Mining Amendment Regulations (No. 2) 2020 (WA)
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M P302
Mining Act 1978
Mining Amendment Regulations (No. 2) 2020
SL 2020/119
Made by the Governor in Executive Council.
1. Citation
These regulations are the Mining Amendment Regulations
(No. 2) 2020.2. 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. Regulation 127B amended
In regulation 127B(1) delete "residential, business or postal" and insert:
residential or business5. Regulation 127CC amended
In regulation 127CC(2)(a) delete "postal address," and insert:
the Corporations Act section 9;
residential or business address,
6. Regulation 137 amended
(1) In regulation 137(1) delete the definition of agent. (2) In regulation 137(1) insert in alphabetical order: agent means a person acting for a party under
regulation 168A(1)(c) or (2)(c);
officer, in relation to a body corporate, has the same
meaning as that term has in relation to a corporation in
17 July 2020 GOVERNMENT GAZETTE, WA 2365 7. Regulation 149 amended
In regulation 149(1) delete "residential, business or postal" and insert:
residential or business
8. Regulation 150B amended
In regulation 15013(3)(a) delete "postal address," and insert:
residential or business address,
9. Regulation 156 amended
Delete regulation 156(2) and insert:
(2) If a party is a body corporate, the body corporate is
taken to attend for the purposes of subregulation (1) if
any of the following attend on behalf of the body
corporate -
(a) an officer of the body corporate; (b) an employee of the body corporate who has written authority from an officer of the body corporate to attend the hearing.
10. Part VIII Division 8A inserted
After Part VIII Division 8 insert:
Division 8A - Representation of parties
168A. Representation (1) A party who is an individual may -
(a) appear in person; or (b) be represented by a lawyer; or (c)
be represented by a person who is not a lawyer -
(i) at a mention hearing; or under regulation 168C - at any other hearing.
(2) A party that is a body corporate may -
(a) be represented by - (i) one of its officers; or
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(ii) one of its employees who has written
authority from one of its officers to
represent the body corporate;
or
(b) be represented by a lawyer; or (c) be represented by a person who is not a lawyer - (i) at a mention hearing; or
(ii) with the leave of the warden given under regulation 168C - at any other hearing.
(3) Subregulations (1)(b) and (c)(i) and (2)(b) and (c)(i) are
subject to regulation 168B.(4) This regulation does not affect the operation of
regulation 155 or 156.168B. Notice of representation
(1) This regulation applies if—
(a) a party is represented by a lawyer; or (b)
a party is represented by an agent at a mention hearing under regulation 1 68A( 1 )(c)(i) or (2)(c)(i).
(2) The party must lodge and serve notice of that
representation as soon as practicable before the first
hearing at which the lawyer or agent will represent the
party.(3) If there is a change in that representation, the party
must lodge and serve notice of that change as soon as
practicable before the first hearing at which the new
lawyer or agent will represent the party. (4) If a party that has lodged and served a notice under
subregulation (2) or (3) is no longer represented by a
lawyer or an agent, the party must lodge and serve
notice of that fact as soon as practicable before the first
hearing at which the party will not be represented by a
lawyer or an agent.(5) A notice under this regulation must be in the form
approved by the Director General of Mines.168C. Leave to be represented by agent
(1)
A party may apply to the warden for leave to be represented by an agent at a hearing other than a mention hearing if exceptional circumstances exist.
(2) An application under subregulation (1) must -
(a) be in writing; and
17 July 2020 GOVERNMENT GAZETTE, WA 2367
(b) specify the exceptional circumstances that
exist; and(c) specify the agent intended to represent the
party; and(d) be lodged and served by the party at least
14 days before the first hearing at which it is
intended the agent will represent the party.
(3) The warden may give a party that makes an application under subregulation (1) leave to be represented by the
agent specified in the application if the warden is
satisfied that exceptional circumstances exist.(4) If the warden gives a party leave to be represented by an agent, the party must lodge and serve notice of that
representation as soon as practicable before the first
hearing at which the agent will represent the party.(5) If, after the warden gives a party leave to be represented by an agent, there is a change in the agent,
the party must obtain the leave of the warden in respect
of the new agent and this regulation applies
accordingly.(6) If a party that has been given leave by the warden to be represented by an agent is no longer represented by an
agent, the party must lodge and serve notice of that fact
as soon as practicable before the first hearing at which
the party will not be represented by an agent.(7) A notice under subregulation (4) or (6) must be in the form approved by the Director General of Mines. 11. Regulation 169 deleted
Delete regulation 169. 12. Schedule 1 Form 16 amended
In Schedule 1 Form 16:
(a) delete "(e) Signature of objector/agent/lawyer (See Note 0" and
insert:
(e) Signature of
objector/lawyer/
authorised
representative (see
Notes 1 and 1A)(b) in paragraph (f) delete "objector/agent/lawyer" and insert: objector/lawyer
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(c) after Note 1 insert: 1A. If this form is signed by an agent of the objector, the agent must
state the agent's full name.13. Schedule 1 Form 35A amended
In Schedule 1 Form 35A:
(a) in paragraph (e) delete "(See Note 1)" and insert: (See Notes 1 and 1A)
(b) delete "(f' Address for service" and insert:
(0 Address for service of
applicant/lawyer(c) after Note 1 insert: 1A. If this form is signed by an agent of the applicant, the agent must
state the agent's full name.14. Schedule 1 Form 36 amended
In Schedule 1 Form 36:
(a) delete "(e) Signature of applicantllawyer/authorised representative (See Note)" and insert:
(e) Signature of
respondent/lawyer/
authorised
representative
(see Notes)
(b) delete "(0 Address for service" and insert:
(f) Address for service of
respondent/lawyer(c) delete the Note and insert:
NOTES: 1. If this form is signed by a person who is an employee of the
respondent, the person must state the person's full name and the
position in which the person is employed.
2. If this form is signed by an agent of the respondent, the agent must
state the agent's full name.
17 July 2020 GOVERNMENT GAZETTE, WA 2369 15. Schedule 1 Form 36A amended
In Schedule 1 Form 36A:
(a) delete "(e) Signature of applicant/lawyer/agent (if agent, state full name)" and insert:
(e) Signature of applicant/lawyer/
authorised
representative (seeNotes 3 and 4)
(b) after Note 2 insert: 3. If this form is signed by a person who is an employee of the applicant, the person must state the person's full name and the position in which the person is employed.
4. If this form is signed by an agent of the applicant, the agent must state the agent's full name.
R. NEILSON, Clerk of the Executive Council.
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