Mining Amendment (COVID-19 Response) Regulations 2020 (WA)

30 June 2020 GOVERNMENT GAZETTE, WA 2281

Mining Act 1978

Mining Amendment (COVID-19 Response)

Regulations 2020

SL 2020/108

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Mining Amendment (COVID-19
Response) Regulations 2020.

2.            Commencement

These regulations come into operation as follows -

(a)	regulations 1 and 2—on the day on which these regulations are published in the Gazette (gazettal day);
(b)	regulations 4(3), 6 and 7(2) - on 1 July 2021;
(c)	the rest of the regulations - on the day after gazettal day.

published on the Department's website.

3. Regulations amended
These regulations amend the Mining Regulations 1981.

4.           Regulation 54 amended

(1) Delete regulation 54(lb) and insert:

(IB) A copy of a Form 18 lodged under section 102 must be

GOVERNMENT GAZETTE, WA 30 June 2020

Mining Amendment (COVID-19 Response) Regulations 2020

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(2)	After regulation 54(3) insert:
(4) An applicant for a certificate of exemption under regulation 55 need not comply with subregulation (3) but must instead lodge with the application evidence of the applicant's inability to meet the expenditure requirements applicable to the applicant's licence as a result of the COVID-19 pandemic or a restriction imposed under a written law in response to the COVID- 19 pandemic.
(3)	Delete regulation 54(4).

5.            Regulation 55 inserted

After regulation 54 insert:

55.	Certificate of exemption (Act s. 102(3)): provisions relating to COVID-19 pandemic
For the purposes of section 102(3), a holder of a prospecting licence or an exploration licence may apply for a certificate of exemption under section 102(1) or 102A(1) if the holder is unable to
holder's licence as a result of the consequences of - meet the expenditure requirements applicable to the (a) the COVID-19 pandemic; or

(b) a restriction imposed under a written law in response to the COVID-19 pandemic.

6. Regulation 55 deleted
Delete regulation 55.

30 June 2020 GOVERNMENT GAZETTE, WA 228:3

Mining Amendment (COVID-19 Response) Regulations 2020

r. 7

7.      Regulation 146 amended

(1) After regulation 146(2)(a) insert:

(aa) where the application being objected to is for a regulation 54(1B); or

certificate of exemption under regulation 55 —
14 days after the day on which a copy of the

(2)	Delete regulation 146(2)(aa).
8.	Schedule 1 Form 18 amended In Schedule 1 Form 18 delete:

Note 1: A statutory declaration setting out reasons in support of the application must be lodged

at any mining registrar's office 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.)

R. NEILSON, Clerk of the Executive Council.