of sale, without special discounts); U =the number of units per hundred of copper metal in the nickel by‑product sold; R =the royalty. |
|
Diamond |
|
7½% |
|
|
Dolomite |
Amount A |
|
|
|
Feldspar |
|
5% |
|
|
Garnet |
|
|
The rate shall be — |
|
|
|
|
(a)5% for the usual grades of garnet including that used for sand blasting and filtration; |
|
|
|
|
(b)2½% for higher technology grades including that used for garnet paper and polishing purposes, |
|
|
|
|
of the royalty value, calculated on the basis of the nearest available port if exported. |
|
Gems and Precious Stones |
|
7½% |
|
|
Gravel |
Amount A |
|
|
|
Gypsum |
Amount A |
|
|
|
Ilmenite (other than ilmenite feedstock as defined in regulations 86AC) |
|
5% |
|
|
Iron Ore — |
|
|
|
|
beneficiated ore (iron ore that has been concentrated or upgraded otherwise than by crushing, screening, separating by hydrocycloning or a similar technology, washing, scrubbing, trommelling or drying, or by a combination of 2 or more of those processes) |
|
5% |
|
|
fine ore (iron ore, excluding beneficiated ore, that will pass through a 6 mm mesh screen) |
|
5.625% |
|
|
lump ore (iron ore, excluding beneficiated ore, that will not pass through a 6 mm mesh screen) |
|
7.5% |
|
|
Kaolin |
|
5% |
|
|
Lead |
|
|
The rate is — (a)if sold as a concentrate, 5% of the royalty value; or (b)if sold in metallic form, 2½% of the royalty value. |
|
Leucoxene |
|
5% |
|
|
Limestone |
|
|
|
|
used for agricultural or construction purposes or as a neutralising agent |
Amount A |
|
|
|
used for metallurgical purposes |
Amount B |
|
|
|
Lithium Minerals |
|
5% |
|
|
Manganese |
|
7½% |
|
|
Manganese (beneficiated by the producer in Western Australia Otherwise than by crushing, screening, washing, scrubbing, trommelling or drying, or by a combination of 2 or more of those processes) |
|
5% |
|
|
Nickel |
|
|
In accordance with the following formula: |
|
|
|
|
|
|
|
|
|
Where P = the gross nickel metal price per tonne f.o.b. in Australian currency or its computed equivalent used for the purpose of calculating the actual sale price of the nickel containing product (under usual conditions of sale, without special discounts). |
|
|
|
|
Where U = the number of units per hundred of nickel metal in the nickel‑containing products sold. |
|
|
|
|
Where R = the royalty. |
|
Ochre |
|
5% |
|
|
Platinoids |
|
2½% |
|
|
Rock |
Amount A |
|
|
|
Rutile |
|
5% |
|
|
Salt |
Amount A |
|
|
|
Sand |
Amount A |
|
|
|
Semi‑precious stones (including specimen stones) |
|
7½% |
|
|
Silica |
Amount B |
|
|
|
Silver |
|
2½% |
|
|
Spongolite |
|
5% |
|
|
Talc |
Amount B |
|
|
|
Tantalum |
|
|
The rate is — (a)in the period beginning on 1 January 2003 and ending on 30 June 2003 — (i)3.3% of the royalty value if sold as concentrate; (ii)3.3% of the value in concentrate form if processed further before sale; |
|
|
|
|
(b)in the period beginning on 1 July 2003 and ending on 30 June 2004 — (i)4.1% of the royalty value if sold as concentrate; (ii)4.1% of the value in concentrate form if processed further before sale; and |
|
|
|
|
(c)on or after 1 July 2004 — (i)5% of the royalty value if sold as concentrate; (ii)5% of the value in concentrate form if processed further before sale. |
|
Tin |
|
|
2½% of the royalty value of tin metal when sold in that form; or, when sold in any other form, 2½% of the value of the contained tin calculated at the ruling price of tin metal used for the purpose of the sale |
|
Vanadium |
|
|
The higher of — (a)5% of the amount calculated by deducting from the royalty value of vanadium pentoxide produced from the vanadium such costs of producing that vanadium pentoxide as are allowed by the Minister after consultation with the person liable to pay the royalty; and (b)1.5% of the gross invoice value of vanadium pentoxide produced from the vanadium. |
|
Zinc |
|
|
The rate is — (a)if sold as a concentrate, 5% of the royalty value; or (b)if sold in metallic form, 2½% of the royalty value. |
|
Zircon |
|
5% |
|
|
Any other mineral not specifically listed in this Table, excluding gold metal as defined in regulation 86AA and ilmenite feedstock as defined in regulation 86AC |
|
|
The rate is — (a)if sold as crushed or screened material, 7.5% of the royalty value; or (b)if sold as a concentrate, 5% of the royalty value. |
[Regulation 86 amended in Gazette 6 Aug 1982 p. 3099; 21 Aug 1987 p. 3268; 20 May 1988 p. 1706; 22 Jun 1990 p. 3073; 18 Dec 1992 p. 6127; 19 May 1995 p. 1881; 15 Dec 1995 p. 6115; 3 Oct 1997 p. 5531; 17 Mar 1998 p. 1434‑5; 19 Nov 1999 p. 5791‑2; 16 Jun 2000 p. 2954‑6; 30 Jun 2000 p. 3473‑4; 5 Jan 2001 p. 125; 27 Apr 2001 p. 2202; 17 Aug 2001 p. 4347; 14 Dec 2001 p. 6405; 8 Feb 2002 p. 607; 23 Jul 2002 p. 3425; 27 Aug 2002 p. 4356‑7; 13 Dec 2002 p. 5805; 20 Aug 2004 p. 3619-21; 28 Jan 2005 p. 360; 7 Feb 2006 p. 622-3.]
86AA.Rates of royalty in respect of gold
(1)When gold metal is produced from gold bearing material that was produced or obtained from a mining tenement, royalties shall be paid by the holder of, or applicant, for the mining tenement.
(2)No royalty is payable in respect of gold metal produced before the commencement of the period referred to in subregulation (3).
(3)The rate of royalty payable for gold metal produced during the period commencing on 1 July 1998 and ending on 30 June 2000 is 1.25% of the royalty value of the gold metal produced.
(4)Subject to subregulation (5), the rate of royalty payable for gold metal produced after 30 June 2000 is 2.5% of the royalty value of the gold metal produced.
(5)If, during the period commencing on 1 July 2000 and ending on 30 June 2005, the average gold spot price for a quarter is less than $450 per ounce in Australian currency, the rate of royalty payable for gold metal produced during that quarter is 1.25% of the royalty value of the gold metal produced.
(6)Despite anything in this regulation, no royalty is payable in respect of the first 2 500 ounces of gold metal produced during a financial year from gold bearing material produced or obtained from the same gold royalty project.
(7)The royalty value of gold metal produced shall be calculated for each month in the relevant quarter by multiplying the total gold metal produced during that month by the average of the gold spot prices for that month.
(8)If gold bearing material is delivered to a refinery within 3 months after it, or gold bearing material from which it was produced, was taken from the ground —
(a)gold metal is to be regarded as being produced from the gold bearing material at the time of delivery to the refinery; and
(b)the amount of gold metal that is to be regarded as being produced from gold bearing material delivered within a particular period is to be —
(i)the amount actually produced as ascertained by the Director General of Mines from the deliverer after that amount has been verified by the refiner; or
(ii)the amount determined by the Director General of Mines, after consultation with the deliverer, to be a reasonable estimate of the gold metal content.
(9)If gold bearing material is produced or obtained in a form that is acceptable for delivery to a refinery but subregulation (8) does not apply —
(a)gold metal is to be regarded as being produced from the gold bearing material at the time that a determination is made under paragraph (b) as to the amount of gold metal that the gold bearing material contained; and
(b)the amount of gold metal that is to be regarded as being produced from the gold bearing material is to be the amount determined by the Director General of Mines, after consultation with the person liable to pay the royalty, to be a reasonable estimate of the gold metal content.
(10)If —
(a)after an amount has been determined under subregulation (8)(b)(ii) to be a reasonable estimate of the gold metal content of gold bearing material delivered to a refinery, the Director General of Mines is satisfied by information given by the deliverer that the amount of gold metal actually produced from that gold bearing material differs from the estimated amount; or
(b)after an amount has been determined under subregulation (9)(b) to be a reasonable estimate of the gold metal content of gold bearing material, the Director General of Mines is satisfied by information given by the deliverer that the gold bearing material was delivered to a refinery and the amount of gold metal actually produced from that gold bearing material differs from the estimated amount,
any necessary adjustment is to be made and may be taken into account in the next royalty payment made after that information is given to the Director General of Mines.
(11)In this regulation —
“deliverer” means the person who produces the gold bearing material that is delivered to a refinery;
“gold bearing material” is material of any kind containing gold;
“gold metal” means gold that is at least 99.5% pure;
“gold royalty project” means —
(a)subject to subregulation (12), the mining tenement or, if there is more than one, all mining tenements from which anyone produces or obtains gold bearing material that is treated or processed at a common —
(i)treatment facility; or
(ii)combination of treatment facilities;
or
(b)such other arrangement for producing, obtaining or treating of gold bearing material as is designated by the Minister under subregulation (13)(a);
“gold spot price” means —
(a)the price fixed on the London Bullion Market for gold metal and known as the “London PM Fix”, as converted to Australian currency; or
(b)such other price as is determined by the Minister under subregulation (13)(b);
“mining tenement” includes land the subject of an application for a mining tenement;
“refiner” means the operator of a refinery;
“refinery” means a place where gold metal is produced;
“treatment facility” means any plant at which gold bearing material is treated or processed, but does not include a refinery.
(12)The Director General of Mines may approve in writing of mining tenements being treated as separate gold royalty projects, as specified in the approval, if satisfied that they are not all held by the same person or by persons between whom the Director General of Mines considers there to be a connection such that the mining tenements can fairly be treated as forming part of the same gold royalty project.
(13)The Minister may, by notice published in the Gazette —
(a)designate an arrangement for producing, obtaining or treating gold bearing material for the purposes of paragraph (b) of the definition of “gold royalty project” in subregulation (11), or amend or revoke any such designation; or
(b)determine a price for the purposes of paragraph (b) of the definition of “gold spot price” in subregulation (11), or amend or revoke any such determination.
[Regulation 86AA inserted in Gazette 3 Oct 1997 p. 5531‑3; amended in Gazette 24 Apr 1998 p. 2153; 14 Apr 2000 p. 1891; 14 Dec 2001 p. 6406.]
86AB.Optional royalty rate for cobalt sold as a nickel by‑product
(1)In this regulation —
“optional royalty period” means the period beginning on 1 July 2000 and ending on 30 June 2005;
“optional royalty rate” means the rate of royalty calculated in accordance with the formula set out in paragraph (c)(ii) of the item relating to cobalt in column 3 of the Table to regulation 86.
(2)A person liable to pay royalties for cobalt during the optional royalty period may elect, in writing, to pay the optional royalty rate in respect of all cobalt sold as a nickel by‑product by that person.
(3)An election under subregulation (2) is to be made —
(a)in the manner and form approved by the Director General of Mines; and
(b)before the end of the first quarter in respect of which the optional royalty rate is to apply.
(4)An election under subregulation (2) cannot be revoked.
(5)Despite anything in regulation 86, if a person makes an election under subregulation (2), no royalty is payable in respect of the first 300 tonnes of cobalt sold as a nickel by‑product by that person during —
(a)the period beginning on the first day of the first quarter in respect of which the optional royalty rate applies and ending on the next 30 June; or
(b)any subsequent financial year in the optional royalty period.
(6)If an election is made under subregulation (2) by 2 or more persons who are —
(a)the holders of, or applicants for, the same mining tenement; or
(b)related corporations,
then those persons are taken to be the same person for the purposes of subregulation (5).
[Regulation 86AB inserted in Gazette 16 Jun 2000 p. 2956‑7.]
(1)In this regulation —
“beneficiation plant” means a mineral processing plant located in Western Australia that produces or is designed to produce upgraded ilmenite with an average titanium dioxide content of not less than 90%;
“ilmenite feedstock” means ilmenite concentrate intended for use as feedstock in a beneficiation plant that is owned or operated by —
(a)the producer of the ilmenite concentrate; or
(b)a body corporate which, in relation to that producer, is a related corporation.
(2)For the purposes of this regulation ilmenite feedstock is of marketable quality if it is of a quality determined by the Minister, after consultation with the producer, to be suitable for sale without further processing or other treatment.
(3)When ilmenite feedstock is produced from ilmenite that was obtained from a mining tenement, royalties shall be paid by the holder of, or applicant for, the mining tenement.
(4)The rate of royalty payable for ilmenite feedstock that is of marketable quality is —
(a)if it is produced in the period beginning on 1 July 2005 and ending on 30 June 2006, 3.5% of its value;
(b)if it is produced in the period beginning on 1 July 2006 and ending on 30 June 2007, 4% of its value;
(c)if it is produced in the period beginning on 1 July 2007 and ending on 30 June 2008, 4.5% of its value; or
(d)if it is produced after 30 June 2008, 5% of its value.
(5)The value of ilmenite feedstock for the purposes of subregulation (4) is to be worked out using the method determined under subregulation (6).
(6)The Minister may from time to time determine a method for working out the value of ilmenite feedstock that takes into account prices obtained for ilmenite concentrate of the same or a similar grade to the ilmenite feedstock.
(7)The rate of royalty payable for ilmenite feedstock that is not of marketable quality is $1.50 per tonne adjusted each year on 30 June in accordance with the F.O.B. export price of all bulk ilmenite concentrate sales from Western Australian production for the year ending on that date when compared with the corresponding price of all bulk ilmenite concentrate sales from Western Australian production for the year ending on 30 June 1987.
[Regulation 86AC inserted in Gazette 28 Jan 2005 p. 361-2.]
(1)Royalties for a mineral shall be paid to the Department at Perth.
(2)Subject to this regulation, royalties for a mineral shall be paid within 30 days after the end of the quarter during which the relevant amount of the mineral was produced or obtained.
(3)In the case of gold metal, royalties shall be paid within 30 days after the end of the quarter during which the gold metal is to be regarded because of regulation 86AA as having been produced.
(4)In the case of nickel, or a nickel by‑product the royalty for which is not based on royalty value, royalties shall be paid within 30 days after the end of the quarter during which the nickel or nickel by‑product was sold.
(5)In the case of a mineral the royalty for which is based on royalty value, royalties shall, subject to subregulation (6), be paid within 30 days after the end of the quarter during which the gross invoice value of the mineral (or any part of that value) was paid by the purchaser of the mineral.
(6)If the gross invoice value of a mineral is paid in part‑payments, royalties for the mineral may be paid in part‑payments in accordance with subregulation (7).
(7)For the purposes of subregulation (6), a royalty part‑payment for a mineral shall be paid within 30 days after the end of the quarter during which a part‑payment of the gross invoice value of the mineral was paid by the purchaser of the mineral.
(7a)The amount of a royalty part‑payment shall be calculated using a method approved by the Director General of Mines.
(8)If the Director General of Mines is satisfied by information given by the person liable to pay the royalty that the amount of a royalty part‑payment is incorrect because of a miscalculation of gross invoice value or allowable deductions or for any other reason, any necessary adjustment is to be made and may be taken into account in the next royalty part‑payment paid after the information is given to the Director General of Mines.
(9)This regulation does not apply to royalties payable under the Mining (Ellendale Diamond Royalties) Regulations 2002.
[Regulation 86A inserted in Gazette 14 Dec 2001 p. 6406‑7; amended in Gazette 8 Feb 2002 p. 607; 20 May 2005 p. 2159.]
86B.Tenement within Carnarvon Irrigation District
Notwithstanding regulation 86(2) the holder of a mining tenement within the Carnarvon Irrigation District established under section 28(1)(a) of the Rights in Water and Irrigation Act 1914, is exempt from the payment of royalty on sand obtained from that mining tenement.
[Regulation 86B inserted in Gazette 6 Aug 1982 p. 3099.]
[86C.Repealed in Gazette 3 Oct 1997 p. 5533.]
86D.Exemption in respect of certain clay, gravel, limestone, rock or sand
Notwithstanding regulation 86, the holder of a mining tenement who uses in the course of mining operations clay, gravel, limestone, rock or sand which is not —
(a)sold; or
(b)used for processing or manufacturing purposes,
is exempt from the payment of royalty in respect thereof.
[Regulation 86D inserted in Gazette 12 Nov 1982 p. 4490.]
86E.Exemption in respect of rock for the Eyre Highway
Notwithstanding regulation 86, no royalty is payable on rock sold by Central Norseman Gold Corporation Ltd to the department principally assisting the Minister to whom the administration of the Main Roads Act 1930 is committed in the administration of that Act, where that rock is to be used in the upgrading of the Norseman section of the Eyre Highway.
[Regulation 86E inserted in Gazette 3 Jul 1992 p. 2973; amended in Gazette 4 Apr 1997 p. 1779.]
(1)Despite anything in regulation 86, 86AA or the Mining (Ellendale Diamond Royalties) Regulations 2002, if the Minister is satisfied in a particular case that there are circumstances justifying royalty relief, the Minister may determine that in that case the rate of royalty payable —
(a)under regulation 86, for any mineral produced or obtained while the determination is expressed to apply;
(b)under regulation 86AA, for gold metal produced while the determination is expressed to apply; or
(c)under the Mining (Ellendale Diamond Royalties) Regulations 2002, for diamond obtained while the determination is expressed to apply,
is to be on the basis of a portion only, as specified in the determination, of the royalty base.
(2)Despite regulation 86A or the Mining (Ellendale Diamond Royalties) Regulations 2002, a determination under subregulation (1) may also specify the time and manner of payment of royalties.
(3)In this regulation —
“circumstances justifying royalty relief” means circumstances that meet criteria for the giving of royalty relief that the Minister has published in the Gazette;
“gold metal” has the same meaning as it has in regulation 86AA(11);
“royalty base” means —
(a)in the case of gold metal, the realised value of the gold metal in respect of which the rate of royalty is payable;
(aa)in the case of diamond obtained from the Ellendale mining lease as defined in the Mining (Ellendale Diamond Royalties) Regulations 2002, anything by reference to which those regulations fix the rate of royalty payable for that mineral;
(b)in the case of any other mineral, anything by reference to which regulation 86 fixes the rate of royalty payable for that mineral.
[Regulation 86F inserted in Gazette 14 Apr 2000 p. 1891‑2; amended in Gazette 8 Feb 2002 p. 607‑8.]
87.Minister may determine value of mineral for the purpose of calculating royalties
(1)Where a royalty has been paid under regulation 86 or 86AA and the Minister is of the opinion that the royalty value on which the royalty was based was not a true or fair value on which to calculate the royalty because —
(a)the royalty value does not reflect the market value of the mineral at the date the mineral was first sold;
(b)the allowable deductions used to calculate the royalty value are excessive having regard to the type of sale; or
(c)the holder of, or applicant for, the mining tenement has not shown to the satisfaction of the Minister, within the time specified by the Minister, that the first sale of the mineral was a genuine commercial transaction and was not principally for the purpose of minimising the royalty payable,
the Minister shall determine the value of the mineral having regard to the market value for that type of mineral assessed at an arm’s length basis, at the date the mineral was first sold, for the type of sale concerned.
(2)Where a value is determined by the Minister under subregulation (1), the royalty shall be assessed at the relevant rate under regulation 86 or 86AA as if that value was the royalty value.
[Regulation 87 inserted in Gazette 20 May 1988 p. 1706; amended in Gazette 3 Oct 1997 p. 5533; 14 Dec 2001 p. 6407; 13 Dec 2002 p. 5805.]
87A.Notice of determination and assessment under regulation 87
(1)Where the Minister makes a determination under regulation 87 he shall cause notice of that determination and an assessment of any royalties payable, after taking into account any monies already paid, to be served on the person by whom the royalties are payable.
(2)A person on whom notice is served under subregulation (1) shall pay to the Department at Perth the royalties assessed to be payable within 14 days of service of the notice.
[Regulation 87A inserted in Gazette 20 May 1988 p. 1706.]
(1)The holder of, or applicant for, a mining tenement shall keep or cause to be kept such records in respect of the mineral produced or obtained from that mining tenement, or from land the subject of an application for a mining tenement, as are necessary —
(a)to give a true and complete indication of —
(i)the quantity of the mineral; and
(ii)each sale of that mineral, including time, destination, value and quantity of the sale;
and
(b)to substantiate the details and calculations on all royalty returns forwarded under regulation 85B or the Mining (Ellendale Diamond Royalties) Regulations 2002 in respect of the mineral,
and shall retain those records for a period of 7 years after the completion of the sale of the mineral, or of the payment of the royalty, whichever is the later date.
(2)A person who contravenes subregulation (1) commits an offence.
[Regulation 87B inserted in Gazette 20 May 1988 p. 1706; amended in Gazette 14 Dec 2001 p. 6407‑8; 8 Feb 2002 p. 608.]
[88.Repealed in Gazette 31 May 1991 p. 2699.]
Any amount of royalty payable pursuant to these regulations or the Mining (Ellendale Diamond Royalties) Regulations 2002 and unpaid may be recovered by the Minister on behalf of the Crown by action as for a debt due to the Crown in any court of competent jurisdiction.
[Regulation 89 amended in Gazette 8 Feb 2002 p. 608.]
Division 5A — Prescribed Australian datum
[Heading inserted in Gazette 15 Dec 2000 p. 7219.]
89A.Geocentric Datum of Australia — section 9B
(1)This regulation has effect subject to the transitional provisions set out in the Third Schedule.
(2)The Geocentric Datum of Australia (“the GDA”) is prescribed for the purposes referred to in section 9B.
(3)The reference ellipsoid for the GDA is the Geodetic Reference System 1980 (“GRS80”) ellipsoid with a semi‑major axis of 6 378 137 m exactly and an inverse flattening (l/f) of 298.257 222 101.
(4)The reference frame for the GDA is realised by the coordinates of the following Australian Fiducial Network geodetic stations referred to the GRS80 ellipsoid determined within the International Earth Rotation Service Terrestrial Reference Frame 1992 (ITRF92) at the epoch of 1994.0 —
|
|
Name |
South Latitude |
East Longitude |
Ellipsoidal Height |
|
AU 012 |
Alice Springs |
23° 40′ 12.44592″ |
133° 53′ 07.84757″ |
603.358 m |
|
AU 013 |
Karratha |
20° 58′ 53.17004″ |
117° 05′ 49.87255″ |
109.246 m |
|
AU 014 |
Darwin |
12° 50′ 37.35839″ |
131° 07′ 57.84838″ |
125.197 m |
|
AU 015 |
Townsville |
19° 20′ 50.42839″ |
146° 46′ 30.79057″ |
587.077 m |
|
AU 016 |
Hobart |
42° 48′ 16.98506″ |
147° 26′ 19.43548″ |
41.126 m |
|
AU 017 |
Tidbinbilla |
35° 23′ 57.15627″ |
148° 58′ 47.98425″ |
665.440 m |
|
AU 019 |
Ceduna |
31° 52′ 00.01664″ |
133° 48′ 35.37527″ |
144.802 m |
|
AU 029 |
Yaragadee |
29° 02′ 47.61687″ |
115° 20′ 49.10049″ |
241.291 m |
[Regulation 89A inserted in Gazette 15 Dec 2000 p. 7219‑20.]
89B.Prescribed office — section 8(1)
For the purposes of the definition of “mining registrar” in section 8(1) the office of Manager, Customer Services, Mineral and Title Services Division of the Department is prescribed.
[Regulation 89B inserted in Gazette 17 Jan 2003 p. 106; amended in Gazette 3 Feb 2006 p. 594.]
89C.Identified mineral resource — section 8(1)
(1)In this regulation —
“JORC Code” means the Australasian Code for Reporting of Exploration Results, Mineral Resources and Ore Reserves published by the Joint Ore Reserves Committee of the Australasian Institute of Mining and Metallurgy, the Australian Institute of Geoscientists and the Minerals Council of Australia in December 2004.
(2)For the purposes of the definition of “identified mineral resource” in section 8(1), a deposit of minerals has to be identified as coming within one of the following classifications provided for in clauses 20, 21 and 22 of the JORC Code —
(a)Inferred Mineral Resource;
(b)Indicated Mineral Resource;
(c)Measured Mineral Resource.
[Regulation 89C inserted in Gazette 3 Feb 2006 p. 595.]
90.Forms to be completed in accordance with directions
A form prescribed by these regulations shall be completed in accordance with such directions as are specified in the form as so prescribed.
90A.Prescribed procedure for certain applications
(1)This regulation applies to —
(a)applications for prospecting licences, exploration licences and mining leases in respect of an area that are made at the first available opportunity after that area has been surrendered under section 65; and
(b)applications for exploration licences in respect of an area that are made at the first available opportunity after that area has become forfeited under section 96A or 97.
(2)Applications to which this regulation applies are to be lodged by placing the applications in a tray specifically identified for that purpose at the office of the mining registrar.
(3)When the mining registrar is satisfied that all persons waiting to lodge applications to which this regulation applies have placed their applications in the tray in accordance with subregulation (2), the mining registrar is to remove the tray.
(4)The applications contained in the tray after removal by the mining registrar are to be regarded as having been lodged —
(a)in the case of applications in respect of an area surrendered under section 65, on the date and at the time endorsed on the public plans of the Department under regulation 23(1)(c) as the date and time for the release of the area surrendered; and
(b)in the case of applications in respect of an area forfeited under section 96A or 97, at the same time on the date on which notice of the forfeiture was published in the Government Gazette.
[Regulation 90A inserted in Gazette 3 Feb 2006 p. 595-6.]
(1)An appeal referred to in section 32(2), 56(1), 56A(5), 70(5) or 94(3) of the Act shall be in the form of a submission in writing lodged at the Department at Perth within 14 days of the date of the grant or refusal, as the case requires, by a mining registrar or a warden of the application concerned.
(2)The Minister may obtain such further information in writing from any other party to the matter and from any other sources as he sees fit to assist him in his determination of the appeal.
[Regulation 91 amended in Gazette 12 Nov 1982 p. 4490; 13 Oct 1995 p. 4819.]
The shape of a mining tenement other than a graticular exploration licence, a miscellaneous licence or one marked out pursuant to regulation 61 shall be in the form of a rectangle, but if the presence of boundaries of mining tenements, other boundaries or natural features make it necessary or desirable to vary this shape, each side of the tenement shall be a straight line and where possible at right angles to an adjacent side or parallel to an opposite side.
[Regulation 92 amended in Gazette 31 May 1991 p. 2699.]
[93.Repealed in Gazette 2 Feb 2001 p. 713.]
[94, 94A.Repealed in Gazette 24 Jun 1994 p. 2933.]
95.Tenements within more than one mineral field or district
(1)Where an application for a mining tenement is made in respect of land situated within more than one mineral field or district, the application shall be lodged with the warden of the mineral field or district apparently containing the largest portion of the ground applied for.
(2)If, as a result of survey or otherwise it is ascertained that any mining tenement or any land the subject of application for a mining tenement is situated partly within the boundaries of any 2 or more mineral fields or districts the Director General of Mines shall determine to which mineral field or district the mining tenement or application shall be assigned.
[Regulation 95 amended in Gazette 2 Oct 1987 p. 3837.]
(1)The Director General of Mines may cause mining statistics to be compiled from mining information as defined in regulation 96(1).
(2)Mining statistics are to be compiled in such a way that, so far as is practicable, information in respect of a particular person or mining operation cannot be ascertained.
(3)The Director General of Mines may cause mining statistics to be published in any manner that the Director General of Mines considers appropriate.
[Regulation 95A inserted in Gazette 3 Feb 2006 p. 597.]
96.Release of information contained in reports
(1)In this regulation —
“combined mineral exploration report” means a combined mineral exploration report filed in accordance with arrangements referred to in section 115A(4);
“mineral exploration report” includes a combined mineral exploration report;
“mining information” means —
(a)information contained in —
(i)a mineral exploration report;
(ii)an operations report;
(iii)a report required under regulation 36(d) or 41(d); or
(iv)a production report furnished under regulation 85A(1) or (2),
irrespective of when the report was filed, furnished or otherwise given; and
(b)any other information relating to mining supplied to the Minister, a warden or an official of the Department under the Act irrespective of when the information was supplied,
but does not include such information if it is in the form of mining statistics compiled under regulation 95A;
“operations report” has the same meaning as in section 115A(1);
“release” means publish, print, reproduce or otherwise make available to the public.
(2)The Minister may only release mining information —
(a)with the written consent of the holder for the time being of the mining tenement the subject of the information or of a mining tenement granted in renewal or substitution of that mining tenement;
(b)after the expiry of the period of 3 months immediately following the surrender, forfeiture, expiry or cancellation of the mining tenement the subject of the information or of a mining tenement granted in renewal or substitution of that mining tenement;
(c)in accordance with subregulation (4); or
(d)in the case of a combined mineral exploration report, in accordance with subregulation (7).
(3)Despite subregulation (2), a person may, on payment of the prescribed fee, obtain at the Department at Perth a copy of the front page of an operations report in the form No. 5 in the First Schedule, together with either Attachment 1 — “Summary of Mineral Exploration/Mining Activities” or Attachment 2 — “Summary of Prospecting and/or Small Scale Mining Activities”, as the case may be.
(4)Subject to subregulation (5), the Minister may release mining information that has been held at the Department for a period of 5 years or more.
(4a)Subregulation (4) does not apply to mining information that consists of information as to sales value contained in a production report furnished under regulation 85A(1).
(5)The Minister may, upon the written application of the holder of a mining tenement the subject of mining information to which subregulation (4) applies or of a mining tenement granted in renewal of or substitution for such a mining tenement, refuse to release the information for a further period or further periods not exceeding 5 years in each case.
(6)An application under subregulation (5) shall set out the reasons why the mining information should not be released immediately.
(7)If —
(a)a mining tenement, or part of a mining tenement, the subject of information in a combined mineral exploration report is surrendered, forfeited or expires or is cancelled; and
(b)the former holder of that mining tenement or that part of the mining tenement fails to provide a separate mineral exploration report in respect of the mining tenement or part of the mining tenement within the period of 3 months immediately following its surrender, forfeiture, expiry or cancellation,
the Minister may, at the expiry of the period referred to in paragraph (b), release information relating to any mining tenement contained in the combined mineral exploration report.
[Regulation 96 inserted in Gazette 13 Oct 1995 p. 4819‑20; amended in Gazette 11 Jun 1999 p. 2544; 3 Feb 2006 p. 597-9.]
96A.Authorisation for release of information in mineral exploration reports
(1)If the copyright in a mineral exploration report or part of a mineral exploration report is owned by a person other than the holder of the mining tenement to which the report relates, the holder shall, before filing the report, take all reasonable steps to obtain the authorisation of the owner of the copyright to the release of information contained in the report in accordance with regulation 96.
(2)When filing a mineral exploration report at the Department, the holder of a mining tenement shall —
(a)if the holder is the owner of the copyright in the report or a part of the report, authorise in writing the release of information contained in the report or the relevant part of the report in accordance with regulation 96;
(b)if the copyright in the report or a part of the report is owned by a person other than the holder, state in writing whether or not the authorisation of the owner of the copyright to the release of information in the report or the relevant part of the report has been obtained and, if not, state in writing what steps have been taken to obtain that authorisation; and
(c)if the copyright in a part of the report is owned by a person other than the holder, ensure that the report is marked in a manner approved by the Director General of Mines to enable that part to be identified.
(3)The holder of a mining tenement shall not be regarded as having complied with the guidelines referred to in section 115A in relation to the filing of a mineral exploration report, unless the holder has complied with subregulation (2) in relation to that report.
[Regulation 96A inserted in Gazette 13 Oct 1995 p. 4820; amended in Gazette 15 Dec 1995 p. 6115.]
96B.Publication of guidelines — mineral exploration reports
The guidelines referred to in section 115A shall be published in the Government Gazette in a form approved by the Director General of Mines.
[Regulation 96B inserted in Gazette 13 Oct 1995 p. 4820.]
96C.Specific expenditure provisions
(1)The cost of an Aboriginal heritage survey conducted on land which is the subject of a mining tenement may be used in the calculation of expenditure expended on, or in connection with, mining on the mining tenement.
(1a)The cost of an Aboriginal heritage survey conducted on land while the land was the subject of an application for a mining tenement may be used in the calculation of expenditure expended on, or in connection with, mining on that mining tenement during the first year of its term.
(2)Where the cost of a survey is claimed under subregulation (1) or (1a) —
(a)a copy of the survey must be submitted to the Registrar of Aboriginal Sites (appointed under section 37 of the Aboriginal Heritage Act 1972) as soon as practicable; and
(b)evidence that the survey has been submitted to the Registrar of Aboriginal Sites must be provided to the Department.
(2a)Annual tenement rent (including the rent for the first year of the term of the mining tenement) and local government rates relating to land which is the subject of a mining tenement may be used in the calculation of expenditure expended on, or in connection with, mining on the mining tenement.
(3)Administration and land access costs relating to land which is the subject of a mining tenement may be used in the calculation of expenditure expended on, or in connection with, mining on the mining tenement, but only up to 20% of the minimum commitment, or 20% of the total expenditure on the mining tenement, whichever is the greater amount.
(3a)The cost of cutting and polishing minerals for use as samples may be used in the calculation of expenditure expended on, or in connection with, mining on the mining tenement.
(3b)The cost of an aerial survey may be used in the calculation of expenditure expended on, or in connection with, mining on any mining tenement that is located wholly or partly within the boundaries of the survey when those boundaries are projected onto the surface of the Earth.
(3c)The reference in subregulation (3b) to an aerial survey includes an aerial survey conducted in respect of land while the land was the subject of an application for the mining tenement concerned.
(3d)Where the cost of an aerial survey is used in the calculation of expenditure for more than one mining tenement, the cost is to be apportioned between the mining tenements in such a way that the total expenditure claimed does not exceed the cost.
(3e)For the purposes of subregulations (3b) and (3d) the cost of an aerial survey comprises —
(a)the cost of acquiring data, in the air and on the ground, during the period in which the aerial survey is conducted; and
(b)the cost of processing that data to produce fully corrected, point‑located digital data stored on an appropriate computer‑compatible medium.
(4)The following costs and payments cannot be used in the calculation of expenditure expended on, or in connection with, mining on the mining tenement —
(a)the cost of marking out mining tenements;
(b)any costs associated with the acquisition or sale of mining tenements;
(c)research activities not directly related to a specific tenement;
(d)compensation payments made in respect to the mining tenement.
[Regulation 96C inserted in Gazette 11 Jun 1999 p. 2545; amended in Gazette 21 Jan 2000 p. 344; 15 Aug 2003 p. 3694; 3 Feb 2006 p. 599-600.]
(1)The holder of a mining tenement must not destroy or dispose of a drill core obtained from the mining tenement unless the holder has given the Minister written notice of his or her intention to do so not less than 3 months before the destruction or disposal.
(2)If the holder of a mining tenement has received a request to furnish drill cores under section 51A, 68(2), 70H(1)(g) or 82(1)(ea), the holder must ensure that the drill cores are stored in a way that protects them from damage and deterioration until such time as the holder complies with the request.
(3)Drill cores furnished in response to a request referred to in subregulation (2) may be made available for public inspection and sampling at the times, and in the manner, determined by the Director, Geological Survey.
(4)A person who contravenes subregulation (1) or (2) commits an offence.
[Regulation 96D inserted in Gazette 3 Feb 2006 p. 600.]
97.No mining that obstructs public thoroughfares, etc.
A person who undertakes or causes to be undertaken, any mining that obstructs any public thoroughfare or undermines any road, railway, dam or building in such manner as to endanger the public safety commits an offence.
98.Control of detritus, dirt, etc.
The holder of a mining tenement shall not allow detritus, dirt, sludge, refuse, garbage, mine water or pollutant from the tenement to become an inconvenience to the holder of any other mining tenement or to the public, or in any way injure or obstruct any road or thoroughfare or any land used for agricultural, pastoral, fruit‑growing, forestry or other useful purpose and a holder of a mining tenement who contravenes this regulation commits an offence.
The holder of a mining tenement shall at all times make adequate provision for preservation of decency and observance of sanitary conditions on the tenement.
100.Removal of fences, timbers, etc.
A person who removes or interferes with any fence erected around, or any timber or other material placed in, on or around any abandoned shaft, hole, pit, trench or other disturbance to the surface of the land previously made or used for mining purposes in such a manner that will render the area in an unsafe condition commits an offence.
101.Manner of camping — section 20(2)(e)
For the purposes of section 20(2)(e) the holder of a Miner’s Right may camp on Crown land in —
(a)a vehicle or caravan;
(b)a tent or other temporary structure; or
(c)the open air.
[Regulation 101 inserted in Gazette 3 Feb 2006 p. 601.]
101A.Notice before mining under certain Crown land or private land
(1)In this regulation —
“relevant depth” means 30 metres below the lowest part of the natural surface of the land concerned.
(2)At least 14 days before carrying out mining at or below the relevant depth under Crown land described in any of section 20(5)(a) to (e), the holder of a mining tenement must give written notice in accordance with subregulation (4) to the occupier of the Crown land unless that occupier has already given written consent for mining above the relevant depth.
(3)At least 14 days before carrying out mining at or below the relevant depth under private land described in any of section 29(2)(a) to (f), the holder of a mining tenement must give written notice in accordance with subregulation (4) to the owner and the occupier of the private land unless the mining tenement includes that portion of the private land that is above the relevant depth.
(4)The notice is to contain details of —
(a)the extent and type of mining proposed; and
(b)when the holder of the mining tenement intends to begin that mining.
(5)A holder of a mining tenement who contravenes subregulation (2) or (3) commits an offence.
[Regulation 101A inserted in Gazette 17 Jan 2003 p. 106‑7.]
(1)On the death, bankruptcy, insanity or liquidation of the holder of, or applicant for, a mining tenement, his legal personal representative, receiver, trustee or a liquidator in whom the property of the company of which he is liquidator has been vested, as the case may be, may lodge a devolution in the form No. 28 in the First Schedule with the prescribed fee and an attested or certified copy of the document under which he derives his title.
(2)The death, bankruptcy, insanity or liquidation of the holder of a mining tenement shall be a reason for exemption pursuant to section 102(3) of the Act.
103.Unregistered deeds, etc. void as against registered instruments
Every deed, contract or other instrument relating to the title to or transfer of any mining tenement required by the Act or these regulations to be registered, and which is not registered, shall, so far as regards any such property affected or to be affected thereby, be void as against any person claiming bona fide and for valuable consideration under any subsequent deed, contract or other instrument duly registered.
104.Time for any act may be extended
The time required by these regulations for any act to be done by the applicant for, or holder of, any mining tenement may be extended by the Minister or a warden, as the case requires, for reasonable cause, proof of which lies on the applicant or holder.
105.Application for copy document
Where any instrument of lease or licence or other document issued by the Department is lost, destroyed or obliterated, the person to whom such instrument or document was issued or some other person having knowledge of the facts and circumstances may lodge an application in the form No. 29 in the First Schedule with the prescribed fee for a copy of the instrument or document to be issued, and a certified copy shall be issued.
106.Register to be kept and copy obtainable
(1)There shall be kept at the Department at Perth and at the office of the mining registrar a register wherein shall be recorded in relation to each application for a mining tenement —
(a)those particulars shown on the prescribed form of application;
(b)the approval of the application and the terms and conditions of that approval, or the refusal or withdrawal thereof as the case may be;
(c)all rental payments;
(d)moneys expended or deemed to be expended in mining on or in connection with mining on the tenement;
(e)particulars of exemptions;
(f)a memorial of all dealings affecting the tenement;
(g)the name of the registered holder and the number of shares held;
(h)the surrender, forfeiture or other cancellation of the tenement; and
(i)such further matters as the Minister may deem necessary or expedient for the purposes of the Act.
(1a)The register may be kept wholly or partly on paper, or may be wholly or partly recorded or stored by means of any mechanical, electronic or other device.
(2)Any person may, on payment of the prescribed fee obtain at the Department at Perth or at the office of the mining registrar —
(a)a copy of the register relating to any mining tenements or application therefor; and
(b)with the written consent of the registered holder or the applicant, or the approval of the Minister if such consent is not given within 30 days of a written request therefor, a copy of all dealings referred to in subregulation (1)(f).
(3)A copy for the purposes of subregulation (2) may, at the discretion of the Director General of Mines or a person authorised by him, be —
(a)in writing;
(b)a photographic reproduction;
(c)a printout produced by mechanical or electronic means; or
(d)a combination of any or all of the methods referred to in paragraphs (a), (b) and (c).
[Regulation 106 amended in Gazette 31 May 1991 p. 2700; 4 Apr 1997 p. 1779.]
107.Amendment of particulars shown in register
An application to amend any particulars shown in the register for a mining tenement or application therefor shall be made in the form No. 30 in the First Schedule.
107A.Dating and effect to be given to provisional lodgement
(1)Where an instrument is accepted for provisional lodgement under section 103A(3) of the Act —
(a)the time and date of lodgement shall be entered in the register as the time and date at which registration was effected but the word “provisional” shall be entered in the register next to the entry specifying that time and date; and
(b)an authorised officer shall, by notice in writing to the person who lodged the instrument, direct the person to ensure that the error or defect in the instrument is, subject to subregulation (4), corrected on or before the date specified in the notice.
(2)Where a direction is given under subregulation (1)(b) in relation to an instrument —
(a)if the direction is complied with on or before the date specified in the notice containing the direction, the word “provisional” shall be deleted from the register;
(b)if the direction is not complied with on or before that date the instrument shall be deemed to have been rejected and the register shall be so endorsed.
(3)If the word “provisional” is entered in the register next to an entry specifying a time and date in relation to a time and date of lodgement of an instrument, the instrument shall be taken not to have been registered but where the word “provisional” is deleted from the register under subregulation (2)(a), the instrument shall be taken to be registered and to have been registered from and including the time and date specified in the register under subregulation (1)(a).
(4)An authorised officer —
(a)may, for reasonable cause, extend the time for the correction of any error or defect provided the request to extend is made, in writing by or on behalf of the person who lodged the instrument, before the date specified in the notice; and
(b)shall, by notice in writing to the person who requested the extension, advise whether an extension has been granted.
[Regulation 107A inserted in Gazette 2 Oct 1987 p. 3820‑1.]
107AA.Inclusion of information in register despite late lodgment of report
(1)In this regulation —
“prescribed period”, in relation to a report, means the period within which the report is required to be filed or lodged under regulation 16, 22, 23E or 32, as the case requires.
(2)An officer of the Department may extract information from a report referred to in regulation 16, 22, 23E or 32 for the purpose of including it in the register under regulation 106(1) despite the fact that the report was received at the Department after the expiry of the prescribed period.
[Regulation 107AA inserted in Gazette 17 Jan 2003 p. 113‑14.]
A person may appoint an attorney to act for him in dealing with any mining tenement or application therefor by lodging a power of attorney in the form No. 31 in the First Schedule with the prescribed fee.
(1)Subject to subregulation (2), fees payable under the Act are prescribed in the Second Schedule.
(2)The bailiff fees set out in Part II of the Appendix to the Local Court Rules 1961 are, so far as they are applicable, prescribed as the bailiff fees payable in relation to proceedings under the Act.
(3)For the purposes of the Act, the prescribed rent, including GST, for a mining tenement for a year is that set out in item 1 of the Second Schedule for that tenement.
(4)The prescribed rent for a mining tenement for the second and subsequent years of the term of the tenement shall be paid yearly in advance within one month after the anniversary of the date on which the term commenced.
[Regulation 109 inserted in Gazette 2 Oct 1987 p. 3821; amended in Gazette 4 Apr 1997 p. 1779; 2 Feb 2001 p. 713‑14.]
109A.GST to be paid on certain applications
(1)This regulation applies to an application for a mining tenement if —
(a)the application was made before 5 February 2001;
(b)the rent for the first year of the term of the tenement paid in advance at the time the application was made did not include an amount for GST; and
(c)the application was not granted before 5 February 2001.
(2)An application to which this regulation applies shall not be granted unless the applicant pays an amount that is 10% of the rent that was paid at the time the application was made.
(3)Written notice requiring the payment of the amount referred to in subregulation (2) within 30 days of the date of the issue of the notice may be given to the applicant.
(4)If an applicant does not pay the amount referred to in subregulation (2) as required by such a notice, the prescribed application may be refused.
[Regulation 109A inserted in Gazette 2 Feb 2001 p. 714.]
(1)Unless otherwise provided in the Act or these regulations, all dealings affecting a mining tenement shall be lodged for registration with the prescribed fee, at the office of the mining registrar or the Department at Perth.
(2)The registration of all dealing shall be effected at the Department by an officer acting with the authority of the Minister.
(3)No dealings shall be effectual to pass any estate or interest in a mining tenement or in any way to charge or encumber a mining tenement until registered in accordance with subregulation (2).
[Regulation 110 amended in Gazette 12 Nov 1982 p. 4491; 31 Jul 1992 p. 3776; 4 Apr 1997 p. 1779.]
(1)Unless otherwise provided in the Act or these regulations, any notice, order, process, or other document, required or authorised under the Act or these regulations, to be given to or served upon any person, may be served —
(a)by delivering it to such person; or
(b)by delivering it to some person apparently over the age of 16 years, at the place of abode or business of the party to be served;
(c)by forwarding it by post in a certified or prepaid registered letter addressed to such person at his last known place of abode or business;
(d)where the party to be served is working in any mine or other works underground, by delivering it at the mine or works to any person apparently in charge of the mine or works.
(2)Any such notice or other document, if addressed to the owner or occupier of any land, may be served, if there is no person on the premises, by fixing it on some conspicuous part of the premises.
(3)Where the name of the owner or occupier is unknown, the notice may be addressed to those persons by the description of the “owner” or “occupier” of the premises (naming them) in respect of which the notice is given without further name or description.
(4)Where in any case the practice and procedure for service of notices is not sufficiently defined in this regulation, the practice and procedure of Local Courts shall be adopted as far as possible.
(1)For the purposes of sections 52(1), 60(1), 70F(1) and 84A(1), the applicant shall lodge a security within 28 days after lodging the application to which the security relates.
(2)For the purposes of section 126(1)(a)(ii), the amount of $5 000 is prescribed.
(3)For the purposes of section 126(1)(b), form No. 32 in the First Schedule is prescribed.
[Regulation 112 inserted in Gazette 3 Feb 2006 p. 601.]
An application for discharge of a security under section 126(7) shall be accompanied by —
(a)a statutory declaration of the person subscribing, stating the extent to which that person has complied with the conditions under which the mining tenement was granted and with the provisions of the Act and regulations and giving details of the nature of that compliance; and
(b)a map showing —
(i)the location of the workings of the person subscribing in relation to the mining tenement;
(ii)the boundaries of the workings; and
(iii)the access routes to the workings.
[Regulation 112A inserted in Gazette 2 Oct 1987 p. 3821.]
113.Employees not to use information
A person employed by the Department in any capacity who uses for the purpose of personal gain any information that comes to his knowledge in the course of, or by reason of, his employment with the Department commits an offence.
113A.General power for wardens to administer oaths
In addition to the powers set out in section 138 of the Act (permitting a warden, etc., to administer an oath in relation to “proceedings in a warden’s court”), a warden, the mining registrar or other person acting as the clerk of the warden’s court may also administer an oath for the purposes of taking evidence in proceedings that are not “proceedings in a warden’s court”.
[Regulation 113A inserted in Gazette 21 Jan 2000 p. 344‑5.]
114.Warden’s order not to be disobeyed
A person who disobeys a lawful order of a warden or a warden’s court commits an offence.
A person who commits an offence against a regulation for which no penalty is provided elsewhere than in this regulation is liable to a fine not exceeding $10 000 and if the offence is a continuing one to a fine not exceeding $1 000 for each day or part thereof during which the offence has continued.
[Regulation 115 amended in Gazette 31 Jul 1992 p. 3776; 17 Jan 2003 p. 107.]
[Heading inserted in Gazette 30 May 1986 p. 1840.]
In this Part, unless the contrary intention appears —
“approved surveyor” means licensed surveyor who is for the time approved under regulation 117;
“licensed surveyor” has the meaning given by section 3 of the Licensed Surveyors Act 1909;
“mining survey” means survey required under the Act or these regulations in respect of the boundaries of the area of land to which a tenement relates;
“tenement” means mining tenement or application therefor;
“the Director” means the person for the time being holding or acting in the office of the Director of the Mineral Titles Division of the Department under Part 3 of the Public Sector Management Act 1994.
[Regulation 116 inserted in Gazette 30 May 1986 p. 1840; amended in Gazette 13 Oct 1995 p. 4821.]
(1)The Minister may from time to time —
(a)approve for the purposes of this Part a person who is a licensed surveyor; and
(b)on the recommendation of the Director given under subregulation (3), withdraw an approval given under this subregulation.
(2)Subject to the Act and this Part, all mining surveys shall be carried out by approved surveyors in accordance with —
(a)the Licensed Surveyors Act 1909 and the Licensed Surveyors (Guidance of Surveyors) Regulations 1961 or a procedure approved by the Director; and
(b)such directions as are from time to time published by the Department for the guidance of approved surveyors.
(3)If, in the opinion of the Director, an approved surveyor has not complied with the requirements of subregulation (2), the Director may recommend to the Minister that the approval of the approved surveyor be withdrawn under subregulation (1).
(4)If an approved surveyor ceases to be a licensed surveyor, his approval is deemed to be withdrawn under subregulation (1) at the time of that cessation.
[Regulation 117 inserted in Gazette 30 May 1986 p. 1840; amended in Gazette 2 Jul 1993 p. 3272.]
118.Initiation of mining surveys
(1)Subject to subregulation (2), the Director shall —
(a)when a mining survey is ordered to be made under section 47(1), 58(2)(b) or 70G(1) of the Act;
(b)subject to section 80 of the Act, after the lodging of an application for a mining lease;
(c)subject to section 80, as read with section 90, of the Act, after the lodging of an application for a general purpose lease; or
(d)when a mining survey is requested by the Minister or a warden for the purpose of determining any matter relating to the boundaries of a tenement,
arrange for a mining survey of the relevant tenement to be made as soon as is practicable by an approved surveyor.
(2)Subregulations (1)(b) and (c) do not apply to applications lodged on or after 1 July 1991.
(3)Subject to regulation 118C, a survey of a mining lease under section 80 of the Act, or of a general purpose lease under section 90 of the Act may be arranged by the holder of the tenement and carried out at any time, but if the Director directs, by written notice given to the holder of the tenement, that a survey be arranged and carried out, the holder of the tenement must arrange for a survey to be carried out within the time specified in the notice.
[Regulation 118 inserted in Gazette 30 May 1986 p. 1840; amended in Gazette 21 Jun 1991 p. 3056; 24 Jun 1994 p. 2933.]
118A.Notice of proposed mining surveys
(1)Where the Director proposes to carry out a mining survey of a tenement, the Director shall serve by post notice of that fact on —
(a)the applicant for or holder of the tenement concerned; and
(b)an applicant for or a holder of any adjoining tenement.
(2)Where the lessee proposes or is required to carry out a mining survey of a tenement on or after 1 July 1991, the approved surveyor who is to carry out the survey shall serve by post notice of that fact on an applicant or a holder of any adjoining tenement.
(3)The Director shall provide an approved surveyor with the details of adjoining tenement applicants and holders for the purposes of complying with subregulation (2), when requested to do so by the approved surveyor.
[Regulation 118A inserted in Gazette 16 Nov 1990 p. 5729; amended in Gazette 21 Jun 1991 p. 3056.]
118B.When mining surveys are to be carried out
A mining survey, in relation to a lease application lodged after 1 July 1991 —
(a)shall, when required by the Director, be arranged by the applicant as soon as possible; or
(b)may, where the Director has not indicated that a mining survey is required at any particular time, be arranged by the applicant at any time.
[Regulation 118B inserted in Gazette 21 Jun 1991 p. 3056.]
118C.Refund of certain survey fees
(1)Where a prescribed survey fee was paid under the Act before the commencement of section 28 of the Mining Amendment Act 1993 3 but a mining survey has not yet been arranged, the Director General of Mines may, on written application by the applicant for, or holder of, the tenement concerned, refund the survey fee.
(2)Where a survey fee is refunded under subregulation (1), the Director may give a written notice to the applicant or tenement holder (as the case may be) specifying a time within which a survey must be arranged.
(3)Where a survey fee is refunded under subregulation (1), the applicant for, or holder of, the tenement concerned must arrange and pay for a mining survey of the tenement to be carried out by an approved surveyor —
(a)within the time period specified in a notice given under subregulation (2); or
(b)if no notice is given under subregulation (2), at any time.
[Regulation 118C inserted in Gazette 24 Jun 1994 p. 2933‑4.]
119.Boundary marks to be pointed out
(1)When a mining survey is to be carried out, the applicant for or the holder of the tenement concerned who does not make himself or his agent available at a reasonable time in order to point out to the approved surveyor carrying out the mining survey his corner posts and other boundary marks commits an offence.
(2)Subregulation (1) does not apply where the application giving rise to the mining survey is lodged on or after 1 July 1991.
[Regulation 119 inserted in Gazette 30 May 1986 p. 1840; amended in Gazette 21 Jun 1991 p. 3056.]
(1)Subject to this regulation, an approved surveyor shall carry out a mining survey in respect of —
(a)a tenement other than an exploration licence so as to conform with —
(i)the land indicated by the applicant in marking out that tenement; and
(ii)the prescribed shape referred to in section 105(1) of the Act;
or
(b)an exploration licence or an application therefor to conform with the substance of the description thereof.
(2)If, in the case of an application for a tenement other than an exploration licence, an adjustment made to achieve conformity under subregulation (1) would affect adjoining interests, the approved surveyor concerned shall survey the relevant tenement as strictly in accordance with its marking out as the circumstances permit.
(3)If an approved surveyor finds that a tenement being surveyed by him encroaches on another tenement having priority in application over the first‑mentioned tenement, the approved surveyor shall excise from the area of the first‑mentioned tenement the area of that encroachment.
(4)The Director shall provide an approved surveyor with details relating to priority of adjoining tenements, for the purposes of complying with subregulation (3), when requested to do so by the approved surveyor.
[Regulation 120 inserted in Gazette 30 May 1986 p. 1840; amended in Gazette 21 Jun 1991 p. 3057.]
120A.Disputes and objections in mining survey
(1)If a dispute arises during a mining survey concerning the position of posts or otherwise and the parties to the dispute cannot agree, the approved surveyor concerned shall —
(a)forthwith report the matter to the Director at Perth; and
(b)not proceed with the mining survey pending determination of the dispute under subregulation (5).
(2)The Director shall, as soon as is practicable after receiving a report made to him under subregulation (1), refer the matter so reported to him to the mining registrar, together with his own report on that matter for the benefit of the warden.
(2a)Subregulations (1) and (2) do not apply where the application giving rise to the mining survey described in subregulation (1) is lodged on or after 1 July 1991.
(3)After a mining survey, the Director shall serve by post on the persons referred to in regulation 118A(1), a copy of the documents referred to in regulation 120E and a covering letter.
(3a)A person who has been served under subregulation (3) may, within 30 days of the date of the covering letter, lodge an objection as to the mining survey and the objection shall be lodged in the form No. 16 in the First Schedule at the office of the mining registrar.
(3b)The warden may, on written application by a person served under subregulation (3), extend the time for lodging an objection to a period that he considers reasonable in the circumstances of the case.
(4)Subject to section 135 of the Act, a dispute or objection referred or lodged under this regulation shall be heard by the warden’s court.
(5)When the warden has heard a dispute or objection under subregulation (4), he shall forward the notes of evidence and his recommendation relating to the dispute or objection to the Minister, who shall determine the dispute or objection.
[Regulation 120A inserted in Gazette 30 May 1986 p. 1840‑1; amended in Gazette 16 Nov 1990 p. 5729; 21 Jun 1991 p. 3057; 24 Dec 1993 p. 6829.]
When an applicant for or the holder of an isolated tenement requests that the relevant mining survey be expedited, that applicant or holder shall pay such contribution as the Director approves towards meeting the cost of any travelling undertaken in order to meet that request.
[Regulation 120B inserted in Gazette 30 May 1986 p. 1841.]
120C.Correction of errors or omissions
(1)The Director may request an approved surveyor to correct any errors or omissions in a mining survey carried out by the approved surveyor.
(2)If the approved surveyor to whom a request is made under subregulation (1) does not promptly comply with the request, the Director may request another approved surveyor to correct the errors or omissions concerned.
(3)If a mining survey has not been completed by an approved surveyor in accordance with these regulations or areas have been incorrectly computed by an approved surveyor, but the Director does not wish to reject the mining survey concerned, the Director may request another approved surveyor to complete that mining survey in accordance with these regulations or to correct the computations, as the case requires.
(4)The cost of correction or completion in compliance with a request made under subregulation (2) or (3) is a debt due to the Minister by the approved surveyor —
(a)to whom the relevant request was made under subregulation (1); or
(b)who did not complete a mining survey, or who made incorrect computations, within the meaning of subregulation (2),
as the case requires, and may be recovered from that approved surveyor by the Minister by action in a court of competent jurisdiction.
[Regulation 120C inserted in Gazette 30 May 1986 p. 1841; amended in Gazette 21 Jun 1991 p. 3057.]
120D.Cost of check surveys and of correction of errors to be met by approved surveyors
If an independent check survey requested by the Director within 2 years of the completion of a mining survey shows that unacceptable errors or omissions are present in the mining survey, the cost of that check survey and of correcting those errors or omissions is a debt due to the Minister by the approved surveyor who carried out the mining survey and may be recovered from that approved surveyor by the Minister by action in a court of competent jurisdiction.
[Regulation 120D inserted in Gazette 30 May 1986 p. 1841.]
120E.Report of surveyed tenements to be prepared
An approved surveyor shall cause to be prepared, for each tenement surveyed by him, a report in form 44 set out in the First Schedule, and shall cause that report to be lodged with the Director.
[Regulation 120E inserted in Gazette 5 Jul 1991 p. 3359.]
[Heading inserted in Gazette 24 Jun 1994 p. 2934.]
[Heading inserted in Gazette 24 Jun 1994 p. 2934.]
120F.Assignment of inspectors for environmental purpose
(1)The Director General of Mines may assign an inspector appointed under section 11 to carry out the duties and to exercise the powers set out in this Part.
(2)Where the Director General of Mines has assigned an inspector under subregulation (1), the Director General must issue the inspector with a certificate of assignment which states —
(a)that the inspector is authorised to carry out those duties and exercise those powers set out in this Part; and
(b)that the inspector to whom the certificate is issued is entitled to act in the capacity of —
(i)an inspector; or
(ii)a senior inspector,
as the case may be.
(3)When an inspector or a senior inspector enters a mining tenement, he or she must produce the certificate to the holder of the mining tenement if asked to do so by the holder.
(4)When an inspector or a senior inspector enters a mine, he or she must produce the certificate to the mine manager or the person ostensibly in charge of the mine if asked to do so.
(5)A reference in this Part to an “inspector” or a “senior inspector” is a reference to the holder of a certificate under subregulation (1).
[Regulation 120F inserted in Gazette 24 Jun 1994 p. 2934.]
120G.Inspectors may enter mining tenement or mine
(1)An inspector or a senior inspector may enter, inspect and inquire in respect of any mining tenement or mine —
(a)to establish the condition of that mining tenement or mine; or
(b)for any purpose related to the protection of the environment.
(2)An inspector or a senior inspector may be accompanied by any person thought to be necessary by that inspector or senior inspector when entering a mining tenement or mine under subregulation (1), but the inspector or senior inspector, or person chosen to accompany him or her, must not unnecessarily impede or obstruct any operations.
(3)A person who refuses entry to an inspector or a senior inspector, or who fails within a reasonable time to furnish an inspector or a senior inspector with the means to enter a mining tenement or mine that the inspector or senior inspector wishes to enter, commits an offence.
[Regulation 120G inserted in Gazette 24 Jun 1994 p. 2934‑5.]
Division 2 — Directions to modify mining operations
[Heading inserted in Gazette 24 Jun 1994 p. 2935.]
120H.Inspectors may issue directions
If an inspector or a senior inspector is of the opinion that a mine, or any activity in connection with that mine is likely to have or is having a significant adverse effect on the environment, that inspector or senior inspector may issue a written direction to modify mining operations to the mining tenement holder —
(a)by delivering a copy of that direction to the person ostensibly in charge at the site of the relevant mine; or
(b)in the absence of the person referred to in paragraph (a), by posting a copy to the mining tenement holder at that mining tenement holder’s last known address.
[Regulation 120H inserted in Gazette 24 Jun 1994 p. 2935.]
A direction to modify mining operations must —
(a)be in writing;
(b)specify the operation or activity to be modified, and its effect or potential effect on the environment;
(c)set out the reason for that effect or perceived effect;
(d)specify a time and date within which compliance with the direction must take place; and
(e)indicate that a review of the decision to issue that direction, or of the terms of that direction, may be sought within 7 days of the receipt of that direction in accordance with regulation 120J.
[Regulation 120I inserted in Gazette 24 Jun 1994 p. 2935.]
(1)A mining tenement holder to whom a direction is issued, or the holder’s agent, may request a review of the decision to issue that direction, or of the terms of that direction, by delivering a request in writing within 7 days of the receipt of that direction, to the Director, Environment Division, setting out the reasons for the request.
(2)A mining tenement holder is not bound by a direction while a review of the direction is being sought or determined.
(3)When reviewing a direction, the Director, Environment Division may take into account any active measures that have been taken by the mining tenement holder which result in substantial compliance with the direction and the Director, Environment Division may extend the time period for compliance with the direction if the Director, Environment Division is of the opinion that measures already taken by the mining tenement holder will be completed within the extended time period.
(4)Upon the review of a direction, the Director, Environment Division is to determine that review by —
(a)confirming the decision to issue a direction and confirming the terms of that direction, giving a new period for compliance;
(b)confirming the decision to issue a direction but modifying the terms of that direction, giving a new period for compliance; or
(c)revoking the direction.
[Regulation 120J inserted in Gazette 24 Jun 1994 p. 2935‑6; amended in Gazette 3 Feb 2006 p. 604.]
120K.Compliance with directions
(1)A mining tenement holder to whom a direction is issued and who has not requested a review of that direction, shall comply with the terms of that direction within the time period specified in that direction.
(2)When a mining tenement holder to whom a direction is issued requests a review, or intends to request a review and a review is requested, if upon determination of that review —
(a)the decision to issue a direction is confirmed and the terms of that direction are confirmed, the mining tenement holder shall comply with the terms of that direction within the new time period specified in that direction;
(b)the decision to issue a direction is confirmed but the terms of that direction are modified, the mining tenement holder shall comply with the modified terms of that direction within the new time period specified in that direction; or
(c)the direction is revoked, the mining tenement holder is not bound by the original direction.
(3)A mining tenement holder who does not comply with subregulation (1) or (2) commits an offence.
(4)A term of a contract or agreement that purports to exclude, restrict or modify a person’s obligation to comply with a direction is void, and a person’s obligation to comply with a direction is not affected by reason of surrender, forfeiture or expiry of the mining tenement.
[Regulation 120K inserted in Gazette 24 Jun 1994 p. 2936.]
[Heading inserted in Gazette 24 Jun 1994 p. 2936.]
120L.Inspectors may issue Stop Work Orders
(1)If an inspector or a senior inspector is of the opinion that —
(a)a mining tenement holder is not complying with a provision of the Act or these regulations;
(b)a mining tenement holder is not complying with the mining tenement conditions; or
(c)an accident or unexpected event has taken place or may take place at a mine under the control of a mining tenement holder,
and as a result of that non‑compliance, or accident or event, there is, or may be, a significant adverse effect on the environment, that inspector or senior inspector may issue a Stop Work Order to the mining tenement holder.
(2)A Stop Work Order shall be issued —
(a)by delivering a copy of that Order to the person ostensibly in charge at the site of the relevant mine; or
(b)in the absence of the person referred to in paragraph (a), by posting a copy to the mining tenement holder at that mining tenement holder’s last known address.
(3)If an inspector intends to issue a Stop Work Order, that inspector must first obtain the approval of a senior inspector after explaining the nature of the effect or potential effect on the environment to that senior inspector.
[Regulation 120L inserted in Gazette 24 Jun 1994 p. 2936‑7.]
A Stop Work Order must —
(a)be in writing;
(b)specify the operation or activity and its effect or the potential effect on the environment;
(c)set out the mining operations to be stopped;
(d)specify a time and date at or before which those mining operations are to stop;
(e)show that it is issued by a senior inspector, or an inspector who has obtained the approval of a senior inspector; and
(f)indicate that a review of the decision to issue that Order, or of the terms of that Order, may be sought within 14 days of the receipt of that Order in accordance with regulation 120N.
[Regulation 120M inserted in Gazette 24 Jun 1994 p. 2937.]
120N.Review of a Stop Work Order
(1)A mining tenement holder to whom a Stop Work Order is issued, or the holder’s agent, may request a review of the decision to issue that Order, or of the terms of that Order, by delivering a request in writing within 14 days of the receipt of that Order by the mining tenement holder, to the Minister, setting out the reasons for the request.
(2)The mining tenement holder shall ensure that mining operations which are specified as being the subject of a Stop Work Order stop in accordance with the Order regardless of whether a review is requested or not.
(3)Upon receiving a request for a review of a Stop Work Order, the Minister shall obtain a report from the Director, Environment Division setting out details of the reasons given by the inspector or senior inspector for issuing the Order, together with the Director, Environment Division’s recommendations on the matter.
(4)Upon receiving the Director, Environment Division’s report, the Minister may consult with a senior mining industry representative, nominated by the Australasian Institute of Mining and Metallurgy.
(5)After receiving a report under subregulation (3) and, where appropriate, after consultation in accordance with subregulation (4), the Minister is to determine the review by —
(a)confirming the decision to issue a Stop Work Order and confirming the terms of that Stop Work Order;
(b)confirming the decision to issue a Stop Work Order but modifying the terms of that Stop Work Order; or
(c)revoking the Stop Work Order.
(6)A determination under subregulation (5) must be in writing, and sent to the mining tenement holder’s last known address within 14 days of the receipt by the Minister of the request for review.
[Regulation 120N inserted in Gazette 24 Jun 1994 p. 2937‑8; amended in Gazette 3 Feb 2006 p. 604-5.]
120O.Compliance with Stop Work Orders
(1)A mining tenement holder to whom a Stop Work Order is issued shall comply with the terms of that Order at or before the time specified in that Order.
(2)A mining tenement holder to whom a Stop Work Order is issued shall not recommence mining operations which are the subject of a Stop Work Order unless —
(a)written approval to do so has been obtained from either the Minister or a senior inspector; or
(b)a determination has been made under regulation 120N(5) allowing the mining tenement holder to do so.
(3)A mining tenement holder who does not comply with subregulation (1) or (2) commits an offence.
(4)A term of a contract or agreement that purports to exclude, restrict or modify a person’s obligation to comply with a Stop Work Order is void, and a person’s obligation to comply with an Order is not affected by reason of surrender, forfeiture or expiry of the mining tenement.
[Regulation 120O inserted in Gazette 24 Jun 1994 p. 2938.]
[Heading inserted in Gazette 13 Oct 1995 p. 4821.]
120P.Interpretation in Part VIB
In this Part —
“aerial photography” means aerial photography for the purposes of mineral exploration;
“contractor” means a person who undertakes aerial photography;
“Director” means the Director, Geological Survey.
[Regulation 120P inserted in Gazette 13 Oct 1995 p. 4821; amended in Gazette 3 Feb 2006 p. 602.]
120Q.Information to be provided as to aerial photography
(1)A contractor shall within one year of undertaking aerial photography provide the Director with the following information —
(a)a copy of the flight diagram;
(b)specifications of the aerial photography including —
(i)the date on which the aerial photography was undertaken;
(ii)the height at which the aerial photography was undertaken;
(iii)the focal length of the camera lens used for the aerial photography; and
(iv)whether the photographs taken were black and white or colour;
(c)his or her name and address;
(d)the name and address of the owner of the negatives;
(e)if the owner of the negatives is not the owner of the copyright in the negatives, the name and address of the person who is the owner of the copyright; and
(f)the name and address of the person who commissioned the aerial photography.
(2)A contractor who fails to comply with subregulation (1) commits an offence.
[Regulation 120Q inserted in Gazette 13 Oct 1995 p. 4821‑2.]
(1)The Director shall keep a register of the information provided under regulation 120Q.
(2)The register shall be kept in such form as the Director thinks fit.
(3)Subject to regulation 120S, the register shall be available for public inspection during the normal office hours of the Department.
(4)Subject to regulation 120S, a person may, upon application to the Director, obtain a copy of an entry in the register.
(5)The Director may amend, add to and correct the register in such manner as is necessary to make the register an accurate record of the information it contains.
[Regulation 120R inserted in Gazette 13 Oct 1995 p. 4822.]
120S.Confidentiality of information
(1)The Director may, at the request of an owner of negatives of aerial photography or a contractor, classify information referred to in regulation 120Q(d), (e) or (f) that relates to particular aerial photography as confidential for a period not exceeding 5 years from the date on which the aerial photography concerned was undertaken.
(2)Despite regulation 120R(3) and (4), information that is classified as confidential under subregulation (1) shall not be made available to the public during the period that it is so classified.
[Regulation 120S inserted in Gazette 13 Oct 1995 p. 4822.]
(1)Except as provided in section 135 of the Act, all civil proceedings in the warden’s court shall be commenced by plaint in the form No. 33 in the First Schedule.
(2)Fees payable in respect of such proceedings are respectively set out in the Second Schedule.
122.Lodgement, withdrawal of plaint
(1)Every plaint shall be signed by the plaintiff or his solicitor and lodged with the prescribed fees at the office of the mining registrar.
(2)A plaint shall not be withdrawn or proceedings stayed after a summons has been served without the written consent of the defendant or by leave of the warden.
On receipt of a plaint, the mining registrar shall —
(a)fix a date and time for hearing in the warden’s court being not less than 45 days from the date of lodgement, unless all parties to the action consent to an earlier hearing date;
(b)advise the plaintiff of the hearing date; and
(c)issue a summons in the form No. 34 in the First Schedule in duplicate addressed to each defendant and forward it for service to —
(i)the plaintiff;
(ii)the bailiff of the court; or
(iii)if there is no bailiff, to the local police constable or some other suitable person approved by the mining registrar for purposes of regulation 124.
[Regulation 123 amended in Gazette 17 Jan 2003 p. 114.]
The person to whom the summonses are delivered shall serve them without delay, and thereupon shall make an affidavit of service, in the form No. 35 in the First Schedule and deliver it to the mining registrar.
(1)A summons shall be served not less than 30 days before the date fixed for the hearing of the plaint.
(2)Where a summons has not been served within the prescribed time, the warden or mining registrar may, on giving notice to the plaintiff, extend the date of hearing and issue an amended summons.
[Regulation 125 amended in Gazette 17 Jan 2003 p. 114.]
When the defendant intends to dispute the claim he shall lodge at the office of the mining registrar not less than 21 days before the date fixed for the hearing or at any subsequent time prior to the hearing as the warden may allow a notice of defence in the form No. 36 in the First Schedule with the prescribed fee, and the mining registrar shall forward a copy of the notice to the plaintiff.
[Regulation 126 amended in Gazette 24 Jun 1994 p. 2938; 11 Jun 1999 p. 2545; 17 Jan 2003 p. 114.]
(1)Each party may procure the attendance of witnesses by means of a subpoena in the form No. 37 in the First Schedule.
(2)A witness who attends in answer to a subpoena shall be entitled to the allowances prescribed in the Local Court Rules 1961.
(3)A witness is not required to attend unless at the time of the service of the subpoena a reasonable sum as conduct money is tendered to him.
127A.Persons before whom affidavit may be sworn
For the purposes of section 144(e) of the Act, the offices of —
(a)Director;
(b)General Manager;
(c)Manager; and
(d)Co‑ordinator,
of the Mineral Titles Division of the Department are prescribed as offices and classes of offices, so that the occupants of those offices are persons before whom affidavits to be used in a warden’s court, or to be used before a warden or a mining registrar, may be sworn.
[Regulation 127A inserted in Gazette 24 Jun 1994 p. 2938; amended in Gazette 13 Oct 1995 p. 4822; 4 Apr 1997 p. 1779; 21 Jan 2000 p. 345.]
(1)Where the warden’s court orders costs to be paid by any party, those costs shall be in accordance with the costs allowed under the Local Court Rules 1961.
(2)Where there is no money demanded, the warden’s court shall determine under which scale the costs are to be awarded.
(3)In any special case where, by reason of the amount involved, or the importance of the matters in issue, or of the complexity of the law, of the issues or of the facts or for some other special reason, the warden considers that the allowance under the Local Court Rules 1961 is inadequate in that regard, the warden may, upon application at the trial (to which the party against whom the order is sought is entitled to be heard in reply) fix —
(i)a special counsel fee, on brief, not exceeding $500.00; and
(ii)where applicable a refresher fee commensurate with the counsel fee, on brief.
(1)When the decision of any plaint has been delivered by the warden’s court, a judgment in the form No. 38 in the First Schedule may be signed by the warden or mining registrar and filed in the court.
(2)A copy of the judgment shall, on payment of the prescribed fee, be delivered to any person applying for it.
(1)Where the plaintiff or defendant has made default in the payment of any sum of money ordered by the warden’s court to be paid by him, the party to whom such sum is payable may, on application to the mining registrar, and on payment of the prescribed fee, obtain a warrant of execution against any property of the party making such default.
(2)The warrant shall be in the form No. 39 in the First Schedule.
(3)The warrant may remain in force for a period of 12 calendar months.
(4)Application for renewal of the warrant shall be made to the warden or mining registrar in writing, supported by a statutory declaration as to default having been made in payment of the sum awarded, or any portion thereof.
131.Warrant for recovery of possession
A warrant for recovery of possession pursuant to section 141 of the Act shall be in the form No. 40 in the First Schedule.
On seizure of any mining tenement or interest therein, under a writ of fi. fa. or a warrant issued out of the warden’s court or any other court, notice thereof in the form No. 41 in the First Schedule shall be given to the mining registrar with the prescribed fee, and a copy of the writ of fi. fa. or warrant shall be attached to the notice.
133.Sale under warrant of execution
(1)Notice of sale and of the intended place and day of sale under a warrant of execution issued out of the warden’s court shall be given at least 7 days before the day of sale by —
(a)affixing a notice conspicuously at or near the place where the sale is to take place;
(b)posting a copy of the notice on the notice board at the office of the mining registrar; and
(c)advertising particulars of the sale in a newspaper circulating in the district wherein the warden’s court is situated.
(2)The sale shall be conducted publicly and everything shall be sold for ready money to the highest bidder.
Upon sale under a warrant of execution the officer executing such warrant shall sign a transfer in the form No. 23 in the First Schedule to the purchaser of the mining tenement or interest therein sold under the warrant.
An appeal pursuant to section 147 of the Act shall be made in the form No. 42 in the First Schedule.
An order of the warden’s court for an injunction shall be in the form No. 43 in the First Schedule.
Schedule of Forms
Form
1. Miner’s Right.
1A.Application for Permit under section 20A.
2. Application for Permit to Enter upon Private Land.
3. Permit to Enter upon Private Land.
3A. Claim for compensation and consent for an informal determination by the warden.
4. Instrument of Licence — Prospecting Licence.
5. Operations Report — Expenditure on Mining Tenement.
6. Instrument of Licence — Exploration Licence.
7. Instrument of Licence — Retention Licence.
8. Instrument of Lease — Mining Lease.
9. Application for extension of term/renewal of a mining tenement.
10. Instrument of Lease — General Purpose Lease.
11. Instrument of Licence — Miscellaneous Licence.
12. Surrender.
13. Notice of Re‑Marking.
14. Partial Surrender.
15. Application for Forfeiture.
16. Objection.
17. Application for restoration.
18. Application for Exemption.
19. Certificate of Exemption.
20. Notice of Marking Out.
21. Application for Mining Tenement.
22. Withdrawal.
23. Transfer.
24. Caveat.
24A. Withdrawal of Caveat.
25. Mortgage.
26. Discharge of Mortgage.
27. Monthly Mineral (Excluding Gold) Production Report.
27A. Monthly Gold Production Report.
28. Devolution.
29. Application for Copy Document.
30. Application to Amend.
31. Power of Attorney.
Form
32. Security.
33. Plaint.
34. Summons.
35. Affidavit of Service.
36. Notice of Defence.
37. Subpoena for Witness.
38. Judgment/Order of Warden’s Court.
39. Warrant of Execution.
40. Warrant for Recovery of Possession.
41. Notice of Seizure.
42. Notice of Appeal under section 147.
43. Injunction.
44. Report of Approved Surveyor.
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Form No. 1 Western Australia Mining Act 1978 (Sec. 20 Reg. 3)
MINER’S RIGHT
NOT TRANSFERABLE Issued to.................................................................. (Name in full) under the provisions of the Mining Act 1978.
Place of Issue ...................................
Date of Issue ..................................... ............................................................... Signature of Issuing Officer
(note reverse) |
Reverse of form NOTE:This miner’s right is issued under section 20 of the Mining Act 1978. It is your responsibility to ascertain your rights and obligations under that section. Information in respect of those rights and obligations may be obtained from any office of the Department of Mines 4. |
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MINER’S RIGHT
To whom Issued ......................................... .....................................................................
By whom Issued ......................................... .....................................................................
Place of Issue ..............................................
Date of Issue ............................................... |
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WESTERN AUSTRALIA Mining Act 1978 (Sec. 20A Reg. 4D) |
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APPLICATION FOR PERMIT UNDER SECTION 20ANo. To:The Mining Registrar/Customer Service Coordinator, Mineral Titles Division
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(a)Full name, address, telephone number and Miner’s Right number of applicant(s) (maximum of 3 applicants) |
(a)Applicant 1 Name: ...................................................................... Address: .................................................................. ................................................................................. Telephone No.: ....................................................... Miner’s Right No.: ................................................. Applicant 2 Name: ...................................................................... Address: .................................................................. ................................................................................. Telephone No.: ....................................................... Miner’s Right No.: ................................................. Applicant 3 Name: ...................................................................... Address: .................................................................. ................................................................................. Telephone No.: ....................................................... Miner’s Right No.: .................................................
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(b)Number of relevant exploration licence |
(b)Exploration Licence No. ......................................... |
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(c)Area of Crown land in respect of which permit sought (maximum of 10 blocks) |
(c) |
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(d)Full name and address of holder of relevant exploration licence |
(d) |
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(e)Make, model and registration number of vehicle(s) to be used |
(e) |
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DATED this day of 20 |
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(f)Signature of applicant(s) |
(f)................................................................................ Applicant 1 ................................................................................ Applicant 2 ................................................................................ Applicant 3 |
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O F F I C E
U S E |
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Received at ................................m.
on ..................................................
with fee of $...................................
........................................................ (Mining Registrar/Customer Service Coordinator, Mineral Titles Division) |
Receipt No: |
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WESTERN AUSTRALIA Mining Act 1978 (Sec. 30 Reg. 5) |
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APPLICATION FOR PERMIT TO ENTER UPON PRIVATE LANDNo. To:The Warden, |
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(a)Mineral Field |
(a)Mineral Field The undersigned hereby makes application for a permit to enter upon |
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(b)Set out particulars of the land, location or Lot numbers, etc. to be stated |
(b) |
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* Map to be attached, as delineated on the *attached map, for the purpose of |
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(c)State whether the application is for the purpose of searching for minerals or to mark out a mining tenement and the type of such tenement |
(c) |
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(d)Full name and address of applicant |
(d) |
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DATED this day of 20 . |
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(e)Signature of applicant |
(e) ............................................................................................. |
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O F F I C E
U S E |
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Received at ................................m.
on ..................................................
with fee of $...................................
........................................................ (Mining Registrar) |
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WESTERN AUSTRALIA Mining Act 1978 (Sec. 30 Reg. 6) |
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PERMIT TO ENTER UPON PRIVATE LAND
No.
Pursuant to the provisions of the Mining Act 1978. |
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(a)Full name and address of permit holder |
(a)
the holder of this permit or his duly authorised agent is hereby authorised to enter upon |
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(b)Set out particulars of the land |
(b)
subject to — |
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(c)Conditions, if any |
(c)
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This permit EXPIRES on the day of 20 but if the holder of the permit marks out and applies for a mining tenement of any part of the land described in paragraph (b), the permit is deemed to continue in force for the purpose only of repairing or maintaining the marks so set up and the notices posted thereon, until such time as the application for the mining tenement is determined.
DATED at this day of 20 .
........................................................Warden
........................................................Mineral Field
The holder of a permit under section 30 of the Mining Act 1978, or his duly authorised agent is authorised during the currency of the permit —
(a)to enter upon and remain on the surface of the private land to which the permit relates;
(b)to search thereon for any mineral and detach one or more samples of any vein or lode outcropping on the surface thereof not exceeding in the aggregate 13 kilograms and to take therefrom such other samples as may be agreed by the owner or, where the owner is not in occupation of the private land, the occupier of the private land; and
(c)to remove from the private land such samples for the purpose of assaying or testing the value thereof, and to mark out a mining tenement with respect to that land or any part thereof,
but the holder or his duly authorised agent shall not carry out any other mining operations on or otherwise disturb the surface of the land.
The holder of a permit is liable to pay compensation for any loss or damage arising from any entry upon the land effected in pursuance of this permit.
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Form 3AWESTERN AUSTRALIA Mining Act 1978 (Sec. 123(3)(a), Reg. 10A) |
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CLAIM FOR COMPENSATION AND CONSENT FOR AN INFORMAL DETERMINATION BY THE WARDEN No. |
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(a)State whether pastoral lease, Crown grant or other designation (b)Number of lease lot, reserve etc. (c)Name of property (if applicable) |
Details of land affected (a)(b)
(c)
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(d)Full name and address of owner of land (e)Full name and address of occupier (if applicable) |
Owner and Occupier (d)
(e) |
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(f)Brief details of loss or damage claimed |
(f)
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(g)Here state owner, or owner and occupier, or occupier (as applicable) (h)Full name of person liable for compensation (i)Full address of person liable for compensation |
WE, the undersigned, being the (g)
of the land referred to above and (h)
of (i) acknowledge that the claimant is entitled to compensation for loss or damages resulting from mining and that an agreement as to the amount of such compensation has not been reached. The parties herein therefore consent to a determination of the amount of compensation being made by the warden in accordance with section 123(3)(a) |
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(j)Signature of owner of land (k)Signature of occupier of land (l)Signature of person liable for compensation |
(j) ......................................
(k) .....................................
(l) ...................................... |
Received at ............................. .............................................on .............................................
............................................. (Mining Registrar) |
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(NOTE: The owner or occupier of the land will be required to produce proof of ownership or right of occupancy of the land, either by producing the title, a recent title search, or the document/s under which his rights are confirmed.)
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Form 4 Instrument of Licence |
WESTERN AUSTRALIA Mining Act 1978 (Sec. 116 Reg. 13) |
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PROSPECTING LICENCE No. |
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(a)Name and address of holder and number of shares |
(a)
is/are subject to the provisions of the Mining Act 1978 and to the conditions stated in the Schedule hereunder, authorised in accordance with section 48 of the Act to prospect the land the subject of this licence situated at |
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(b)Locality |
(b)in the |
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(c)Mineral Field |
(c)Mineral Field containing approximately |
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(d)Area |
(d)hectares for a term of 4 years commencing on the date of grant of the licence. |
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(e)Date Licence granted |
(e) |
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(f)Shire |
(f) |
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(g)Plan |
(g) |
........................................
Mining Registrar
NOTE
In addition to any specific conditions that are endorsed on this instrument, the holder in exercising the rights granted herein must first ensure that the necessary consents and permission have been obtained and compensation has been agreed to or determined in respect to certain Crown land, Public Reserves, etc., private land and where the lawful rights of other land users are concerned.
For schedule of endorsements/conditions see reverse of form.
Reverse of form
Schedule of Endorsement/Conditions:
Form 5WESTERN AUSTRALIAPage 1
Mining Act 1978
(Secs. 51, 68, 70H, 82 and 115A)
(Regs. 16, 22, 23E, 32, 96B and 96C)
OPERATIONS REPORT – EXPENDITURE ON MINING TENEMENT
(To be completed in accordance with instructions on pages 3 and 4.)
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Annual: |
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Final: |
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Tenement Type: |
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Number: |
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Reporting Period: |
From: |
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To: |
/ / |
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MINERAL‑EXPLORATION AND/OR MINING ACTIVITIES |
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Itemise activities and expenditure on Attachment 1 |
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A.MINERAL‑EXPLORATION ACTIVITIES: |
$ |
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B.MINING ACTIVITIES: |
$ |
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Evidence of lodgement to be provided |
C.ABORIGINAL HERITAGE SURVEYS: |
$ |
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Copy to be lodged with the Registrar of Aboriginal Sites. |
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D.ANNUAL TENEMENT RENT AND RATES: |
$ |
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E.ADMINISTRATION/OVERHEADS: |
$ |
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F.(OTHER) LAND ACCESS/NATIVE TITLE COSTS: Jointly not to exceed 20% of the minimum commitment or expenditure on the activities shown above, whichever is the greater (see page 4 for instructions). |
$ |
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$ |
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TOTAL EXPENDITURE: |
$ |
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N.B. Full details and results of mineral‑exploration activities must be submitted in the annual mineral‑exploration report in accordance with section 115A of the Act and the guidelines published under regulation 96B. |
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OR
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Itemise activities and expenditure on Attachment 2 |
PROSPECTING AND/OR SMALL SCALE MINING ACTIVITIES |
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TOTAL EXPENDITURE: |
$ |
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(A to E ON ATTACHMENT 2) |
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A copy of this page of the Operations Report and Attachment 1 titled “Summary of Mineral‑Exploration and/or Mining Activities” or Attachment 2 titled “Summary of Prospecting and/or Small Scale Mining Activities” may be obtained by any person on the payment of the prescribed fee in accordance with regulation 96(3). |
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Page 2
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Full name and address of holder/s. |
NAME: |
.......................................................................................................................................................... .......................................................................................................................................................... .......................................................................................................................................................... |
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ADDRESS: |
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Full name and address of operator/ manager (if mining tenement under option or joint venture). |
NAME: |
.......................................................................................................................................................... |
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ADDRESS: |
.......................................................................................................................................................... |
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.......................................................................................................................................................... |
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List here details of the related annual mineral‑ exploration report. |
Mineral‑Exploration report (for single tenement) |
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Title: |
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Combined Mineral‑Exploration report (for group of 2 or more tenements) |
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Title: |
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Combined reporting number for tenement group: |
C / |
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Combined reporting date for group: |
/ / |
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I certify that the information on pages 1 and 2 and in Attachment 1 “Summary of Mineral‑Exploration and/or Mining Activities” or Attachment 2 “Summary of Prospecting and/or Small Scale Mining Activities” constitutes a true statement of the operations carried out and monies expended on this mining tenement during the reporting period specified. |
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Signature of |
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Date: |
/ / |
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(Tick appropriate box and show expenditure. If more than one commodity sought, tick appropriate boxes and allocate expenditure for each one). |
MINERAL COMMODITY SOUGHT ON TENEMENT |
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Gold |
$ |
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Diamond |
$ |
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Iron ore |
$ |
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Mineral Sands |
$ |
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Nickel/Cobalt |
$ |
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Other (specify) |
$ |
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Copper/Lead/ Zinc/Silver |
$ |
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
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This page is not to be copied in conjunction with regulation 96(3). |
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Note: ATTACHMENT 1 — SUMMARY OF MINERAL‑EXPLORATION AND/OR MINING ACTIVITIES |
OR |
ATTACHMENT 2 — SUMMARY OF PROSPECTING AND/OR SMALL SCALE MINING ACTIVITIES |
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HEAD OFFICE USE |
This operations report received |
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(A)The attachments to the Form 5 are to provide a summary of the activities carried out and the cost of each activity. For Attachment 1 you may either use the pro‑forma sheet or a separate sheet with the suggested headings as shown under 4(A) and (B) in the instructions. For Attachment 2 the pro‑forma sheet available from the Department must be used. (B)A copy of Attachment 1 or 2 will be provided together with a copy of the front page of the Form 5 to any person on payment of the prescribed fee. |
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Page 3
INSTRUCTIONS FOR THE COMPLETION OF FORM 5
1.The Form 5 “Operations Report” and mineral exploration report are required to be lodged annually for each mining tenement within sixty (60) days from the anniversary or surrender date of the mining tenement (or such further period as may be approved by the Minister prior to the expiry of that period).
These reports should be lodged with —
The Director General, Department of Minerals and Energy 4, 100 Plain Street, East Perth, WA 6004.
N.B. A mineral exploration report is not required if the general prospecting activities detailed in Attachment 2 are the only activities carried out.
2.The Form 5 and attachments must show expenditure incurred on the activities undertaken during the annual period of the mining tenement or the period up to surrender and may be varied according to the type of activities undertaken —
(a)for mineral‑exploration and/or mining activities (see 3 below); and/or
(b)for general prospecting and/or small scale mining activities (see 4 below).
3.For mineral‑exploration and/or mining activities, the format of the Form 5 consists of the 2 pages (as shown on this form) plus Attachment 1 to provide details of the cost and description for each activity (see A and B below for examples of the activities to be shown). The full cost of Aboriginal heritage surveys is allowed (see C below). Administration/overheads/land access/native title costs are not to exceed 20% of the minimum expenditure commitment, or the total of expenditure incurred on activities, whichever is the greater (see D and E below for the costs that can be claimed). Full details and results of mineral‑exploration activities are required to be submitted in a mineral‑exploration report (see 6 to 8 below).
4.For all other general prospecting activities (i.e. non‑geoscientific activities such as metal‑detecting, loaming, panning, dollying, dry‑blowing, trenching, plant and equipment hire, own labour costs) the format of the Form 5 consists of the 2 pages (as shown on this form) plus Attachment 2 to provide details of prospecting and/or small scale mining activities.
A.MINERAL EXPLORATION ACTIVITIES
Geological activities: geological mapping, sampling, drilling supervision, core logging, non‑core drill‑sample logging, geological data processing and interpretation, petrology, planning of exploration programs, report preparation; where appropriate, general prospecting can be added here.
Geochemical activities: geochemical sampling, analysis of surface geochemical samples or subsurface drilling samples, geochemical data processing and interpretation. ALSO show number of samples collected.
Geophysical activities (surface/subsurface): ground geophysical surveys, downhole logging, geophysical data processing and interpretation.
Airborne geophysical activities: aerial survey costs, geophysical data processing and interpretation.
Remote sensing activities: aerial photography, remote sensing images, photo interpretation, image processing and interpretation.
Mineralogical activities (exploration for diamonds, heavy mineral sands, etc.): bulk sampling, mineral separation, mineralogy and analysis of diamond indicator minerals or other minerals.
Surveying activities: gridding, line clearing, grid tie‑in, tenement boundaries, etc.
Core drilling: diamond drilling costs (including pre‑collar open‑hole non‑core drilling), access road and drill‑site preparation; ALSO show metres drilled and number of holes completed.
Non‑core drilling: drilling costs, access road preparation; ALSO show metres drilled and number of holes completed. Costs for deep geochemical sampling by auger or air‑core drilling can also be shown here.
(N.B. Specify drilling for groundwater supply.)
Costeaning: plant and equipment hire for trenching and bulk sampling.
Field supplies: exploration equipment, consumables and supplies, plant and equipment hire, fuel, oil, etc., depreciation of direct exploration equipment, wages for non‑professional field personnel.
Drafting activities: drafting equipment, consumables and supplies, salaries for drafting personnel.
Travel: travel costs directly associated with mineral exploration activities conducted on the tenement.
Field camp activities: establishment and maintenance of exploration base camps, food and accommodation, vehicle costs, contractor helicopter support.
Environmental: environmental studies.
Feasibility study activities:
Rehabilitation activities:
B.MINING ACTIVITIES (DEVELOPMENT AND PRODUCTION)
Mine planning, open‑cut mining, underground mining, shaft sinking, decline construction, underground drilling, pre‑blast bench drilling, ore treatment, construction and maintenance of ore stockpiles, waste dumps, tailings dams and dumps, etc. ALSO show tonnes mined or treated. Any costs associated with care and maintenance on an idle mining operation can also be shown here.
C.ABORIGINAL HERITAGE SURVEYS
A copy of any survey undertaken to be lodged with the Registrar, Aboriginal Sites, Aboriginal Affairs Department 5 as soon as practicable, where the cost of conducting it is claimed for expenditure purposes. Evidence of lodgement of the survey must be provided to the Department of Minerals and Energy 4.
Page 4
D.ANNUAL TENEMENT RENT AND RATES
Rental and local government rates, paid in connection with the mining tenement each year.
E.ADMINISTRATION AND OVERHEADS
All non‑field activities such as head office costs, accounting, mining tenement management, administration, research, literature studies, training, etc.
F.LAND ACCESS/NATIVE TITLE
All other native title and land access costs including private land access costs but excluding payments for compensation.
N.B. The amount allowed under E and F not to exceed 20% of the minimum expenditure commitment or the total expenditure incurred on activities, whichever is the greater.
NON‑ALLOWABLE EXPENDITURE
5.This includes the following —
(a)cost of marking‑out of mining tenements;
(b)acquisition costs of tenements and associated expenses;
(c)research activities not directly related to a specific tenement; and
(d)compensation payments.
MINERAL EXPLORATION REPORTS
6.The date for lodging a combined mineral‑exploration report, on a group of 2 or more mining tenements, can be varied to a common reporting date, if prior written approval has been obtained from the Director of the Geological Survey in accordance with section 115A(4) of the Act and the guidelines.
7.The format and contents of all mineral‑exploration reports must be to the satisfaction of the Minister in accordance with the guidelines.
8.All data in mineral‑exploration reports will be kept confidential by the Department and may be available for release in accordance with regulation 96.
COPYRIGHT
9.Each mineral‑exploration report must show that written authorisation has been provided by the tenement holder(s), or any other person who is the owner of copyright for any data contained in the report, to allow the Minister to release all information in the report in accordance with regulation 96.
EXEMPTION FROM EXPENDITURE CONDITIONS
10.A tenement holder or an authorised agent can apply for an exemption from expenditure on a mining tenement in accordance with section 102 of the Act. Such application should be lodged with the Mining Registrar.
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ATTACHMENT 1 |
SUMMARY OF MINERAL EXPLORATION AND/OR MINING ACTIVITIES
(Complete in accordance with instructions on pages 3 and 4.)
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Itemise as appropriate.
Use a separate sheet if necessary. |
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Tenement Type: |
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Number: |
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Reporting Period: From: |
/ / |
To: |
/ / |
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A.Mineral‑Exploration Activities
B.Mining Activities (Development and Production)
C.Aboriginal Heritage Surveys
D.Annual Tenement Rent and Rates
E.Administration and Overheads
F.Land Access/Native Title
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TOTAL EXPENDITURE |
$ |
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A copy of this page can be obtained by any person on the payment of the prescribed fee in accordance with regulation 96(3). |
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SUMMARY OF PROSPECTING AND/OR SMALL SCALE MINING ACTIVITIES
(Complete in accordance with instructions on pages 3 and 4)
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Tenement Type: |
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Tenement No: |
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Reporting Period: From: |
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To: |
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A.General Prospecting Activities Metal Detecting: |
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No. of days worked |
at $ |
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$ |
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Loaming, panning, sampling, dollying, dry‑blowing: |
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No. of days worked |
at $ |
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$ |
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Costeaning/trenching: |
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No. excavated |
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No. of days |
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$ |
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Other activities (specify): |
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No. of days worked |
at $ |
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$ |
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No. of days worked |
at $ |
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$ |
|
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|
|
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|
|
No. of days worked |
at $ |
|
$ |
|
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|
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Plant and equipment hire: |
$ |
|
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Fuel, oils, etc.: |
$ |
|
|||||||||||||||||
|
|
|||||||||||||||||||
|
Field supplies (food consumables, etc.): |
$ |
|
|||||||||||||||||
|
|
|||||||||||||||||||
|
SUBTOTAL (A) |
$ |
|
|||||||||||||||||
|
|
|||||||||||||||||||
|
AND/OR |
|||||||||||||||||||
|
B.Small Scale Mining Activities Construction: |
|||||||||||||||||||
|
No. of days worked |
at $ |
|
$ |
|
|||||||||||||||
|
Development: |
|||||||||||||||||||
|
No. of days worked |
at $ |
|
$ |
|
|||||||||||||||
|
|
|||||||||||||||||||
|
Construction materials: |
$ |
|
|||||||||||||||||
|
|
|||||||||||||||||||
|
Plant and equipment hire: |
$ |
|
|||||||||||||||||
|
|
|||||||||||||||||||
|
Fuel, oils, etc.: |
$ |
|
|||||||||||||||||
|
|
|||||||||||||||||||
|
Field supplies (food consumables, etc.): |
$ |
|
|||||||||||||||||
|
|
|||||||||||||||||||
|
Tonnes of ore/rock/dirt mined or treated: |
|
|
|||||||||||||||||
|
|
|||||||||||||||||||
|
SUBTOTAL (B) |
$ |
|
|||||||||||||||||
|
|
|||||||||||||||||||
|
|
|||||||||||||||||||
|
|
|||||||||||||||||||
|
Aboriginal Heritage Surveys: |
SUBTOTAL (C) |
$ |
|
||||||||||||||||
|
(a copy must be lodged with the Registrar of Aboriginal Sites) |
|
|
|
||||||||||||||||
|
|
|||||||||||||||||||
|
|
|||||||||||||||||||
|
Annual Tenement Rent and Rates: |
SUBTOTAL (D) |
$ |
|
||||||||||||||||
|
|
|
|
|
||||||||||||||||
|
|
|||||||||||||||||||
|
|
|||||||||||||||||||
|
Administration/Overheads/Native Title: |
SUBTOTAL (E) |
$ |
|
||||||||||||||||
|
(not to exceed 20% of the minimum expenditure commitment or total expenditure on the activities shown at subheadings (A) & (B), whichever is greater) |
|
|
|
||||||||||||||||
|
|
|||||||||||||||||||
|
|
|||||||||||||||||||
|
TOTAL EXPENDITURE (add SUBTOTALS A to E) |
$ |
|
|||||||||||||||||
|
|
|||||||||||||||||||
|
A copy of this page can be obtained by any person on the payment of the prescribed fee in accordance with regulation 96(3). |
|||||||||||||||||||
|
Form 6 Instrument of Licence |
WESTERN AUSTRALIA Mining Act 1978 (Sec. 116 Reg. 19) |
||||||||||||||||||
|
|
EXPLORATION LICENCE
No. |
||||||||||||||||||
|
(a)Name and address of holder and number of shares |
(a)
is/are authorised in accordance with section 66 of the Act to explore the land the subject of this licence situated at |
||||||||||||||||||
|
(b)Locality |
(b)in the |
||||||||||||||||||
|
(c)Mineral Field |
(c)Mineral Field |
||||||||||||||||||
|
(d)Number of Blocks |
containing (d)as described in the First Schedule for a term of 5 years commencing on the date of grant of the licence. |
||||||||||||||||||
|
(e)Date Licence granted |
(e) |
||||||||||||||||||
|
(f)Shire |
(f) subject to the provisions of the Mining Act 1978 and to the conditions/endorsements as set out in the Second Schedule.
........................................................... Mining Registrar
NOTE
In addition to any specific conditions that are endorsed on this instrument, the holder in exercising the rights granted herein must first ensure that the necessary consents and permission have been obtained and compensation has been agreed to or determined in respect to certain Crown land, Public Reserves, etc., private land and where the lawful rights of other land users is concerned. For Schedules see attached. |
||||||||||||||||||
|
Form 7 Instrument of Licence |
WESTERN AUSTRALIA Mining Act 1978 (Sec. 116 Reg. 23D)
RETENTION LICENCE
No. |
|
(a)Name and address of holder and number of shares
|
(a)
is/are, authorised in accordance with section 70J of the Mining Act 1978 to further explore the land which is the subject of this licence situated at |
|
(b)Locality |
(b)in the |
|
(c)Mineral Field |
(c)Mineral Field containing approximately |
|
(d) Area |
(d)hectares for a term of years commencing on the date of the grant of the licence. |
|
(e)Date Licence Granted |
(e) |
|
(f)Shire |
(f)
subject to the provisions of the Mining Act 1978 and the conditions/endorsements as set out on the reverse of this Form.
.............................................................. Mining Registrar |
NOTE
In addition to any specific conditions that are endorsed on this instrument, the holder in exercising the rights granted by this Licence must first ensure that the necessary consents and permission have been obtained and compensation has been agreed to or determined in respect to certain Crown Land, Public Reserves, private land, etc., and where the lawful rights of other land users is concerned or affected.
________
(Reverse of Form)
Schedule of Endorsements/Conditions/Description of
Granted Area
Form 8 WESTERN AUSTRALIA
Instrument of Lease Mining Act 1978
(Sec. 116 Reg. 26)
MINING LEASE No.
The Minister a corporation sole established by the Mining Act 1978 in consideration of the rents hereinafter reserved and of the covenants on the part of the Lessee described in the First Schedule to this lease and of the conditions hereinafter contained and pursuant to the Mining Act 1978 hereby leases to the Lessee the land more particularly delineated and described in the Second Schedule to this lease subject however to the exceptions and reservations if any set out in the Third Schedule to this lease and to any other exceptions and reservations which are by the Mining Act 1978 and by any Act for the time being in force deemed to be contained herein to hold to the Lessee in the shares set out in the First Schedule to this lease for a term of 21 years commencing on the date set out in the Fourth Schedule to this lease upon and subject to such of the provisions of the Mining Act 1978 as are applicable to mining leases granted thereunder and to the covenants and conditions hereinafter contained or implied herein the Lessee paying therefor the rents and royalties for the time being and from time to time respectively prescribed pursuant to the provisions of the Mining Act 1978 at the times and in the manner so prescribed.
AND it is hereby agreed and declared that unless the Lessee shall at all times duly and punctually perform and observe the covenants and conditions hereinafter contained or implied herein this lease shall be liable to forfeiture and may be forfeited by the Minister pursuant to the powers in that behalf conferred by the Mining Act 1978 provided that the Minister may as he thinks fit impose on the Lessee a penalty as an alternative to forfeiture of this lease. The covenants and conditions hereinbefore referred to are that the Lessee shall —
1. pay the rents and royalties due under this lease at the prescribed time and in the prescribed manner
2. use the land in respect of which this lease is granted only for mining purposes in accordance with the Mining Act 1978
3. comply with the prescribed expenditure conditions applicable to such land unless partial or total exemption therefrom is granted in such manner as is prescribed
4. not assign, underlet or part with possession of such land or any part thereof without the prior written consent of the Minister, or of an officer of the Department acting with the authority of the Minister
5. lodge with the Department at Perth such periodical reports and returns as may be prescribed
6. promptly report in writing to the Minister details of all minerals of economic significance discovered in, on or under the land the subject of this lease
7. duly and punctually observe and perform all other provisions of the Mining Act 1978 and of any other Act for the time being in force applicable or relating to the Lessee or this lease or the land the subject of this lease
8. if any mineral is specified in the Fifth Schedule to this lease, be authorised by this lease to mine on or under or both and remove from the land the subject of this lease only the mineral so specified
9. duly and punctually perform and observe the further conditions or stipulations if any set out in the Sixth Schedule to this lease as well as any condition which may hereafter be imposed by the Minister pursuant to section 84 of the Mining Act 1978
10. cause all holes, pits, trenches and other disturbances to the surface of the land and subject of this lease made whilst mining and which in the opinion of an environmental officer are likely to endanger the safety of any person or animal to be filled in or otherwise made safe to the satisfaction of the environmental officer.
In this lease: “Lessee” includes the executors administrators and permitted assigns of the Lessee or if the Lessee be more than one of the respective executors administrators and permitted assigns of each Lessee or in the case of a Lessee which is a corporation the successors and permitted assigns of that Lessee.
If the Lessee be more than one the liability of the Lessee hereunder shall be joint and several.
Reference to an Act includes all amendments to that Act and to any Act passed in substitution therefor or in lieu thereof and to the regulations and by‑laws for the time being in force thereunder.
FIRST SCHEDULE
(The name address and description of the Lessee and the shares in which the lease is held.)
SECOND SCHEDULE
(Description of Land:)
Locality:
Mineral Field: Area, etc.:
Being the land delineated on Survey Diagram No. and
recorded in the Department of Mines 4, Perth.
THIRD SCHEDULE
All petroleum as defined in the Petroleum Act 1967 on or below the surface of the land the subject of this lease is reserved to the Crown in right of the State of Western Australia with the right of the Crown in right of the State of Western Australia and any person lawfully claiming thereunder or otherwise authorised to do so to have access to the land the subject of this lease for the purpose of searching for and for the operations of obtaining petroleum (as so defined) in any part of the land.
FOURTH SCHEDULE
Date of Commencement of the lease.
FIFTH SCHEDULE
If applicable minerals to be specified.
SIXTH SCHEDULE
Any further endorsements/conditions or stipulations.
NOTE
In addition to any specific conditions that are endorsed on this instrument, the holder in exercising the rights granted herein must first ensure that the necessary consents and permission have been obtained and compensation has been agreed to or determined in respect to certain Crown Land, Public Reserves, etc., private land and where the lawful rights of other land users are concerned.
IN witness whereof the Minister has affixed his seal
and set his hand hereto
this ......................... day of ......................20...............
MINISTER
[Form 8 amended in Gazette 3 Feb 2006 p. 602.]
|
Form 9WESTERN AUSTRALIA Mining Act 1978 (Secs. 45, 61, 70E, 78, 88, 91A, 91B) (Regs. 16B, 23A, 23F, 29, 36A, 42A) |
|
|
|
APPLICATION FOR EXTENSION OF TERM/RENEWAL OF A MINING TENEMENT No. |
|
(a)Type of Tenement
(b)Number
(c)Mineral field
(d)Expiry date |
Details of mining tenement
(a)(b)
(c)
(d) |
|
|
|
|
(e)Full name and address of holder(s)
|
Holder
(e)
|
|
(f)Signature of holder or agent |
THE HOLDER of the abovementioned mining tenement hereby applies for extension/renewal thereof for a further period of years. DATED THIS day of 20 Signed (f) .................................................................................................... |
|
O F F I C E
U S E |
|
Received at ....................................m. on ........................................................ together with rent of $ for the year ending ....../....../......
............................................................. (Mining Registrar) |
|
NOTES: 1. This application is to be accompanied by the lease instrument or licence document, as applicable.
2. Reporting obligations under the regulations must be complied with to enable consideration of this application.
3.If this application is for an extension of a prospecting licence or an exploration licence, or a renewal of a retention licence, any information or other material required by regulation 16B(1)(c)(iii), 23A(1)(c)(iii) or 23F(1)(b)(i) (whichever applies) must be attached.
[Form 9 amended in Gazette 3 Feb 2006 p. 602.]
Form 10 WESTERN AUSTRALIA
INSTRUMENT OF LEASE Mining Act 1978
(Sec. 116 Reg. 35)
GENERAL PURPOSE LEASE No.
The Minister a corporation sole established by the Mining Act 1978 in consideration of the rents hereinafter reserved and of the covenants on the part of the Lessee described in the First Schedule to this lease and of the conditions hereinafter contained and pursuant to the Mining Act 1978 hereby leases to the Lessee for the purpose set out in the Second Schedule to this lease the land more particularly delineated and described in the Third Schedule to this lease subject however to the exceptions and reservations if any set out in the Fourth Schedule to this lease and to any other exceptions and reservations which are by the Mining Act 1978 and by any Act for the time being in force deemed to be contained herein to hold to the Lessee in the shares set out in the First Schedule to this lease for a term specified in the Fifth Schedule to this lease and commencing on the date set out in the Sixth Schedule to this lease upon and subject to such of the provisions of the Mining Act 1978 as are applicable to general purpose leases granted thereunder and to the covenants and conditions hereinafter contained or implied herein the Lessee paying therefor the rents and royalties for the time being and from time to time respectively prescribed pursuant to the provisions of the Mining Act 1978 at the times and in the manner so prescribed.
AND it is hereby agreed and declared that unless the Lessee shall at all times duly and punctually perform and observe the covenants and conditions hereinafter contained or implied herein this lease shall be liable to forfeiture and may be forfeited by the Minister pursuant to the powers in that behalf conferred by the Mining Act 1978. The covenants and conditions hereinbefore referred to are that the Lessee shall —
1. pay the rents due under this lease at the prescribed time and in the prescribed manner
2. use the land in respect of which this lease is granted solely for the purpose set out in the Second Schedule to this lease
3. not assign, underlet or part with possession of such land or any part thereof without the prior written consent of the Minister, or of an officer of the Department acting with the authority of the Minister
4. lodge with the Department at Perth such periodical reports as are approved by the Director General of Mines as being required in respect of a general purpose lease
5. promptly report in writing to the Minister details of all minerals of economic significance discovered in, on or under the land the subject of this lease
6. duly and punctually observe and perform all other provisions of the Mining Act 1978 and of any other Act for the time being in force applicable or relating to the Lessee or this lease or the land the subject of this lease
7. duly and punctually perform and observe the further conditions or stipulations if any set out in the Seventh Schedule to this lease as well as any condition which may hereafter be imposed by the Minister pursuant to section 84 of the Mining Act 1978.
In this lease: “Lessee” includes the executors administrators and permitted assigns of the Lessee or if the Lessee be more than one the respective executors administrators and permitted assigns of each Lessee or in the case of a Lessee which is a corporation the successors and permitted assigns of that Lessee.
If the Lessee be more than one the liability of the Lessee hereunder shall be joint and several.
Reference to an Act includes all amendments to that Act and to any Act passed in substitution therefor or in lieu thereof and to the regulations and by‑laws for the time being in force thereunder.
FIRST SCHEDULE
(The name address and description of the Lessee and the shares in which the lease is held.)
SECOND SCHEDULE
(Here set out such of the purposes referred to in section 87(1) of the Mining Act 1978 as this lease is to be granted for.)
THIRD SCHEDULE
(Description of Land:)
Locality:
Mineral Field: Area, etc.:
Being the land delineated on Survey Diagram No. and
recorded in the Department of Mines 4, Perth.
FOURTH SCHEDULE
All petroleum as defined in the Petroleum Act 1967 on or below the surface of the land the subject of this lease is reserved to the Crown in right of the State of Western Australia with the right of the Crown in right of the State of Western Australia and any person lawfully claiming thereunder or otherwise authorised to do so to have access to the land the subject of this lease for the purpose of searching for and for the operations of obtaining petroleum (as so defined) in any part of the land.
FIFTH SCHEDULE
The term of the lease is
SIXTH SCHEDULE
Date of commencement of the lease.
SIXTH SCHEDULE
Any further endorsements/conditions or stipulations
NOTE
In addition to any specific conditions that are endorsed on this instrument, the holder in exercising the rights granted herein must first ensure that the necessary consents and permission have been obtained and compensation has been agreed to or determined in respect to certain Crown Land, Public Reserves, etc., private land and where the lawful rights of other land users are concerned.
IN witness whereof the Minister has affixed his seal and set his
hand hereto this .............................. day of ................................20...............
MINISTER
|
Form 11 Instrument of Licence |
WESTERN AUSTRALIA Mining Act 1978 (Sec. 116 Reg. 42) MISCELLANEOUS LICENCE No. |
|
(a)Name and address of holder and number of shares
(b)Purpose of Licence (c)Locality (d)Mineral Field
(e)Area
(f)Date Licence granted (g)Shire (h)Plan |
(a)
is/are subject to the provisions of the Mining Act 1978 and to the conditions stated in the Schedule hereunder, authorised in accordance with section 94 of the Act to: (b) situated at (c)in the (d)Mineral Field and containing approximately (e)hectares for a term of 5 years commencing on the date of grant of the licence (f)
(g) (h) |
................................................
Mining Registrar
NOTE
In addition to any specific conditions that are endorsed on this instrument, the holder in exercising the rights granted herein must first ensure that the necessary consents and permission have been obtained and compensation has been agreed to or determined in respect to certain Crown Land, Public Reserves etc., private land and where the lawful rights of other land users are concerned.
For Schedule of Endorsements/Conditions see reverse of form.
Reverse of form
Schedule of Endorsements/Conditions:
|
Form 12
|
WESTERN AUSTRALIA Mining Act 1978 (Sec. 95 Reg. 43) SURRENDER |
|
(a)Type (b)Number (c)Mineral Field |
Details of Mining Tenement (a)(b) (c) |
|
|
|
|
(d)Full name and address of each holder |
Holder (d)
|
|
*If the surrender is a conditional one, add “conditionally on application for being granted” |
THE HOLDER of the abovementioned mining tenement hereby applies to surrender all right title and interest therein.* DATED this day of 20 |
|
(e)Signature of holder (f)Signature of witness |
Holders signin the presence ofWitnesses heresign here (e)...................................(f) ................................... ................................... ...................................
|
|
|
|
|
LODGING PARTY (g)Full name and address (for return of documents) |
(g) |
|
O F F I C E
U S E |
|
Received at ....................m.
on ........................................
............................................. (Mining Registrar) |
|
|
Form 13
|
WESTERN AUSTRALIA Mining Act 1978 (Reg. 45)
NOTICE OF RE‑MARKING (to be fixed to Datum Post of retained portion) |
|
(a)Type (b)Number (c)Mineral Field |
Details of Mining Tenement (a)(b)
(c)
|
|
|
|
|
(d)Full name and address of holder |
Holder (d)
|
|
|
The abovementioned mining tenement has been re‑marked for the purpose of a surrender of part of the tenement under the provisions of the Mining Act 1978. The following is a description of the retained portion — |
|
(e)Describe boundaries of retained portion
(f)Area of retained portion |
Portion Retained (e)
(f) |
|
|
|
|
(g)Date and time of re‑marking |
(g) |
|
(h)Signature of holder |
(h) ............................................................................................................ |
|
Form 14
*If applicable, add whether the surrender is under section 26A or section 65 |
WESTERN AUSTRALIA Mining Act 1978 (Secs. 26A, 65, 95 Reg. 45) PARTIAL SURRENDER* (This form must be accompanied by a map clearly delineating the portion of the tenement being — (i) surrendered; and (ii) retained.) |
|
|
(a)Type (b)Number (c)Mineral Field |
Details of Mining Tenement (a)(b)
(c) |
|
|
|
|
|
|
(d)Full name and address of each holder |
Holder (d)
|
|
|
**If the surrender is a conditional one, add “conditionally on (e)Describe the boundaries of the portion being surrendered |
THE HOLDER of the abovementioned mining tenement hereby applies to surrender all right, title and interest in that portion described hereunder.** |
|
|
PORTION BEING SURRENDERED (e) |
||
|
|
|
Area*** |
|
***In ha/km2 or number of blocks |
DATED this day of 20 |
|
|
(f)Signature of holder (g)Signature of witness |
Holders sign in the presence ofWitnesses sign herehere (f)....................................(g) ....................................
|
|
|
|
|
|
|
LODGING PARTY (h) Full name and address (for return of documents) |
(h) |
|
|
O F F I C E
U S E |
|
Received at ...................................
on ..................................................
with fee of $ .................................
....................................................... (Mining Registrar) |
|
Form 15 WESTERN AUSTRALIA
Mining Act 1978
(Sec. 96 Reg. 49)
APPLICATION FOR FORFEITURE
To the Warden,
Mineral Field
Application is made for forfeiture of the mining tenement/s referred to in Column 1 hereunder for the breach of condition stated opposite in Column 2 or 3 —
|
Column 1 |
Column 2 |
Column 3 |
|
|
Mining Tenement |
Failure to pay rental |
Other Breach |
|
|
|
Amount |
Date Due |
|
|
|
|
|
|
DATED this day of 20
...........................................................................
Mining Registrar
To the Mining Registrar,
The date on which I intend to hear an application for forfeiture is
........../ ........../ ..........
In accordance with regulations 49 and 53 of the Mining Regulations 1981 —
(a)notify the holder by post
(b)notify any registered mortgagee
(c)post a notice on your notice board
(d)publish a notice in the Government Gazette
...........................................................................
Warden
|
Form 16 |
WESTERN AUSTRALIA Mining Act 1978 (Secs. 42, 59, 70D, 75, 97A Regs. 49, 51B, 55, 67, 120A) |
|
|
OBJECTIONNo. To: The Warden |
|
(a)Mineral Field
|
(a)Mineral Field The undersigned objects to |
|
(b)Insert particulars of the matter objected to and mining tenement affected |
(b)
for the following reasons — |
|
(c)Set out grounds for objection
|
(c) And pending the hearing of this objection, require you to |
|
(d)“Withhold your recommendation” OR as the case may be |
(d) |
|
(e)Full name and address of objector |
(e)
|
|
(f)Signature of objector or agent |
DATED this day of 20 (f) ......................................................................................... |
|
|
This objection will be heard in the Warden’s Court at at the hour of .m. on the day of 20 |
||||
|
O F F I C E
U S E |
|
Received at ............................ m.
on ................................................
..................................................... (Mining Registrar)
|
|
||
|
Form 17 |
WESTERN AUSTRALIA Mining Act 1978 (s. 97A, Regs. 51, 51A) |
||||
|
|
APPLICATION FOR |
||||
|
(a)Type (b)Number (c)Mineral Field |
Details of Mining Tenement (a)(b)
(c)
|
||||
|
|
|
||||
|
(d)Full name and address of each applicant |
Applicant (d)
|
||||
|
(e)Reason for forfeiture
(f)Date of forfeiture
(g)
(h)Signature of applicant |
Application made for the restoration of the abovementioned mining tenement which was forfeited for the following reason — (e)
on the (f) This application is made on the following grounds — (g) DATED this ....................... day of .................................. 20........... (h) .....................................................................
|
||||
|
|
A NOTICE OF OBJECTION to this application may be lodged at the office of the mining registrar at .............. on or before the .............. day of .................................. 20........... and the hearing will take place on the .................... day of .................................. 20............ |
||
|
O F F I C E
U S E |
|
Received at .....................................................m on ....................................................................... with fee of $..................................together with the outstanding rent of........................................ for the period ending .........................................
............................................................................ (Mining Registrar) |
Receipt No. ................................. |
|
Form 18 |
WESTERN AUSTRALIA Mining Act 1978 (s. 102, r. 54) |
Office Use |
|||||||
|
|
|
|
|
|
No. |
||||
|
|
APPLICATION FOR EXEMPTION |
||||||||
|
(a)Type (b)Number (c)Mineral Field |
Details of mining tenement/s (a) (b) (c) |
||||||||
|
|
|
|
|||||||
|
(d)Full name and address of each holder |
Holder (d)
|
||||||||
|
|
|
||||||||
|
(e)Amount of expenditure for which exemption is sought
(f)Expiry date/s of period to which exemption relates
(g)Reasons for application (include relevant paragraph/s of section 102(2) of the Mining Act 1978 if applicable) (see Note 1) |
Exemption details (for each tenement affected) (e) $
(f)
(g)
|
||||||||
|
(h)Signature of holder or authorised agent |
APPLICATION is made for exemption for the period specified from the expenditure conditions applicable to the abovementioned mining tenement/s. DATED this day of 20 (h) .................................................................................... |
||||||||
|
|
|
||||||||
|
|
OBJECTIONS to this application may be lodged at the office of the mining registrar at ..................................................................................................................... on or before the day of 20 Where an objection to this application is lodged the hearing will take place on a date to be set. |
||||||||
|
O F F I C E
U S E |
|
Received at ........................................................m on .......................................................................... with fee of $...........................................................
............................................................................... (Mining Registrar) |
|
||||||
Note 1:A statutory declaration setting out reasons in support of the application must be lodged at the office of the mining registrar within 28 days after lodgment of the application or within any extension of that period.
(See regulation 54(3) and (4) of the Mining Regulations 1981.)
[Form 18 amended in Gazette 3 Feb 2006 p. 603.]
|
Form 19 |
WESTERN AUSTRALIA Mining Act 1978 (s. 102 and 102A, r. 58) |
|
|
|
CERTIFICATE OF EXEMPTION
No.
This is to certify that the holder of — |
|
|
(a) |
Type of tenement/s Number/s and Mineral Field |
(a)
has been granted exemption from expenditure under section/s — |
|
(b) |
Section/s of the Mining Act 1978 under which exemption granted |
(b)
in the amount/s of — |
|
(c) |
Amount of expenditure (for each mining tenement affected) |
(c) ($)
for the above mining tenement/s during the year/s of the term of the tenement/s ending on —
|
|
(d) |
Expiry date/s of year/s to which exemption relates |
(d)
DATED this day of 20
............................................ Mining Registrar .................................................. Mineral Field |
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Form 20 |
WESTERN AUSTRALIA Mining Act 1978 (Sec. 105 Reg. 59) |
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NOTICE OF MARKING OUT (To be fixed to Datum Post to complete marking out)
NOTICE IS given that
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(a)Full names and address of applicant
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(a)
has marked out this land under the provisions of the Mining Act 1978 as a |
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(b)Type of tenement |
(b)
and the following is a description of the boundaries thereof —
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(c)Description of boundaries |
(c)
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(d)Approximate area (ha/km2) |
(d)
Marking out was completed by fixing this notice at
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(e)Time and date marking out completed |
(e).m. on the day of 20 . |
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(f)Signature of applicant or agent |
(f) ................................................................................................... |
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Form 21 |
WESTERN AUSTRALIA Mining Act 1978 (Secs. 41, 58, 70C, 74, 86, 91, Reg. 64) APPLICATION FOR MINING TENEMENT |
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(a)Type of tenement |
(a) |
No................./ .............. |
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(b)Time & Date marked out (where applicable) |
(b) a.m./p.m. / / (c) |
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(c)Mineral Field |
(d) & (e) |
(f) Shares |
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APPLICANT: |
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(d)Full Name (e)Address (f)No. of shares (g)Total No. of shares |
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for each appli‑ cant |
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DESCRIPTION OF GROUND |
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(g) Total |
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APPLIED FOR. |
(h) |
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(For Exploration Licences see |
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Note 1. |
(i) |
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For other Licences see Note 2. |
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For all Licences see Note 3.) |
(j) |
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(h)Locality |
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(i)Datum Peg |
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(j)Boundaries |
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(k)Area (ha or Km2) |
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(k) |
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(l)Signature of applicant or |
(l) ................................................................... DATE .......................................................... |
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agent |
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O F F |
OBJECTIONS to this application may be lodged at the office of the mining registrar at .................................................. on or before the .......................................... day of ......................................................... 20 ................... (see Note 4) Where an objection to this application is lodged the hearing will take place on a date to be set. |
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I |
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FEES PAID |
$ |
c |
Receipt No: |
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C |
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Application |
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SHIRE: |
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E |
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Rent |
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TOTAL |
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Map Ref. |
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U S E |
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Received at ................................................m on ................................................................... ........................................................................ (Mining Registrar) |
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Plan........................ ............................... Scale ......................
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NOTES
Note 1: EXPLORATION LICENCE
(i)Attachments 1 and 2 form part of every application for an exploration licence and must be lodged with this form in lieu of (h), (i), (j) and (k) above.
(ii)An application for an Exploration Licence shall be accompanied by a statement specifying method of exploration, details of the proposed work programme, estimated cost of exploration and technical and financial ability of the applicant(s).
Note 2: PROSPECTING/MISCELLANEOUS LICENCE AND MINING/GENERAL PURPOSE LEASE
This application form shall be accompanied by a map on which are clearly delineated the boundaries of the area applied for.
Note 3: GROUND AVAILABILITY
(i)The onus is on the applicant to ensure that ground is available to be marked out and/or applied for.
(ii)The following action should be taken to ascertain ground availability:
(a) public plan search; (b) register search; (c) ground inspection.
Note 4: ALL APPLICATIONS OVER PRIVATE LAND
The period for lodgement of an objection is within 21 days of service of this notice, or the date noted above for lodging objections, whichever is the longer period.
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WESTERN AUSTRALIA Mining Act 1978FORM 21 — ATTACHMENT 1 Sec. 58, Reg 64 |
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EXPLORATION LICENCE NO.............../................ |
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THIS SECTION MUST BE COMPLETED IN FULL FOR ALL EXPLORATION LICENCE APPLICATIONS |
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LOCALITY: ........................................... INDICATE BLOCKS APPLIED FOR: x |
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BLOCK IDENTIFIER (All 3 sections must be completed) |
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1:1,000,000 PLAN NAME |
PRIMARY NUMBER
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GRATICULAR SECTION |
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e |
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h |
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k |
l |
m |
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o |
p |
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r |
s |
t |
u |
v |
w |
x |
y |
z |
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All |
a |
b |
c |
d |
e |
f |
g |
h |
j |
k |
l |
m |
n |
o |
p |
q |
r |
s |
t |
u |
v |
w |
x |
y |
z |
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All |
a |
b |
c |
d |
e |
f |
g |
h |
j |
k |
l |
m |
n |
o |
p |
q |
r |
s |
t |
u |
v |
w |
x |
y |
z |
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All |
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c |
d |
e |
f |
g |
h |
j |
k |
l |
m |
n |
o |
p |
q |
r |
s |
t |
u |
v |
w |
x |
y |
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All |
a |
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d |
e |
f |
g |
h |
j |
k |
l |
m |
n |
o |
p |
q |
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s |
t |
u |
v |
w |
x |
y |
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All |
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d |
e |
f |
g |
h |
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k |
l |
m |
n |
o |
p |
q |
r |
s |
t |
u |
v |
w |
x |
y |
z |
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All |
a |
b |
c |
d |
e |
f |
g |
h |
j |
k |
l |
m |
n |
o |
p |
q |
r |
s |
t |
u |
v |
w |
x |
y |
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All |
a |
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c |
d |
e |
f |
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h |
j |
k |
l |
m |
n |
o |
p |
q |
r |
s |
t |
u |
v |
w |
x |
y |
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All |
a |
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d |
e |
f |
g |
h |
j |
k |
l |
m |
n |
o |
p |
q |
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s |
t |
u |
v |
w |
x |
y |
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All |
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c |
d |
e |
f |
g |
h |
j |
k |
l |
m |
n |
o |
p |
q |
r |
s |
t |
u |
v |
w |
x |
y |
z |
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All |
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d |
e |
f |
g |
h |
j |
k |
l |
m |
n |
o |
p |
q |
r |
s |
t |
u |
v |
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x |
y |
z |
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All |
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e |
f |
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h |
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l |
m |
n |
o |
p |
q |
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s |
t |
u |
v |
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All |
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k |
l |
m |
n |
o |
p |
q |
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t |
u |
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All |
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e |
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h |
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k |
l |
m |
n |
o |
p |
q |
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s |
t |
u |
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All |
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g |
h |
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k |
l |
m |
n |
o |
p |
q |
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t |
u |
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All |
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h |
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l |
m |
n |
o |
p |
q |
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t |
u |
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All |
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e |
f |
g |
h |
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k |
l |
m |
n |
o |
p |
q |
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t |
u |
v |
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All |
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l |
m |
n |
o |
p |
q |
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t |
u |
v |
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All |
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e |
f |
g |
h |
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k |
l |
m |
n |
o |
p |
q |
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s |
t |
u |
v |
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All |
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f |
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h |
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l |
m |
n |
o |
p |
q |
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t |
u |
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l |
m |
n |
o |
p |
q |
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t |
u |
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f |
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h |
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l |
m |
n |
o |
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q |
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t |
u |
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All |
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l |
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n |
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TOTAL BLOCKS: |
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Mining Act 1978FORM 21 — ATTACHMENT 2 Sec. 58, Reg 64 |
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MAP SHOWING BLOCKS APPLIED FOR IN EXPLORATION LICENCE No. ....../...... |
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PRIMARY No. (ii) Indicate Primary Number(s) e.g. PRIMARY No. 318(iv) Outline external boundaries of licence |
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1:1,000,000 PLAN NAME(S) |
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+ |
+ |
+ |
+ |
+ |
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PRIMARY No. PRIMARY No. PRIMARY No. PRIMARY No. |
+ |
a |
b |
c |
d |
e |
a |
b |
c |
d |
e |
a |
b |
c |
d |
e |
a |
b |
c |
d |
e |
a |
b |
c |
d |
e |
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f |
g |
h |
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k |
f |
g |
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k |
f |
g |
h |
j |
k |
f |
g |
h |
j |
k |
f |
g |
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j |
k |
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o |
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v |
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1:1,000,000 PLAN NAME(S) PRIMARY No. PRIMARY No. PRIMARY No. PRIMARY No. PRIMARY No. |
+ |
a |
b |
c |
d |
e |
a |
b |
c |
d |
e |
a |
b |
c |
d |
e |
a |
b |
c |
d |
e |
a |
b |
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d |
e |
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f |
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f |
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f |
g |
h |
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k |
f |
g |
h |
j |
k |
f |
g |
h |
j |
k |
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l |
m |
n |
o |
p |
l |
m |
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o |
p |
l |
m |
n |
o |
p |
l |
m |
n |
o |
p |
l |
m |
n |
o |
p |
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q |
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u |
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t |
u |
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t |
u |
q |
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v |
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PRIMARY No. PRIMARY No. PRIMARY No. PRIMARY No. PRIMARY No. |
+ |
a |
b |
c |
d |
e |
a |
b |
c |
d |
e |
a |
b |
c |
d |
e |
a |
b |
c |
d |
e |
a |
b |
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d |
e |
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f |
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f |
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f |
g |
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l |
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o |
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PRIMARY No. PRIMARY No. PRIMARY No. PRIMARY No. PRIMARY No. |
+ |
a |
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c |
d |
e |
a |
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c |
d |
e |
a |
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d |
e |
a |
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d |
e |
a |
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d |
e |
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f |
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u |
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PRIMARY No. PRIMARY No. PRIMARY No. PRIMARY No. PRIMARY No. |
+ |
a |
b |
c |
d |
e |
a |
b |
c |
d |
e |
a |
b |
c |
d |
e |
a |
b |
c |
d |
e |
a |
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d |
e |
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f |
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+ |
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1:1,000,000 PLAN NAME(S) |
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Form 22 |
WESTERN AUSTRALIA Mining Act 1978 (Reg. 69) |
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WITHDRAWAL |
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(a)Type (b)Number (c)Mineral Field |
Details of Mining Tenement application (a)(b)
(c) |
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(d)Full name and address of each applicant |
Applicant (d)
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THE APPLICANT hereby applies to WITHDRAW the abovementioned application. DATED this day of 20 |
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(e)Signature of applicant (f)Signature of witness |
Applicants signin the presence ofWitnesses heresign here (e)...................................(f)............................................ ............................................................................... ............................................................................... ...............................................................................
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LODGING PARTY (g)Full name and address (for return of documents) |
(g)
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O F F I C E
U S E |
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Received at ...............................m.
on ..................................................
....................................................... (Mining Registrar)
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Form 23 |
WESTERN AUSTRALIA Mining Act 1978 |
STAMP DUTY
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(Regs. 75, 81, 84 & 134) TRANSFERNo. |
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INTEREST BEING TRANSFERRED (a)Type of tenement (b)Number (c)Mineral Field (d)Number of shares |
Details of Mining Tenement and Interest (a)(b)
(c)(d) |
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TRANSFEROR (e)Full name and address |
(e) |
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CONSIDERATION (f)In words — see Note 1 |
(f) |
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TRANSFEREE (g)Full name and address |
(g) |
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(h)Mortgage number and Mortgagee or “NIL” (See note 2) |
(h) |
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THE TRANSFEROR for the consideration expressed HEREBY TRANSFERS TO THE TRANSFEREE the interest specified in the abovementioned mining tenement, and the TRANSFEREE accepts the said interest subject to any mortgage shown hereon and to all the terms and conditions under which it is now held. DATED this day of 20 . |
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(i)Signature of transferor (j)Signature of transferee (k)Signature of witness |
TRANSFERORS sign here Signed (i) in the presence of (k) Signed (i) in the presence of (k) Signed (i) in the presence of (k) |
TRANSFEREES sign here Signed (j) in the presence of (k) Signed (j) in the presence of (k) Signed (j) in the presence of (k) |
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LODGING PARTY (l)Full name and address (for return of documents) |
(l) |
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O F F I C E
U S E |
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Received at ...............................m. on .................................................. with fee of $..................................
....................................................... (Mining Registrar)
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Notes: 1. Where the stamp duty shown on the transfer is not in respect of the full amount of the consideration stated then the documents indicating the full stamp duty must accompany the transfer.
2. If a mortgage is registered with the Department of Mines 4 and will continue after the transfer, insert the required details.
If no mortgage, or a mortgage is to be discharged prior to or on the transfer, insert “nil”.
The consent of the mortgagee to the transfer must be lodged with this Form.
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Form 24 |
WESTERN AUSTRALIA Mining Act 1978 (Sec. 121 Reg. 76) |
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CAVEATNo. |
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(a)Type (b)Number (c)Mineral Field |
Details of Mining Tenement (a)(b)
(c) |
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(d)Specify “the whole” or the number of shares being caveated (e)Full name of holder of shares being caveated |
Interest being caveated (d)
(e) |
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(f)Full name and address of caveator |
Caveator (f) |
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(g)Specify the grounds on which the claim is made See Note 1
(h)Address within the State for service of notices |
THE CAVEATOR claims an interest as specified in the abovementioned mining tenement BY VIRTUE OF (g)
and whilst this caveat remains in force FORBIDS the registration of any transfer or other instrument affecting such tenement or interest and appoints (h)
as the place at which notices and proceedings relating to this caveat may be served DATED this day of 20 |
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(i)Signature of caveator (j)Signature of witness |
Caveator or agent signs hereWitness signs here Signed (i) in the presence of (j) |
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LODGING PARTY (k)Full name and address (for return of documents) |
(k)
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O F F I C E
U S E |
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Received at .................................m. on .................................................... with fee of $.....................................
......................................................... (Mining Registrar)
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Note 1:If the caveat is lodged pursuant to section 122(2) of the Act the term of the caveat must be stated and a copy of the agreement attached.
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Form 24A |
WESTERN AUSTRALIA Mining Act 1978 (Sec. 122 Reg. 76A) |
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WITHDRAWAL OF CAVEATNo.(s) |
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(a)Full name & Address of Caveator |
Caveator
(a) |
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(b)Specify caveat(s) to be withdrawn and mining tenement(s) affected |
Caveat Number(s) and mining tenement(s) affected
(b)
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THE CAVEATOR HEREBY WITHDRAWS the abovementioned caveat(s) against the interest in the mining tenement(s) described above DATED this day of 20 |
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(c)Signature of caveator (d)Signature of witness |
Caveator or agent signs hereWitness signs here
Signed (c) in the presence of (d) |
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(e)LODGING PARTY Full name and address (for return of documents) |
(e)
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O F F I C E
U S E |
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Received at ............................m. on ...............................................
with fee of $................................
.................................................... (Mining Registrar) |
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Form 25 |
WESTERN AUSTRALIA Mining Act 1978 (Reg. 77) |
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STAMP DUTY
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MORTGAGENo. |
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DETAILS OF TENEMENTS BEING MORTGAGED. State Type, Number and Mineral field |
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INTEREST BEING MORTGAGED. State whether the whole of the shares in the above tenement or some lesser interest |
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ENCUMBRANCES. Insert details of any encumbrances registered against the mining tenement. If none insert ‘NIL’ |
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MORTGAGOR. Full name and address |
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MORTGAGEE. Full name and address |
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Principal Sum secured (in words) How and when Principal Sum is to be repaid Rate of interest to be paid How interest is payable |
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In consideration of the above principal sum owing by the Mortgagor to the Mortgagee, THE MORTGAGOR — FIRSTLY, for the purpose of securing the payment in the manner aforesaid of the principal sum and interest MORTGAGES to the MORTGAGEE the interest herein specified in the abovementioned mining tenements subject however to the encumbrances as shown hereon. SECONDLY, covenants with the Mortgagee as follows: 1.That the Mortgagor will pay to the Mortgagee the said principal sum in the manner, and at the times above set forth. |
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2.That the Mortgagor will in the meantime pay interest on the said principal sum at the rate, in the manner, and at the times above set forth. |
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*Here set forth any further covenants |
3.*
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DATED this day of 20 |
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(a)Signature of Mortgagor/s (b)Signature of witness |
MORTGAGOR/S sign here
Signed (a) in the presence of (b)
Signed (a) in the presence of (b) |
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LODGING PARTY (c)Full name and address (for return of documents) |
(c) |
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O F F I C E
U S E |
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Received at ....................................m. on ....................................................... with fee of $........................................
............................................................ (Mining Registrar) |
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Form 26 |
WESTERN AUSTRALIA Mining Act 1978 (Reg. 83) |
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DISCHARGE OF MORTGAGENo. |
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(a)Full name and address of mortgagee |
(a)
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(b)Date of Mortgage
(c)Number of Mortgage
(d)State particulars of mining tenements the subject of the mortgage and interest therein |
being the mortgagee mentioned in a mortgage dated
(b)
numbered
(c)
and registered against
(d) |
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do hereby certify and acknowledge that the whole of the debt or liability secured by the said mortgage has been fully paid or discharged. |
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DATED this day of 20 |
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(e)Signature of Mortgagee |
Signed (e).....................................................................................................
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(f)Signature of witness |
in the presence of (f)...................................................................................................... |
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O F F I C E
U S E |
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Received at .........................m.
on ............................................
with fee of $.............................
................................................. (Mining Registrar)
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Form 26A |
WESTERN AUSTRALIA Mining Act 1978 (Reg. 83) |
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PARTIAL DISCHARGE OF MORTGAGENo. |
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(a)Full name and Address of Mortgagee |
Mortgagee
(a)
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(b)Date of Mortgage
(c)Number of Mortgage
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Mortgage details
(b)
(c) |
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(d)Specify mining tenement(s) and state either “the whole” or number of share mortgage is discharged from (See Note 1) |
Details of mining tenement(s) and shares against which Mortgage discharged
(d) |
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(e)Full name of holder(s) of shares mortgage is discharged against |
(e)
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THE MORTGAGEE HEREBY DISCHARGES the interest in the mining tenement(s) described above from the abovementioned Mortgage without releasing the mortgagor from any liability under that Mortgage DATED this day of 20 |
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(f)Signature and/or company seal of (a) the above
(g)Signature(s) of independent witness |
SIGNATURE(S)
(f)................................................ ................................................ ................................................ ................................................
COMPANY SEAL _______________
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WITNESS(ES) TO SIGNATURE(S)
(g)............................................................. ............................................................. .............................................................
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LODGING PARTY (h)Full name and address (for return of documents) |
(h) |
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O F F I C E
U S E |
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Received at ..............................m.
on .................................................
with fee of $..................................
...................................................... (Mining Registrar) |
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NOTE 1: If Mortgage is to be totally discharged use Form 26.
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Form 27
WESTERN AUSTRALIA Mining Act 1978QUARTERLY MINERAL (EXCLUDING GOLD) PRODUCTION REPORT [Reg. 85A(1)]
Report for ............................................... (insert relevant quarter, eg. March quarter, and year) Mining Tenement No..............................Holder.............................................................................
Mineral Field...................................................................
District..............................Project.................................... |
Mineral Produced/Sold |
End Use or Uses of Mineral |
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I certify that the information supplied in this report is a true statement of all production for the period stated.
Dated.......................................................................Signed......................................................................... (Holder/Applicant) |
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Sales |
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Quantity |
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Material Mined |
Quantity |
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Mineral |
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Mineral |
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Form 27AWESTERN AUSTRALIA
Mining Act 1978
[Reg. 85A(2)]
QUARTERLY GOLD PRODUCTION REPORT
(Please Note! Separate report required for each gold royalty project. Complete and furnish to Director General of Mines within 30 days of expiry of relevant quarter.)
Report for ..........................................................................................
(insert relevant quarter, eg. March quarter, and year)
Mining Tenement(s) No(s) .................................................................................
Holder .................................................................................................................
Mineral Field ......................................................................................................
District .......................................................... Project .........................................
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MATERIAL TREATED |
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Tonnes |
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Ore |
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Sands |
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Slimes |
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Tailings |
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Concentrates |
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Other |
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METAL PRODUCED* |
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Ounces |
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Gold Metal |
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Silver Metal (By‑product) |
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(* Include metal that is to be regarded because of regulation 86AA as having been produced.)
I certify that the information supplied in this report is a true statement of all production for the period stated.
Dated ....................................................................
Signed ...................................................................
(Holder/Applicant)
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WESTERN AUSTRALIA Mining Act 1978 (Reg. 102) |
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DEVOLUTIONNo. |
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(a)Type (b)Number (c)Mineral Field (d)Number of shares |
Details of Mining Tenement application (or application therefor) and interest (a)(b)
(c)(d)
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(e)Document from which title derived |
(e)
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(f)Full name and address of applicant |
(f) |
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*Copy of document to be attached |
hereby applies to be registered as the holder of the above mentioned interest and *attached hereto is a copy of the document referred to in (e) above DATED this day of 20 |
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(g)Signature of applicant |
(g) ............................................................................................................... |
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LODGING PARTY (h)Full name and address (for return of documents) |
(h) |
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O F F I C E
U S E |
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Received at ........................................m.
on ...........................................................
with fee of $............................................
................................................................ (Mining Registrar) |
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Form 29 |
WESTERN AUSTRALIA Mining Act 1978 (Reg. 105) |
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APPLICATION FOR COPY |
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(a)Full name
(b)Address |
I, (a)
of (b)
declare pursuant to section 106 of the Evidence Act 1906 that the document specified cannot be produced for the reasons indicated, and I request that a copy document be issued in lieu |
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(c)Description of document |
Details of Document
(c)
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(d)State whether document lost/destroyed, etc. as the case may be and the circumstances |
Reason for non‑production
(d) |
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(e)Signature of declarant |
Signed (e)...................................................................................................... DECLARED before me at............................................................................ this ..................................... day of .......................................... 20 ............... |
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(f)Signature of witness See Note 1. |
(f) |
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O F F I C E
U S E |
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Received at .....................................m.
on ........................................................
with fee of $.........................................
............................................................. (Mining Registrar)
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NOTE 1:This declaration may be made before a Commissioner of Declarations, Justice of the Peace, Mining Registrar or other authorised person.
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Form 30 |
WESTERN AUSTRALIA Mining Act 1978 (Reg. 107) |
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APPLICATION TO AMENDNo. |
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(a)Type (b)Number (c)Mineral Field |
Details of Mining Tenement application therefor
(a)(b)
(c)
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(d)Full name and address |
Holder/Applicant
(d)
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The abovementioned HOLDER/APPLICANT hereby applies to amend the register at the Department of Mines4 |
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FROM |
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(e)Present particulars shown in register |
(e)
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TO |
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(f)Amended particulars |
(f)
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(g)Signature of holder/applicant |
DATED this day of 20
(g) .................................................................................................. |
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O F F I C E
U S E |
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Received at ..............................m.
on .................................................
...................................................... (Mining Registrar)
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Form 31 |
WESTERN AUSTRALIA Mining Act 1978 (Reg. 108) |
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POWER OF ATTORNEYNo.
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(a)Full name and address of donor |
I, (a) |
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(b)Full name and address of donee |
DO HEREBY APPOINT
(b)
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(hereinafter referred to as the donee) as my attorney to apply for and acquire on my behalf any mining tenement under the Mining Act 1978 and to sell all or any mining tenements, mortgages or charges whether now belonging to me or which shall hereafter belong to me under or by virtue of the said Act. Also to mortgage or sublet all or any such mining tenements for any sum at any rate of interest or rental. Also to withdraw or surrender any mining tenement in which I am or may be interested. Also to exercise and execute all powers which now are or shall hereafter be vested in or conferred upon me as a sub‑lessor or mortgagee of mining tenements under the said Act. |
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*or otherwise according to the nature and extent of the powers intended to be conferred |
* |
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And for me and in my name to sign all such applications, notices, transfers, mortgages, sub‑leases, and other instruments, and do all such acts matters and things as may be necessary or expedient for carrying out the powers hereby given, and for recovering all sums of money that are now or may become due or owing to me, and for enforcing or varying any contract, covenant, or condition binding upon any lessee, tenant, or occupier or upon any other person in respect of the said lands and for recovering and maintaining possession of the said lands, and for protecting them from waste, damage, or trespass.
And I agree that all and whatsoever the said donee shall lawfully do under this power I will at all times ratify and confirm. |
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The words “mining tenement” herein include any share or interest in a mining tenement, or application therefor.
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DATED this day of 20
(c)Signature of donor:Signed (c)........................................ in the presence of
(d)Signature of witness:Signed (d)........................................
(e)Signature of donee:Signed (e)........................................
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O F F I C E
U S E
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Form 32 |
WESTERN AUSTRALIA Mining Act 1978 (Sec. 126 Reg. 112) |
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SECURITY
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By this security the subscriber is for himself, his executors and administrators or in the case of a subscriber being a corporation for its successors and assigns pursuant to the Mining Act 1978 bound to the Minister in the State of Western Australia in the sum of |
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(a)Amount of security
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(a)
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subject only to this condition that, if |
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(b)Full name and residential or business address (see Note 1) of applicant or holder |
(b) |
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shall comply with the conditions to which |
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(c)Insert details of type number and Mineral Field for the mining tenement or application therefor |
(c) |
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is, or will from time to time be subject, and with the provisions of the Mining Act 1978 and regulations thereunder then this security shall be thereby discharged. |
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DATED at this day of 20 |
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(d)Signature of applicant/holder (e)Signature of witness |
Applicant orin the presence of Witness signs here Holder signs here
(d)(e)
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O F F I C E
U S E
|
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Received at ...............................m. on
the ................... day of ......................
20 ....................
........................................................... (Mining Registrar)
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Note 1:A Post Office Box address is not an acceptable residential or business address. A Post Office Box address may be included in addition to the residential or business address.
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Form 33 |
WESTERN AUSTRALIA Mining Act 1978 (Regs. 48 & 121) |
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PLAINTNo. In the Warden’s Court at |
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(a)Name and address of Plaintiff |
Plaintiff (a)
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V |
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(b)Name and address of defendant |
Defendant (b)
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(c)Nature of the claim |
The Plaintiff claims that — (c)
and asks — |
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(d)Nature of relief sought |
(d) |
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(e)Signature of Plaintiff |
DATED this day of 20 (e)..................................................................................................... |
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Fees Paid |
$ |
c |
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Received at ....................................................m. |
Plaint (inc. |
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O F F I C E U S E |
on ......................../ ......................./ .................... with fees as stated.
.............................................................................. (Mining Registrar) |
Summons and Subpoena) Service |
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Affidavit |
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Kilometrage |
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SEAL OF COURT |
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Copies |
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Attendance |
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Total |
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Form 34 |
WESTERN AUSTRALIA Mining Act 1978 (Reg. 123) |
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SUMMONS In the Warden’s Court at |
Plaint No. ........... / .......... |
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(a)Full name and |
TO: (a)
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YOU are hereby summoned to appear before the Warden’s Court |
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(b)Place of hearing |
(b) |
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(c)Time and date of hearing |
at (c) .m. on the day of 20
to answer the claim of the plaintiff |
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(d)Full name of Plaintiff |
(d)
as follows — |
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(e)Nature of claim as stated in Plaint |
(e)
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(f)Nature of relief sought |
(f)
You may apply for the issue of a subpoena compelling the attendance of any witnesses, and production of any books, plans, documents, etc. If you intend to dispute the plaintiff‘s claim you must file a notice of defence in accordance with regulation 126 DATED at this day of 20 . |
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SEAL OF COURT |
.......................................................Mining Registrar ............................................................Mineral Field |
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ENDORSEMENT This is the paper writing marked “A” referred to in the annexed affidavit of sworn before me at , this day of 20 . ......................................................... |
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Form 35 |
WESTERN AUSTRALIA Mining Act 1978 (Reg. 124)
AFFIDAVIT OF SERVICE
In the Warden’s Court at |
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Plaint No........ / .......... |
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(a)Full name and address
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Plaintiff (a)
|
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V |
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(b)Full name and address |
Defendant (b)
|
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|
(c)Full name and address |
(c) I,
|
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|
|
make oath and say that I did on the day of 20 , duly serve a copy of the summons (which is marked “A” and annexed hereto) as follows —
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Full name of person on whom service effected:
Manner of service:
Address where service effected:
Sworn before me at
this day of 20 .
.......................................................................................................... (Commissioner for taking affidavits in the Supreme Court/Warden/Mining Registrar/Justice of the Peace). |
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Form 36 |
WESTERN AUSTRALIA Mining Act 1978 (Reg. 126) NOTICE OF DEFENCE In the Warden’s Court at |
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Plaint No......../......... |
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(a)Full name and address |
Plaintiff (a)
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V |
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(b)Full name and address |
Defendant (b)
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(c)Grounds of defence |
TAKE NOTICE that I intend to defend the plaintiff’s claim in this action on the following grounds — (c)
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+Delete if not applicable (see Note 1)
(d)Signature of defendant |
+and the defendant claims _______________ DATED at this day of 20 . (d) .................................................................................................... |
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O F F I C E
U S E |
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Received at ...............................m.
on ..................................................
with fee of $..................................
....................................................... (Mining Registrar) |
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NOTE 1: If the defendant claims a set off or asks for cross relief, particulars of the relief sought should be stated.
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Form 37 |
WESTERN AUSTRALIA Mining Act 1978 (Reg. 127) SUBPOENA FOR WITNESS In the Warden’s Court at |
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Plaint No............. / ..... |
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(a)Full name and address |
Plaintiff (a)
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V |
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(b)Full name and address |
Defendant (b)
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(c)Place of hearing (d)Time and date of hearing (e)Plaintiff/ Defendant (f)State the particular things required to be produced |
TO: You are hereby required to attend before this Court at (c)at (d) .m on the day of 20 . and at every adjournment thereof to give evidence on behalf of (e) and to produce to the Court (f) |
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If you neglect to comply with this summons you will be liable to a fine not exceeding $100 or to arrest. Dated at this day of 20 . Conduct Money $_______ ....................................................... Mining Register ........................................................... Mineral Field |
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SEAL OF WARDEN’S COURT |
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Received $ Conduct money ............................................................... Signature ENDORSEMENT This is the paper writing marked “A” referred to in the annexed affidavit of sworn before me at this day of 20 . ............................................................... |
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Form 38 |
WESTERN AUSTRALIA Mining Act 1978 (Reg. 129) JUDGMENT/ORDER OF WARDEN’S COURT In the Warden’s Court at |
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Plaint No........ / .......... |
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(a)Full name and address |
Plaintiff (a)
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V |
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(b)Full name and address |
Defendant (b)
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(c)Insert decision
(d)Set forth the order in full
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THE Court adjudges that —
(c)
AND the Court orders —
(d)
DATED at
this day of 20 .
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SEAL OF WARDEN’S COURT |
.......................................................Warden/Mining Registrar |
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Form 39 |
WESTERN AUSTRALIA Mining Act 1978 (Reg. 130) WARRANT OF EXECUTION In the Warden’s Court at |
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Plaint No.......... / ............ |
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(a)Full name and address |
Plaintiff (a)
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V |
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(b)Full name and address |
Defendant (b)
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*Delete whichever not applicable
†Defendant or Plaintiff
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TO: The Bailiff WHEREAS on the DAY of 20 * the plaintiff obtained a judgment of this Court against the defendant for debt (or damages) and costs in the sum of or *it was ordered by the Court that judgment should be entered for the defendant, or that judgment of nonsuit should be entered and the costs be paid by the plaintiff to the defendant in the sum of and whereas default has been made in the payment thereof. These are, therefore, to require and order you FORTHWITH TO LEVY BY DISTRESS AND SALE OF THE GOODS against any property of the † wheresoever it may be found, the sum of in addition to the costs of this execution, and also to seize and take any money, or bank notes or securities for money of the † or such part or so much thereof as may be sufficient to satisfy this execution and the costs of making and executing the same and forthwith to return the same to me, to be paid over to the † together with this warrant. DATED at this day of 20 By the Court .......................................................Mining Registrar ............................................................Mineral Field |
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SEAL OF THE COURT |
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Judgment$ Costs$ Execution$ Other$ Total amount to be levied$ Application was made for this warrant at ...................... m. on ......................................................... Returned this Warrant to the above Warden’s Court on the day of 20 with the sum of in satisfaction thereof.
BAILIFF |
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Form 40 |
WESTERN AUSTRALIA Mining Act 1978 (Sec. 141 Reg. 131) WARRANT FOR RECOVERY OF POSSESSION In the Warden’s Court at |
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Plaint No........ / ....... |
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(a)Full name and address |
Plaintiff (a)
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V |
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(b)Full name and address |
Defendant (b)
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(c)Here state terms of order
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TO: The Bailiff
WHEREAS on the DAY of 20 an order was made in the above Court that the defendant deliver up possession of
(c)
to the plaintiff and whereas the said defendant has refused or neglected so to do. These are therefore to require and order you FORTHWITH TO eject the said defendant from the aforementioned land and/or mining tenement and to seize and take chattels or minerals specified above and deliver the same into your possession. By the Court .........................................Warden/Mining Registrar Mineral Field |
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SEAL OF THE COURT |
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Form 41 |
WESTERN AUSTRALIA Mining Act 1978 (Reg. 132) |
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NOTICE OF SEIZURE |
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In theCourt at Plaint No.Warrant No. Between Plaintiff and Defendant TO: The MINING REGISTRAR, at TAKE NOTICE that under and by virtue of , dated theday of 20 , issued out of theCourt at(copy attached) I have this day seized all theright, title and interest (if any) in and to the shares specified in the undermentioned mining tenement —
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(a) Type (b) Number (c) Mineral Field (d) Number of Shares |
Details of Mining Tenement (a)(b) (c) (d) |
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You will therefore communicate with me before registering any transfer, or other dealing with the shares specified while this seizure remains in force. DATED at thisday of20 Bailiff |
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O F F I C E
U S E
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Received at ..........................................m. on ............................................................ with fee of $ ............................................
.................................................................. (Mining Registrar) |
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Form 42 |
WESTERN AUSTRALIA Mining Act 1978 (Sec. 147 Reg. 135) |
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NOTICE OF APPEAL UNDER SECTION 147 |
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(a)Full Name and address of appellant |
Appellant
(a)
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V |
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(b)Full name and address of respondent |
Respondent
(b)
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To the Warden ....................................................................................Mineral Field and to the Respondent Notice is given of an appeal against the final judgment/ determination/decision of the Warden’s Court at on theday of, 20 in respect to —
on the grounds that —
The sum of $150.00 is deposited as security for or towards the costs of this appeal. Signed ............................................................................................. Signature of Appellant or his Solicitor |
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O F F I C E
U S E
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Received at ...........................................m. on .............................................................. with the sum of $150.00 Receipt No. ...............................................
................................................................... (Mining Registrar) |
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Form 43 |
WESTERN AUSTRALIA Mining Act 1978 (Reg. 136)
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INJUNCTIONNo.
UPON the application of
and whereas sufficient notice has been given to the parties interested and after hearing the evidence, I HEREBY ORDER THAT:
and his servants, workmen and agents, be restrained from — |
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* Terms of injunction granted |
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until theday of20
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DATED thisday of20
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Seal of the Warden’s Court |
............................................................Warden
Mineral Field |
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_______________
WESTERN AUSTRALIA
Form 44MINING ACT 1978
Regulation 120E
REPORT OF APPROVED SURVEYOR
(To be lodged for each tenement surveyed)
|
TENEMENT TYPE |
TENEMENT NUMBER |
HOLDER/APPLICANT |
DATE OF MARKING |
FIELD BOOK NUMBER |
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YES |
NO* |
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1.I have surveyed the tenement boundaries in accordance with the regulations. |
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2.The boundaries surveyed are in accordance with the Holder’s/Applicant’s/Agent’s markings. |
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3.The Holder/Applicant/Agent attended the site and is satisfied with the positions of the surveyed boundaries. |
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4.The adjoining tenement Holder(s)/ Applicant(s)/Agent(s) attended the site and is (are) satisfied with the position of the surveyed boundaries. |
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5.Adjoining land tenures have been located as instructed. |
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6.Positions of any buildings, workings, shafts, roads and other significant features, where practical, have been located. *For any “NO” response above, a written report is required. |
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............................................................. APPROVED SURVEYOR.
NOTE: Any additional information relating to the conduct of this survey should be presented in a written report.
............./............/20..........
[First Schedule amended in Gazette 12 Nov 1982 p. 4491 (erratum in Gazette 19 Nov 1982 p. 4578); 30 May 1986 p. 1841; 20 Jun 1986 p. 2084; 2 Oct 1987 p. 3821‑36 (erratum in Gazette 6 Nov 1987 p. 4110); 20 May 1988 p. 1707; 31 May 1991 p. 2700‑7; 5 Jul 1991 p. 3359; 31 Jul 1992 p. 3777‑80; 24 Dec 1993 p. 6829‑30; 24 Jun 1994 p. 2939‑42; 13 Oct 1995 p. 4823; 4 Apr 1997 p. 1780‑1; 3 Oct 1997 p. 5533‑5; 11 Jun 1999 p. 2546‑52; 2 Feb 2001 p. 710‑11; 13 Dec 2002 p. 5805‑6; 17 Jan 2003 p. 107‑9 and 114.]
Schedule of fees and rents
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$ |
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1.Annual Rent of — |
|
|
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Existing exploration licence per square kilometre or part thereof — (a)for years 1 to 7 of the term of the licence .......... (b)for year 8, and each subsequent year, of the term of the licence ............................. |
|
38.72
131.12 |
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Graticular exploration licence — (a)one block licence applied for after 1 July 1999 . (b)all other licences, per block — (i)for years 1 to 3 of the term of the licence ................................................... (ii)for years 4 and 5 of the term of the licence …………………….................. (iii)for years 6 and 7 of the term of the licence ................................................... (iv)for year 8, and each subsequent year, of the term of the licence ...................... |
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244.31
101.42
157.74
214.06
405.46 |
|
General purpose lease per hectare or part thereof .......... |
|
11.88 |
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Lease granted under the Mining Act 1904 6, either pursuant to or continued in force by virtue of an agreement scheduled to, incorporated in, or appearing in an Act or a variation of such an agreement, per hectare or part thereof ..................................................... |
|
13.42 |
|
Mining lease per hectare or part thereof ......................... |
|
13.42 |
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Miscellaneous licence per hectare or part thereof — (a)for the purpose referred to in regulation 42B(ia) |
|
0.33 |
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(b)for any other purpose ......................................... |
|
11.88 |
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Prospecting licence per hectare or part thereof (minimum $18.70) .......................................................... |
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1.87 |
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Retention licence per hectare or part thereof .................. |
|
5.83 |
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2.Application fee for — |
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Exploration Licence — |
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(a)one block ............................................................ |
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220.00 |
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(b)more than one block ........................................... |
|
950.00 |
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General Purpose Lease .................................................... |
|
320.00 |
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Mining Lease ................................................................... |
|
320.00 |
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Miscellaneous Licence .................................................... |
|
320.00 |
|
Permit under section 20A ............................................... |
Reg. 4D(2) |
25.00 |
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Prospecting Licence ........................................................ |
|
215.00 |
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Retention Licence ............................................................ |
|
540.00 |
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2A.Application fee for approval of retention status ............. |
|
205.00 |
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2B.Copy of all or part of document or report (per copy) ..... |
Reg. 25B |
6.50 |
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3.Copy of — |
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Mining Tenement Register (per tenement) ..................... |
Reg. 106 |
6.50 |
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Dealing affecting tenement (per dealing) ....................... |
Reg. 106 |
6.50 |
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3A.Certification of a document ............................................. |
Reg. 109 |
5.40 |
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4.Exemption from expenditure conditions — |
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(a)one year exemption for — |
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(i)prospecting licence ................................ |
Reg. 54 |
270.00 |
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(ii)exploration licence ................................ |
Reg. 54 |
310.00 |
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(iii)mining lease .......................................... |
Reg. 54 |
370.00 |
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(b)5 year exemption for mining lease .................... |
Reg. 54 |
1 850.00 |
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5.Issue of — |
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Duplicate instrument of lease ......................................... |
Sec. 83 |
27.00 |
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Miner’s Right .................................................................. |
Sec. 20 |
25.00 |
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[6.deleted] |
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7.Partial Surrender of a Mining Tenement ........................ |
Reg. 45 |
82.00 |
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8.Permit to Enter Private Land — |
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application for (per Lot or Location affected — Minimum $21.50) .......................................................... |
Reg. 5 |
5.40 |
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9.Private Land — application to bring under the Act ....... |
Reg. 8 |
17.00 |
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10.Registration of dealings (per tenement affected where applicable) — |
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Agreement ....................................................................... |
Reg. 110 |
82.00 |
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Application for copy document ...................................... |
Reg. 105 |
82.00 |
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Caveat .............................................................................. |
Sec. 121 |
82.00 |
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Devolution ....................................................................... |
Reg. 102 |
82.00 |
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Discharge/Withdrawal of any encumbrance .................. |
Regs. 76A, 83, 110 |
5.40 |
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Injunction ......................................................................... |
Reg. 109 |
82.00 |
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Judgment/Order of Court ................................................ |
Reg. 110 |
82.00 |
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Mortgage .......................................................................... |
Reg. 77 |
82.00 |
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Power of Attorney — each .............................................. |
Reg. 108 |
82.00 |
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Seizure — Notice of ........................................................ |
Reg. 132 |
82.00 |
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Sub‑lease of Mining Tenement ....................................... |
Reg. 110 |
82.00 |
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Transfer — |
|
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Mining Tenement ............................................... |
Reg. 75 |
82.00 |
|
Mortgage ............................................................ |
Reg. 84 |
82.00 |
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11.Restoration of Mining Tenement .................................... |
Reg. 51 |
165.00 |
|
11A.Copy of front page of Form 5, together with either Attachment 1 — “Summary of Mineral Exploration/Mining Activities” or Attachment 2 — “Summary of Prospecting and/or Small Scale Mining Activities”, as the case may be ....................................... |
Reg. 96(3) |
6.50 |
|
[12.deleted] |
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13.Warden’s Court Fees — |
|
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(i)For entering a plaint, excluding service fee, but including the issue of summons for each defendant and all necessary witness subpoenas |
|
47.50 |
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(ii)Defence, including notice of defence and all necessary witness subpoenas ............................. |
|
30.00 |
|
(iii)All necessary applications and affidavits .......... |
|
5.00 |
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(iv)Order made by warden including an order for an injunction ....................................................... |
|
10.00 |
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(v)Issue or renewal of a warrant of execution ........ |
|
30.00 |
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(vi)Copy of — |
|
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(a)evidence — per page ............................ |
|
6.50 |
|
(b)a judgment, decision or order — per page ........................................................ |
|
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(vii)Taxation of bill of costs ..................................... |
|
$0.05 in each amount of $1.00 on amount of filed bill (minimum fee $10.00) — provided that where the filed bill exceeds $1 000 the fee is reduced to $0.025 in each $1.00 for the excess, plus $50.00 |
[Second Schedule inserted in Gazette 20 Jun 1986 p. 2084‑6; amended in Gazette 26 Jun 1987 p. 2527‑8; 2 Oct 1987 p. 3836‑7; 3 Mar 1989 p. 688‑9; 21 Jul 1989 p. 2249‑50; 20 Apr 1990 p. 2000; 22 Jun 1990 p. 3073‑5; 31 May 1991 p. 2707; 5 Jul 1991 p. 3357‑8; 8 Nov 1991 p. 5741‑2; 31 Jul 1992 p. 3780; 30 Jul 1993 p. 4157; 19 Nov 1993 p. 6274‑5; 24 Dec 1993 p. 6830; 10 Jun 1994 p. 2411; 24 Jun 1994 p. 2943; 30 Jun 1995 p. 2660; 19 Apr 1996 p. 1573; 4 Apr 1997 p. 1781; 12 Jun 1998 p. 3184; 11 Jun 1999 p. 2552; 21 Jan 2000 p. 345; 16 Jun 2000 p. 2951‑2; 2 Feb 2001 p. 711 and 714; 3 Aug 2001 p. 3971; 28 Jun 2002 p. 3088‑9; 17 Jan 2003 p. 109; 20 Jun 2003 p. 2241‑3; 25 Jun 2004 p. 2244-5; 24 Jun 2005 p. 2769-71; 3 Feb 2006 p. 603-4.]
Third Schedule — Transitional provisions relating to Geocentric Datum of Australia
[r. 89A]
[Heading inserted in Gazette 15 Dec 2000 p. 7220.]
(1)In this Schedule —
“Australian Geodetic Datum” means the datum described in clause 2;
“block” means a block as described in section 56C;
“commencement day” means the day on which section 5 of the Acts Amendment (Australian Datum) Act 2000 comes into operation;
“existing exploration licence” means an exploration licence referred to in clause 3(1) or (3);
“number”, in relation to a block, has the same meaning as it has in section 56C(4);
“prescribed land” means all of an area of land that, as a result of the operation of section 9B in relation to the Geocentric Datum of Australia referred to in regulation 89A —
(a)immediately before the commencement day, was on the western and southern boundaries, but not within, a block or blocks; and
(b)on the commencement day, is in the block or blocks identified by reference to the same number or numbers by reference to which the block or blocks referred to in paragraph (a) was or were identified.
(2)The note and diagram after clause 8 are provided to assist understanding and do not form part of this Schedule.
[Clause 1 inserted in Gazette 15 Dec 2000 p. 7220-1.]
(1)For the purposes of this Schedule, the Australian Geodetic Datum is defined by an ellipsoid having a semi‑major axis (equatorial radius) of 6 378 160 m and a flattening of 1/298.25 and fixed by the position of the origin being the Johnston Geodetic Station in the Northern Territory of Australia.
(2)The Johnston Geodetic Station is taken to be situated at —
(a)25° 56′ 54.5515″ south latitude and 133° 12′ 30.0771″ east longitude; or
(b)where decimal reckoning is used, 25° 56.90919′ south latitude and 133° 12.50129′ east longitude,
and to have a ground level elevation of 571.2 m above the ellipsoid referred to in subclause (1).
[Clause 2 inserted in Gazette 15 Dec 2000 p. 7221.]
(1)For the purposes of the Act or these regulations, the position on the surface of the Earth of the land that is the subject of an exploration licence in force before the commencement day is to be determined by reference to the Australian Geodetic Datum.
(2)For the purposes of the Act or these regulations, the position on the surface of the Earth of the land that is the subject of an application for an exploration licence lodged before the commencement day and pending immediately before that day is to be determined by reference to the Australian Geodetic Datum.
(3)For the purposes of the Act or these regulations, the position on the surface of the Earth of the land that is the subject of an exploration licence granted on or after the commencement day in respect of an application referred to in subclause (2) is to be determined by reference to the Australian Geodetic Datum.
[Clause 3 inserted in Gazette 15 Dec 2000 p. 7221.]
4.Land surrendered or forfeited etc.
(1)If after the commencement day —
(a)land becomes available from an existing exploration licence; and
(b)any portion of that land is in a block in respect of which an exploration licence has been granted in respect of an application lodged on or after the commencement day,
the exploration licence referred to in paragraph (b) is to be amended, by force of this subclause, to include the land that has become available from the existing exploration licence.
(2)If after the commencement day —
(a)land becomes available from an existing exploration licence; and
(b)any portion of that land is in a block in respect of which an application for an exploration licence is lodged on or after the commencement day,
the application referred to in paragraph (b) is taken to extend to the land that has become available from the existing exploration licence and, if an exploration licence is granted in respect of that application, that land is to be included in the exploration licence.
(3)Subclauses (1) and (2) do not apply if —
(a)the land that becomes available from an existing exploration licence has been included in an application under section 67 or 70B; and
(b)a mining lease, general purpose lease or retention licence has been granted in respect of the application.
(3a)Subclauses (1) and (2) do not apply if —
(a)the land that becomes available from an existing exploration licence has been included in a reversion licence application; and
(b)a prospecting licence has been granted in respect of the reversion licence application.
(4)Subclause (2) does not apply if the land that becomes available from an existing exploration licence is in a block identified by reference to the same number as a block in respect of which an application referred to in subclause (2)(b) has been lodged.
(5)A reference in this clause to land becoming available from an existing exploration licence is a reference to the land that is the subject of the licence being surrendered under section 65 or to the surrender, forfeiture (otherwise than under section 98) or expiry of the licence.
[Clause 4 inserted in Gazette 15 Dec 2000 p. 7221-2; amended in Gazette 3 Feb 2006 p. 604.]
5.Land exempted under section 19
For the purposes of the Act or these regulations, the position on the surface of the Earth of land that is the subject of an exemption given by an instrument in force under section 19 and made before the commencement day is to be determined by reference to the Australian Geodetic Datum.
[Clause 5 inserted in Gazette 15 Dec 2000 p. 7222.]
6.Areas declared under section 57(4), and savings
(1)For the purposes of the Act or these regulations, the position on the surface of the Earth of land that is the subject of a declaration in force under section 57(4) and made before the commencement day is to be determined by reference to the Geocentric Datum of Australia.
(2)Subclause (1) does not affect the validity of —
(a)an existing exploration licence; or
(b)an application for an exploration licence lodged before the commencement day and pending immediately before that day.
[Clause 6 inserted in Gazette 15 Dec 2000 p. 7223.]
7.Certain prospecting licences and mining leases may be amalgamated with existing exploration licences
(1)If a person is the holder of both an existing exploration licence and another tenement, the person or an agent of the person may, without marking out the land, apply in writing to the Minister in the manner prescribed for the purposes of section 67A(1) for the other tenement, or part of the other tenement, to be amalgamated with the exploration licence.
(2)Another tenement, or part of another tenement, cannot be amalgamated with an exploration licence under this clause unless the land that is the subject of the other tenement, or of that part of the other tenement, is —
(a)wholly within the same block or same blocks within which the land that is the subject of the exploration licence is situated; and
(b)contiguous with the land referred to in paragraph (a).
(3)Subject to subclause (2), section 67A(4) and (5) apply to an application under subclause (1) as if —
(a)the application had been made under section 67A(1); and
(b)a reference in section 67A(4) or (5) to “secondary tenement” were a reference to, as the case requires, the “other tenement” or “part of the other tenement” mentioned in subclause (1).
(4)This clause does not affect the operation of section 67A.
(5)In this clause —
“another tenement” or “other tenement” means a prospecting licence or mining lease applied for and granted after the commencement day in respect of prescribed land.
[Clause 7 inserted in Gazette 15 Dec 2000 p. 7223.]
8.Prescribed land does not need to be marked out
Despite section 105, if an application for a prospecting licence or mining lease is made on or after the commencement day in respect of prescribed land only, that land does not need to have been marked out.
Note:The following diagram shows an example of prescribed land referred to in this Schedule.
[Clause 8 inserted in Gazette 15 Dec 2000 p. 7223-4.]
1This is a compilation of the Mining Regulations 1981 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
|
Citation |
Gazettal |
Commencement |
|
Mining Regulations 1981 |
13 Nov 1981 p. 4601‑76 |
1 Jan 1982 (see r. 1(2) and Gazette 11 Dec 1981 p. 5085) |
|
Mining Amendment Regulations 1982 |
6 Aug 1982 p. 3099 |
6 Aug 1982 |
|
Mining Amendment Regulations (No. 2) 1982 |
12 Nov 1982 p. 4490‑1 |
10 Dec 1982 (see r. 2) |
|
Mining Amendment Regulations 1983 |
23 Dec 1983 p. 5001‑2 |
1 Jan 1984 (see r. 2 and Gazette 2982 p. 4934) |
|
Mining Amendment Regulations 1984 |
16 Mar 1984 p. 725 |
16 Mar 1984 |
|
Mining Amendment Regulations (No. 2) 1984 |
15 Jun 1984 p. 1655‑7 |
1 Jul 1984 (see r. 2) |
|
Mining Amendment Regulations 1986 |
30 May 1986 p. 1839‑41 |
30 May 1986 |
|
Mining Amendment Regulations (No. 2) 1986 |
20 Jun 1986 p. 2083‑6 |
1 Jul 1986 (see r. 2) |
|
Mining Amendment Regulations 1987 |
26 Jun 1987 p. 2526‑8 |
1 Jul 1987 (see r. 2) |
|
Mining Amendment Regulations (No. 3) 1987 |
7 Aug 1987 p. 3134 |
7 Aug 1987 |
|
Mining Amendment Regulations (No. 5) 1987 |
21 Aug 1987 p. 3268 |
21 Aug 1987 |
|
Mining Amendment Regulations (No. 2) 1987 |
2 Oct 1987 p. 3811‑37 (erratum 6 Nov 1987 p. 4110) |
16 Oct 1987 (see r. 2 and Gazette 16 Oct 1987 p. 3884) |
|
Mining Amendment Regulations (No. 6) 1987 |
6 Nov 1987 p. 4110 |
6 Nov 1987 |
|
Mining Amendment Regulations 1988 |
5 Feb 1988 p. 312 |
5 Feb 1988 |
|
Mining Amendment Regulations (No. 2) 1988 |
8 Apr 1988 p. 1165 |
8 Apr 1988 |
|
Mining Amendment Regulations (No. 3) 1988 |
20 May 1988 p. 1705‑7 |
20 May 1988 |
|
Mining Amendment Regulations (No. 5) 1988 |
15 Jul 1988 p. 2474 |
15 Jul 1988 |
|
Mining Amendment Regulations (No. 4) 1988 |
22 Jul 1988 p. 2526‑8 |
1 Aug 1988 (see r. 2) |
|
Reprint of the Mining Regulations 1981 as at 11 Aug 1988 (see Gazette 24 Aug 1988 p. 3147‑242) (includes amendments listed above) |
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|
Mining Amendment Regulations 1989 |
3 Mar 1989 p. 688‑9 |
3 Mar 1989 |
|
Mining Amendment Regulations (No. 2) 1989 |
30 Jun 1989 p. 2001 |
1 Jul 1989 (see r. 2) |
|
Mining Amendment Regulations (No. 3) 1989 |
21 Jul 1989 p. 2249‑50 |
1 Aug 1989 (see r. 2) |
|
Mining Amendment Regulations (No. 5) 1989 |
22 Dec 1989 p. 4655 |
1 Jan 1990 (see r. 2) |
|
Mining Amendment Regulations 1990 |
20 Apr 1990 p. 2000 |
1 May 1990 (see r. 2) |
|
Mining Amendment Regulations (No. 2) 1990 |
22 Jun 1990 p. 3073‑5 |
1 Jul 1990 (see r. 2) |
|
Mining Amendment Regulations (No. 3) 1990 |
22 Jun 1990 p. 3073 |
1 Jul 1990 (see r. 2) |
|
Mining Amendment Regulations (No. 4) 1990 |
16 Nov 1990 p. 5727‑9 |
16 Nov 1990 |
|
Mining Amendment Regulations (No. 2) 1991 |
24 May 1991 p. 2593‑4 |
24 May 1991 |
|
Mining Amendment Regulations 1991 |
31 May 1991 p. 2695‑707 (corrigenda 7 Jun 1991 p. 2836 and 21 Jun 1991 p. 3057) |
1 Jul 1991 (see r. 2 and Gazette 28 Jun 1991 p. 3101) |
|
Mining Amendment Regulations (No. 3) 1991 |
21 Jun 1991 p. 3055‑7 |
1 Jul 1991 (see r. 3) |
|
Mining Amendment Regulations (No. 5) 1991 |
5 Jul 1991 p. 3357‑8 |
5 Jul 1991 |
|
Mining Amendment Regulations (No. 4) 1991 |
5 Jul 1991 p. 3358‑9 |
5 Jul 1991 |
|
Mining Amendment Regulations (No. 6) 1991 |
8 Nov 1991 p. 5741‑2 |
8 Nov 1991 |
|
Mining Amendment Regulations (No. 2) 1992 |
3 Jul 1992 p. 2973 |
3 Jul 1992 |
|
Mining Amendment Regulations 1992 |
31 Jul 1992 p. 3775‑80 |
31 Jul 1992 |
|
Mining Amendment Regulations (No. 4) 1992 |
18 Dec 1992 p. 6127 |
18 Dec 1992 |
|
Mining Amendment Regulations 1993 |
2 Jul 1993 p. 3270‑2 |
2 Jul 1993 |
|
Mining Amendment Regulations (No. 2) 1993 |
30 Jul 1993 p. 4157 |
30 Jul 1993 (see r. 2) |
|
Mining Amendment Regulations (No. 3) 1993 |
19 Nov 1993 p. 6274‑5 |
19 Nov 1993 |
|
Mining Amendment Regulations (No. 4) 1993 |
26 Nov 1993 p. 6368 |
26 Nov 1993 |
|
Mining Amendment Regulations (No. 5) 1993 |
24 Dec 1993 p. 6828‑30 |
24 Dec 1993 |
|
Mining Amendment Regulations (No. 6) 1993 |
24 Dec 1993 p. 6830‑1 |
24 Dec 1993 |
|
Mining Amendment Regulations (No. 2) 1994 |
10 Jun 1994 p. 2411 |
1 Jul 1994 (see r. 2) |
|
Mining Amendment Regulations 1994 |
24 Jun 1994 p. 2927‑43 |
1 Jul 1994 (see r. 2 and Gazette 24 Jun 1994 p. 2819) |
|
Mining Amendment Regulations (No. 3) 1994 |
9 Sep 1994 p. 4643 |
9 Sep 1994 |
|
Mining Amendment Regulations (No. 4) 1994 |
23 Dec 1994 p. 7114 |
1 Jan 1995 (see r. 2) |
|
Mining Amendment Regulations (No. 2) 1995 |
19 May 1995 p. 1881‑2 |
19 May 1995 |
|
Mining Amendment Regulations (No. 3) 1995 |
30 Jun 1995 p. 2660 |
30 Jun 1995 |
|
Mining Amendment Regulations 1995 |
13 Oct 1995 p. 4813‑23 |
13 Oct 1995 (see r. 2 and Gazette 13 Oct 1995 p. 4797) |
|
Mining Amendment Regulations (No. 4) 1995 |
15 Dec 1995 p. 6114‑15 |
15 Dec 1995 |
|
Reprint of the Mining Regulations 1981 as at 18 Mar 1996 (includes amendments listed above) |
||
|
Mining Amendment Regulations (No. 2) 1996 |
19 Apr 1996 p. 1753 |
19 Apr 1996 |
|
Mining Amendment Regulations 1996 |
13 Sep 1996 p. 4598 |
13 Sep 1996 |
|
Mining Amendment Regulations 1997 |
4 Apr 1997 p. 1777‑81 |
4 Apr 1997 |
|
Mining Amendment Regulations (No. 4) 1997 |
3 Oct 1997 p. 5530‑5 |
3 Oct 1997 |
|
Mining Amendment Regulations (No. 2) 1998 |
17 Mar 1998 p. 1434‑5 |
17 Mar 1998 |
|
Mining Amendment Regulations (No. 3) 1998 |
24 Apr 1998 p. 2153 |
24 Apr 1988 |
|
Mining Amendment Regulations 1998 |
12 Jun 1998 p. 3184 |
1 Jul 1998 (see r. 2) |
|
Mining Amendment Regulations 1999 |
11 Jun 1999 p. 2543‑52 |
1 Jul 1999 (see r. 2) |
|
Mining Amendment Regulations (No. 2) 1999 |
18 Jun 1999 p. 2641‑3 |
18 Jun 1999 |
|
Mining Amendment Regulations (No. 4) 1999 |
19 Nov 1999 p. 5791‑2 |
19 Nov 1999 |
|
Mining Amendment Regulations (No. 3) 1999 |
21 Jan 2000 p. 344‑5 |
21 Jan 2000 |
|
Mining Amendment Regulations 2000 |
8 Feb 2000 p. 453‑4 |
8 Feb 2000 |
|
Mining Amendment Regulations (No. 3) 2000 |
14 Apr 2000 p. 1891‑2 |
14 Apr 2000 |
|
Mining Amendment Regulations (No. 2) 2000 |
16 Jun 2000 p. 2951‑2 |
1 Jul 2000 (see r. 2) |
|
Mining Amendment Regulations (No. 4) 2000 |
16 Jun 2000 p. 2952‑7 |
1 Jul 2000 (see r. 2) |
|
Mining Amendment Regulations (No. 5) 2000 |
30 Jun 2000 p. 3473‑4 |
1 Jul 2000 (see r. 2) |
|
Reprint of the Mining Regulations 1981 as at 21 Jul 2000 (includes amendments listed above) |
||
|
Mining Amendment Regulations (No. 6) 2000 |
15 Dec 2000 p. 7219‑24 |
16 Dec 2000 (see r. 2 and Gazette 15 Dec 2000 p. 7201) |
|
Mining Amendment Regulations (No. 7) 2000 |
5 Jan 2001 p. 125 |
5 Jan 2001 |
|
Mining Amendment Regulations 2001 |
2 Feb 2001 p. 704‑11 |
3 Feb 2001 (see r. 2 and Gazette 2 Feb 2001 p. 697) |
|
Mining Amendment Regulations (No. 2) 2001 |
2 Feb 2001 p. 711‑14 |
2 Feb 2001 |
|
Mining Amendment Regulations (No. 3) 2001 |
27 Apr 2001 p. 2202 |
27 Apr 2001 |
|
Mining Amendment Regulations (No. 4) 2001 |
3 Aug 2001 p. 3971 |
3 Aug 2001 |
|
Mining Amendment Regulations (No. 5) 2001 |
17 Aug 2001 p. 4347 |
17 Aug 2001 |
|
Corporations (Consequential Amendments) Regulations 2001 Pt. 8 |
28 Sep 2001 p. 5353‑8 |
15 Jul 2001 (see r. 2 and Cwlth Gazette 13 Jul 2001 No. S285) |
|
Mining Amendment Regulations (No. 6) 2001 7 |
14 Dec 2001 p. 6403‑8 |
1 Jan 2002 (see r. 2) |
|
Mining Amendment Regulations 2002 |
8 Feb 2002 p. 606‑8 |
23 Apr 2002 (see r. 2 and Gazette 21 May 2002 p. 2600) |
|
Mining Amendment Regulations (No. 4) 2002 |
28 Jun 2002 p. 3087‑9 |
1 Jul 2002 (see r. 2) |
|
Mining Amendment Regulations (No. 2) 2002 |
23 Jul 2002 p. 3425 |
23 Jul 2002 |
|
Reprint of the Mining Regulations 1981 as at 25 Jul 2002 (includes amendments listed above) |
||
|
Mining Amendment Regulations (No. 3) 2002 |
27 Aug 2002 p. 4356‑7 |
1 Jan 2003 (see r. 2) |
|
Mining Amendment Regulations (No. 7) 2002 8 |
13 Dec 2002 p. 5803‑6 |
1 Jan 2003 (see r. 2) |
|
Mining Amendment Regulations (No. 5) 2002 |
17 Jan 2003 p. 105‑9 |
18 Jan 2003 (see r. 2 and Gazette 17 Jan 2003 p. 105) |
|
Mining Amendment Regulations (No. 6) 2002 |
17 Jan 2003 p. 109‑14 |
17 Jan 2003 |
|
Mining Amendment Regulations 2003 |
20 Jun 2003 p. 2241‑3 |
1 Jul 2003 (see r. 2) |
|
Mining Amendment Regulations (No. 2) 2003 |
15 Aug 2003 p. 3693‑4 |
15 Aug 2003 |
|
Mining Amendment Regulations (No. 2) 2004 |
25 Jun 2004 p. 2243‑5 |
1 Jul 2004 (see r. 2) |
|
Reprint 5: The Mining Regulations 1981 as at 16 Jul 2004 (includes amendments listed above) |
||
|
Mining Amendment Regulations (No. 3) 2004 |
20 Aug 2004 p. 3619‑21 |
1 Jul 2005 (see r. 2) |
|
Mining Amendment Regulations (No. 5) 2004 9 |
28 Jan 2005 p. 360‑2 |
1 Jul 2005 (see r. 2) |
|
Mining Amendment Regulations (No. 3) 2005 |
20 May 2005 p. 2159 |
1 Jul 2005 (see r. 2) |
|
Mining Amendment Regulations (No. 4) 2005 |
24 Jun 2005 p. 2769-71 |
1 Jul 2005 (see r. 2) |
|
Mining Amendment Regulations (No. 2) 2006 10 |
3 Feb 2006 p. 573-605 |
10 Feb 2006 (see r. 2) |
|
Mining Amendment Regulations 2006 |
7 Feb 2006 p. 622-3 |
7 Feb 2006 |
2The Mining Amendment Act 1990 was operative 28 June 1991.
3The Mining Amendment Act 1993 s. 28 was operative 1 July 1994.
4Under the Alteration of Statutory Designations Order 2003, a reference in any law to the Department of Mines or to the Department of Minerals and Energy is, unless the contrary intention appears, to be read and construed as a reference to the Department of Industry and Resources.
5Under the Alterations of Statutory Designations Order (No. 3) 2001 a reference in any law to the Aboriginal Affairs Department is, unless the contrary intention appears, to be read and construed as a reference to the Department of Indigenous Affairs.
6Repealed by the Mining Act 1978.
7The Mining Amendment Regulations (No. 6) 2001 r. 13 reads as follows:
“
13.Saving
Despite the amendments effected by these regulations, the Mining Regulations 1981 as in force immediately before the commencement of these regulations continue to apply in relation to the determination and payment of, and returns in respect of, royalties for minerals first sold, transferred or otherwise disposed of before that commencement.
”.
8The Mining Amendment Regulations (No. 7) 2002 r. 6(2) reads as follows:
“
(2)Despite the repeal effected by subregulation (1), regulation 85A of the Mining Regulations 1981 as in force immediately before the commencement of these regulations continues to apply in relation to the month of December 2002.
”.
9The Mining Amendment Regulations (No. 5) 2004 r. 4(2) reads as follows:
“
(2)Despite the amendment effected by subregulation (1), the Table to regulation 86 of the Mining Regulations 1981 as in force immediately before the commencement of these regulations continues to apply for the purpose of determining the rate of royalty payable for ilmenite produced before that commencement.
”.
10The Mining Amendment Regulations (No. 2) 2006 r. 10(7) and (8) reads as follows:
“
(7)Despite the amendments made by this regulation, where, in relation to an existing licence, the commencement day is a day other than the anniversary date of the commencement of the term of the existing licence, regulation 21 of the Mining Regulations 1981 as in force immediately before the commencement day continues to apply for the purpose of determining the expenditure required for the year of the term of the existing licence in which the commencement day falls.
(8)In subregulation (7) —
“commencement day” means the day on which these regulations come into operation;
“existing licence” means an exploration licence in force under the Act on the day on which these regulations come into operation.
”.