Mining Amendment Regulations (No. 5) 2002 (WA)

17 January 2003	GOVERNMENT GAZETTE, WA	105
- PART 1 -

MINERALS AND PETROLEUM

A1P301*

Mining Act 1978

Mining Amendment Regulations (No. 5) 2002

The amendments in these regulations are to the Mining
Regulations 1981*.

[* Reprinted as at 25 July 2002.]

Made by the Governor in Executive Council.

1.            Citation

These regulations may be cited as the Mining Amendment
Regulations (No. 5) 2002.

2.            Commencement

These regulations come into operation on the day fixed under section 2 of the Mining Amendment Act 2002 for the commencement of provisions of that Act (other than section 12).

3.            The regulations amended

106 GOVERNMENT GAZETTE, WA 17 January 2003

4.            Regulation 45 amended

Regulation 45(3) is amended by deleting "and the prescribed fee." and inserting instead -

"

the prescribed fee and, in the case of an exploration

licence, evidence of the approval required by

section 95A(2).

5. Regulation 64C inserted
After regulation 64B the following regulation is inserted -

33  

64C.	Copy of application for miscellaneous licence
For the purposes of section 91(9), the prescribed time is 14 days after the lodging of the application concerned.

6.            Regulation 89B inserted

After regulation 89A the following regulation is inserted in
Part V Division 6-

33  

89B.	Prescribed office - section 8(1)
For the purposes of the definition of "mining registrar" in section 8(1) the office of General Manager, Tenure and Native Title Branch, Mineral Titles Division of the Department is prescribed.

7.            Regulation 101A inserted

After regulation 101 the following regulation is inserted -

101A. Notice before mining under certain Crown land or

private land

(1) In this regulation -
"relevant depth" means 30 metres below the lowest

part of the natural surface of the land concerned.

(2)	At least 14 days before carrying out mining at or below the relevant depth under Crown land described in any of section 20(5)(a) to (e), the holder of a mining tenement must give written notice in accordance with subregulation (4) to the occupier of the Crown land unless that occupier has already given written consent for mining above the relevant depth.
(3)	At least 14 days before carrying out mining at or below the relevant depth under private land described in any

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of section 29(2)(a) to (f), the holder of a mining
tenement must give written notice in accordance with
subregulation (4) to the owner and the occupier of the
private land unless the mining tenement includes that
portion of the private land that is above the relevant

depth.

(4) The notice is to contain details of—

(a)	the extent and type of mining proposed; and
(b)	when the holder of the mining tenement intends to begin that mining.

(5)	A holder of a mining tenement who contravenes
subregulation (2) or (3) commits an offence.

8.            Regulation 115 amended

Regulation 115 is amended by deleting "$5 000" and inserting instead -

" $10000 ".

9.            First Schedule amended

Forms 18 and 19 in the First Schedule are deleted and the following forms are inserted instead -

Form 18	WESTERN AUSTRALIA Mining Act 1978 (s. 102, r. 54)	Office Use
No.

APPLICATION FOR EXEMPTION

Details of mining tenement/s

(a)	Type	(a)
(b)	Number	(b)
(c)	Mineral Field	(c)

Holder

(d)	Full name and address	(d)
of each holder
Exemption details (for each tenement affected)
(e)	Amount of	(e) $
expenditure for which exemption is sought
(f)	Expiry date/s of	(I)
period to which exemption relates
(g)	Reasons for	(g)
application (include relevant paragraph/s of section 102(2) of the Mining Act 1978 if applicable)

108 GOVERNMENT GAZETTE, WA 17 January 2003

APPLICATION is made for exemption for the period specified from the expenditure conditions applicable to the abovementioned mining tenement/s.

DATED this day of 20

(h) Signature of holder or
authorised agent (h) ....................................................................................

OBJECTIONS to this application may be lodged at the office of the mining registrarat .....................................................................................................................

on or before the day of 20

Where an objection to this application is lodged the hearing will take place on a date to be set.

0	Received at ........................................................m
Fon	..........................................................................

withfee of$...........................................................

C E

U

5

E	(Mining Registrar)
Form 19	WESTERN AUSTRALIA
Mining Act 1978
(s. 102 and 102A, r. 58)
CERTIFICATE OF EXEMPTION
No.
This is to certify that the holder of—

(a)	Type of	(a)
Number/s and

tenement/s

Mineral Field

has been granted exemption from expenditure

under section/s -

(b)	Section/s of the	(b)
Mining Act 1978 under which exemption granted
in the amount/s of—
(c)	Amount of	(c) ($)
expenditure (for each mining tenement affected)
for the above mining tenement/s during the year/s of the term of the tenement/s ending on -

17 January 2003 GOVERNMENT GAZETTE, WA 109

(d)	Expiry date/s of year/s to which exemption relates	(d)
DATED this 20

day of

Mining Registrar

Mineral Field

10.          Second Schedule amended

The Second Schedule is amended in item 4 by inserting after
"conditions" —

" (per tenement affected) ".

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.