Mining Amendment Regulations (No. 3) 2006 (WA)
3 February 2006 GOVERNMENT GAZETTE, WA 519 MINERALS AND PETROLEUM
MP301*
Mining Act 1978
Mining Amendment Regulations (No. 3) 2006
Made by the Governor in Executive Council.
1. Citation
These regulations are the Mining Amendment Regulations
(No. 3) 2006.2. Commencement
These regulations come into operation on 11 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 27 amended
Regulation 27(d) is amended by deleting “assign, underlet or
part with possession of ” and inserting instead —“ transfer or mortgage a legal interest in ”.
5. Regulation 36 amended
Regulation 36(c) is amended by deleting “assign, underlet or
part with possession of ” and inserting instead —“ transfer or mortgage a legal interest in ”.
6. Regulation 41 amended
Regulation 41(c) is amended by deleting “assign, underlet or
part with possession of ” and inserting instead —“ transfer or mortgage a legal interest in ”.
7. Regulation 51B amended
(1) Regulation 51B is amended by inserting before “A notice” the
subregulation designation “(1)”.
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(2) At the end of regulation 51B the following subregulation is
inserted —“
(2)
A person who lodges a notice of objection referred to in subregulation (1) shall serve a copy of the notice on the applicant.
”.
8. Regulation 55 amended
(1) Regulation 55 is amended by inserting before “A person” the
subregulation designation “(1)”.(2) At the end of regulation 55 the following subregulation is
inserted —“
(2) A person who lodges an objection referred to in
subregulation (1) shall serve a copy of the objection on
the applicant.
”.
9. Regulation 64 amended
Regulation 64(6) is amended by inserting after “the
miscellaneous licence” —“ within 14 days after lodging the application ”.
10. Regulation 69 amended
Regulation 69 is amended by deleting “at the office of the
mining registrar”.11. Regulation 76 replaced
Regulation 76 is repealed and the following regulation is
inserted instead —“ 76. Lodgment of caveats
(1) For the purposes of section 122A a caveat shall be —
(a) in the form No. 24 in the First Schedule; and (b) accompanied by the prescribed fee.
(2) A separate caveat shall be lodged in respect of each
mining tenement affected.
”.
12. Regulation 76B amended
Regulation 76B is amended as follows:
(a) by deleting “120A” and inserting instead — “ 122 ”;
3 February 2006 GOVERNMENT GAZETTE, WA 521
(b) by deleting “a notice of the registration of the surrender sent, by or on behalf of the Minister, by certified mail” and inserting instead — “ sent by registered post ”.
13. Regulation 77 replaced
Regulation 77 is repealed and the following regulation is
inserted instead —“ 77. Mortgage
A mortgage shall be —
(a)
lodged in the form No. 25 in the First Schedule; and
(b) accompanied by the prescribed fee.
”.
14. Regulation 78 repealed
Regulation 78 is repealed.
15. Part V Division 4A inserted
After regulation 84 the following Division is inserted —
“ Division 4A — Lodgment of instruments and
the register
84A. Lodgment of instruments An instrument to which section 103C applies
shall be —
(a)
lodged for registration at the office of the mining registrar or at the Department at Perth; and
(b) accompanied by the prescribed fee.
84B. Provisional lodgment (1) In this regulation — “allowed period” means —
(a) the period referred to in subregulation (4); or (b)
if an extension of that period is granted under subregulation (8), the extended period.
(2) This regulation applies to the following instruments —
(a)
an instrument accepted for provisional lodgment under section 103D(1); and
(b)
a caveat accepted for provisional lodgment under section 122B(1).
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(3)
The time and date of lodgment of the instrument shall be entered in the register as the time and date at which registration was effected but the word “provisional”
shall be entered in the register next to the entry
specifying that time and date.(4)
An authorised officer shall, by notice in writing to the person who lodged the instrument, direct the person to ensure that the error or defect in the instrument is
corrected within the period specified in the notice. (5) Where a direction is given under subregulation (4) in
relation to an instrument —
(a) if the direction is complied with within the allowed period, the word “provisional” shall be deleted from the register; or (b) if the direction is not complied with within the allowed period, the instrument shall be taken to have been rejected and the register shall be so endorsed.
(6) If the word “provisional” is entered in the register next
to an entry specifying a time and date in relation to a
time and date of lodgment of an instrument, the
instrument shall be taken not to have been registered.(7) If the word “provisional” is deleted from the register
under subregulation (5)(a), the instrument shall be
taken to have been registered from and including the
time and date specified in the register under
subregulation (3).(8) An authorised officer —
(a)
may, for reasonable cause, extend the period specified in the notice for the correction of any error or defect provided the request to extend is made, in writing by or on behalf of the person who lodged the instrument, before the expiry of that period; and
(b)
shall, by notice in writing to the person who requested the extension, advise whether an extension has been granted.
84C. Content of register The register is to contain the following particulars —
(a) in relation to an application for a mining tenement — (i) the particulars shown on the prescribed form of application; and
(ii) the approval of the application and the terms and conditions of that approval, or
3 February 2006 GOVERNMENT GAZETTE, WA 523 the refusal or withdrawal of the application, as the case may be;
(b) in relation to a mining tenement — (i) all rental payments;
(ii) moneys expended or deemed to be expended in mining on or in connection with mining on the tenement;
(iii) particulars of exemptions;
(iv) particulars of dealings and other instruments affecting the tenement that are required to be entered in the register under the Act;
(v) the name of the registered holder and the number of shares held; and
(vi) the surrender, forfeiture or other cancellation of the tenement;
(c)
such other particulars relating to a mining tenement or an application for a mining tenement as the Director General of Mines considers necessary.
84D. Fees for copies of entries, dealings, etc. For the purposes of section 103F(4) the fees set out in
item 3 of the Second Schedule are prescribed.84E. Amendment of register An application to amend particulars in the register shall
be —
(a)
made in the form No. 30 in the First Schedule; and
(b)
lodged at the office of the mining registrar or the Department at Perth.
84F. Inclusion of information in register despite late
lodgment of report(1) In this regulation — “prescribed period”, in relation to a report, means the period within which the report is required to be
filed or lodged under regulation 16, 22, 23E or 32,as the case requires.
(2) An officer of the Department may extract information
from a report referred to in regulation 16, 22, 23E or 32
for the purpose of including it in the register despite the
fact that the report was received at the Department after
the expiry of the prescribed period.
”.
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16. Regulations 103, 106, 107, 107A, 107AA and 110 repealed
Regulations 103, 106, 107, 107A, 107AA and 110 are repealed.
17. First Schedule amended
(1) The amendments in this regulation are to the First Schedule. (2) Form 8 is amended in item 4 by deleting “assign, underlet or
part with possession of ” and inserting instead —“ transfer or mortgage a legal interest in ”. (3) Form 10 is amended in item 3 by deleting “assign, underlet or
part with possession of ” and inserting instead —“ transfer or mortgage a legal interest in ”. (4) Form 16 is amended as follows:
(a) by deleting “(f)” in both places where it occurs and inserting instead — “ (g) ”;
(b) by inserting after item (e) the following item — “
(f) Insert date on which copy of (f) application for mining tenement
received (See Note 1)
”;
(c) by inserting at the end of the form — “
Note 1:
To be completed if the objection is in respect of an application for a mining tenement that relates to private land.
”.
(5) Forms 23, 24 and 24A are deleted and the following forms are
inserted instead —“
Form 23 WESTERN AUSTRALIA STAMP DUTY Mining Act 1978 (Regs. 75, 81, 84 & 134)
TRANSFER No.
INTEREST BEING
TRANSFERRED Details of Mining Tenement and Interest
(a) (b) (a) Type of tenement (b) Number (c) Mineral Field
(c) (d)
(d) Number of shares TRANSFEROR
(e) Full name and address (e) CONSIDERATION
(f) In words — see Note 1 (f)
TRANSFEREE (g)
(g) Full name and address
3 February 2006 GOVERNMENT GAZETTE, WA 525
(h) Mortgage number and
Mortgagee or “NIL” (h) (See Note 2)
THE TRANSFEROR for the consideration expressed HEREBY TRANSFERS TO THE TRANSFEREE the interest specified in the abovementioned mining tenement, and the TRANSFEREE accepts the said interest subject to any mortgage shown
hereon and to all the terms and conditions under which it is now held.
*See Note 3 * DATED this day of 20 .
TRANSFERORS sign here TRANSFEREES sign here
(i) Signature of transferor Signed (i) Signed (j) in the in the presence of (k) presence of (k) (j) Signature of transferee Signed (i) Signed (j) (k) Signature of witness in the in the presence of (k) presence of (k) Signed (i) Signed (j) in the in the presence of (k) presence of (k)
LODGING PARTY (l) (l) Full name and address
(for return of
documents)O Received at ................... a.m./p.m. F on .................................................. F I with fee of $ ................................. C E U S ....................................................... E (Mining Registrar) Notes: 1. Where the stamp duty shown on the transfer is not in respect of the full amount of
the consideration stated then the documents indicating the full stamp duty must
accompany the transfer.2. If a mortgage is registered with the Department of Industry and Resources and will continue after the transfer, insert the required details.
If no mortgage, or a mortgage is to be discharged prior to or on the transfer, insert
“nil”.The consent of the mortgagee to the transfer must be lodged with this form.
3. If section 122A(1)(b) of the Act applies, insert “THE TRANSFEROR and THE TRANSFEREE acknowledge that this transfer is subject to the interest claimed by the caveator in caveat no.” and the relevant caveat number.
Form 24 WESTERN AUSTRALIA
Mining Act 1978
(Sec. 122A Reg. 76)
CAVEAT No. Details of Mining Tenement
(a) Type (a) (b) (b) Number (c) Mineral Field (c) Interest being caveated (d) Specify “the whole” (d) or the number of
shares being
caveated(e) Full name of holder (e) of shares being
caveated
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(f) Full name and Caveator address of caveator (f) THE CAVEATOR claims an interest as specified in the abovementioned mining tenement BY VIRTUE OF (g) Specify the grounds (g) on which the claim is made. (See Note 1)
and whilst this caveat remains in force FORBIDS the registration of any *See Note 2 transfer or other instrument affecting such tenement or interest* and appoints (h) Address within the (h) State for service of notices as the place at which notices and proceedings relating to this caveat may
be servedDATED this day of 20 Caveator or agent signs here (i) Signature of caveator Signed (i) …………………………………………………….. as agent (delete if not applicable)
(j) Signature of witness Witness signs here
in the presence of (j) …………………………………………..(k) Full name and (k) address (for return of
documents)O Received at ..................... a.m./p.m. F on .................................................... F I with fee of $..................................... C E U S .........................................................
E (Mining Registrar)
Notes:
1.
If the caveat is lodged pursuant to section 122A(2) of the Act the term of the caveat (if any) must be stated and a copy of the agreement attached.
2.
If the caveat is lodged pursuant to section 122A(1)(b) of the Act, insert “unless the instrument is expressed to be subject to the interest claimed in this caveat”.
Form 24A WESTERN AUSTRALIA
Mining Act 1978
(Sec. 122E Reg. 76A)
WITHDRAWAL OF CAVEAT No.(s)
(a) Full name & Caveator Address of (a) Caveator Caveat Number(s) and mining tenement(s) affected (b) Specify caveat(s) to (b) be withdrawn and
mining tenement(s)
affectedTHE CAVEATOR HEREBY WITHDRAWS the
abovementioned caveat(s) against the interest in the mining
tenement(s) described above
DATED this day of 203 February 2006 GOVERNMENT GAZETTE, WA 527
(c) Signature of Caveator or agent signs here caveator Signed (c) …………………………………………… as agent (delete if not applicable)
(d) Signature of Witness signs here witness in the presence of (d) ………………………………… (e) LODGING (e) PARTY Full name and
address (for return
of documents)
O Received at ............... a.m./p.m. F on .............................................. F I C with fee of $............................... E U S ................................................... E (Mining Registrar)
”.
(6) Form 25 is amended by deleting all of the form after “3. *”
and inserting instead —“
**See Note 1 ** DATED this day of 20 MORTGAGOR(S) sign here
(a) Signature of Signed (a) …………………………………………………………….. Mortgagor(s) in the presence of (b) …………………………………………………. (b)
Signature of witness
Signed (a) ……………………………………………………………… in the presence of (b) …………………………………………………...
***See Note 2 *** LODGING PARTY (c) (c) Full name and address
(for return of
documents)O Received at ....................... .a.m./p.m. F F on ....................................................... I with fee of $ ....................................... C E ............................................................ U (Mining Registrar) S E
Notes: 1. If section 122A(1)(b) of the Act applies, insert “THE MORTGAGOR AND THE
MORTGAGEE acknowledge that this mortgage is subject to the interest claimed by
the caveator in caveat no.” and the relevant caveat number.2. If the words set out in Note 1 are inserted in the mortgage the mortgage must also be signed by the mortgagee(s) and that signature or those signatures duly witnessed.
”.
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(7) Form 28 is amended by deleting “applicant” in both places
where it occurs and inserting instead —“ executor or administrator ”. (8) Form 30 is amended in the heading by deleting “107” and
inserting instead —“ 84E ”. 18. Second Schedule amended
(1) The amendments in this regulation are to the Second Schedule. (2) Item 3 is deleted and the following item is inserted instead — “
3. Copy of —
Entry in the register (per tenement) …............. Reg. 84D 6.50 Dealing or other instrument (per tenement) ……………………….................... Reg. 84D 6.50
”.
(3) Item 10 is amended as follows:
(a) by deleting “of dealings” and inserting instead — “ or recording of instruments ”;
(b) by deleting “Agreement …..Reg. 110 82.00”; (c) in the entry beginning “Caveat” by deleting “Sec. 121” and inserting instead — “ Reg. 76 ”;
(d) in the entry beginning “Discharge/Withdrawal” by deleting “, 110”; (e) in the entry beginning “Judgment/Order” by deleting “110” and inserting instead — “ 109 ”;
(f)
by deleting “Sub-lease of Mining Tenement…Reg. 110 82.00”.
By Command of the Governor,
M. C. WAUCHOPE, Clerk of the Executive Council.
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