Mining Amendment Regulations (No. 6) 2002 (WA)

17 January 2003 GOVERNMENT GAZETTE, WA 109

MP302*

Mining Act 1978

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

[* Reprinted as at 25 July 2002.]

Mining Amendment Regulations (No. 6) 2002

Made by the Governor in Executive Council.

1.            Citation

These regulations may be cited as the Mining Amendment
Regulations (No. 6) 2002.

2.            The regulations amended

110 GOVERNMENT GAZETTE, WA 17 January 2003

3.            Regulation 15 amended

Regulation 15(1) is amended by deleting "wages he would otherwise be entitled to if similarly employed" and inserting instead -

IE

remuneration that the holder would be entitled to if
engaged, under a contractual arrangement, in similar
mining activity

4.            Regulation 16 amended

Regulation 16(1) is repealed and the following subregulations are inserted instead -

(1) A report required under section 51 is to be in the form

No. 5 in the First Schedule and is to be filed -

(a)	within 60 days after each anniversary date of the commencement of the term of the licence or within any extension of that period under subregulation (la); and
(b)	within 60 days after the surrender, forfeiture, expiry or other cancellation of the licence or within any extension of that period under

subregulation (la).

(la) The Minister may, in response to a request made before

the expiry of the 60 day period referred to in
subregulation (1)(a) or (b), extend that period.

5.            Regulation 21 amended

Regulation 2 1(3) is amended by deleting "wages the holder

would otherwise have earned if similarly employed" and

inserting instead -

44

remuneration that the holder would be entitled to if
engaged, under a contractual arrangement, in similar
mining activity

6.           Regulation 22 amended

(1) Regulation 22(1) is amended by deleting the passage beginning

"filed within 60 days after -" and ending "the report." and

inserting instead -

44

filed—

(a) within 60 days after each anniversary date of

the commencement of the term of the licence or

17 -January 2003 GOVERNMENT GAZETTE, WA 111

within any extension of that period under
subregulation (la); and

(b) within 60 days after the surrender, forfeiture, expiry or other cancellation of the licence or within any extension of that period under

subregulation (la). ,,

(2) After regulation 22(1) the following subregulation is inserted -

"

(la) The Minister may, in response to a request made before

the expiry of the 60 day period referred to in
subregulation (1)(a) or (b), extend that period.

7.            Regulation 23E amended

(I) Regulation 23E(l) is amended by deleting the passage

beginning "lodged within 60 days after - " and ending "the

report." and inserting instead -

"

lodged -

(a)	within 60 days after each anniversary date of the commencement of the term of the licence or within any extension of that period under subregulation (la); and
(b)	within 60 days after the surrender, forfeiture, expiry or other cancellation of the licence or within any extension of that period under

subregulation (la).

(2) After regulation 23E(1) the following subregulation is

inserted -

"

(la) The Minister may, in response to a request made before the expiry of the 60 day period referred to in
subregulation (1)(a) or (b), extend that period.

8.            Regulation 31 amended

Regulation 31(1) is amended by deleting "wages he would otherwise be entitled to if similarly employed" and inserting instead -

"

remuneration that the holder would be entitled to if
engaged, under a contractual arrangement, in similar
mining activity

112 GOVERNMENT GAZETTE, WA 17 January 2003

9.            Regulation 32 amended

(1) Regulation 32(1) is amended as follows:

(a)	by deleting "of the Act";
(b)	by deleting the passage beginning "filed within 60 days after -" and ending "the reports." and inserting instead -

IE

filed—

(a) within 60 days after each anniversary date of the commencement of the term of the lease or within any extension of that period under

subregulation (la); and

(b) within 60 days after the surrender, forfeiture, expiry or other cancellation of the lease or within any extension of that period under subregulation (la).

(2) After regulation 32(1) the following subregulation is inserted -

44

(la) The Minister may, in response to a request made before

the expiry of the 60 day period referred to in
subregulation (1)(a) or (b), extend that period.

10.          Regulation 37 amended

(1) Regulation 37(l) is amended as follows:

(a) by inserting after "miscellaneous licence" -

other than a miscellaneous licence described in

subregulation (1 a),

(b) by deleting "of the Act".

(2) After regulation 37(1) the following subregulation is inserted -

44

(la) A miscellaneous licence for the purpose mentioned in

regulation 42B(ia) shall be marked Out -

(a)	by erecting a post (the "datum post") projecting not less than 1 metre above the ground at a corner or angle of the land in respect of which the licence is sought; and
(b)	by affixing to the datum post a notice in the form No. 20 in the First Schedule and a map as referred to in section 93(2).

17 January 2003 GOVERNMENT GAZETTE, WA 113

11.          Regulation 54 amended

(1)	Regulation 54(3) is amended by deleting "exemption - ", paragraphs (a) and (b), and "or" after paragraph (a), and inserting instead -
"

exemption within 28 days after the lodgment of the
application or within any extension of that period under

subregulation (4).

(2)	After regulation 54(3) the following subregulation is inserted
(4) The Minister may, in response to a request made before

the expiry of the 28 day period referred to in
subregulation (3), extend that period.

12.          Regulation 69A amended

Regulation 69A(4) is amended by deleting "(3)" and inserting instead -

" (2)

13.         Regulation 85 amended

Regulation 85(1) is amended by deleting the definition of
"related corporation" and inserting instead -

"

"related corporation", in relation to a body corporate

"first body corporate"),

(the means a body corporate;

corporate that, under section 50 of the

14.          Regulation 107AA inserted

After regulation 107A the following regulation is inserted -

107AA. 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 under
regulation 106(1) despite the fact that the report was

114 GOVERNMENT GAZETTE, WA 17 January 2003

received at the Department after the expiry of the
prescribed period.

15.          Regulation 123 amended

Regulation 123(a) is amended by deleting "30" and inserting instead -

45 ".

16.         Regulation 125 amended

Regulation 125(1) is amended by deleting "14" and inserting instead -

" 30 19.

17.          Regulation 126 amended

Regulation 126 is amended by deleting "30" and inserting instead -

44 21

18.          First Schedule amended

The First Schedule is amended in Form 32 as follows:

(a) by deleting "address" and inserting instead -

" residential or business address (see Note I)

(b) at the end of the form by inserting -

46

Note I: A Post Office Box address is not an acceptable residential or

business address. A Post Office Box address may be included

in addition to the residential or business address.

By Command of the Governor,

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