Mining Amendment Regulations 1999 (WA)

11 June 19991 GOVERNMENT GAZETTE, WA 2543

MINERALS AND ENERGY

NIN301-

Mining Act 1978

Mining Amendment Regulations 1999

Made by the Governor in Executive Council.

1.            Citation

These regulations may be cited as the Mining Amendment
Regulations 1999.

2.            Commencement

These regulations come into operation on 1 July 1999.

3.            The regulations amended

The amendments in these regulations are to the Mining
Regulations 1981*.
[* Reprinted as at 18 March 1996.

For amendments to 18 May 1999 see 1998 Index to
Legislation of Western Australia, Table 4, pp. 215-6.]

4.             Regulation 15 amended

After regulation 15(1a) the following subregulation is inserted —

44

(lb) The specific provisions in regulation 96C, relating to allowable expenditure and non-allowable expenditure for the purposes of calculating expenditure under a

regulation.

licence, apply when calculating expenditure under this
regulation.

5.            Regulation 21 amended

After regulation 21(1d) the following subregulation is inserted —

44

(le) 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

2544 GOVERNMENT GAZETTE, WA 111 June 1999

6.            Regulation 31 amended

After regulation 31(1 a) the following subregulation is inserted -

MI

(lb) 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.

7.            Regulation 42A amended

Regulation 42A(1) is amended by deleting 'section 9l and inserting instead -

" section9lAor9lB ".

8.            Regulation 62 amended

Regulation 62(1) is repealed and the following subregulation is inserted instead -

IE

(1) A person who makes an application for a mining

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 tenement which is marked out to comprise an area in for a mining tenement in respect of that surplus land.

9.            Regulation 96 amended

(1)	Regulation 96(2)(b) is amended by deleting "6 months" and inserting instead -
44 3 months ".
(2)	Regulation 96(3) is amended by inserting after "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

(3)	Regulation 96(7)(b) is amended by deleting "6 months" and inserting instead -
44

3 months

11 June 19991 GOVERNMENT GAZETTE, WA 2545

10.          Regulation 96C inserted

After regulation 96B the following regulation is inserted -

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.

(2) Where the cost of a survey is claimed under

subregulation (1) -

(a) a copy of the survey must be submitted to the Registrar of Aboriginal Sites (appointed under section 37 of the Aboriginal Heritage Act 19 72)

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.

(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.

(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.

11.          Regulation 126 amended

Regulation 126 is amended by deleting "7 days" and inserting instead -

44

30 days

2546 GOVERNMENT GAZETTE, WA 111 June 1999

12.           First Schedule amended

(1) The First Schedule is amended by deleting Form 5 and inserting

instead -

IE

Form 5 WESTERN AUSTRALIA Page /

Mining Act 1978

(Secs. 51, 68, 70H, 82 and I iSA)

(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.)

Annual:  Final:

Tenement Type: I Number:

I

Reporting Period:  From: / / To:

MINERAL-EXPLORATION AND/OR MINING ACTIVITIES

Itemize
activities and

expenditure

A. MINERAL-EXPLORATION ACTIVITIES: $

on

Attachment I

B. MINING ACTIVITIES: S

Esidence of

lodgement to	C.	ABORIGINAL HERITAGE SURVEYS:	S
be prosidad	Copy lobe lodged mmdth the Registrar of AboriginalSiles.

D. ANNUAL TENEMENT RENT AND RATES: I S

E. ADMINISTRATION/OVERHEADS:  I S

F.	(OTHER) LAND ACCESS/NATIVE TITLE S	S
COSTS:
Jointly not to exceed 2()% of the nalninsum comm,lnmenl or expenditure on the achy! lies s/moan above. u*Iclaeser Is the greaser (seepage 4for instructions).

TOTAL EXPENDITURE:  I S

N.B. Full details and results of mineral-exploration activities must be submitted in the annual mineral-exploration report OR

in accordance with section I 15A of the Act and the guidelines published under regulation 96B.

Itemize

activities and PROSPECTING AND/OR SMALL SCALE MINING ACTIVITIES

expenditure on Attachment 2	TOTAL EXPENDITURE:	$
(A to E ON ATTACHMENT 2)

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 time prescribed fee in accordance with regulation 96(3).

11 June 19991 GOVERNMENT GAZETTE, WA 2547

Page 2

Full same

and address	NAME:
of holder/s.
ADDRESS:
Full name
and address	NAME:
of operator
manager (ii	ADDRESS:
mining tenement under option
or joint venture).
List here	Mineral-exploration report (for single tenement)
details	of Ih.
related

annual	Title:	I	I
mineral-
exploration

report	Combined mineral-exploration report (for group of two or more tenements)
Title:  I I
Combined reporting number for tenement group: I C /
Combined reporting date for group:
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.

Signature of

Date:

holder or agent

(Tick

appropriate	MINERAL COMMODITY SOUGHT ON TENEMENT
box and show

0 Gold n

expenditure. If more than one Is I

commodity	El	lion ore	Is	IEl MSx1s	Is	I
sought, tick
appropriate
boxes and	LI NickeLCobalt	$	I	LI o*	I $	I
allocate
expenditure

for each El CY[s I

one).	Ziilv'
This page is not to be C01)iCd in conjunction with regulation 96(3).
Now	This operations report

s Il CIrsll \ I I .VITACHMENT2—Sl \ I \ I \Ie\ received

\IMAR\ (II \ll'sRAl..	OR	OP PROSPECTING ANI)OR
\	l'l.ORATION AND/OR	SMALL SCALE MINING

SuN ING ACTIVITIES	ACTIVITIES
(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 I 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 I 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.

2548	GOVERNMENT GAZETTE, WA	111 June 1999
Page 3

INSTRUCTIONS FOR FIlE (OMPLETION OF FORMS

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. 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 two pages (as shown on this

form) plus Attachment I 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 B 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 consists of the two pages (as shown on this form) gg 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, hews', 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 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.

11 June 19991 GOVERNMENT GAZETTE, WA 2549

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 OVERliEADS literature studies, training, etc

F.	LAND ACCESS/NATIVE TITLE
compensation. All other native title and land access costs including private land access costs but excluding payments for 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 two 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 1 ISA(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.

S. All data in mineral-exploration reports will be kept confidential by the Department and maybe available for release in

accordance with regulation 96.

COPYRIGHT

9.      Each mineral-exploration report must show that written authorization 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 authorized 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.

2550 GOVERNMENT GAZETTE, WA 111 June 1999

ATTACII\IENT1

SUMMARY OF MINERAL EXPLORATION AND/OR
MINING ACTIVITIES

(Complete in accordance with instructions on pages 3 and 4.)

Tenement Type: _______________________ Number: I

Reporting Period:  From: / / To: I I

A.	Mineral-Exploration Activities
B.	Mining Activities (Development and Production)

Itemize as appropriate

C. I)otu!utIaI I Ietitae Stitevs

Use a
separate
sheet if

necessary.

tinnal leitetnetit Rent and Rates

l..Adm i n istration and O emImeatls

F. Land Access/Native Title

TOTAL EXPENDITURE I $ I

A copy of this page can be obtained by any person on the payment of the prescribed fee in accordance with regulation 96(3).

11 June 19991 GOVERNMENT GAZETTE, WA 2551

ATTACH\1l;\T2

SUMMARY OF PROSPECTING AND/OR SMALL SCALE

MINING ACTIVITIES

(Complete in accordance with instructions on pages 3 and 4)

Tenement Type:  I I Tenement No: I /

Reporting Period:  From: / To:

A. General Prospecting Activities

Metal Detecting:

No. of days worked j at $ I I $ I

Loaming, panning, sampling, dollying, dry-blowing:

No. of days worked	at $	I	$	I
Costeaning/trenching:

No. excavated I I No. of days I I I $ I

Other activities (specify):

I	I	No. of days worked	at S	I	I	$	I
I	I	No. of days worked	at S	I	I	$	I
I	I	No. of days worked	at S	I	I	$	I

Plant and equipment hire:	I	$	I
Fuel, oils, etc.:	I	$	I
Field supplies (food consumables, etc.):	I	$	I

St li101Al. S

AND/OR

B. Small Scale Mining Activities

Construction:

No. of days worked	at S	I	$	I
Development:

No. of days worked	at $	I	I	$	I
Construction materials:	I	I
Plant and equipment hire:	I	$	I
Fuel, oils, etc.:	I	I

Field supplies (food consumables, etc.): I $ I

Tonnes of ore/rock/dirt mined or treated: I I

SUBTOTAL (B) I $ I

Aboriginal Heritage Surveys:	SUBTOTAL (C) I $	I
(a cops must be lodged with the Registrar of Aboriginal Sites)

Annual Tenement Rent and Rates:	SUBTOTAL (D) I $	I
Administration/Overheads/Native Title:	SUBTOTAL (E) I $	I

(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) is I

A copy of this page can be obtained by any person on the paYment of the prescribed fee in accordance ss itli icgulauon 96(3.

2552 GOVERNMENT GAZETTE, WA [11 June 1999

(2) The First Schedule is amended in Form 9 by deleting "91)" and

inserting instead —
" 91A, 91B)

13.         Second Schedule amended

(1)	The Second Schedule is amended in item 1 by deleting
"Graticular exploration licence per block Reg. 18 82.40"
and inserting instead —

44

Graticular exploration licence

(a) one block Reg. 18 200.00

(b)	more than one block
(per block) Reg. 18 82.40

(2) The Second Schedule is amended in item 2 in the subitem

relating to Application fee for an Exploration Licence (one

block) by deleting "400.00" and inserting instead —

" 100.00 ".

(3) The Second Schedule is amended by deleting item 11A and

inserting the following item instead —

44

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) 4.60

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.