Mining Amendment Regulations (No. 4) 2015 (WA)

11 September 2015 GOVERNMENT GAZETTE, WA 3745

MINERALS AND PETROLEUM

MP301*

Mining Act 1978

Mining Amendment Regulations (No. 4) 2015

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Mining Amendment Regulations
(No. 4) 2015.

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.             Schedule 4 clause 2 amended

In Schedule 4 clause 2 delete the Table and insert:

Table — Hourly and daily rates

Maximum

Fee earner allowable
hourly rates

Senior Lawyer	hourly rate	$396
Junior Lawyer	hourly rate	$297
Clerk/Paralegal	hourly rate	$143

Counsel fees charged as a disbursement
to lawyers or charged by in-house

Counsel:

Counsel	(C)	hourly rate	$319
daily rate	$3 190
Senior Counsel	(SC)	hourly rate	$528
daily rate	$5 280

3746 GOVERNMENT GAZETTE, WA 11 September 2015

4.             Schedule 4 clause 3 amended

In Schedule 4 clause 3 delete the Table and insert:

Table — Scale of costs

Fee Maximum

Item Time amount

earner $

1.            Commencing proceedings —

(a) Application or objection, including
instructions 396

For each additional respondent	55
(b)	Particulars (including preparation and
lodgment) 8 hour SL 3 168

2.            Response —

(a) Lodging a response 198

(b) Particulars (including preparation and

lodgment) 8 hours SL 3 168

3.            Disclosure —

Giving additional disclosure where ordered

by the warden 3 hours JL 891

4.            Inspection —

Inspection and giving inspection per hour JL 297

5.            Interlocutory applications —

Proceedings and/or responses to applications	1 day
(including all documentation and	preparation
preparation for hearing)	½ day

hearing C 4 785

Note: In relation to the above, if the proceedings do not commence and settle or adjourn on the day of the hearing then the Assessing Officer shall allow such amount as is reasonable in the circumstances.

6.            Applications and attendances before the

warden 1 hour SL 396

7.             Offers of settlement, notices, practice directions, applications, declarations, memoranda, affidavits —

(a) Offers of settlement	2 hours	SL	792
(b) Acceptance of offer of settlement	2 hours	SL	792

(c) Other notices referred to or required by regulations or practice directions not otherwise specified in this scale 143

(d) Preparation lodging and service of

affidavits and statutory declarations not

otherwise provided for per hour SL 396

(e)	Drawing and serving of interlocutory
orders (where ordered or required) 2 hours JL 594

8.            Getting up —

Preparation for hearing (includes work

reasonably and necessarily undertaken prior

to commencement of proceedings) 50 hours SL 19 800

11 September 2015 GOVERNMENT GAZETTE, WA 3747

Fee Maximum

Item Time amount

earner $

9.            Hearing —

(a) Fee on brief for Counsel i.e. first day of 2 days

hearing and preparation	preparation
1st day of
trial C 7 975

(b)	Fee on brief for Senior Counsel i.e. first	2 days
day of hearing and preparation (where 2	preparation
or more Counsel are certified for)	1st day of
trial SC 13 200
(c)	Counsel fee for the second and each
successive day of hearing	C	3 190

(d)	Counsel fee for Senior Counsel for second and each successive day of hearing (where 2 or more Counsel are certified for)	SC	5 280
(e)	Instructing lawyer attending hearing,
where certified for	per hour	JL	297

(f) Clerk attending hearing

Note: In relation to paragraphs (a)-(f) if —

(1)	The hearing lasts less than 2 hours; or
(2)	The hearing does not commence and settles or adjourns on the day of the hearing,

then the Assessing Officer shall allow such
amount as is reasonable in the

circumstances.

(g) Attending on reserved determination per hour SL 396

10.	Mention hearings	per hour	SL	396
11.	Determinations —
(a) Settling and extracting

determination —

(i) with appointment 1 hour JL 297

(ii) without appointment 0.5 hours PL 198

(b) Issue of certified copy of determination 143

12.          Enforcement —

Lodgment of an application to enforce a

determination pursuant to Civil Judgments

Enforcement Act 2004 198

13.          Registration of determinations —

Registration of determinations including

those under Service and Execution of

Process Act 1992 (Commonwealth) 198

14.          Assessment of costs including drawing bill —

(a) Lodgment of bill of costs 55

(b) Drawing bill of costs, copies SL Such amounts as

and service	are reasonable in the circumstances
(c)	Making an objection to a bill
(d)	Assessment of costs (including the time spent in preparing for the assessment)

15.          Copying —

Photocopies where necessary, including of
documents for which allowance is otherwise
made in this scale per page 1.00

3748 GOVERNMENT GAZETTE, WA 11 September 2015

Fee Maximum

Item Time amount

earner $

16.	Review by warden of a decision of a mining	Amount
registrar	calculated in accordance with item 5

17.	Accounts and inquiries —	SL	Such amounts as are reasonable in
Attending on taking accounts, inquiries	the circumstances
18.	Other work —

(a)	Time reasonably spent by a lawyer on	SC	528
work requiring the skill of a lawyer (of	per hour	SL	396
the standing indicated) but not covered	C	319
by any other item	JL	297

or

(b)	Time reasonably spent by a lawyer, or	SC
by a clerk or paralegal of a lawyer, on	SL

per hour

work not covered by any other item or	C	143
by paragraph (a)	JL
PL

19.

Disbursements —
In addition to the fees and charges allowed under this Schedule —

(a)	As between lawyer and client, a lawyer may charge and be allowed disbursements necessarily or reasonably incurred; and
(b)	As between party and party, a party may be allowed disbursements necessarily or reasonably incurred.

20.          Allowances for witnesses —

The amount of any costs to be paid in respect of work done by a lawyer in conducting any proceedings in a case may include a reasonable allowance for —

(a)	witnesses called because of their professional, scientific or other special skill or knowledge; and
(b)	witnesses called other than those covered in paragraph (a). In fixing an allowance for witnesses under paragraph (b) including the applicant and respondent, the Assessing Officer may have regard to the amount of salary, wages or income (if any) actually lost by the witness.

R. KENNEDY, Clerk of the Executive Council.

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