Mining Amendment Regulations 1992 (WA)

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31 July 19921 GOVERNMENT GAZETTE, WA 3775

MINES

MN301

MINING ACT 1978

MINING AMENDMENT REGULATIONS 1992

Made by His Excellency the Governor in Executive Council.

Citation

1.     These regulations may be cited as the Mining Amendment Regulations

19. 92

Principal regulations

2.      In these regulations the Mining Regulations 1981* are referred to as the

principal regulations.

[* Reprinted in the Gazette of 24 August 1988 at pp. 3147-3242.

For amendments to 15 May 1992 see 1991 Index to Legislation of

Western Australia pp.425-426.]

Regulation 5 amended

3.      Regulation 5 (a) of the principal regulations is amended by deleting "of

the" and substituting the following —

6;

of a ff.
3776 GOVERNMENT GAZETTE, WA [31 July 1992

Regulation 15 amended

4.     Regulation 15 of the principal regulations is amended by inserting after

subregulation (1) the following subregulation -

It (la) 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. ".

Regulation 21 amended

5.     Regulation 21 of the principal regulations is amended by inserting after

subregulation (1) the following subregulation -

It the month in which the anniversary date of the commencement of (laa) Expenditure incurred under subregulation (1) during
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. ".

Regulation 31 amended

6.     Regulation 31 of the principal regulations is amended by inserting after

subregulation (1) the following subregulation -

99        (la) 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. ".

Regulation 64 amended

7.     Regulation 64 (3) of the principal regulations is amended by deleting

"and (5) and substituting the following -

11

49

(5) and (6)

Regulation 76A inserted

S. After regulation 76 of the principal regulations, the following regulation is inserted -

Withdrawal of caveats

One or more caveats may be withdrawn by lodging a
" 76A.
withdrawal of caveat in Form 24A in the First Schedule with the
prescribed fee.

Regulation 83 amended

9.     Regulation 83 of the principal regulations is amended by deleting "a

discharge of mortgage in the form No. 26" and substituting the following -

it an instrument of discharge, in Form 26 or 26A, as applicable, ".

Regulation 110 amended

10.     Reulation 110 (2) of the principal regulations is amended by deleting

at Perth'.

Regulation 115 amended

11.     Regulation 115 of the principal regulations is amended by deleting

"$500" and "$100" and substituting respectively the following -

It 11
$5000 and " $1000
31 July 19921 GOVERNMENT GAZETTE, WA 3777

First Schedule amended

12.     The First Schedule to the principal regulations is amended -

(a) in Attachment 2 to Form 21 by deleting "BLOCK" wherever it

occurs and substituting the following -

PRIMARY

(b) by deleting Form 23 and substituting the following form -

Form 23 WESTERN AUSTRALIA

Mining Act 1978
(Regs. 75, 81, 84 & 134)
I STAMP DUTY
TRANSFER No.

INTEREST BEING

TRANSFERRED Details of Mining Tenement and Interest
(a) Type of tenement
(b) Number
(a) (b)
(c) Mineral Field
(c) (d)
(d) Number of shares
TRANSFEROR (e)
(e) Full name and

address

(1) In words — see CONSIDERATION (1)

Note 1

TRANSFEREE (g)
(g) Full name and
address
(h)
Mortgage number (h) and Mortgagee or
"NIL"
(See note 2)

THE TRANSFEROR for the consideration expressed HEREBY 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 19
TRANSFERORS sign here TRANSFEREES sign here
(i) Signature of transferor Signed (i) Signed (j)
(j) Signature of in the in the
transferee presence of (k) presence of (k).
(k) Signature of
witness Signed (i) Signed (j)
in the in the
presence of (k) presence of (k)
Signed (i) Signed (j)
in the in the
presence of (k) presence of (k)
LODGING PARTY (I)

(I) Full name and

address (for
return of
documents)

3778 GOVERNMENT GAZETTE, WA [31 July 1992

0

F Received at...........m.
F
Ion ...........................
C
E with fee of$..............
U
S
E (Mining Registrar)

Notes: 1.

Where the stamp duty shown on the transfer Is not in respect to 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 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.

(c) by inserting after Form 24 the following form -

Form 24A WESTERN AUSTRALIA

Mining Act 1978

(Sec. 122 Reg. 76A)

WITHDRAWAL OF CAVEAT No.(s)
(a) Full name & Caveator

Address of

Caveator (a)

(b) Specify

caveat(s) Caveat Number(s) and mining tenement(s) affected
and mining
to be withdrawn (b)
tenement(s)
affected
THE CAVEATOR HEREBY WITHDRAWS the
abovementioned caveat(s) against the interest in the mining
tenement(s) described above
DATED this day of 19
(c) Signature of Caveator or agent signs here Witness signs here

caveator

Signature of

(d) witness

Signed(c) .......................in the presence of (d) .....................

(e) LODGING

PARTY (e)
Full name and
address (for
return of
documents)
31 July 19921 GOVERNMENT GAZETTE, WA 3779

0

F Received at...........m.
F
Ion ...........................
C
E with fee of $ ..............

U S E

and

(d) by inserting after Form 26 the following form -
" Form 26A WESTERN AUSTRALIA
Mining Act 1978
(Reg. 83)
PARTIAL DISCHARGE OF MORTGAGE No.
(a) Full name & Mortgagee

Address of

Mortgagee (a)
(b) Date of Mortgage details

Mortgage

(c) Number of Mortgage (c)
(d) Specify Details of mining tenement(s) and shares against which
mining Mortgage discharged
tenement(s) and
state either (d)
"the whole" or
number of share
mortgage is
discharged from
(See Note 1)
(e) Full name of holders(s) of (e)
shares mortgage

is discharged
against

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 19
(1) Signature and/or SIGNATURE(S) WITNESS(ES) TO
company seal of SIGNATURE(S)

(a) the above

(1) .................................. (g) .........................................
(g) Signature(s) of
independent
witness

COMPANY
SEAL

3780 GOVERNMENT GAZETTE, WA [31 July 1992
LODGING PARTY (h)
(h) Full name and
address (for
return of
documents)
0
F Received at m.
F
I on
C
E with fee of $
U
S
E (Mining Registrar) r.

1)

NOTE 1: If Mortgage is to be totally discharged use Form 26.

Second Schedule amended

13. The Second Schedule to the principal regulations is amended in column 2 of

item 10, by inserting before "83", the following —

" 76A,

By His Excellency's Command,

M. C. WAUCHOPE, Clerk of the Council.

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