Mining Amendment Regulations 1995 (WA)
13 October 19951 GOVERNMENT GAZETTE, WA 4813 MN301 MINING ACT 1978
MINING AMENDMENT REGULATIONS 1995
Made by His Excellency the Governor in Executive Council.
[* Reprinted as at 11 August 1988. For amendments to 28 September 1995 see 1994 Index to
Legislation of Western Australia, Table 4, pp. 190-193, and Gazette of 19 May and 30 June 1995.1 Citation
1. These regulations may be cited as the Mining Amendment Regulations
1995.
Commencement
2. These regulations come into operation on the day on which section 3 of
the Mining Amendment Act 1994 comes into operation.
Principal regulations
3. In these regulations the Mining Regulations 1981* are referred to as the
principal regulations.
| 4814 | GOVERNMENT GAZETTE, WA | [13 October 1995 |
Regulation 2 amended
4. Regulation 2 of the principal regulations is amended by inserting after
the definition of "graticular section" the following definition -
''
"mineral exploration report" has the same meaning as it has
in section 115A (1);
Regulation 18A inserted
5. After regulation 18 of the principal regulations the following regulation
is inserted --
Prescribed procedure for certain applications
18A. (1) This regulation applies to applications for exploration licences in respect of an area that are made at the first available opportunity after that area - (a) has been surrendered under section 65; or (b) has become forfeited under section 96A or 97. Applications to which this regulation applies shall be for that purpose at the office of the mining registrar.
lodged by placing the applications in a tray specifically identified (2) waiting to lodge applications to which this regulation applies (3) When the mining registrar is satisfied that all persons
have placed their applications in the tray in accordance with
subregulation (2), the mining registrar shall remove the tray.
the mining registrar shall be regarded as having been lodged - (4) The applications contained in the tray after removal by
(a) surrendered under section 65, on the date and at the in the case of applications in respect of an area time endorsed on the public plans of the Department under regulation 23 (c) as the date and time for the release of the area surrendered; and
(b) forfeited under section 96A or 97, at the same time on in the case of applications in respect of an area the date on which notice of the forfeiture was
published in the Government Gazette.
Regulation 21 amended 6. Regulation 21 of the principal regulations is amended -
(a) in subregulation (1) -
(i) by inserting after "term of the licence" the following -
"
or, where the term of the licence is extended 5 years of that term under section 61 (2), during each of the first
(ii) by deleting the comma at the end of paragraph (b) and substituting a full stop; and (iii) by deleting all of the subregulation after paragraph (b);
(b) in subregulation (laa) by inserting after "subregulation (1)" the following - or (ib)
13 October 19951 GOVERNMENT GAZETTE, WA - 4815
(c) by inserting after subregulation (la) the following subregulation -
it
extended under section 61 (2), the holder of the exploration licence shall expend, or cause to be (ib) If the term of an exploration licence is
expended, in mining on or in connection with mining
on the licence -
(a) during the sixth and seventh year of the term of the licence, not less than $50 000 per year;
during the eighth, ninth and any
(b) subsequent year of the term of the licence, not less than $100 000 per year,
irrespective of the area of the licence or, in the case of a graticular exploration licence, the number of blocks that are subject to the licence.
and
(d) by inserting after subregulation subregulation - (2) the following exploration licence the holder of the licence is directly (3) If during a particular year of the term of an
engaged part-time or full-time in mining on land the subject of the licence, an amount eauivalent to the wages the holder would otherwise have earned if
similarly employed elsewhere in the district is to bedeemed to have been expended during that year.
Regulation 22 amended
deleting "68 (2) of the Act" and substituting in each case the following - 7. Regulation 22 (1) and (2) of the principal regulations are amended by 68 (3)
Regulations 23AA and 23AB inserted S. After regulation 23 of the principal regulations the following regulations are inserted -
Refund of rent following unsuccessful application under section 65 (la)
23AA. (1) If the holder of an exploration licence makes an application under section 65 (la) for anon and an exemption is not granted the holder is entitled to a pro-rata refund of rent paid on tie blocks surrendered for the period commencing on the day on which the surrender takes effect under section 65 (ib).
(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.
| 4816 | GOVERNMENT GAZETTE, WA | [13 October 1995 |
Prescribed circumstances under section 61 (2) (a)
23AB. For the purposes of section 61 (2) (a), the Minister may extend the term of an exploration licence if the Minister is satisfied that - (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; or(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,
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 whole or a considerable part of any year of the
term; orthe Minister considers sufficient been unworkable for (c)
further exploration on the basis that - work already carried out under the licence justifies (i) significant mineralisation has been discovered;
ora new or revised geological concept is being
used to identify new areas of mineralisation.
Regulation 23A amended
9.
deleting "exceptional". Regulation 23A (1) (c) (iii) of the principal regulations is amended by Regulation 37 amended 10. Regulation 37 of the principal regulations is amended by inserting after
subregulation (2) the following subregulation -
if
miscellaneous licence the applicant shall lodge at the office of the (3) Within 35 days of the date of application for a mining registrar written details of -
(a) any works to be constructed in connection with the licence;
the proposed manner of construction of such works;
(b) and any operations to be carried out on the land the
(c) subject of the application.
Regulation 40 repealed
11. Regulation 40 of the principal regulations is repealed.
13 October 19951 GOVERNMENT GAZETTE, WA 4817 Regulation 42B repealed and a regulation substituted
12. Regulation 4213 of the principal regulations is repealed and the
following regulation is substituted -
'C
Prescribed purposes for grant of miscellaneous licence
42B.
may be granted for the use of land ?or one or more of the For thepurposes of section 91 (1) a miscellaneous licence 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) abridge; (1) taking water
(j) hydraulic reclamation and transport of tailings; (k) an aerodrome; (I) 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 47A inserted
13. After regulation 47 of the principal regulations the following regulation
is inserted - " Refund where conditional surrender of mining lease or general purpose lease
47A. (1) If—
(a) lease surrenders the lease in whole or in part under the holder of a mining lease or a general purpose 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.
| 4818 | GOVERNMENT GAZETTE, WA | t13 October 1995 |
Regulation 54 amended
14. Regulation 54 of the principal regulations is amended by inserting after
subregulation (la) the following subregulation -
94
application for a certificate of exemption under section 102, post a (ib) The mining registrar shall, on the lodging of an copy of the application on the notice board at his office.
Regulation 55 repealed and a regulation substituted
15. Regulation 55 of the principal regulations is repealed and the following
regulation is substituted -
"
Objection to application for exemption
55. A person may within 21 days of the date of lodgement of an application for a certificate of exemption under section 102 lodge an objection against that application in the form No. 16 in the First Schedule.
Regulation 64 amended
16. Regulation 64 of the principal regulations is amended
(a) substituting the following - in subregulation (la) by deleting "shall be accompanied by" and
is "; and includes
(b) in subregulation (3) by inserting after "8513" the following - 94
91
Regulation 64A repealed and a regulation substituted
17. Regulation 64A of the principal regulations is repealed and the
following regulation is substituted -
it
Notice of application for prospecting licence, exploration licence, retention licence or mining lease
64A. For the purposes of sections 41 (2), 58 (4), 70C (4) and
shall be - 74 (3) the notice required to be served on the owner and occupier
(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 70A amended
18. Regulation 70A of the principal regulations is amended by inserting
after subregulation (2) the following subregulations -
pro-rata refund of rent paid on the secondary tenement for the under section 67A (1) is granted, the applicant is entitled to a (3) If an application to amalgamate a secondary tenement
period commencing on the day on which the application is
granted.
13 October 1995) GOVERNMENT GAZETTE, WA 4819
(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 91 amended
19. Regulation 91 (1) of the principal regulations is amended -
(a) by inserting after "Department" the following -
at Perth "; and
(b) by inserting after "requires, by" the following -
a mining registrar or ".
Regulation 96 repealed and regulations 96, 96A and 96B substituted
20. Regulation 96 of the principal regulations is repealed and the following
regulations are substituted -
Release of information contained in reports
96. (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;
"operations report" has the same meaning as in
section 115A (1);
"release" means publish, print, reproduce or otherwise make available to the public.
a mineral exploration report an operations report or a report (2) The Minister may only release information contained in required under regulation 36 (ci) or 41 (d) -
(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) immediately following the surrender, forfeiture, after the expiry of the period of 6 months 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).
the prescribed fee, obtain at the Department at Perth a copy of (3) Despite subregulation (2), a person may, on payment of
the front page of an operations report in the form No. 5 in the
First Schedule.
information contained in a mineral exploration report, operations (4) Subject to subregulation (5), the Minister may release
has been held at the Department for a period of 10 years or more. report or report required under regulation 36 (d) or 41 (d) that
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The Minister may, upon the written application of the in renewal of or substitution for such a mining tenement, refuse to release information contained in the report for a further period or further periods not exceeding 5 years in each case.
holder of a mining tenement the subject of information in a report referred to in subregulation (4) or of a mining tenement granted (5)
reasons why the information contained in the report should not (6) An application under subregulation (5) shall set out the be released immediately.
(7) If—
a mining tenement, or part of a mining tenement, the
(a) 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 6 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.
Authorization for release of information in mineral exploration reports
96A. (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 authorization 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, authorize 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 authorization 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 authorization; 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.(4) 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.
Publication of guidelines - mineral exploration reports
96B. The guidelines referred to in section 115A shall be published in the Government Gazette in a form approved by the Director General of Mines.
,,
13 October 19951 GOVERNMENT GAZETTE, WA 4821 Regulation 112 amended
21. Regulation 112 of the principal regulations is amended -
(a) by inserting after the regulation designation "112." the subregulation designation "(1)";
(b) by deleting "of the Act" wherever it occurs; and (c) by inserting the following subregulation - applicant shall lodge a security within 28 days of (2) For the purposes of sections 52 and 60, the lodging the application to which the security relates.
Regulation 116 amended
22. Regulation 116 of the principal regulations is amended in the definition
of "the Director" -
(a) by deleting "Surveys and Mapping" and substituting the following -
Mineral Titles "; and
(b) by deleting "the Public Service Act 1978" and substituting the following -
95
Part 3 of the Public Sector Management Act 1994
Part VIE inserted
23. After regulation 1200 of the principal regulations the following Part is
inserted -
lu
PART VIE - AERIAL PHOTOGRAPHY
Interpretation in Part VIE
120P. In this Part - "aerial photography" means aerial photography for the purposes of mineral exploration;
"contractor" means a person who undertakes aerial photography; "the Director" means the person for the time being holding or acting in the office of the Director of the Geological Survey Division of the Department.
Information to be provided as to aerial photography
120Q. (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;
| 4822 | GOVERNMENT GAZETTE, WA | [13 October 1995 |
the focal length of the camera lens used for the
(iii) 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
the name and address of the person who
(f) commissioned the aerial photography. commits an offence. (2) A contractor who fails to comply with subregulation (1) Register
120R. (1) The Director shall keep a register of the information provided under regulation 120Q.
thinks fit. (2) The register shall be kept in such form as the Director for public inspection during the normal office hours of the (3) Subject to regulation 120S, the register shall be available
Department.
application to the Director, obtain a copy of an entry in the (4) Subject to regulation 120S, a person may, upon register.
The Director may amend, add to and correct the register record of the information it contains.
in such manner as is necessary to make the register an accurate (5) Confidentiality of information
120S. (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 made available to the public during the period that it is so
classified as confidential under subregulation (1) shall not be
classified.
Regulation 127A amended
24. Regulation 127A of the principal regulations is amended -
by deleting "Mining Registration" and substituting the
(a) following - 99
Mineral Titles "; and
(b) by inserting after "before a warden" the following - or a mining registrar
13 October 19951 GOVERNMENT GAZETTE, WA 4823 First Schedule amended
25. The First Schedule to the principal regulations is amended —
(a) in form 4 by deleting "2 years" and substituting the following —
" 4 years "; and (b) in form 21 by deleting paragraph (i) of Note 1 and substituting the following —
application for an exploration licence and must be (i) Attachments 1 and 2 form part of every
lodged with this form in lieu of (h), (i), (j) and (k) above. ff
By His Excellency's Command,
J. PRITCHARD, Clerk of the Council.
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