Mining Amendment Regulations 2019 (WA)
13 December 2019 GOVERNMENT GAZETTE, WA 4231 MINERALS AND PETROLEUM
MP301
Mining Act 1978
Mining Amendment Regulations 2019
These regulations amend the Mining Regulations 1981. Made by the Governor in Executive Council.
1. Citation
These regulations are the Mining Amendment Regulations 2019.
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 16 December 2019.
3. Regulations amended
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4. Regulation 2 amended
In regulation 2 insert in alphabetical order:
term of a mining tenement means the period for which
the tenement remains in force whether as originally
granted or as renewed, extended or otherwise
continued;
5. Regulation 16B amended
(1) In regulation 16B(1):
(a) in paragraph (b) delete "Form 9; and" and insert: Form 9.
(b) delete paragraph (c).
(2) Delete regulation 16B(2) and insert:
(2) Before the end of the period of 14 days from the day on
which the application is lodged, the applicant must
lodge information in support of the proposed ground
for extension.(3) If the licence is continued in force under the Act
pending the determination of the application and the
application is refused -
(a)
if the prescribed rent has been paid under regulation 109(4) - a pro rata refund of rent is to be paid to the applicant in respect of each whole month of the remaining period for which rent has been paid commencing on the day on
which the application is refused;
(b) if the prescribed rent has not been paid under regulation 109(4) - rent is to be paid by the applicant in respect of each whole month from the last anniversary date of the commencement
of the term of the licence until and including
the month during which the application is
refused.
6. Regulation 23A amended
(1) In regulation 23A(1):
(a) in paragraph (b) delete "Form 9; and" and insert: Form 9.
(b) delete paragraph (c).
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(2) Delete regulation 23A(2) and insert:
(2) Before the end of the period of 14 days from the day on
which the application is lodged, the applicant must
lodge -
(a)
information in support of the proposed ground for extension; and
(b)
a summary of work already carried out under the licence; and
(c)
a detailed programme of work proposed to be carried out under the licence.
(3) If the licence is continued in force under the Act
pending the determination of the application and the
application is refused -
(a) if the prescribed rent has been paid under regulation 109(4) - a pro rata refund of rent is to be paid to the applicant in respect of each whole month of the remaining period for which rent has been paid commencing on the day on which the application is refused; (b) if the prescribed rent has not been paid under regulation 109(4) - rent is to be paid by the applicant in respect of each whole month from the last anniversary date of the commencement
of the term of the licence until and including
the month during which the application is
refused.
7. Regulation 23F amended
(1) Delete regulation 23F( 1 )(b).
(2) Delete regulation 23F(2) and insert:
(2) Before the end of the period of 14 days from the day on
which the application is lodged, the applicant must
lodge -
(a)
a report setting out a summary of any work and any investigations carried out under the licence; and
(b)
a detailed programme of any work and any investigations proposed to be carried out under the licence; and
(c)
a statutory declaration stating that mining of the identified mineral resource remains impracticable for one or more of the reasons referred to in section 70C(2) (and setting out
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that reason or those reasons in the statutory
declaration).
(3) If the licence is continued in force under the Act
pending the determination of the application and the
application is refused -
(a) if the prescribed rent has been paid under
regulation 109(4) - a pro rata refund of rent is to be paid to the applicant in respect of each
whole month of the remaining period for which
rent has been paid commencing on the day on
which the application is refused;(b) if the prescribed rent has not been paid under regulation 109(4) - rent is to be paid by the applicant in respect of each whole month from the last anniversary date of the commencement
of the term of the licence until and including
the month during which the application is
refused.
8. Regulation 29 amended
(1) Delete regulation 29(1 )(b).
(2) Delete regulation 29(2) and insert:
(2)
If the lease is continued in force under the Act pending the determination of the application and the application is refused -
(a) if the prescribed rent has been paid under
regulation 109(4) - a pro rata refund of rent is to be paid to the applicant in respect of each
whole month of the remaining period for which
rent has been paid commencing on the day on
which the application is refused;
(b) if the prescribed rent has not been paid under regulation 109(4) - rent is to be paid by the applicant in respect of each whole month from the last anniversary date of the commencement of the term of the lease until and including the month during which the application is refused.
9. Regulation 36A amended
(1) Delete regulation 36A( 1 )(b).
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(2) Delete regulation 36A(2) and insert:
(2)
If the lease is continued in force under the Act pending the determination of the application and the application is refused -
(a) if the prescribed rent has been paid under regulation 109(4) - a pro rata refund of rent is to be paid to the applicant in respect of each whole month of the remaining period for which rent has been paid commencing on the day on which the application is refused; (b) if the prescribed rent has not been paid under regulation 109(4) - rent is to be paid by the applicant in respect of each whole month from the last anniversary date of the commencement of the term of the lease until and including the month during which the application is refused.
10. Regulation 42A amended
(1) Delete regulation 42A(1)(b). (2) Delete regulation 42A(2) and insert:
(2) If the licence is continued in force under the Act
pending the determination of the application and the
application is refused -
(a)
if the prescribed rent has been paid under regulation 109(4) - a pro rata refund of rent is to be paid to the applicant in respect of each whole month of the remaining period for which rent has been paid commencing on the day on
which the application is refused; (b) if the prescribed rent has not been paid under regulation 109(4) - rent is to be paid by the applicant in respect of each whole month from the last anniversary date of the commencement
of the term of the licence until and including
the month during which the application is
refused.
11. Regulation 43 amended
In regulation 43(1) delete "shall execute a surrender in the form of Form 12 and shall lodge the surrender with the instrument of lease or licence (if issued)." and insert:
must execute and lodge a surrender in the form of Form 12.
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12. Regulation 45 amended
In regulation 45(3) delete "the instrument of lease or licence (if issued),".
13. Regulation 70A amended
(1) Delete regulation 70A( 1) and insert:
(1) In this regulation -
application means an application to amalgamate a
secondary tenement under section 67A.(1A) An application must be lodged together with a map of
the secondary tenement.
(2) In regulation 70A(3) delete "an application to amalgamate a
secondary tenement under section 67A( 1)" and insert:the application is under section 67A(1) and 14. Regulation 75 amended
In regulation 75(a) delete "the instrument of lease or licence (if issued) and".
15. Regulation 83 amended
In regulation 83 delete "fee and the instrument of lease or licence (if issued)." and insert:
fee.
16. Regulation 84 amended
In regulation 84 delete "fee and the instrument of lease or licence (if issued)." and insert:
fee.
17. Regulation 84C amended
In regulation 84C:
(a) after paragraph (a)(i) insert: (ia) objections under Part IV of the Act; and
(ib) any devolution under regulation 102;
and
13 December 2019 GOVERNMENT GAZETTE, WA 4237 (ic) any application to amend particulars in
the register under regulation 84E; and
(id) any agreement or determination under
section 105A(3) as to the priority of the
application; and
(b) in paragraph (b)(vi) delete "tenement." and insert: tenement; and
(c) after paragraph (b)(vi) insert: (vii) objections under regulation 120A; and
(viii) applications relating to the tenement and the outcome of those applications; and
(ix) particulars of penalties imposed on the registered holder in lieu of forfeiture; and
(x) any additional conditions imposed in relation to the tenement after it is granted; and
(xi) particulars of securities referred to in section 26, 52(1 a), 60(1 a), 70F(2) or 84A(2) relating to the tenement; and
(xii) any devolution under regulation 102; and
(xiii) any application to amend particulars in the register under regulation 84E; and
(xiv) particulars received under section 143 of an injunction granted with respect to the tenement.
18. Regulation 105 replaced
Delete regulation 105 and insert:
105. Application for copy document
(1) The holder of a mining tenement may apply to the
Department for a copy of the instrument of lease or
licence issued in respect of the mining tenement.(2) In the case of any other document issued by the
Department, a person may apply to the Department for
a copy of the document if—
(a) the document was issued to the person; or
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(b) the document was issued in respect of a mining
tenement and the person is the holder of the
mining tenement.
(3) If an application for the issue of a copy of a document
is made under this regulation in the form of Form 29
and is accompanied by the prescribed fee, a certified
copy of the document is to be issued.19. Regulation 120A amended
Delete regulation 120A(5) and insert:
(5) When the warden has heard a dispute or objection
under subregulation (4), the warden's recommendation
relating to the dispute or objection must be forwarded
by the warden to the Minister and the Minister must
determine the dispute or objection.20. Schedule 1 Form 6 amended
In Schedule 1 Form 6 delete "Mining Registrar" and insert:
Minister
21. Schedule 1 Form 7 amended
In Schedule 1 Form 7 delete "Mining Registrar" and insert:
Minister
22. Schedule 1 Form 9 replaced
Delete Schedule 1 Form 9 and insert:
Form 9 Application for extension of term/renewal of a
mining tenement
Form 9 WESTERN AUSTRALIA
Mining Act 1978
(Secs. 45, 61, 70E, 78, 88,91A, 91B)
(Regs. 1613, 23A, 23F, 29, 36A, 42A)APPLICATION FOR EXTENSION OF TERM/RENEWAL
OF A MINING TENEMENTNo.
(a) Type of Details of mining tenement Tenement (a) (b) Number (b) (c) Mineral Field (c) (d) Expiry date (d) 13 December 2019 GOVERNMENT GAZETTE, WA 4239
(e) Full name Holder and address (e) of holder(s)
THE HOLDER of the abovementioned mining tenement hereby applies for
extension/renewal of the mining tenement.
DATED THISday of 20 (t) Signature of Signed (f)
holder or
agent
(g) If agent, full
name and Full name (g)• address of Address (g) agent
OFFICIAL USE
Received at am/pm on 20
Mining Registrar
NOTES: 1. Reporting obligations under the regulations must be complied with to
enable consideration of this application.
2. If this application is for an extension of a prospecting licence or an
exploration licence, or a renewal of a retention licence, any information or
other material required by regulation 16B(2), 23A(2) or 23F(2)
(whichever applies) must be lodged before the end of the period of
14 days from the day on which this application is lodged.23. Schedule 1 Form 19 amended
In Schedule 1 Form 19:
(a) delete "Mining Registrar" and insert: Minister
(b) delete: Mineral Field
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24. Schedule 1 Form 29 replaced
Delete Schedule 1 Form 29 and insert:
Form 29 Application for copy document
Form 29 WESTERN AUSTRALIA Mining Act 1978 (r. 105) APPLICATION FOR COPY
DOCUMENT No.(a) Name of applicant (a) (b) Address of of (b)
applicantrequests that a copy of the document described below be issued.
(c) Description of Details of document document (c) Eligibility to apply for the copy (d) (Delete (e) • the document is an instrument of lease or licence and the
inapplicable) applicant is the registered holder of the mining tenement
• the document was issued to the applicant •
the document was issued in respect of a mining tenement and the applicant is the registered holder of the mining tenement
(e) Signature of (e) DATE applicant or agent (if agent, state full name and address)
OFFICIAL USE
Received at am/pm on 20 with fee of $ Mining Registrar N. HAGLEY, Clerk of the Executive Council.
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