Mining Amendment Regulations 2011 (WA)

39'2 GOVERNMENT GAZETTE, WA 4 February 2011

MINERALS AND PETROLEUM

A1P301*

Mining Act 1978

Mining Amendment Regulations 2011

Made by the Governor in Executive Council.

I.            Citation

These regulations are the Mining Amendment Regulations 2011.

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;
(b)	the rest of the regulations — on the day after that day.

3.            Regulations amended

These regulations amend the Mining Regulations 1981.

4.            Schedule 4 amended

(1) In Schedule 4 clause 2 delete the Table and insert:

Table — Hourly and daily rates

Maximum

Fee earner allowable

hourly rates

Senior Lawyer	hourly rate	$330
Junior Lawyer	hourly rate	$231
Clerk/Paralegal	hourly rate	$110

4 February 2011 GOVERNMENT GAZETTE, WA 393

Maximum

Fee earner allowable

hourly rates

Counsel fees charged as a disbursement to lawyers or charged by in-house Counsel: Counsel	(C)	hourly rate	$253
daily rate	$2 530
Senior Counsel	(SC)	hourly rate	$429
daily rate	$4290

(2) In Schedule 4 clause 3 in the Table:

(a) delete items 1 to 14 and insert:

1.            Commencing proceedings -

(a) Application or objection,

including instructions	330
For each additional respondent	44

(b)	Particulars (including
preparation and lodgment) 8 hour SL 2640

2.            Response -

(a) Lodging a response 165

(b) Particulars (including

preparation and lodgment) 8 hours SL 2640

3.            Disclosure -

Gi ing additional disclosure where

ordered by the warden 3 hours .IL 693

4.            Inspection -

Inspection and giving inspection per hour JL 231

5.            Interlocutory applications -

Proceedings and/or responses to	1 day
applications (including all	preparation
documentation and preparation for	/2 day

hearing) hearing C 3 795

Note: In relation to the above, if the

proceedings do not commence and settle or adjourn on the day of the hearing then the Assessing Officer shall allow such amount as is

reasonable in the circumstances.

6.            Applications and attendances before

the warden I hour SL 330

7.            Offers of settlement, notices, practice directions, applications, declarations. memoranda, affidavits -

(a) Offers of settlement 2 hours SL 660

(b) Acceptance of offer of settlement 2 hours SL 660

(c) Other notices referred to or required by regulations or practice directions not otherwise

specified in this scale 110

(d) Preparation lodging and service
of affidavits and statutory
declarations not otherwise

______ provided for per hour SL 330

394 GOVERNMENT GAZETTE, WA 4 February 2011

(e) Drawing and serving of

interlocutory orders (where

ordered or required) 2 ii. 462

S. Getting up—

Preparation for hearing (includes work reasonablN and necessarily undertaken prior to commencement of

proceedings) 50 hours SI 16 500

9.            Hearing -

(a) Fee on brief for Counsel i.e. first

day of hearing and preparation	2 da
preparation 1st day of trial C 7590

(b)	Fee on brief for Senior Counsel	2 days
i.e. first day of hearing and	preparation
preparation (where 2 or more	1st day of
Counsel are certified for)	trial S(' 2
(c)	Counsel fee for the second and
each successive day of hearing	C'	2

(d)	Counsel fee for Senior Counsel for second and each successive day of hearing (where 2 or more Counsel are certified for)	S(	1
(e)	Instructing lawyer attending hearing, where certified for

(t) Clerk attending hearing per hour JL 231

Note: In relation to paragraphs

(a)	-	(/) if—
The hearing lasts less than 2 hours: or

(2) The hearing does not commence

and settles or adjourns on the

day of the hearing,

then the Assessing Officer shall allow
such amount as is reasonable in the

circumstances.

(g) Attending on reserved

determination per hour SI 330

10. Mention hearings per hour SI 330

11. Determinations -

(a)	Settling and extracting determination
(i) with appointment 1 hour IL 231
(ii) without appointment 165
(b)	Issue of certified copy of
determination 0.5 hours PL 110

12.          Enforcement -

Lodgment of an application to

enforce a determination pursuant to

Civil Judgments Enforcement

Act 2004 165

13.          Registration of determinations -

Registration of determinations

including those under Service and

Execution of Process Act 1992

(Commonwealth) 165
14.	Assessment of costs including drawing bill -

Lodgment of bill of costs 44

______ (a)

4 February 2011 GOVERNMENT GAZETTE, WA 395

(b)	Drawing bill of costs. copies	)	SL	Such amounts
and service	)	as are reasonable in
(c)	Making an objection to a bill	)	the circumstances
(d)	Assessment of costs (including	)
the time spent in preparing for	)
the assessment)	)

(b) delete item 18 and insert:

18.          Other work —

(a) Time reasonably spent by a SC 429

lawyer on work requiring the	SL	330
skill of a lawyer (of the standing	C	253
indicated) but not covered by any	JL	231

other item per hour PL 110

or

(b) Time reasonably spent by a lawyer, or by a clerk or paralegal of a lawyer, on work not covered by any other item or by paragraph (a)

By Command of the Governor,

G. MOORE, Clerk of the Executive Council.