Mining Rehabilitation Fund Amendment Regulations 2014 (WA)

1148 GOVERNMENT GAZETTE, WA 24 April 2014

MINERALS AND PETROLEUM

MP301*

Mining Rehabilitation Fund Act 2012

Mining Rehabilitation Fund Amendment

Regulations 2014

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Mining Rehabilitation Fund
Amendment Regulations 2014.

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 Rehabilitation Fund
Regulations 2013.

4.             Part 4 inserted

After regulation 19 insert:

Part 4 — Infringement notices

20.           Prescribed offence and modified penalty

(1)	The offence of failing to provide assessment information under section 15(2) of the Act is an offence for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2.
(2)	For the purposes of the Criminal Procedure Act 2004 section 5(3), the modified penalty for the offence mentioned in subregulation (1) is $4 000.

21.           Authorised officers and approved officers

(1) The CEO may, in writing, appoint persons or classes of
persons to be authorised officers or approved officers
for the purposes of the Criminal Procedure Act 2004
Part 2.

24 April 2014 GOVERNMENT GAZETTE, WA 1149

(2) The CEO must issue to each authorised officer a
certificate identifying the officer as a person authorised
to issue infringement notices.

22.           Forms

For the purposes of the Criminal Procedure Act 2004
Part 2, the forms set out in Schedule 2 are prescribed in
relation to the matters specified in those forms.

5.             Schedule 2 inserted

After Schedule 1 insert:

Schedule 2 — Infringement notice forms

[r. 22]

Form 1 — Infringement notice

Mining Rehabilitation Fund Act 2012	Infringement notice no.
INFRINGEMENT NOTICE

Alleged	Name
offender
Address
Details of	Mining
alleged	authorisation
offence
Date or
period
Place
Written law Section of the Mining Rehabilitation
contravened Fund Act 2012
Details of
offence
Date	Date of
notice
Issuing	Name
officer
Office
Signature
Modified	$________
penalty
TAKE	It is alleged that you have committed the above offence.
NOTICE
If you do not want to be prosecuted in court for the
offence, pay the modified penalty to the Approved Officer
within 28 days after the date of this notice.

1150 GOVERNMENT GAZETTE, WA 24 April 2014

If you do not pay the modified penalty within 28 days,
you may be prosecuted or enforcement action may be
taken under the Fines, Penalties and Infringement Notices

Enforcement Act 1994. Under that Act, some or all of the

following action may be taken — your driver’s licence

may be suspended; your vehicle licence may be suspended
or cancelled; your details may be published on a website;
your vehicle may be immobilised or have its number

plates removed; and your property may be seized and

sold.

If you need more time to pay the modified penalty, you
should contact the Approved Officer at the address below.

Paying the modified penalty will not be regarded as an admission for the purposes of any civil or criminal court

case.

If you want this matter to be dealt with by prosecution

in court, sign and date here:

__________________________________ / /20

and post this notice to the Approved Officer at the address

below within 28 days after the date of this notice.

How to	By post	Tick the relevant box below and post this
pay	notice to:
Approved Officer — Mining
Rehabilitation Fund Act 2012
[Insert address]
 I want to pay the modified penalty. A cheque or money order (payable to

‘Approved Officer — Mining

Rehabilitation Fund Act 2012’) for

the modified penalty is enclosed.

 I want to pay the modified penalty
by credit card. Please debit my
credit card account.

[Insert details for credit card payment]

In person	Pay the cashier at:
[Insert address]

24 April 2014 GOVERNMENT GAZETTE, WA 1151

Form 2 — Withdrawal of infringement notice

Mining Rehabilitation Fund Act 2012 Withdrawal no.

WITHDRAWAL OF

INFRINGEMENT NOTICE

Alleged	Name
offender
Address
Details of	Infringement
infringement	notice no.
notice
Date of issue
Details of	Mining
alleged	authorisation
offence
Date or
period
Place
Written law Section of the Mining
contravened Rehabilitation Fund Act 2012
Details of
offence
Approved	Name
Officer
Office
withdrawing
notice	Signature
Date	Date of
withdrawal
Withdrawal	The above infringement notice issued against you for
of	the above alleged offence has been withdrawn.
infringement
If you have already paid the modified penalty for the
notice
alleged offence, you are entitled to a refund.
[*Delete
1. Your refund is enclosed.
whichever is not
applicable]	or
2. If you have paid the modified penalty but a refund is not enclosed, you may claim your refund by signing and dating this notice and posting it to:

Approved Officer — Mining Rehabilitation Fund

Act 2012

[Insert address]

Your	Date
signature

N. HAGLEY, Clerk of the Executive Council.