Mining Amendment Regulations (No. 2) 2006 (WA)
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WESTERN 573 AUSTRALIAN GOVERNMENT
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PERTH, FRIDAY, 3 FEBRUARY 2006 No. 26 SPECIAL PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 4.00 PM
© STATE OF WESTERN AUSTRALIA
MINING ACT 1978
_________
MINING AMENDMENT
REGULATIONS (No. 2) 2006
3 February 2006 GOVERNMENT GAZETTE, WA 575
Mining Act 1978
Mining Amendment Regulations (No. 2) 2006
Made by the Governor in Executive Council.
1. Citation
These regulations are the Mining Amendment
Regulations (No. 2) 2006.
2. Commencement
These regulations come into operation on 10 February 2006.
3. The regulations amended
The amendments in these regulations are to the Mining
Regulations 1981*.[* Reprint 5 as at 16 July 2004. For amendments to 23 December 2005 see Western
Australian Legislation Information Tables for 2004, Table 4,
p. 259, and Gazette 28 January, 20 May and 24 June 2005.]
4. Regulation 2 amended
Regulation 2 is amended by inserting in the appropriate
alphabetical positions —
““Director, Environment Division” means the person
for the time being holding or acting in the office of Director, Environment Division in the Department;
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“environmental officer” means a person for the time
being holding or acting in the office of
Environmental Officer in the EnvironmentDivision of the Department;
”.
5. Regulation 4J amended
(1) Regulation 4J is amended by inserting before “A permit” the
subregulation designation “(1)”.(2) At the end of regulation 4J the following subregulation is
inserted —“
(2)
Subregulation (1)(c) does not apply if the relevant exploration licence stops being in force because a prospecting licence or an exploration licence is granted
in respect of the land as a result of a reversion licence
application.”.
6. Regulation 13A inserted
After regulation 13 the following regulation is inserted —
“
13A. Programme of work for ground disturbing
equipment
(1) The programme of work referred to in section 46(aa)(i)
shall be lodged at an office of the Department.(2) The office of Environmental Officer in the
Environment Division of the Department is prescribed
for the purposes of the interpretation of the term
“prescribed official” in section 46(aa)(ii).”.
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7. Regulation 15 amended
After regulation 15(2) the following subregulations are
inserted —
“
(3) If a prospecting licence has retention status, the amount
to be expended during the year of the term of the
licence in which retention status is approved is to be
calculated on a pro rata basis for each whole month
from the last anniversary date of the commencement of
the term until the end of the month in which the
approval takes effect.(4)
Despite subregulation (1), if a prospecting licence has retention status, expenditure is not required under this regulation during any year of the term of the licence
after the year in which retention status is approved. ”.
8. Regulation 16A replaced by regulations 16A, 16B, 16C, 16D and 16E
Regulation 16A is repealed and the following regulations are
inserted instead —“
16A. Grounds for extension under section 45(1a) Each of the following is a ground for extension for the
purposes of section 45(1a) —
(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;
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(iii) arising from a requirement to conduct an Aboriginal heritage survey on the land;
(iv) in obtaining requisite consents or approvals for prospecting or for the marking out of a mining lease or general purpose lease in relation to any part of the land; or
(v) in gaining access to the land because of unfavourable climatic conditions,
prospecting, 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 Minister considers sufficient been unworkable for the whole or a considerable part of any year of the term;
(c)
work already carried out under the licence justifies further prospecting;
(d)
if the prospecting licence has retention status, the grounds for approval of retention status under section 54 continue to exist.
16B. Application for extension of prospecting licence
(1) An application under section 45(1a) shall —
(a) be lodged at an office of the Department during the final year of the term of the licence; (b) be in the form No. 9 in the First Schedule; and (c) be accompanied by — (i) the instrument of licence;
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(ii) the prescribed rent for a period of the day on which the licence is due to expire; and
(iii) information in support of the proposed ground for extension.
(2) If the application is refused, a pro rata refund of rent is
to be paid to the applicant in respect of each whole
month of the period for which rent has been paid
commencing on the day on which the application is
refused.
16C. Application for retention status
(1) An application under section 53(2) shall —
(a) be lodged at an office of the Department; (b) be accompanied by a statement specifying — (i) the details of the programme of work (if any) proposed to be carried out on the land for which retention status is sought; and
(ii) the estimated amount of money (if any) proposed to be expended on such work;
(c) be accompanied by a statutory declaration the applicant to the effect that —
(i) there is an identified mineral resource in, on or under the land for which retention status is sought; and
(ii) mining of that identified mineral resource is impracticable for one or more of the reasons referred to in section 54(1)(b);
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(d) be accompanied by a description of the boundaries of the land for which retention status is sought; and (e) be accompanied by a map that clearly indicates — (i) the boundaries of the land for which retention status is sought; and
(ii) the location of the identified mineral resource.
(2) The application fee for the purposes of section 53(3)(e)
is the fee set out in item 2A of the Second Schedule.
16D. Marking out of land that has retention status Regulations 59, 60 and 61 apply, with any necessary
modifications, in relation to marking out the
boundaries of land for the purposes of section 54(6).16E. Application for special prospecting licence
(1) For the purposes of section 56A(2) the prescribed
period is 14 days after the day on which the application
for the special prospecting licence is lodged.(2) For the purposes of section 56A(5a) the prescribed
period is 28 days after the day on which the application
for the special prospecting licence is lodged.”.
9. Regulation 18A repealed
Regulation 18A is repealed.
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10. Regulation 21 amended and transitional provision
(1) Regulation 21(1) is amended as follows:
(a) by inserting after “holder of an” — “ existing ”;
(b) by deleting “, during each of the first 5 years of that term”; (c) in paragraph (a) by deleting “in respect of an existing exploration licence” and inserting instead — “ during each of years 1 to 5 of that term ”;
(d) after paragraph (a) by deleting “or”; (e)
by deleting paragraph (b) and inserting the following paragraphs instead —
“
(b)
during each of years 6 and 7 of the term of the licence, not less than $50 000 per year irrespective of the area of the licence; or
(c)
during year 8 and each subsequent year of the term of the licence, not less than $100 000 per year irrespective of the area of the licence.
”.
(2) Regulation 21(1a) is amended by deleting “(1)(b)” and inserting
instead —“ (1b) ”.
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(3) Regulation 21(1b) is repealed and the following subregulation is
inserted instead —“
(1b) The holder of a graticular exploration licence shall
expend, or cause to be expended, in mining on or in
connection with mining on the licence —
(a) during each of years 1 to 3 of the term of the licence, $1 000 per block — (i) with a minimum of $10 000 where one block only is subject to the licence;
(ii) with a minimum of $15 000 where 2 to 5 blocks are subject to the licence;
(iii) with a minimum of $20 000 where 6 or more blocks are subject to the licence;
(b) during each of years 4 and 5 of the term of the licence, $1 500 per block — (i) with a minimum of $10 000 where one block only is subject to the licence;
(ii) with a minimum of $20 000 where 2 to 5 blocks are subject to the licence;
(iii) with a minimum of $30 000 where 6 or more blocks are subject to the licence;
(c) during each of years 6 and 7 of the term of the licence, $2 000 per block — (i) with a minimum of $15 000 where one block only is subject to the licence;
(ii) with a minimum of $30 000 where 2 to 5 blocks are subject to the licence;
(iii) with a minimum of $50 000 where 6 or more blocks are subject to the licence;
or
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(d) during year 8, and each subsequent year of the term of the licence, $3 000 per block — (i) with a minimum of $20 000 where one block only is subject to the licence;
(ii) with a minimum of $50 000 where 2 to 5 blocks are subject to the licence;
(iii) with a minimum of $70 000 where 6 or more blocks are subject to the licence.
”.
(4) Regulation 21(1c) is amended by deleting “Subregulation (1)
applies” and inserting instead —“ Subregulations (1) and (1b) apply ”. (5) Regulation 21(1d) is amended by inserting after
“subregulation” —“ (1) or ”. (6) After regulation 21(3) the following subregulations are
inserted —“
(4) If an exploration licence has retention status, the
amount to be expended during the year of the term of
the licence in which retention status is approved is to
be calculated on a pro rata basis for each whole month
from the last anniversary date of the commencement of
the term until the end of the month in which the
approval takes effect.(5) Despite subregulations (1) and (1b), if an exploration
licence has retention status, expenditure is not required
under this regulation during any year of the term of the
licence after the year in which retention status is
approved.”.
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(7) Despite the amendments made by this regulation, where, in
relation to an existing licence, the commencement day is a day
other than the anniversary date of the commencement of the
term of the existing licence, regulation 21 of the Mining
Regulations 1981 as in force immediately before the
commencement day continues to apply for the purpose of
determining the expenditure required for the year of the term of
the existing licence in which the commencement day falls.(8) In subregulation (7) — “commencement day” means the day on which these regulations come into operation;
“existing licence” means an exploration licence in force under
the Act on the day on which these regulations come into
operation.
11. Regulation 21A inserted
After regulation 21 the following regulation is inserted —
“
21A. Programme of work for ground disturbing
equipment
(1) The programme of work referred to in section 63(aa)(i)
shall be lodged at an office of the Department.(2) The office of Environmental Officer in the
Environment Division of the Department is prescribed
for the purposes of the interpretation of the term
“prescribed official” in section 63(aa)(ii).”.
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12. Regulations 22A and 22B inserted
After regulation 22 the following regulations are inserted —
“
22A. Grounds for deferral under section 65(3b) Each of the following is a ground for deferral for the
purposes of section 65(3b) —
(a) the applicant for deferral is a person authorised by the Minister under section 111 to explore for iron on the land to which the application for deferral relates;
(b) 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;
(iii) arising from a requirement to conduct an Aboriginal heritage survey on the land to which the application for deferral relates (the “relevant land”);
(iv) 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 relevant land; or
(v) in gaining access to the relevant land conditions,
the exploration programme, or the marking out and application appropriate to a mining lease or general purpose lease in relation to the relevant land, could not be undertaken or completed or
is restricted in a manner that is, or subject to
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conditions that are, for the time being
impracticable.
22B. Application for deferral An application for deferral referred to in section 65(3c)
shall be made in writing and lodged at an office of the
Department.”.
13. Regulation 23 amended
(1) Regulation 23 is amended by inserting before “The” the
subregulation designation “(1)”.(2) At the end of regulation 23 the following subregulation is
inserted —“
(2) Notification for the purposes of section 65(6)(a) shall
be given by endorsing the date (the “release date”)
and time chosen under subregulation (1)(c) on the
plans referred to in section 65(5) at least 14 days before
the release date.”.
14. Regulation 23AB amended
Regulation 23AB is amended as follows:
(a)
by deleting “For the purposes of section 61(2)(a), the Minister may extend the term of an exploration licence if the Minister is satisfied that — ” and inserting instead —
“
Each of the following is a ground for extension for the
purposes of section 61(2) —
”;
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(b) in paragraph (a) — (i) after subparagraph (ii) by deleting “or” and inserting instead —
“
(iia) arising from a requirement to conduct
an Aboriginal heritage survey on the
land;”; and
(ii) by deleting the comma at the end of subparagraph (iii) and inserting instead —
“
; or
(iv) in gaining access to the land because of unfavourable climatic conditions,
”;
(c) after paragraph (b) by deleting “or”; (d) by deleting paragraph (c) and inserting instead — “
(c)
work already carried out under the licence justifies further exploration; or
(d)
if the exploration licence has retention status, the grounds for approval of retention status under section 69B continue to exist.
”.
15. Regulation 23A amended
Regulation 23A(1) is amended as follows:
(a)
by deleting paragraph (a) and inserting the following paragraph instead —
“
(a)
be lodged at an office of the Department during the final year of the term of the licence;
”;
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(b)
in paragraph (c)(iii) by deleting “a detailed report of the circumstances giving rise to the application,” and inserting instead —
“
information in support of the proposed
ground for extension,
”.
16. Regulations 23BA and 23BB inserted
After regulation 23A the following regulations are inserted in
Part IV Division 2 —“
23BA. Application for retention status
(1) An application under section 69A(2) shall —
(a) be lodged at an office of the Department; (b) be accompanied by a statement specifying — (i) the details of the programme of work (if any) proposed to be carried out on the land for which retention status is sought; and
(ii) the estimated amount of money (if any) proposed to be expended on such work;
(c) be accompanied by a statutory declaration the applicant to the effect that —
(i) there is an identified mineral resource in, on or under the land for which retention status is sought; and
(ii) mining of that identified mineral resource is impracticable for one or more of the reasons referred to in section 54(1)(b);
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(d) be accompanied by a description of the boundaries of the land for which retention status is sought; and (e) be accompanied by a map that clearly indicates — (i) the boundaries of the land for which retention status is sought; and
(ii) the location of the identified mineral resource.
(2) The application fee for the purposes of
section 69A(3)(e) is the fee set out in item 2A of the
Second Schedule.
23BB. Application for special prospecting licence
(1)
For the purposes of section 70(2) the prescribed period is 14 days after the day on which the application for the special prospecting licence is lodged.
(2) For the purposes of section 70(5a) the prescribed
period is 28 days after the day on which the application
for the special prospecting licence is lodged.”.
17. Regulation 23DA inserted
After regulation 23D the following regulation is inserted —
“
23DA. Programme of work for ground disturbing
equipment
(1) The programme of work referred to in
section 70H(1)(aa)(i) shall be lodged at an office of the
Department.
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(2) The office of Environmental Officer in the
Environment Division of the Department is prescribed
for the purposes of the interpretation of the term
“prescribed official” in section 70H(1)(aa)(ii).”.
18. Regulation 23H repealed
Regulation 23H is repealed.
19. Regulations 25, 25A, 25B and 25C inserted
After regulation 24 the following regulations are inserted —
“ 25. Guidelines under Part IV Division 3 of the Act
For the purposes of section 70P —
(a)
copies of the guidelines are to be made available at each office of the Department; and
(b)
an electronic version of the guidelines is to be published on the Department’s internet website.
25A. Marking out after grant of lease Regulations 59, 60 and 61 apply, with any necessary
modifications, in relation to marking out the
boundaries of an area for the purposes of section 73(2).25B. Fees for copies of certain documents A person who wishes to obtain —
(a)
a copy of a document referred to in section 74(5);
(b) a copy of a report under section 74A; or (c) a copy of any part of such a document or report,
shall pay the fee set out in item 2B of the Second
Schedule.
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25C. Qualified persons — section 74 For the purposes of paragraph (a) of the definition of
“qualified person” in section 74(7) each of the
following is a prescribed body —
(a)
the Australasian Institute of Mining and Metallurgy;
(b) the Australian Institute of Geoscientists. ”.
20. Regulation 28 amended
Regulation 28 is amended as follows:
(a) by deleting “the State Mining Engineer” in the first place where it occurs and inserting instead — “ an environmental officer ”;
(b) by deleting “the State Mining Engineer” in the second place where it occurs and inserting instead — “ the environmental officer ”.
21. Regulation 31A inserted
After regulation 31 the following regulation is inserted —
“
31A. Programme of work for ground disturbing
equipment
(1) The programme of work referred to in
section 82(1)(ca)(i) shall be lodged at an office of
the Department.(2) The office of Environmental Officer in the
Environment Division of the Department is prescribed
for the purposes of the interpretation of the term
“prescribed official” in section 82(1)(ca)(i).”.
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22. Regulation 32A inserted
After regulation 32 the following regulation is inserted in
Part IV Division 3 —“
32A. Condition under section 82A
(1) For the purposes of section 82A(2) the following kinds
of mining operations are prescribed —(a) open-cut operations;
(b) underground operations;
(c) quarrying operations;
(d) dredging operations;
(e) harvesting operations;(f) scraping operations; (g) leaching operations; (h) tailing treatment operations;
(i) construction activities incidental or conducive
to mining operations, including the constructionoverburden dumps.
(2) A mining proposal referred to in section 82A(2)(a)
shall be lodged at an office of the Department.(3) The office of Director, Environment Division in the
Department is prescribed for the purposes of the
interpretation of the term “prescribed official” in
section 82A(2)(b).”.
23. Regulation 52 amended
Regulation 52 is amended by inserting after “21(1)” —
“ and (1b) ”.
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24. Regulation 58A inserted
After regulation 58 the following regulation is inserted in
Part IV Division 7 —“
58A. Aggregate exploration expenditure
(1) In this regulation — “relevant operations report” means a report of the kind required under section 51, 68(3), 70H(1)(f) or
82(1)(e) —
(a) filed for a combined reporting tenement; and (b)
covering the year or any part of the year to which the proposed exemption relates.
(2)
For the purposes of the definition of “aggregate exploration expenditure” in section 102(2a), the expenditure is to be worked out by adding together the
total exploration expenditure shown in each relevant
operations report.”.
25. Regulation 63A inserted
After regulation 63 the following regulation is inserted in Part V
Division 1 —“
63A. Requirement for marking out following grant of
reversion licence
(1) If, as a result of a reversion licence application, a
mining tenement (the “reversion licence”) is granted
in respect of part of the land the subject of an
application for a mining lease (the “lease
application”), the applicant for the mining lease shall,
in the manner provided for in regulation 59, mark out
the land that remains the subject of the lease
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application as soon as practicable after the reversion
licence is granted.
(2) A person who contravenes subregulation (1) commits
an offence.”.
26. Regulation 64 amended
After regulation 64(5a) the following subregulation is
inserted —
“
(5b) Subregulation (5) does not apply in relation to a
reversion licence application if the boundaries of the
land to which the application relates are identical to, or
located entirely within, the boundaries of the land the
subject of the relevant lease application or lease
applications referred to in section 120AA(2).”.
27. Regulation 68 amended
Regulation 68 is amended by deleting “, the State Mining
Engineer,”.
28. Regulation 89B amended
Regulation 89B is amended by deleting “General Manager,
Tenure and Native Title Branch, Mineral Titles Division” and
inserting instead —“ Manager, Customer Services, Mineral and Title
Services Division
”.
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29. Regulation 89C inserted
After regulation 89B the following regulation is inserted —
“
89C. Identified mineral resource — section 8(1)
(1) In this regulation — “JORC Code” means the Australasian Code for Reporting of Exploration Results, Mineral
of Australia in December 2004.
Resources and Ore Reserves published by the
Joint Ore Reserves Committee of the Australasian
Institute of Mining and Metallurgy, the Australian
(2) For the purposes of the definition of “identified mineral
resource” in section 8(1), a deposit of minerals has to
be identified as coming within one of the following
classifications provided for in clauses 20, 21 and 22 of
the JORC Code —(a) Inferred Mineral Resource;
(b) Indicated Mineral Resource;
(c) Measured Mineral Resource.
”.
30. Regulation 90A inserted
After regulation 90 the following regulation is inserted —
“
90A. Prescribed procedure for certain applications
(1) This regulation applies to — (a) applications for prospecting licences,
exploration licences and mining leases in
respect of an area that are made at the first
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available opportunity after that area has been
surrendered under section 65; and
(b)
applications for exploration licences in respect of an area that are made at the first available opportunity after that area has become forfeited under section 96A or 97.
(2) Applications to which this regulation applies are to be
lodged by placing the applications in a tray specifically
identified for that purpose at the office of the mining
registrar.(3)
When the mining registrar is satisfied that all persons waiting to lodge applications to which this regulation applies have placed their applications in the tray in
accordance with subregulation (2), the mining registrar
is to remove the tray.(4) The applications contained in the tray after removal by
the mining registrar are to be regarded as having been
lodged —
(a)
in the case of applications in respect of an area surrendered under section 65, on the date and at the time endorsed on the public plans of the Department under regulation 23(1)(c) as the date and time for the release of the area surrendered; and
(b)
in the case of applications in respect of an area forfeited under section 96A or 97, at the same time on the date on which notice of the
forfeiture was published in the Government
Gazette.”.
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31. Regulation 95A inserted
After regulation 95 the following regulation is inserted —
“
95A. Mining statistics
(1) The Director General of Mines may cause mining
statistics to be compiled from mining information as
defined in regulation 96(1).(2) Mining statistics are to be compiled in such a way that,
so far as is practicable, information in respect of a
particular person or mining operation cannot be
ascertained.(3) The Director General of Mines may cause mining
statistics to be published in any manner that the
Director General of Mines considers appropriate.”.
32. Regulation 96 amended
(1) Regulation 96(1) is amended by inserting in the appropriate
alphabetical position —
“
“mining information” means —
(a) information contained in —
(i) a mineral exploration report; (ii) an operations report;
(iii) a report required under regulation 36(d) or 41(d); or
(iv) a production report furnished under regulation 85A(1) or (2),
irrespective of when the report was filed,
furnished or otherwise given; and
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(b)
any other information relating to mining supplied to the Minister, a warden or an official of the Department under the Act irrespective of when the information was supplied,
but does not include such information if it is in the
form of mining statistics compiled underregulation 95A;
”.
(2) Regulation 96(2) is amended by deleting “information contained
in a mineral exploration report, an operations report or a report
required under regulation 36(d) or 41(d)” and inserting
instead —“ mining information ”. (3) Regulation 96(4) is repealed and the following subregulations
are inserted instead —“
(4) Subject to subregulation (5), the Minister may release
mining information that has been held at the
Department for a period of 5 years or more.(4a)
Subregulation (4) does not apply to mining information that consists of information as to sales value contained in a production report furnished under
regulation 85A(1). ”.
(4) Regulation 96(5) is amended as follows:
(a)
by deleting “information in a report referred to in subregulation (4)” and inserting instead —
“
mining information to which subregulation (4) applies
”;
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(b) by deleting “information contained in the report” and inserting instead — “ the information ”.
(5) Regulation 96(6) is amended by deleting “information contained
in the report” and inserting instead —“ mining information ”. 33. Regulation 96C amended
After regulation 96C(3a) the following subregulations are
inserted —
“
(3b) The cost of an aerial survey may be used in the
calculation of expenditure expended on, or in
connection with, mining on any mining tenement that
is located wholly or partly within the boundaries of the
survey when those boundaries are projected onto the
surface of the Earth.(3c)
The reference in subregulation (3b) to an aerial survey includes an aerial survey conducted in respect of land while the land was the subject of an application for the
mining tenement concerned. (3d) Where the cost of an aerial survey is used in the
calculation of expenditure for more than one mining
tenement, the cost is to be apportioned between the
mining tenements in such a way that the total
expenditure claimed does not exceed the cost.(3e) For the purposes of subregulations (3b) and (3d) the
cost of an aerial survey comprises —
(a)
the cost of acquiring data, in the air and on the ground, during the period in which the aerial survey is conducted; and
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(b)
the cost of processing that data to produce fully corrected, point-located digital data stored on an appropriate computer-compatible medium.
”.
34. Regulation 96D inserted
After regulation 96C the following regulation is inserted —
“
96D. Drill cores
(1) The holder of a mining tenement must not destroy or
dispose of a drill core obtained from the mining
tenement unless the holder has given the Minister
written notice of his or her intention to do so not less
than 3 months before the destruction or disposal.(2) If the holder of a mining tenement has received a
request to furnish drill cores under section 51A, 68(2),
70H(1)(g) or 82(1)(ea), the holder must ensure that the
drill cores are stored in a way that protects them from
damage and deterioration until such time as the holder
complies with the request.(3) Drill cores furnished in response to a request referred
to in subregulation (2) may be made available for
public inspection and sampling at the times, and in the
manner, determined by the Director, Geological
Survey.(4) A person who contravenes subregulation (1) or (2)
commits an offence.”.
3 February 2006 GOVERNMENT GAZETTE, WA 601 Mining Amendment Regulations (No. 2) 2006
r. 35
35. Regulation 101 replaced
Regulation 101 is repealed and the following regulation is
inserted instead —“ 101. Manner of camping — section 20(2)(e)
For the purposes of section 20(2)(e) the holder of a
Miner’s Right may camp on Crown land in —(a) a vehicle or caravan;
(b) a tent or other temporary structure; or (c) the open air.
”.
36. Regulation 112 replaced
Regulation 112 is repealed and the following regulation is
inserted instead —“ 112. Securities
(1) For the purposes of sections 52(1), 60(1), 70F(1) and
84A(1), the applicant shall lodge a security within
28 days after lodging the application to which the
security relates.(2) For the purposes of section 126(1)(a)(ii), the amount of
$5 000 is prescribed.(3) For the purposes of section 126(1)(b), form No. 32 in
the First Schedule is prescribed.”.
602 GOVERNMENT GAZETTE, WA 3 February 2006 Mining Amendment Regulations (No. 2) 2006
r. 37
37. Regulation 120P amended
Regulation 120P is amended by deleting the definition of “the
Director” and inserting instead —
““Director” means the Director, Geological Survey.
”.
38. First Schedule amended
(1) The amendments in this regulation are to the First Schedule. (2) Form 8 is amended as follows:
(a) by deleting “not exceeding $1 000”; (b) in clause 10 — (i) by deleting “the State Mining Engineer” in the first place where it occurs and inserting instead —
“ an environmental officer ”; and
(ii) by deleting “the State Mining Engineer” in the second place where it occurs and inserting instead —
“ the environmental officer ”.
(3) Form 9 is amended as follows:
(a) in the heading by deleting “16A,” and inserting instead — “ 16B, ”;
(b)
by deleting note 3 at the end of the form and inserting the following note instead —
“
3. 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(1)(c)(iii), 23A(1)(c)(iii) or 23F(1)(b)(i) (whichever applies) must be attached.
”.
3 February 2006 GOVERNMENT GAZETTE, WA 603 Mining Amendment Regulations (No. 2) 2006
r. 39
(4) Form 18 is amended as follows:
(a) by inserting after “if applicable)” — “ (see Note 1) ”;
(b) by inserting at the end of the form — “
Note 1: A statutory declaration setting out reasons in support of the
application must be lodged at the office of the mining registrar
within 28 days after lodgment of the application or within any
extension of that period.(See regulation 54(3) and (4) of the Mining Regulations 1981.) ”.
39. Second Schedule amended
(1) The amendments in this regulation are to the Second Schedule. (2) Item 1 is amended as follows:
(a) by deleting the sub-items beginning “Existing licence” and inserting instead —
“
Existing exploration licence per square
kilometre or part thereof —
(a) for years 1 to 7 of the term of the
licence ..................................................... 38.72 (b) for year 8, and each subsequent year, of
the term of the licence ............................. 131.12 Graticular exploration licence —
(a) one block licence applied for after
1 July 1999 .............................................. 244.31 (b) all other licences, per block —
(i) for years 1 to 3 of the term of the
licence ……………………............ 101.42 (ii) for years 4 and 5 of the term of the
licence ……………………............ 157.74 (iii) for years 6 and 7 of the term of the
licence ……………………............ 214.06 (iv) for year 8, and each subsequent
year, of the term of the licence ….. 405.46 ”.
604 GOVERNMENT GAZETTE, WA 3 February 2006 Mining Amendment Regulations (No. 2) 2006
r. 40
(3) After item 2 the following items are inserted — “
2A. Application fee for approval of retention
status ................................................................. 205.00 2B. Copy of all or part of document or report
(per copy) .......................................................... Reg. 25B 6.50 ”.
40. Third Schedule amended
The Third Schedule is amended by inserting after clause 4(3)
the following subclause —
“
(3a) Subclauses (1) and (2) do not apply if —
(a)
the land that becomes available from an existing exploration licence has been included in a reversion licence application; and
(b)
a prospecting licence has been granted in respect of the reversion licence application.
”.
41. Various references to “State Mining Engineer” changed to “Director, Environment Division”
(1) The provisions listed in the Table to this regulation are amended
by deleting “State Mining Engineer” in each place where it
appears and inserting instead —“ Director, Environment Division ”.
Table
r. 120J(1) r. 120J(4) r. 120J(3) r. 120N(3)
3 February 2006 GOVERNMENT GAZETTE, WA 605 Mining Amendment Regulations (No. 2) 2006
r. 41
(2) Regulation 120N(3) and (4) are each amended by deleting
“State Mining Engineer’s” and inserting instead —“ Director, Environment Division’s ”.
By Command of the Governor,
M. C. WAUCHOPE, Clerk of the Executive Council. ———————————
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