Mining Amendment Regulations (No. 3) 2011 (WA)
18 March 2011 GOVERNMENT GAZETTE, WA 911 MINERALS AND PETROLEUM
Mining Act 1978
Mining Amendment Regulations (No. 3) 2011
Made by the Governor in Executive Council.
1. Citation
These regulations are the Mining Amendment Regulations
(No. 3) 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)
regulation 28— when the Approvals and Related Reforms (No. 2) (Mining) Act 2010 section 10 comes into operation;
(c)
the rest of the regulations — when the Approvals and Related Reforms (No. 2) (Mining) Act 2010 Part 3 comes into operation.
registrar's office is open for business.
3. Regulations amended
These regulations amend the Mining Regulations 1981.
4. Regulation 2 amended
(1) In regulation 2 delete the definition of the Act. (2) In regulation 2 insert in alphabetical order: file means file at any mining registrar's office;
lodge means lodge at any mining registrar's office;
working day means a day on which any mining
| 912 | GOVERNMENT GAZETTE, WA | 18 March 2011 |
(3) In regulation 2 in the definition of date of application delete "at
the office of the mining registrar".
5. Regulation 4B amended
In regulation 4B delete "Customer Service Coordinator. and insert:
Manager Mining Information Counter,
6. Regulation 4K amended
In regulation 4K( 1) delete "notice in writing lodged at the office of the mining registrar or the Department at Perth." and insert:
lodging notice in writing.
7. Regulation 4N amended
In regulation 4N(3 )(a) delete "lodged, at the Department at
Perth; and" and insert:lodged; and
8. Regulation 5 amended
(1) In regulation 5(1)(a) delete "at the office of a mining registrar".
(2) In regulation 5(3):
(a) delete paragraph (a) and insert:
(a) Executive Director Mineral Titles Division; (b) in paragraph (b) delete and Title Services" and insert: Titles
9. Regulation 8 amended
In regulation 8(1) delete "application with the Department at
Perth," and insert:application,
18 March 2011 GOVERNMENT GAZETTE, WA 913 10. Regulation 9 amended
In regulation 9 delete "map which shall be lodged at the office of the mining registrar." and insert:
lodged map.
11. Regulation 10 amended
(1) Delete regulation 10(1)(a) and insert: (a) filed; and
(2) Delete regulation 10(2)(a) and insert: (a) filed; and
12. Regulation 10A amended
In regulation 1OA(1) after "be" insert:
lodged
13. Regulation 13A amended
Delete regulation 13A(1).14. Regulation 16B amended
In regulation 1 6B( 1 )(a) delete "at an office of the Department during the final year of the term of the licence;" and insert:
during the final year of the term of the licence; and 15. Regulation 16C amended
In regulation 16C(1):
(a) in paragraph (a) delete "lodged at an office of the
Department;" and insert:
lodged; and
(b) after each of paragraphs (b) and (c) insert:
and
| 914 | GOVERNMENT GAZETTE, WA | 18 March 2011 |
16. Regulation 21A amended
Delete regulation 21A(1).
17. Regulation 22B amended
In regulation 22B delete "lodged at an office of the
Department." and insert:lodged.
18. Regulation 23A amended
In regulation 23A(1)(a) delete "at an office of the Department during the final year of the term of the licence;" and insert:
during the final year of the term of the licence; and
19. Regulation 23BA amended
In regulation 23BA(1):
(a) in paragraph (a) delete "lodged at an office of the Department;" and insert: lodged: and
(b) After each of paragraphs (b) and (c) insert: and
20. Regulation 23C inserted
After regulation 23B insert:
23C. Time for lodging statutory declaration For the purposes of section 70C(2A) the prescribed period is 14 days after the day on which the application for the retention licence is lodged. 21. Regulation 23DA amended
Delete regulation 23DA(l).
18 March 2011 GOVERNMENT GAZETTE, WA 915 22. Regulation 25AA inserted
After regulation 24 insert:
25AA. Time for lodging mining proposal
For the purposes of section 74(1 AA) the prescribed period is 14 days after the day on which the application for the mining lease is lodged.
23. Regulation 27 deleted
Delete regulation 27.24. Regulation 28 amended
In regulation 28 delete "covenants and".
25. Regulation 28A amended
In regulation 28A(2) delete "to the Department at Perth" and insert:
at any mining registrar's office
26. Regulation 31A amended
Delete regulation 31A(1).27. Regulation 32A amended
Delete regulation 32A(2).28. Regulation 33A inserted
At the end of Part IV Division 3 insert:
33A. Act s. 84AA, prescribed matters for (1) For the purposes of section 84AA(1)(c), (2)(b) and (3)
the prescribed officials are -
(a)
Director, Environment Division in the Department;
(b)
Manager Minerals, Environment Division in the Department.
(2) For the purposes of section 84AA(3) the prescribed
time is 30 days after the day on which the applicable review period under section 84AA(1) or (2) expires.
| 916 | GOVERNMENT GAZETTE, WA | 18 March 2011 |
29. Regulation 36 amended
In regulation 36:
(a) in paragraph (d) delete "with the Department at Perth"; (b)
after each of paragraphs (a) to (d) insert: and
30. Regulation 41 amended
In regulation 41:
(a) in paragraph (d) delete "with the Department at Perth"; (b) after each of paragraphs (a) to (d) insert: and 31. Regulation 51 amended
In regulation 51(d) delete "lodged at the office of the mining registrar" and insert:
made
32. Regulation 54 amended
(1) In regulation 54(1) delete "at the office of the mining registrar". (2) In regulation 54(3) delete "at the office of the mining registrar,". 33. Part V Division 1A inserted
At the beginning of Part V insert:
Division 1A - Lodging, filing documents
59A. Prescribed manner of lodging, filing documents (1) In this regulation -
document includes an application, audit statement,
caveat, consent, instrument to which section 103C
applies, notice, report, return, programme, proposal,
security and statutory declaration.(2) For the purposes of any provision in the Act that
requires a document to be lodged in the prescribed
manner, the document is to be lodged at any mining
registrar's office.(3)
For the purposes of any provision in the Act that requires a document to be filed in the prescribed
18 March 2011 GOVERNMENT GAZETTE, WA 917 manner, the document is to be filed at any mining
registrar's office.
(4) Nothing in subregulation (2) or (3) affects the
prescribing of any other requirement in relation to the
manner of the lodgment or filing of a document.
59B. Lodging mining tenement documents through
Department's website(1) In this regulation -
mining tenement document has the meaning given in
section 162(3A) of the Act.(2) Subject to the requirements of the Department's
website and this regulation, a person may lodge a
mining tenement document electronically by lodging
an electronic version of it by means of the
Department's website.(3) A mining tenement document that is lodged
electronically after 4.30 p.m. on a working day and
before 8.30 a.m. on the next working day is to be taken
to have been lodged at 8.30 a.m. on that next working
day.(4) A mining registrar may at any time, require a person
who has lodged a mining tenement document
electronically to lodge the paper version of the
document.34. Part V Division 2 heading amended
In the heading to Part V Division 2 delete "and objections".
35.
Regulation 64 amended In regulation 64(1) delete "with the warden by being filed at the office of the mining registrar".
36. Regulation 70A amended
In regulation 70A(1)(a) delete "lodged at the office of the mining registrar;" and insert:
lodged; and
| 918 | GOVERNMENT GAZETTE, WA | 18 March 2011 |
37. Regulations 70BA, 70BB, 70BC and 70BD inserted
After regulation 70A insert:
70BA. Prescribed period for lodging certain applications
for areas compulsorily surrendered (s. 105A(3))
(1) In this regulation -
application means an application for a prospecting
licence, exploration licence, mining lease or general
purpose lease -
(a) in respect of any land that is the subject of a surrender under section 65; and (b) that is lodged on the date chosen under regulation 23(1 )(c) for the release.
(2) For the purposes of section 105A(3), the prescribed period for an application is the period starting at the time chosen under regulation 23(1 )(c) for the release and ending 15 minutes later.
70BB. Prescribed period for lodging certain applications or marking out land after forfeiture of exploration licence, mining lease or general purpose lease
(s. 105A(3))
(1) In this regulation -
application means an application for a prospecting
licence, exploration licence, mining lease or generalpurpose lease -
(a) in respect of any land that was the subject of an exploration licence forfeited under section 96A or a mining lease or general purpose lease forfeited under section 97; and
(b)
that is lodged, or in respect of which the land concerned is marked Out as required under
section 105A(4), (as is applicable in the case) on the day on which the forfeiture takes effect.
(2) For the purposes of section 105A(3), the prescribed
period for an application is the period starting when the
forfeiture takes effect and ending 15 minutes later.
70BC. Prescribed period for lodging certain applications
after expiry of mining tenement (s. 105A3))
(1) In this regulation -
application means an application for an exploration licence, or an application for a prospecting licence, mining lease or general purpose lease where the land
concerned is wholly covered by the sea or the waters of
any lake, pond, river or stream -
(a) in respect of any land that was the subject of a
mining tenement that has expired; and
18 March 2011 GOVERNMENT GAZETTE, WA 919 (b) that is lodged after the expiry takes effect.
(2) For the purposes of section 105A(3), the prescribed period for an application is the period starting at the beginning of the next working day after the day on
which the expiry took effect and ending at 8.45 a.m. on
that next working day.
70130. Prescribed period for lodging other applications for
exploration licences (s. 105A(3))
(1) In this regulation -
application means an application for an exploration
licence that is not one to which regulation 70BA, 70BB
or 70BC applies.(2) For the purposes of section 105A(3), the prescribed
period for an application is the period starting at
4.30 p.m. on a working day and ending at 8.45 a.m. on
the next working day.38. Regulation 84A deleted
Delete regulation 84A.
39. Regulation 84E amended
In regulation 84E delete the passage that begins with "be" and continues to the end of the regulation and insert:
be lodged in the form of Form 30.
40. Regulation 89B amended
In regulation 89B delete "Manager, Customer Services, Mineral and Title Services" and insert:
Manager Mining Information Counter. Mineral lilies 41. Regulation 90A deleted
Delete regulation 90A.
42. Regulation 91 amended
In regulation 91(1) delete "at the Department at Perth".
43. Regulation 95 amended
In regulation 95(1) delete "shall be lodged with the warden" and insert:
may be lodged at any mining registrar's office but must
be assigned to the mining registrar
| 920 | GOVERNMENT GAZETTE, WA | 18 March 2011 |
44. Regulation 113A amended
In regulation 113A:
(a) in paragraph (a) before "Director" insert: Executive
(b) delete paragraph (d) and insert: (d) Manager Mining Information Counter,
(c) delete "and Title Services" and insert: Titles
45. Regulation 113B amended
In regulation 113B:
(a) delete paragraph (a) and insert: (a) Executive Director Mineral Titles Division;
(b) in paragraph (b) delete "and Title Services" and insert: Titles
46. Regulation 116 amended
In regulation 116 in the definition of the Director delete
"Director" and insert:
Executive Director 47. Regulation 120A amended
In regulation 120A(3a) delete "Form 16 at the office of the mining registrar." and insert:
Form 16.
48. Regulation 120E amended
In regulation 120E delete "lodged with the Director." and insert:
lodged.
18 March 2011 GOVERNMENT GAZETTE, WA 921 49. Regulation 122 amended
In regulation 122(1) delete "fees at the office of the mining registrar." and insert:
fees.
50. Regulation 137 amended
In regulation 137(1) delete the definition of lodge.51. Regulation 138A inserted
After regulation 137 insert:
138A. Lodging proceedings documents through
Department's website
(1) Subject to the requirements of the Department's website and this regulation, a person may lodge electronically a document in relation to proceedings
before the warden by lodging an electronic version of it
by means of the Department's website.
(2) If a document is or must be signed by a person who is
not, or who is not acting on behalf of, the person
lodging it, the document cannot be lodgedelectronically unless it is an affidavit.
(3) If a document is in a form that, before it is lodged, is
required to be signed by or on behalf of the person
lodging it and the document is being lodgedelectronically -
(a) the document need not be signed by that person; and (b)
the person lodging the document electronically must ensure that the electronic version of the document, instead of showing a signature at any place where a signature is required, states the name of the person whose signature is required at the place.
(4) A person who lodges an affidavit electronically must
either lodge an electronic version of it that includes the
signatures on it or -
(a)
lodge an electronic version of it that does not include the signatures on it; and
(b)
ensure that the electronic version, instead of showing a signature at any place where a signature appears in the paper version, states the name of the person whose signature it is; and
| 922 | GOVERNMENT GAZETTE, WA | 18 March 2011 |
(c) also lodge an undertaking that the person -
(i) has possession of the paper version signed according to law; and
(ii) will retain the paper version subject to any order of the warden.
(5) A document that is lodged electronically after
4.30 p.m. on a working day and before 8.30 a.m. on the
next working day is to be taken to have been lodged at
8.30 a.m. on that next working day.(6) If a document is sent electronically to the Department
but not in accordance with the requirements of the
Department's website and this regulation -
(a)
the document is to be taken not to have been lodged; and
(b)
the mining registrar must notify the person who sent it of the fact.
(7) A person who lodges a document electronically must
have the paper version of the document with him or her
at any hearing of the relevant proceedings.
(8) The warden may, at any time, order a person who has
lodged a document electronically to lodge the paper
version of the document.
(9) This regulation does not affect, and is not affected by,
regulation 59B.
52. Regulation 140 amended
In regulation 140(2)(b) delete "fees at the office of the mining registrar." and insert:
fees. 53. Regulation 141 amended
(1) In regulation 141(1) delete "at the office of the mining
registrar".(2) In regulation 141(2)(b) delete "fees at the office of the mining
registrar." and insert:fees.
18 March 2011 GOVERNMENT GAZETTE, WA 923
54. Regulations 150A and 150B inserted
After regulation 149 insert:150A. Electronic addresses for service
(1) For the purposes of enabling the service by fax of
documents that under this Part are required to be served
a person may, in addition to providing an address for
service under regulation 149, provide a fax numberoperating at that address.
(2) For the purposes of enabling the service by email of
documents that under this Part are required to be served
a person may, in addition to providing an address for
service under regulation 149, provide an email addressoperating at that address.
(3) If a lawyer practises in a business with one or more
other lawyers or people -
(a) any fax number provided under business and not that of the lawyer personally; and
(b)
any email address provided under subregulation (2) must be the email address of the business and not that of the lawyer personally.
(4) A person who under this regulation provides an email
address or a fax number is to be taken to consent to
being served with documents by fax at that fax number,
or as an attachment to an email sent to that emailaddress, as the case may be.
(5) If a party's fax number or email address provided
under this regulation changes, the party must lodge
with the warden and serve a notice of change of
address as soon as practicable after the change occurs.
150B. Service electronically
(1) If under this Part a party is required to serve a
document, then, unless the contrary intention appears,
the party may serve the document -
(a) if the party to be served has provided a fax number under regulation 150A(1), by sending the document by fax to that number; or (b) if the party to be served has provided an email address under regulation 150A(2), by sending the document as an attachment to an email sent to that address.
(2) A document cannot be served by email under
subregulation (1) if under regulation 138A(2) it cannot
be lodged electronically.
| 924 | GOVERNMENT GAZETTE, WA | 18 March 2011 |
(3) A document that is served by fax must have a cover
page stating -
(a)
the sender's name, postal address, telephone number and fax number; and
(b)
the number of pages (including the cover page) being sent by fax.
(4) A person that serves a document by fax must -
(a) endorse the first page of the original document
with -
(i) a statement that the document is the original of a document sent by fax; and
(ii) the date and time the document was sent by fax;
and
(b) keep the endorsed original document and the
fax machine's report evidencing the successful
transmission of the document; and
(c) if directed to do so by the warden, produce the
items in paragraph (b) to the warden.
(5) Regulation 138A(3) and (4)(a) and (b), with any
necessary changes, apply to a document being served
by email in the same way as they apply to a document
being lodged electronically.(6) A document that is served by email or fax on a person
is to be taken to have been served -
(a) if the whole document is sent before 4.30 p.m. on a working day, on that day; (b) otherwise, on the next working day.
(7) Subregulation (1), with any necessary changes, applies to the service by the warden of any document on a
party.
(8) This regulation does not prevent a person from
consenting to being served in a manner other than in
accordance with this Part.
5. Regulation 160 amended
In regulation 160(1) delete "with the mining registrar".56. Schedule 1 amended
(1) In Schedule 1 Form 5 in instruction 10 delete "with the Mining Registrar." and insert:
at any mining registrar's office.
18 March 2011 GOVERNMENT GAZETTE, WA 925
(2) In Schedule 1 Forms 5,8 and 10 delete "with the Department at Perth"
and insert:at any mining registrar's office (3) In Schedule 1 Forms 17, 18 and 21 delete "the office of the mining registrar" (each occurrence) and insert: any mining registrar's office 57. Various references to "at the office of the mining registrar"
deletedIn the provisions listed in the Table delete "at the office of the mining registrar".
Table
r. 23F(1)(c) r. 29(1)(c) r. 36A(1)(c) r. 37(3) r. 42A(1)(c) r. 49(3) r. 79(2)(b)(ii)(IV) r. 126 r. 127D(1) r. 150(1) By Command of the Governor,
PETER CONRAN, Clerk of the Executive Council.
0
0
0