Mining Amendment Regulations 1997 (WA)

4 April 1997) GOVERNMENT GAZETTE, WA 1777

Regulations 1997.

MINERALS AND ENERGY

MN301

MINING ACT 1978

MINING AMENDMENT REGULATIONS 1997

Made by His Excellency the Governor in Executive Council.

Citation

1. These regulations may be cited as the Mining Amendment

1778 GOVERNMENT GAZETTE, WA [4 April 1997

Principal regulations

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

principal regulations.

[* Reprinted as at 18 March 1996.

For amendments to 18 March 1997 see Gazette 19 April and

13 September 1996.1

Regulation 10 amended

3.      Regulation 10 (2) (a) of the principal regulations is amended by deleting

"of Mines" in the second place where it occurs.
Regulation 23B amended

4.      Regulation 23B (2) of the principal regulations is amended by deleting

"70D (7)" and substituting the following -

is 70D (9) ".

Regulation 42B amended

5.      Regulation 42B of the principal regulations is amended by inserting after

paragraph (i) the following paragraph -

44 (ia) a search for groundwater; ".

Regulation 54 amended

6.      Regulation 54 (3) of the principal regulations is amended -

(a)	by deleting ", prior to the hearing or determination of the application,'; and
(b)	by deleting "exemption." and substituting the following -

44

exemption -

(a)	within 28 days of the lodgement of the application; or
(b)	within such further period as the Director General of Mines may approve prior to the

Regulation 55 amended expiry of the period referred to in paragraph (a).

7. Regulation 55 of the principal regulations is amended by inserting after

"section 102" the following -

or within such further period as the warden considers reasonable, ".

Regulation 64 amended

8.      Regulation 64 of the principal regulations is amended by inserting after

subregulation (5) the following subregulation -

it

(5a) Subregulation (5) does not apply in relation to an application

for a special prospecting licence under section 56A, 70 or 85B. tv

Regulations 66A and 67A repealed

9.      Regulations 66A and 67A of the principal regulations are repealed.

4 April 19971 GOVERNMENT GAZETTE, WA 1779

Regulation 86E amended

10.      Regulation 86E of the principal regulations is amended by deleting

"Department of Main Roads" and substituting the following -

it

department principally assisting the Minister to whom the administration of the Main Roads Act 1930 is committed in the administration of that Act 91

Regulation 106 amended

11.      Regulation 106 (1) and (2) of the principal regulations are amended by

deleting Mining Registrar" and substituting in each case the following -

it mining registrar ".

Regulation 109 amended

12.      Regulation 109 of the principal regulations is amended -

(a) by inserting after the regulation designation "109." the

subregulation designation "(1)";

(b) by deleting "Fees" and substituting the following -

Subject to subregulation (2), fees "; and

(c) by inserting the following subregulation -

it

(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. 19

Regulation 110 amended

13.      Regulation 110 (1) of the principal regulations is amended by deleting

"Mining Registrar" and substituting the following -

it

mining registrar ".

Regulation 112 amended

14.      Regulation 112 (1) (a) of the principal regulations is amended by

inserting after "26" the following -

Cc

or 70F ".

Regulation 127A amended

15.      Regulation 127A of the principal regulations is amended -

(a)	by inserting "and" after paragraph (a);
(b)	by deleting paragraphs (b) and (c) and "and" after paragraph (b) and substituting the following paragraph -

49 (b) Manager, "; and

(c) by deleting "department" and substituting the following -

It

Department ".

1780 GOVERNMENT GAZETTE, WA [4 April 1997

First Schedule amended

16.      The First Schedule to the principal regulations is amended - (a) under the heading "Schedule of Forms" -

(i)	Traditional 'Usage";	by deleting "16A. Notice of Objection - Rights of
(ii)	by deleting "21A. Report of approved surveyor.";
(iii)	by inserting after "24. Caveat." the following -
it

24A. Withdrawal of Caveat. "; and

(iv)	by inserting after "43.	Injunction." the following -
44

44. Report of Approved Surveyor. ";

(b) in the heading to Form No. 7 by deleting "70B" and substituting
the following -

61 116 ";

(c) in the heading to Form No. 9 by inserting after "23A," the
following -

44 23F, ":

(d)	by deleting Form No. 16A;
(e)	in Form No. 17 by deleting "Mining Registrar's office" and substituting the following -

office of the mining registrar

(f) in Form No. 18 by deleting "Mining Registrar's office" and
substituting the following -

it

office of the mining registrar

(g) in Form No. 21 -

(i)      by deleting -

it

OBJECTIONS to this application may be lodged at the Mining Registrar's office at ..............on

or before the .......day of .......19 . . . . (see

day of .......19 ...... It

Note 4) and the hearing will take place on the ......

and substituting the following -

cc

OBJECTIONS to this application may be lodged at the office of the mining registrar at .............. on or before the .......day of .......19 . . . . (see Note 4).

hearing will take place on a date to be set. Where an objection to this application is lodged the

and

(ii)      by deleting "OBJECTIONS on grounds relating to rights of

traditional usage must be lodged on or before the........

day of ........19 ........

(h) in the heading to Form No. 32 by deleting "Secs. 70F, 126" and
substituting the following -

" Sec. 126 "; and

4 April 19971 GOVERNMENT GAZETTE, WA 1781

(i) in Form No. 39 by inserting after "FORTHWITH TO LEVY" the
following —

" BY DISTRESS AND SALE OF THE GOODS ".

Second Schedule amended

17. (1) The Second Schedule to the principal regulations is amended in

item 1 by deleting —

it

Miscellaneous licence per hectare or part

thereof Reg. 39 9.30

and substituting the following —

Miscellaneous licence per hectare or part thereof —

(a) for the purpose referred to in regulation 4213 (ia) Reg. 39 0.30

(b) for any other purpose 9.30

Reg. 39

(2) The Second Schedule to the principal regulations is further amended

by deleting item 14.

By His Excellency's Command,

J. PRITCHARD, Clerk of the Council.