Mining Amendment Regulations (No. 4) 2024 (WA)

Western Australia

Mining Act 1978

Mining Amendment Regulations (No. 4) 2024

Western Australia

Mining Amendment Regulations (No. 4) 2024 Contents Mining Act 1978

Mining Act 1978

Mining Amendment Regulations (No. 4) 2024

Made by the Governor in Executive Council.

1.Citation

These regulations are the Mining Amendment Regulations (No. 4) 2024.

2.Commencement

These regulations come into operation as follows —

• (a)

  regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;

• (b)

  the rest of the regulations — on 16 September 2024.

3.Regulations amended

These regulations amend the Mining Regulations 1981.

4.Regulation 2 amended

In regulation 2 insert in alphabetical order:

Centrelink means the agency of the Commonwealth principally assisting in the administration of the Human Services (Centrelink) Act 1997 (Commonwealth);

eligible individual means an individual who —

• (a)

  holds 1 or more of the following cards issued by Centrelink —

• (i)

  a health care card;

• (ii)

  a health benefit card;

• (iii)

  a pensioner concession card;

• (iv)

  a Commonwealth seniors health card;

or

• (b)

  holds any other card issued by Centrelink, or a card issued by the Department of Veterans’ Affairs of the Commonwealth, that certifies entitlement to Commonwealth health concessions; or

• (c)

  is in receipt of a youth training allowance or an AUSTUDY allowance (as those terms are defined in the Social Security Act 1991 (Commonwealth) section 23(1)); or

• (d)

  is in receipt of benefits under the Commonwealth student assistance scheme known as the ABSTUDY Scheme; or

• (e)

  has been granted legal aid under the Legal Aid Commission Act 1976 or a legal aid scheme or service established under a Commonwealth, State or Territory law in respect of the proceedings under Part IV of the Act in relation to which a fee would otherwise be payable.

Land Register means the Register referred to in the Transfer of Land Act 1893 section 48;

proprietor means —

• (a)

  in relation to freehold land under the Transfer of Land Act 1893, the owner, whether in possession, remainder, reversion or otherwise, of land whose name appears in the Land Register; and

• (b)

  in relation to freehold land not under the Transfer of Land Act 1893, the owner of the fee simple in the land or the person entitled to the equity of redemption in the land;

registered native title body corporate has the meaning given in the Native Title Act 1993 (Commonwealth) section 253;

5.Regulation 120A amended

After regulation 120A(3a) insert:

• (3B)

  An objection lodged under subregulation (3a) must be accompanied by the fee set out in Schedule 2 item 23.

   

6.Regulation 146 amended

After regulation 146(1) insert:

• (1A)

  The fee set out in Schedule 2 item 23 is the prescribed fee for the purposes of each of the sections set out in the Table.

Table

s. 42(1A)(b)	s. 56A(4)(a)(ii)
s. 59(1A)(b)	s. 70(4)(a)(ii)
s. 70D(1A)(b)	s. 75(1AA)(b)
s. 97A(6A)(b)	s. 102(4B)(b)

7.Schedule 1 Form 16 amended

In Schedule 1 Form 16 after paragraph (d)(iv) insert:

(v)   Registered native title body corporate whose land is included or partly included in or shares a common boundary with land the subject of a mining tenement application

(vi) Proprietor of land included or partly included in or sharing a common boundary with land the subject of a mining tenement application

(vii) Eligible individual

Yes/No

Yes/No

Yes/No

8.Schedule 2 amended

• (1)

  Delete the reference after the heading to Schedule 2 and insert:

   

[r. 2, 4D(2), 16C(2), 23BA(2), 25B, 28A(1), 64(1b), (1C) and (8), 84D, 109(1), (3) and (3A), 120A(3B), 121(2), 146(1A), 163(2) and (4) and 165(7)(f)]

• (2)

  After Schedule 2 item 22 insert:

   

23.      Fee for notice of objection —
(a) general	430.00
(b) eligible individual	100.00
(c) registered native title body corporate whose land is included or partly included in or shares a common boundary with land the subject of the mining tenement application	Nil fee
(d) proprietor of land included or partly included in or sharing a common boundary with land the subject of the mining tenement application	Nil fee

K. COLLERAN, Clerk of the Executive Council