Mining Act 1978

Mining Regulations 1981

 

Mining Regulations 1981

Contents

Part I — Preliminary

1.Citation and commencement1

2.Terms used1

Part II — Miner’s rights

3.Miner’s rights, form4

4.Quantity of samples or specimens4

Part IIA — Permits under section 40E

4A.Terms used5

4B.Prescribed office (Act s. 40E(1))5

4C.Prescribed depth (Act s. 40E(6)(b))6

4D.Application for permit6

4E.Area of land to which permit applies6

4F.Permit conditions7

4G.Notice of issue of permit7

4H.Statement by holder of exploration licence7

4I.Commencement of operation of permit8

4J.Expiry of permit8

4K.Surrender of permit9

4L.Powers available to Minister where breach of condition etc.9

4M.Right of permit holder to make submissions10

4N.Prospecting report on recovered minerals10

4O.Prohibition of use of certain hand tools11

4P.Application of r. 98 and 9912

Part III — Mining on private land

5.Application for permit to enter private land (Act s. 30)13

6.Form of permit to enter13

7.Notice of application relating to private land (Act s. 33)13

8.Application as to private land (Act s. 37)14

9.Right of way on private land (Act s. 29(7))14

10.Consents under Act s. 2915

10A.Compensation (Act s. 123)15

Part IV — Mining tenements

Division 1 — Prospecting licences

11.Marking out and application16

13.Instrument of licence16

13A.Prescribed official (Act s. 46(aa)(ii))16

14.Limit on amount of earth etc. that may be removed (Act s. 48(c))16

15.Expenditure condition17

16.Reports to be filed (Act s. 51)18

16A.Grounds for extension (Act s. 45(1a))19

16B.Application for extension of prospecting licence (Act s. 45(1a))20

16C.Application for retention status (Act s. 53)20

16D.Marking out of land that has retention status (Act s. 54(6))22

16E.Application for special prospecting licence (Act s. 56A)22

Division 2 — Exploration licences

17.Application22

19.Instrument of licence22

20.Limit on amount of earth etc. that may be removed (Act s. 66(c))23

21.Expenditure condition23

21A.Prescribed official (Act s. 63(aa)(ii))26

22.Reports to be filed (Act s. 68(3))27

23.Endorsement of plans upon surrender (Act s. 65)27

23AA.Refund of rent following unsuccessful application under Act s. 65(1a)28

23AB.Grounds for extension (Act s. 61(2))28

23A.Extension of exploration licence (Act s. 61)29

23BA.Application for retention status (Act s. 69A)30

23BB.Application for special prospecting licence (Act s. 70)31

Division 2A — Retention licences

23B.Application and marking out32

23C.Time for lodging statutory declaration32

23D.Instrument of licence32

23DA.Prescribed official (Act s. 70H(1))32

23E.Reports to be lodged (Act s. 70H(1))33

23F.Application for renewal (Act s. 70E(2))33

23G.Limit on amount of earth etc. that may be removed (Act s. 70J(c))34

Division 3 — Mining leases

24.Marking out and application35

25AA.Time for lodging mining proposal35

25.Guidelines, publication of (Act s. 70P)35

25A.Marking out after grant of lease (Act s. 73(2))35

25B.Fees for copies of certain documents36

25C.Qualified persons (Act s. 74(7))36

26.Instrument of lease36

28.Additional condition36

28A.Additional rent for mining lease producing iron ore37

29.Application for renewal (Act s. 78)37

30.Notice required (Act s. 56A(8), 70(6) or 85B(3))38

31.Expenditure condition39

31A.Prescribed official (Act s. 82(1)(ca))40

32.Reports to be filed (Act s. 82(1))40

32A.Act s. 82A, prescribed matters for40

33A.Act s. 84AA, prescribed matters for41

Division 4 — General purpose leases

33.Marking out and applying for lease42

35.Instrument of lease42

36.Covenants and conditions42

36A.Application for renewal (Act s. 88)43

Division 5 — Miscellaneous licences

37.Application44

38.Shape of licence44

41.Covenants and conditions44

42.Instrument of licence45

42A.Application for renewal (Act s. 91A or 91B)45

42B.Prescribed purposes (Act s. 91(1))46

Division 6 — Surrenders and forfeitures

43.Surrender of tenement (Act s. 95)47

44.Shape of tenement after partial surrender (Act s. 95)48

45.Marking out etc. required for partial surrender49

46.Partial surrender to be endorsed on instrument of lease or licence50

47.Consent of mortgagee to surrender50

47A.Refund where conditional surrender of mining lease or general purpose lease50

49.Forfeiture for non‑payment of rent etc. (Act s. 96(1))51

50.Notice to holder of mining tenement of intended forfeiture52

51.Application for restoration of tenement (Act s. 97A)53

51A.Notice of application for restoration (Act s. 97A)53

52.Reduced expenditure where forfeiture plaint lodged53

53.Reduced expenditure where forfeiture cancelled54

Division 7 — Exemptions

54.Application for certificate of exemption (Act s. 102)54

58.Certificate of exemption (Act s. 102 or 102A)55

58A.Aggregate exploration expenditure (Act s. 102(2a))55

Part V — General regulations

Division 1A — Lodging, filing documents

59A.Prescribed manner of lodging, filing documents56

59B.Lodging mining tenement documents through Department’s website56

Division 1 — Marking out mining tenements

59.Manner of marking out tenement (Act s. 105)57

60.Stones used to support posts58

61.Marking out surveyed land58

62.Surplus land may be applied for by others58

63.Land marked out but not applied for59

63A.Requirement for marking out following grant of reversion licence59

Division 2 — Applications

64.Application for mining tenement60

64A.Notice of application for prospecting licence, exploration licence, retention licence or mining lease62

64B.Notice of application for mining tenement to pastoral lessee etc. (Act s. 118)62

64C.Copy of application for miscellaneous licence (Act s. 91(9))63

65.Number of shares to be stated on application63

66.Description of boundaries63

68.Warden may obtain report63

69.Withdrawal of applications64

70.Refund of rent on withdrawal or refusal of application64

70A.Amalgamation of secondary tenement (Act s. 67A)64

70BA.Prescribed period for lodging certain applications for areas compulsorily surrendered (Act s. 105A(3))65

70BB.Prescribed period for lodging certain applications or marking out land after forfeiture of exploration licence, mining lease or general purpose lease (Act s. 105A(3))65

70BC.Prescribed period for lodging certain applications after expiry of mining tenement (Act s. 105A(3))66

70BD.Prescribed period for lodging other applications for exploration licences (Act s. 105A(3))66

70B.Agreement as to priority (Act s. 105A(3))67

70C.Refund where licence substituted or lease refused67

70D.Refund when retention licence granted or refused67

70E.Partial refund of application fee in certain circumstances68

Division 3 — Boundary marks

71.Boundary marks to be maintained69

72.No liability for mining if boundary marks not maintained69

73.Holder to identify boundaries69

74.False documents or notices not to be posted up69

Division 3A — Fossicking

74A.Means of fossicking70

Division 4 — Transfers, caveats, mortgages

75.Transfer of tenement70

76.Lodgment of caveats (Act s. 122A)71

76A.Withdrawal of caveats71

76B.Notification of registration of surrender (Act s. 122(2))72

77.Mortgage72

79.Covenants included in mortgage72

80.Mortgagee’s expenses may be added to security74

81.Transfer under powers contained in mortgage74

82.Redemption of mortgage74

83.Discharge of mortgage74

84.Transfer of mortgage75

Division 4AA — Memorials for unpaid tax

84AA.Tax memorial75

84AB.Withdrawal of memorial75

Division 4A — Lodgment of instruments and the register

84B.Provisional lodgment75

84C.Content of register77

84D.Fees for copies of entries, dealings etc. (Act s. 103F(4))78

84E.Amendment of register78

84F.Inclusion of information in register despite late lodgment of report79

Division 5 — Production and royalties

85.Terms used79

85AA.Effect of GST etc. on royalties81

85AB.Conversion to Australian currency82

85A.Quarterly production reports83

85B.Royalty return84

86.Rates of royalty85

86AA.Rates of royalty in respect of gold93

86AB.Royalty value for nickel, and for cobalt and copper sold as a nickel by‑product99

86AC.Rates of royalty for ilmenite feedstock100

86AD.Royalty value of iron ore101

86AE.Rates of royalty for lithium: feedstock and sales to related parties105

86A.Payment of royalties105

86B.Tenement within Carnarvon Irrigation District108

86D.Exemption in respect of certain clay, gravel, limestone, rock or sand108

86E.Exemption in respect of rock for Eyre Highway108

87.Minister may determine value of mineral for the purpose of calculating royalties109

87A.Notice of determination and assessment under r. 87110

87B.Records110

89.Recovery of royalty111

Division 5A — Prescribed Australian datum

89A.Geocentric Datum of Australia (Act s. 9B)111

Division 6 — Miscellaneous

89B.Prescribed office (Act s. 8(1))112

89C.Identified mineral resource (Act s. 8(1))112

90.Forms to be completed in accordance with directions113

91.Appeal to Minister113

92.Shape of tenement113

95.Tenements within more than one mineral field or district114

95A.Mining statistics114

96.Release of mining information115

96A.Authorisation for release of information in mineral exploration reports117

96B.Guidelines, publication of (Act s. 115A)118

96CA.Release of certain information compiled from environment reports118

96C.Specific expenditure provisions120

96D.Drill cores122

97.No mining that obstructs public thoroughfares etc.123

98.Control of detritus, dirt etc.123

99.Decency and sanitation123

100.Removal of fences, timbers etc.123

101.Manner of camping (Act s. 40D(1)(f))123

101A.Notice before mining under certain Crown land or private land124

102.Devolution on death etc.124

105.Application for copy document125

108.Appointment of attorney126

109.Fees and rents126

111.Service of notices127

112.Securities128

112A.Discharge of security, application for (Act s. 126(7))128

113.Employees not to use information128

113A.Prescribed persons before whom affidavit may be sworn (Act s. 160D)129

113B.Prescribed official for certified documents (Act s. 161)129

114.Warden’s order not to be disobeyed129

115.General penalty129

Part VI — Surveys

116.Terms used131

117.Approved surveyors131

118.Initiation of mining surveys132

118A.Notice of proposed mining surveys133

118B.When mining surveys are to be carried out133

118C.Refund of certain survey fees134

119.Boundary marks to be pointed out134

120.Adjustment of boundaries135

120A.Disputes and objections in mining survey136

120B.Cost of travelling137

120C.Correction of errors or omissions137

120D.Cost of check surveys and of correction of errors to be met by approved surveyors138

120E.Report of surveyed tenements to be prepared138

Part VIA — Inspectors

Division 1 — Inspectors

120F.Assignment of inspectors for environmental purpose139

120G.Inspectors may enter mining tenement or mine140

Division 2 — Directions to modify mining operations

120H.Inspectors may issue directions140

120I.Directions141

120J.Review of direction141

120K.Compliance with directions142

Division 3 — Stop Work Orders

120L.Inspectors may issue Stop Work Orders143

120M.Stop Work Orders144

120N.Review of Stop Work Order144

120O.Compliance with Stop Work Orders145

Part VIB — Aerial photography

120P.Terms used147

120Q.Information to be provided as to aerial photography147

120R.Register148

120S.Confidentiality of information148

Part VII — Proceedings in warden’s court

121.Proceedings149

122A.Lodging proceedings documents through Department’s website149

122.Lodgment, withdrawal of plaint151

123.Issue of summons151

124.Service of summons152

125.Time for service152

126.Notice of defence152

127.Witness summons153

127A.Requirements for service153

127B.Address for service of lodged documents154

127CA.Ordinary service155

127CB.Electronic addresses for service155

127CC.Service electronically156

127C.Documents served by bailiff157

127D.Documents served by other persons158

127E.Substituted service158

127F.Content of affidavit158

127G.Prescribed form of copy of evidence (Act s. 137(4))159

128.Costs159

129.Copy of judgment160

135.Appeal to Supreme Court (Act s. 147)160

136.Injunction160

Part VIII  Proceedings before warden under Part IV of the Act

Division 1 — General

137.Terms used161

138A.Lodging proceedings documents through Department’s website162

138.Mention hearing164

139.Default determination164

Division 2 — Applications under section 96(1)(b) and 98

140.Making an application165

141.Response165

142.Settlement, admission and discontinuance166

143.Joinder167

144.Particulars167

145.Disclosure of documents by applicant167

Division 3 — Objections under the Act Part IV

146.Making an objection168

147.Procedure when objection heard together with proceedings under Division 2169

Division 4 — Service

148.Requirements for service169

149.Address for service of lodged documents170

150AA.Ordinary service171

150AB.Personal service171

150AC.Warden may dispense with personal service172

150A.Electronic addresses for service173

150B.Service electronically173

150.Documents served by other persons175

151.Substituted service175

Division 5 — Interlocutory orders and directions by the warden

152.General powers of the warden in relation to interlocutory orders and directions176

153.Applications for interlocutory orders or directions178

Division 6 — Conduct of hearings

154.Conduct of hearings generally178

155.Attendance at mention hearings and interlocutory hearings179

156.Attendance at substantive hearings of proceedings180

Division 7 — Evidence

157.Summons of witness180

158.Time for service of summonses181

159.Content of affidavit182

160.Production of documents before hearing182

161.Directions for expert witnesses183

162.Party may adduce affidavit evidence183

163.Records of evidence184

164.Return of documents and other things after hearing184

Division 8 — Costs

165.Costs185

166.Warden’s review of decisions of mining registrar187

167.Security for costs187

168.Recovery of costs187

Division 8A — Representation of parties

168A.Representation188

168B.Notice of representation189

168C.Leave to be represented by agent189

Division 9 — Miscellaneous

170.Warden may act on own initiative190

171.Practice directions191

172.Application of Act s. 142 and 146191

173.Copy of determination192

174.Offences192

Schedule 1 — Forms

Form 1Miner’s right194

Form 1AApplication for permit under section 40E195

Form 2Application for permit to enter upon private land197

Form 3Permit to enter upon private land198

Form 3AClaim for compensation and consent for an informal determination by the warden199

Form 4Prospecting licence200

Form 5Operations report — expenditure on mining tenement201

Form 6Exploration licence207

Form 7Retention licence208

Form 8Mining lease209

Form 9Application for extension of term/renewal of a mining tenement211

Form 10General purpose lease213

Form 11Miscellaneous licence215

Form 12Surrender216

Form 13Notice of re‑marking217

Form 14Partial surrender218

Form 15Application for forfeiture under section 96(1)(a)220

Form 16Objection221

Form 17Application for restoration223

Form 18Application for exemption225

Form 19Certificate of exemption227

Form 20Notice of marking out228

Form 21Application for mining tenement229

Form 22Withdrawal234

Form 23Transfer235

Form 24Caveat237

Form 24AWithdrawal of caveat239

Form 25Mortgage240

Form 26Discharge of mortgage242

Form 26APartial discharge of mortgage244

Form 26BTax memorial246

Form 26CWithdrawal of memorial248

Form 28Devolution250

Form 29Application for copy document251

Form 30Application to amend252

Form 31Power of attorney254

Form 32Security256

Form 33Plaint and Summons258

Form 35Affidavit of service260

Form 35AApplication for forfeiture under section 96(1)(b) or 98262

Form 36Response264

Form 36AInterlocutory application266

Form 37Summons to witness268

Form 38Judgment of a warden’s court/determination of a warden270

Form 42Notice of appeal under section 147271

Form 43Injunction272

Form 44Report of approved surveyor273

Schedule 2 — Fees and rents

Schedule 3 — Transitional provisions relating to Geocentric Datum of Australia

1.Terms used279

2.Australian Geodetic Datum279

3.Exploration licences280

4.Land surrendered or forfeited etc.280

5.Land exempted under section 19282

6.Areas declared under section 57(4), and savings282

7.Certain prospecting licences and mining leases may be amalgamated with existing exploration licences283

8.Prescribed land does not need to be marked out283

Schedule 4 — Scale of costs for proceedings under Part IV of the Act

1.Terms used285

2.Hourly rates285

3.Scale of costs286

Notes

Compilation table291

Other notes301

Defined terms

 

Mining Act 1978

Mining Regulations 1981

Part I  Preliminary

1.Citation and commencement

(1)These regulations may be cited as the Mining Regulations 1981.

(2)These regulations shall come into operation on the day on which those provisions of the Act referred to in section 2(2) thereof come into operation.

2.Terms used

In these regulations unless the contrary intention appears —

block has the meaning ascribed to it in Part IV, Division 2 of the Act;

date of application when referring to an application for a mining tenement means the date on which the application is lodged together with the prescribed fees;

Director Operations, Resource and Environmental Compliance Division means the person for the time being holding or acting in the office of Director Operations, Resource and Environmental Compliance Division in the Department;

environmental officer means a person for the time being holding or acting in the office of Environmental Officer in the Resource and Environmental Compliance Division of the Department;

Executive Director, Resource and Environmental Compliance Division means the person for the time being holding or acting in the office of Executive Director, Resource and Environmental Compliance Division in the Department;

existing exploration licence means an exploration licence —

(a)granted before the commencement of section 16 of the Mining Amendment Act 1990 1; or

(b)for which an application was made before the commencement of section 16 of the Mining Amendment Act 1990 1 and which has subsequently been granted;

file means file at any mining registrar’s office;

Form, followed by a designation, means the form with that designation in Schedule 1;

graticular exploration licence means an exploration licence the application for which was made on or after the commencement of section 16 of the Mining Amendment Act 1990 1 and which has subsequently been granted;

graticular section has the meaning ascribed to it in Part IV, Division 2 of the Act;

lawyer means an Australian legal practitioner as defined in the Legal Profession Act 2008 section 3;

lodge means lodge at any mining registrar’s office;

mineral exploration report has the same meaning as it has in section 115A(1);

prescribed fee means the relevant fee set out in Schedule 2;

quarterly period means each period of 3 calendar months from the date on which the term of a mining tenement commences;

royalty return means a royalty return referred to in regulation 85B;

section means section of the Act;

term of a mining tenement means the period for which the tenement remains in force whether as originally granted or as renewed, extended or otherwise continued;

working day means a day on which any mining registrar’s office is open for business.

[Regulation 2 amended: Gazette 12 Nov 1982 p. 4490; 2 Oct 1987 p. 3813; 20 May 1988 p. 1705; 31 May 1991 p. 2696; 24 Jun 1994 p. 2927‑8; 13 Oct 1995 p. 4814; 3 Feb 2006 p. 575-6; 9 Mar 2007 p. 867; 15 Jan 2010 p. 97 and 136; 18 Mar 2011 p. 911‑12; 22 Dec 2017 p. 5989‑90 and 5992‑3; 13 Dec 2019 p. 4232.]

Part II  Miner’s rights

3.Miner’s rights, form

A miner’s right shall be in the form of Form 1.

[Regulation 3 amended: Gazette 15 Jan 2010 p. 98.]

4.Quantity of samples or specimens

The quantity of each sample or specimen the holder of a miner’s right may extract or remove from Crown land —

(a)under section 40D(1)(c); or

(b)when fossicking,

shall not, on each occasion a sample or specimen is taken, exceed 20 kg.

[Regulation 4 inserted: Gazette 20 Oct 1987 p. 3813; amended: Gazette 31 May 1991 p. 2696; 1 Feb 2013 p. 450.]

Part IIA — Permits under section 40E

[Heading inserted: Gazette 2 Feb 2001 p. 705; amended: Gazette 1 Feb 2013 p. 450.]

4A.Terms used

In this Part —

date of issue, in relation to a permit, means the day on which the permit is issued;

issuing officer means the mining registrar or the holder of the office referred to in regulation 4B;

licensee statement, in relation to land, means a statement made in relation to the land under regulation 4H;

permit means a permit under section 40E;

permit holder, in relation to a permit, means the person who is or was the holder of the permit;

relevant exploration licence, in relation to an application for a permit in respect of land, or a permit issued in respect of land, means the exploration licence that was in force for the land when the application was made or the permit was issued.

[Regulation 4A inserted: Gazette 2 Feb 2001 p. 705; amended: Gazette 1 Feb 2013 p. 450.]

4B.Prescribed office (Act s. 40E(1))

For the purposes of section 40E(1) the office of Manager Mining Information Counter, Resource Tenure Division of the Department is prescribed.

[Regulation 4B inserted: Gazette 2 Feb 2001 p. 705; amended: Gazette 18 Mar 2011 p. 912; 1 Feb 2013 p. 451; 22 Dec 2017 p. 5990.]

4C.Prescribed depth (Act s. 40E(6)(b))

For the purposes of section 40E(6)(b) the prescribed depth is 2 m below the natural surface of the land.

[Regulation 4C inserted: Gazette 2 Feb 2001 p. 705; amended: Gazette 1 Feb 2013 p. 451.]

4D.Application for permit

(1)An application for a permit is to be in the form of Form 1A.

(2)The application is to be accompanied by the relevant application fee set out in Schedule 2 item 10.

(3)The application may be accompanied by a licensee statement.

[Regulation 4D inserted: Gazette 2 Feb 2001 p. 705‑6; amended: Gazette 15 Jan 2010 p. 98 and 136; 24 Jun 2011 p. 2510; 18 Jun 2019 p. 2048.]

4E.Area of land to which permit applies

(1)The area of land in respect of which a permit is issued is to be a block or blocks but is not to exceed 10 blocks.

(2)If a permit is issued in respect of 2 or more blocks the graticular sections that constitute those blocks are to —

(a)constitute a single area; and

(b)each have a side in common with at least one other graticular section in that area.

(3)The area of land in respect of which a permit is issued is to be specified in the permit by reference to the number of the block or each block, as the case requires, on a plan held at the Department.

[Regulation 4E inserted: Gazette 2 Feb 2001 p. 706.]

4F.Permit conditions

(1)An issuing officer may impose one or more of the following conditions on the issue of a permit in respect of land —

(a)a condition relating to the conservation of the land and its environment;

(b)where the land is the subject of a pastoral lease within the meaning of the Land Administration Act 1997, a condition requiring the permit holder to give a copy of the permit to the holder of the pastoral lease before prospecting for minerals on the land;

(c)if the application for the permit is not accompanied by a licensee statement, a condition requiring the permit holder not to prospect on the land before the permit comes into operation under regulation 4I;

(d)a condition requiring the permit holder to comply with regulation 4O(1);

(e)any other reasonable condition.

(2)An issuing officer may vary or cancel a condition imposed under subregulation (1) by notice in writing given to the permit holder.

[Regulation 4F inserted: Gazette 2 Feb 2001 p. 706.]

4G.Notice of issue of permit

An issuing officer is to cause a copy of a permit to be given to the holder of the relevant exploration licence as soon as practicable after the date of issue.

[Regulation 4G inserted: Gazette 2 Feb 2001 p. 706.]

4H.Statement by holder of exploration licence

(1)The holder of an exploration licence for land may make a written statement setting out any comments the license holder wishes to make in relation to prospecting activities proposed to be carried out on the land under a permit.

(2)A licensee statement may be given to a person who proposes to apply, or has applied, for a permit, or to whom a permit has been issued, in respect of the land.

[Regulation 4H inserted: Gazette 2 Feb 2001 p. 707.]

4I.Commencement of operation of permit

(1)If a permit holder received a licensee statement before the permit was issued, the permit comes into operation on the date of issue.

(2)If a permit holder receives a licensee statement after the date of issue, but within 21 days after the date of issue, the permit comes into operation on the day on which the permit holder receives the licensee statement.

(3)If the permit holder does not receive a licensee statement before the end of the period of 21 days after the date of issue, the permit comes into operation at the end of that 21‑day period.

[Regulation 4I inserted: Gazette 2 Feb 2001 p. 707.]

4J.Expiry of permit

(1)A permit stops being in force in respect of land when one of the following happens —

(a)a notice of the surrender of the permit is lodged under regulation 4K;

(b)the permit is cancelled under regulation 4L(2)(b);

(c)the relevant exploration licence stops being in force;

(d)a mining lease, general purpose lease or retention licence is granted in respect of the land;

(e)the period of 3 months after the date of issue of the permit ends.

(2)Subregulation (1)(c) does not apply if the relevant exploration licence stops being in force because a prospecting licence or an exploration licence is granted in respect of the land as a result of a reversion licence application.

[Regulation 4J inserted: Gazette 2 Feb 2001 p. 707; amended: Gazette 3 Feb 2006 p. 576.]

4K.Surrender of permit

(1)A permit holder may surrender his or her permit by lodging notice in writing.

(2)A notice under subregulation (1) is to be —

(a)signed by the permit holder or each permit holder (if more than one); and

(b)where possible, accompanied by the permit.

[Regulation 4K inserted: Gazette 2 Feb 2001 p. 707; amended: Gazette 18 Mar 2011 p. 912.]

4L.Powers available to Minister where breach of condition etc.

(1)This regulation applies if the Minister is satisfied that a permit holder —

(a)has contravened a condition referred to in section 40E(5) or imposed on the permit in accordance with regulation 4F; or

(b)has included in the application for the permit information that the permit holder knew was false or misleading in a material respect at the time the application was made.

(2)The Minister may, subject to regulation 4M, do one or more of the following —

(a)order the permit holder to pay a monetary penalty not exceeding $5 000;

(b)cancel the permit;

(c)disqualify the permit holder from holding or applying for a permit for such period, not exceeding 3 years from the date of the decision to disqualify, as the Minister thinks fit.

(3)The Minister may take action under subregulation (2)(a) or (c) whether or not the permit has expired or has been surrendered.

(4)If there are 2 or 3 permit holders for a particular permit, those permit holders are jointly and severally liable for the payment of a penalty imposed under subregulation (2)(a).

(5)The Minister may recover a penalty imposed under subregulation (2)(a) in a court of competent jurisdiction as a debt due by the permit holder to the State.

[Regulation 4L inserted: Gazette 2 Feb 2001 p. 708; amended: Gazette 1 Feb 2013 p. 451.]

4M.Right of permit holder to make submissions

(1)The Minister is not to take action under regulation 4L(2) unless the Minister —

(a)has caused a notice in accordance with subregulation (2) to be posted to the permit holder at his or her last known address; and

(b)has considered any submissions made by the permit holder on or before the date specified in the notice.

(2)The notice is to specify —

(a)the proposed action; and

(b)a date on or before which the permit holder may make written submissions to the Minister on the matter.

[Regulation 4M inserted: Gazette 2 Feb 2001 p. 708.]

4N.Prospecting report on recovered minerals

(1)If a permit holder recovers any minerals from land in the course of prospecting in accordance with the permit, the permit holder is to prepare and lodge a written report in accordance with subregulations (2) and (3).

(2)The report is to —

(a)contain details of each type of mineral recovered from the land; and

(b)specify the quantity of each type of mineral recovered; and

(c)specify, in relation to each type of mineral recovered, the exact location of its recovery.

(3)The permit holder must, within 14 days after the permit stops being in force —

(a)lodge the report, or cause it to be lodged; and

(b)give a copy of the report to the holder of the relevant exploration licence.

(4)A person who contravenes subregulation (1) commits an offence.

(5)A person who, in a report, gives information that the person knows is false or misleading in a material respect commits an offence.

[Regulation 4N inserted: Gazette 2 Feb 2001 p. 709; amended: Gazette 18 Mar 2011 p. 912.]

4O.Prohibition of use of certain hand tools

(1)A permit holder is not to use powered or hydraulically driven hand tools on the land the subject of the permit.

(2)A person who contravenes subregulation (1) commits an offence.

[Regulation 4O inserted: Gazette 2 Feb 2001 p. 709.]

4P.Application of r. 98 and 99

Regulations 98 and 99 apply to a permit holder as if references in those regulations to —

(a)the holder of a mining tenement included a permit holder; and

(b)the tenement included the land the subject of a permit.

[Regulation 4P inserted: Gazette 2 Feb 2001 p. 709.]

Part III  Mining on private land

5.Application for permit to enter private land (Act s. 30)

(1)Applications under section 30 of the Act for a permit to enter on any private land shall be —

(a)lodged in the form of Form 2 together with the prescribed fee; and

(b)accompanied by a map on which the private land is clearly delineated.

(2)For the purposes of section 30(6) the prescribed period is 30 days.

(3)For the purposes of section 30(8) the prescribed offices or positions are —

(a)Executive Director Resource Tenure Division in the Department;

(b)General Manager Resource Tenure in the Resource Tenure Division of the Department.

[Regulation 5 amended: Gazette 31 Jul 1992 p. 3775; 9 Mar 2007 p. 868; 15 Jan 2010 p. 98; 18 Mar 2011 p. 912; 22 Dec 2017 p. 5990.]

6.Form of permit to enter

A permit to enter upon private land shall be in the form of Form 3.

[Regulation 6 amended: Gazette 15 Jan 2010 p. 98.]

7.Notice of application relating to private land (Act s. 33)

(1)The notice required to be given under section 33(1) of the Act is —

(a)a copy of the application for the mining tenement; and

(b)a map or plan on which the boundaries of the land comprising the proposed mining tenement are clearly defined,

to be served within 14 days of the date of lodgment of the application.

(2)If the time prescribed for giving notice under section 33(1) is extended under section 162B of the Act, the applicant shall serve with that notice, and the map or plan referred to in subregulation (1), a written notice stating that the period for lodging objections to the application is within 21 days of the date of service of the documents.

[Regulation 7 amended: Gazette 16 Nov 1990 p. 5728; 31 May 1991 p. 2696; 15 Jan 2010 p. 98-9; 1 Feb 2013 p. 451.]

8.Application as to private land (Act s. 37)

(1)A person desirous of bringing within the operation of Division 3 of Part III of the Act any private land as set out in section 37(1) shall lodge with the prescribed fee a written application, giving a full description of the land, and of his reasons for believing that the same contains minerals, other than gold, silver or precious metals, in payable qualities.

(2)Prior to instructing a geologist or other professional officer to inspect the land the Minister shall give not less than 30 days notice to the owner and occupier of the private land of his intention so to do.

[Regulation 8 amended: Gazette 18 Mar 2011 p. 912.]

9.Right of way on private land (Act s. 29(7))

The right of way required under section 29(7)(b) of the Act shall be marked by clearly delineating it on a lodged map.

[Regulation 9 amended: Gazette 18 Mar 2011 p. 913.]

10.Consents under Act s. 29

(1)The consents in writing referred to in section 29(2) shall be —

(a)filed; and

(b)accompanied by a copy of the certificate of title for the relevant land.

(2)The consents in writing referred to in section 29(6) shall be —

(a)filed; and

(b)accompanied by a copy of the certificate of title for the relevant land.

[Regulation 10 inserted: Gazette 2 Oct 1987 p. 3814; amended: Gazette 4 Apr 1997 p. 1778; 18 Mar 2011 p. 913.]

10A.Compensation (Act s. 123)

(1)A claim for compensation under section 123(3)(a) shall be lodged in the form of Form 3A.

(2)On receipt of a claim for compensation under section 123(3)(a) the mining registrar shall —

(a)fix a date and time for informal proceedings to be heard by the warden’s court; and

(b)advise the owner or occupier and the person liable for payment of compensation of that date and time.

(3)Attendance at informal proceedings referred to in subregulation (2)(a) is not compulsory and parties may submit written submissions to the warden’s court.

[Regulation 10A inserted: Gazette 2 Oct 1987 p. 3814; amended: Gazette 9 Mar 2007 p. 868; 15 Jan 2010 p. 99; 18 Mar 2011 p. 913.]

Part IV — Mining tenements

Division 1 — Prospecting licences

11.Marking out and application

An applicant for a prospecting licence shall comply with the regulations in Part V as to marking out and applying for the licence.

[12.Deleted: Gazette 2 Feb 2001 p. 712.]

13.Instrument of licence

The instrument of licence for a prospecting licence shall be in the form of Form 4.

[Regulation 13 amended: Gazette 15 Jan 2010 p. 99.]

13A.Prescribed official (Act s. 46(aa)(ii))

[(1)deleted]

(2)The office of Environmental Officer in the Resource and Environmental Compliance Division of the Department is prescribed for the purposes of the interpretation of the term prescribed official in section 46(aa)(ii).

[Regulation 13A inserted: Gazette 3 Feb 2006 p. 576; amended: Gazette 18 Mar 2011 p. 913; 22 Dec 2017 p. 5992‑3.]

14.Limit on amount of earth etc. that may be removed (Act s. 48(c))

For the purposes of section 48(c), the limit on the amount of earth, soil, rock, stone, fluid or mineral bearing substances which may be excavated, extracted or removed during the period for which the licence remains in force is 500 tonnes in total, and the excavation, extraction or removal of a larger tonnage, without the Minister’s written approval, shall render the licence liable to forfeiture.

[Regulation 14 inserted: Gazette 31 May 1991 p. 2696.]

15.Expenditure condition

(1)The holder of a prospecting licence shall expend or cause to be expended in mining on or in connection with mining on the licence not less than $40.00 for each hectare or part thereof of the area of the licence with a minimum of $2 000.00 during each year of the term of the licence, but if the holder is directly engaged part‑time or full‑time in mining on the licence itself, then an amount equivalent to the remuneration that the holder would be entitled to if engaged, under a contractual arrangement, in similar mining activity elsewhere in the district shall be deemed to have been expended.

(1aa)Subregulation (1) applies in respect of any period in which a prospecting licence continues in force because of —

(a)an application for a lease under section 49; or

(b)an application for a retention licence under section 70B,

except that the amount to be expended during that period is to be calculated on a pro rata basis for each whole month from the last anniversary date of the commencement of the term of the licence until the application is determined.

(1a)Expenditure incurred under subregulation (1) during the month in which the anniversary date of the commencement of the term of the licence occurs may be treated by the holder as expenditure incurred in either the year immediately preceding that anniversary date or the year starting from such date (including any period referred to in subregulation (1aa)).

(1b)The specific provisions in regulation 96C, relating to allowable expenditure and non‑allowable expenditure for the purposes of calculating expenditure under a licence, apply when calculating expenditure under this regulation.

(2)If a prospecting licence is surrendered then a pro rata reduction of the amount to be expended will apply in respect of each whole month from the date of surrender to the next anniversary date of the commencement of the term of the licence.

(3)If a prospecting licence has retention status, the amount to be expended during the year of the term of the licence in which retention status is approved is to be calculated on a pro rata basis for each whole month from the last anniversary date of the commencement of the term until the end of the month in which the approval takes effect.

(4)Despite subregulation (1), if a prospecting licence has retention status, expenditure is not required under this regulation during any year of the term of the licence after the year in which retention status is approved.

[Regulation 15 amended: Gazette 16 Nov 1990 p. 5728; 31 Jul 1992 p. 3776; 11 Jun 1999 p. 2543; 18 Jun 1999 p. 2642; 17 Jan 2003 p. 110; 3 Feb 2006 p. 577.]

16.Reports to be filed (Act s. 51)

(1)A report required under section 51 is to be in the form of Form 5 and is to be filed —

(a)within 60 days after each anniversary date of the commencement of the term of the licence; and

(b)within 60 days after the surrender, forfeiture, expiry or other cancellation of the licence.

(2)A person who, in a report required under section 51 of the Act, gives information that the person knows is false or misleading in a material respect commits an offence.

[Regulation 16 amended: Gazette 2 Jul 1993 p. 3270; 17 Jan 2003 p. 110; 15 Jan 2010 p. 99; 1 Feb 2013 p. 451.]

16A.Grounds for extension (Act s. 45(1a))

Each of the following is a ground for extension for the purposes of section 45(1a) —

(a)by reason of difficulties or delays —

(i)occasioned by law; or

(ii)arising from administrative, political, environmental or other requirements of governmental or other authorities, in the State or elsewhere; or

(iii)arising from a requirement to conduct an Aboriginal heritage survey on the land; or

(iv)in obtaining requisite consents or approvals for prospecting or for the marking out of a mining lease or general purpose lease in relation to any part of the land; or

(v)in gaining access to the land because of unfavourable climatic conditions,

prospecting, or the marking out and application appropriate to a mining lease or general purpose lease in relation to the land, could not be undertaken or completed or is restricted in a manner that is, or subject to conditions that are, for the time being impracticable;

(b)the land the subject of the licence has for any reason the Minister considers sufficient been unworkable for the whole or a considerable part of any year of the term;

(c)work already carried out under the licence justifies further prospecting;

(d)if the prospecting licence has retention status, the grounds for approval of retention status under section 54 continue to exist.

[Regulation 16A inserted: Gazette 3 Feb 2006 p. 577-8.]

16B.Application for extension of prospecting licence (Act s. 45(1a))

(1)An application under section 45(1a) shall —

(a)be lodged during the final year of the term of the licence; and

(b)be in the form of Form 9.

[(c)deleted]

(2)Before the end of the period of 14 days from the day on which the application is lodged, the applicant must lodge information in support of the proposed ground for extension.

(3)If the licence is continued in force under the Act pending the determination of the application and the application is refused —

(a)if the prescribed rent has been paid under regulation 109(4) — a pro rata refund of rent is to be paid to the applicant in respect of each whole month of the remaining period for which rent has been paid commencing on the day on which the application is refused;

(b)if the prescribed rent has not been paid under regulation 109(4) — rent is to be paid by the applicant in respect of each whole month from the last anniversary date of the commencement of the term of the licence until and including the month during which the application is refused.

[Regulation 16B inserted: Gazette 3 Feb 2006 p. 578-9; amended: Gazette 15 Jan 2010 p. 100; 18 Mar 2011 p. 913; 1 Feb 2013 p. 452; 13 Dec 2019 p. 4232.]

16C.Application for retention status (Act s. 53)

(1)An application under section 53(2) shall —

(a)be lodged; and

(b)be accompanied by a statement specifying —

(i)the details of the programme of work (if any) proposed to be carried out on the land for which retention status is sought; and

(ii)the estimated amount of money (if any) proposed to be expended on such work;

and

(c)be accompanied by a statutory declaration made by the applicant or a person authorised by the applicant to the effect that —

(i)there is an identified mineral resource in, on or under the land for which retention status is sought; and

(ii)mining of that identified mineral resource is impracticable for one or more of the reasons referred to in section 54(1)(b);

and

(d)be accompanied by a description of the boundaries of the land for which retention status is sought; and

(e)be accompanied by a map that clearly indicates —

(i)the boundaries of the land for which retention status is sought; and

(ii)the location of the identified mineral resource.

(2)The application fee for the purposes of section 53(3)(e) is the fee set out in Schedule 2 item 11.

[Regulation 16C inserted: Gazette 3 Feb 2006 p. 579-80; amended: Gazette 15 Jan 2010 p. 136; 18 Mar 2011 p. 913; 24 Jun 2011 p. 2510; 18 Jun 2019 p. 2048.]

16D.Marking out of land that has retention status (Act s. 54(6))

Regulations 59, 60 and 61 apply, with any necessary modifications, in relation to marking out the boundaries of land for the purposes of section 54(6).

[Regulation 16D inserted: Gazette 3 Feb 2006 p. 580.]

16E.Application for special prospecting licence (Act s. 56A)

(1)For the purposes of section 56A(2) the prescribed period is 14 days after the day on which the application for the special prospecting licence is lodged.

(2)For the purposes of section 56A(5a) the prescribed period is 28 days after the day on which the application for the special prospecting licence is lodged.

[Regulation 16E inserted: Gazette 3 Feb 2006 p. 580.]

Division 2 — Exploration licences

17.Application

It shall not be necessary to mark out an exploration licence but an applicant for an exploration licence shall comply with the regulations in Division 2 of Part V with such modifications as the circumstances require.

[18.Deleted: Gazette 2 Feb 2001 p. 712.]

[18A.Deleted: Gazette 3 Feb 2006 p. 580.]

19.Instrument of licence

The instrument of licence for an exploration licence shall be in the form of Form 6.

[Regulation 19 amended: Gazette 15 Jan 2010 p. 100.]

20.Limit on amount of earth etc. that may be removed (Act s. 66(c))

For the purposes of section 66(c), the limit on the amount of earth, soil, rock, stone, fluid or mineral bearing substances which may be excavated, extracted or removed during the period for which the licence remains in force is 1 000 tonnes in total, and the excavation, extraction or removal of a larger tonnage, without the Minister’s written approval, shall render the licence liable to forfeiture.

[Regulation 20 inserted: Gazette 31 May 1991 p. 2697.]

21.Expenditure condition

(1)The holder of an existing exploration licence shall expend, or cause to be expended, in mining on or in connection with mining on the licence during each year of the term of the licence or, where the term of the licence is extended under section 61(2) —

(a)during each of years 1 to 5 of that term, not less than $300 for each square kilometre or part thereof of the area of the licence with a minimum of $20 000; or

(b)during each of years 6 and 7 of the term of the licence, not less than $50 000 per year irrespective of the area of the licence; or

(c)during year 8 and each subsequent year of the term of the licence, not less than $100 000 per year irrespective of the area of the licence.

(1aa)Expenditure incurred under subregulation (1) or (1b) during the month in which the anniversary date of the commencement of the term of the licence occurs may be treated by the holder as expenditure incurred in either the year immediately preceding that anniversary date or the year starting from such date (including any period referred to in subregulation (1c)).

(1a)Where a part of a block comprises or is included in the land in respect of which an exploration licence is granted, the whole of that block is deemed to be subject to the licence for the purposes of subregulation (1b).

(1b)The holder of a graticular exploration licence shall expend, or cause to be expended, in mining on or in connection with mining on the licence —

(a)during each of years 1 to 3 of the term of the licence, $1 000 per block —

(i)with a minimum of $10 000 where one block only is subject to the licence;

(ii)with a minimum of $15 000 where 2 to 5 blocks are subject to the licence;

(iii)with a minimum of $20 000 where 6 or more blocks are subject to the licence;

or

(b)during each of years 4 and 5 of the term of the licence, $1 500 per block —

(i)with a minimum of $10 000 where one block only is subject to the licence;

(ii)with a minimum of $20 000 where 2 to 5 blocks are subject to the licence;

(iii)with a minimum of $30 000 where 6 or more blocks are subject to the licence;

or

(c)during each of years 6 and 7 of the term of the licence, $2 000 per block —

(i)with a minimum of $15 000 where one block only is subject to the licence;

(ii)with a minimum of $30 000 where 2 to 5 blocks are subject to the licence;

(iii)with a minimum of $50 000 where 6 or more blocks are subject to the licence;

or

(d)during year 8, and each subsequent year of the term of the licence, $3 000 per block —

(i)with a minimum of $20 000 where one block only is subject to the licence;

(ii)with a minimum of $50 000 where 2 to 5 blocks are subject to the licence;

(iii)with a minimum of $70 000 where 6 or more blocks are subject to the licence.

(1c)Subregulations (1) and (1b) apply in respect of any period in which an exploration licence continues in force because of —

(a)an application to extend the term of the licence under section 61; or

(b)an application for a lease under section 67; or

(c)an application for a retention licence under section 70B,

except that the amount to be expended during that period is to be calculated on a pro rata basis for each whole month from the last anniversary date of the commencement of the term of the licence until the application is determined.

(1d)If an application for the extension of the term of an exploration licence is granted after the date on which the licence would have expired (but for section 61(3)), the amount to be expended under subregulation (1) or (1b) during the period from the date on which the application is granted until the next anniversary date of the term of the licence is to be calculated on a pro rata basis for each whole month of that period.

(1e)The specific provisions in regulation 96C, relating to allowable expenditure and non‑allowable expenditure for the purposes of calculating expenditure under a licence, apply when calculating expenditure under this regulation.

(2)If an exploration licence is surrendered then a pro rata reduction of the amount to be expended will apply in respect of each whole month from the date of surrender to the next anniversary date of the commencement of the term of the licence.

(3)If during a particular year of the term of an exploration licence or any period referred to in subregulation (1c), the holder of the licence is directly engaged part‑time or full‑time in mining on land the subject of the licence, an amount equivalent to the remuneration that the holder would be entitled to if engaged, under a contractual arrangement, in similar mining activity elsewhere in the district is to be deemed to have been expended during that year or period, as the case requires.

(4)If an exploration licence has retention status, the amount to be expended during the year of the term of the licence in which retention status is approved is to be calculated on a pro rata basis for each whole month from the last anniversary date of the commencement of the term until the end of the month in which the approval takes effect.

(5)Despite subregulations (1) and (1b), if an exploration licence has retention status, expenditure is not required under this regulation during any year of the term of the licence after the year in which retention status is approved.

[Regulation 21 amended: Gazette 16 Nov 1990 p. 5728; 31 May 1991 p. 2697; 31 Jul 1992 p. 3776; 13 Oct 1995 p. 4814‑15; 11 Jun 1999 p. 2543; 18 Jun 1999 p. 2642‑3; 17 Jan 2003 p. 110; 3 Feb 2006 p. 581-3.]

21A.Prescribed official (Act s. 63(aa)(ii))

[(1)deleted]

(2)The office of Environmental Officer in the Resource and Environmental Compliance Division of the Department is prescribed for the purposes of the interpretation of the term prescribed official in section 63(aa)(ii).

[Regulation 21A inserted: Gazette 3 Feb 2006 p. 584; amended: Gazette 18 Mar 2011 p. 914; 22 Dec 2017 p. 5992‑3.]

22.Reports to be filed (Act s. 68(3))

(1)The reports required under section 68(3) shall be a report on operations on the mining tenement in the form of Form 5 to be filed —

(a)within 60 days after each anniversary date of the commencement of the term of the licence; and

(b)within 60 days after the surrender, forfeiture, expiry or other cancellation of the licence.

(2)A person who, in a report required under section 68(3), gives information that the person knows is false or misleading in a material respect commits an offence.

[Regulation 22 amended: Gazette 2 Jul 1993 p. 3270; 13 Oct 1995 p. 4815; 17 Jan 2003 p. 110‑11; 15 Jan 2010 p. 100; 1 Feb 2013 p. 452.]

[22A, 22B.Deleted: Gazette 1 Feb 2013 p. 452.]

23.Endorsement of plans upon surrender (Act s. 65)

(1)The surrender under section 65 of the whole or portion of the land the subject of an exploration licence shall be endorsed on the plans referred to in section 65(5) in the following manner —

(a)the portion surrendered shall be marked on each plan; and

(b)on each plan the portion surrendered shall be endorsed with the exploration licence number and a release number allocated by the Department; and

(c)at a date and time chosen by an officer authorised by the Director General of Mines for the release of the portion surrendered that date and time shall be endorsed on that portion of each plan.

(2)Notification for the purposes of section 65(6)(a) shall be given by endorsing the date (the release date) and time chosen under subregulation (1)(c) on the plans referred to in section 65(5) at least 14 days before the release date.

[Regulation 23 inserted: Gazette 31 May 1991 p. 2697; amended: Gazette 3 Feb 2006 p. 586; 9 Nov 2012 p. 5399.]

23AA.Refund of rent following unsuccessful application under Act s. 65(1a)

(1)If the holder of an exploration licence makes an application under section 65(1a) for an exemption and an exemption is not granted, the holder is entitled to a pro rata refund of rent paid on the blocks surrendered for the period commencing on the day on which the surrender takes effect under section 65(1b).

(2)When calculating a pro rata refund for the purposes of subregulation (1), only whole months of the period referred to in that subregulation are to be the subject of the refund.

[Regulation 23AA inserted: Gazette 13 Oct 1995 p. 4815.]

23AB.Grounds for extension (Act s. 61(2))

Each of the following is a ground for extension for the purposes of section 61(2) —

(a)by reason of difficulties or delays —

(i)occasioned by law; or

(ii)arising from administrative, political, environmental or other requirements of governmental or other authorities, in the State or elsewhere; or

(iia)arising from a requirement to conduct an Aboriginal heritage survey on the land; or

(iii)in obtaining requisite consents or approvals for exploration or for the marking out of a mining lease or general purpose lease in relation to any part of the land; or

(iv)in gaining access to the land because of unfavourable climatic conditions,

the exploration programme, or the marking out and application appropriate to a mining lease or general purpose lease in relation to the land, could not be undertaken or completed or is restricted in a manner that is, or subject to conditions that are, for the time being impracticable;

(b)the land the subject of the licence has for any reason the Minister considers sufficient been unworkable for the whole or a considerable part of any year of the term;

(c)work already carried out under the licence justifies further exploration;

(d)if the exploration licence has retention status, the grounds for approval of retention status under section 69B continue to exist.

[Regulation 23AB inserted: Gazette 13 Oct 1995 p. 4816; amended: Gazette 3 Feb 2006 p. 586-7; 5 Mar 2010 p. 850.]

23A.Extension of exploration licence (Act s. 61)

(1)An application under section 61 to extend the term of an exploration licence shall —

(a)be lodged during the final year of the term of the licence; and

(b)be in the form of Form 9.

[(c)deleted]

(2)Before the end of the period of 14 days from the day on which the application is lodged, the applicant must lodge —

(a)information in support of the proposed ground for extension; and

(b)a summary of work already carried out under the licence; and

(c)a detailed programme of work proposed to be carried out under the licence.

(3)If the licence is continued in force under the Act pending the determination of the application and the application is refused —

(a)if the prescribed rent has been paid under regulation 109(4) — a pro rata refund of rent is to be paid to the applicant in respect of each whole month of the remaining period for which rent has been paid commencing on the day on which the application is refused;

(b)if the prescribed rent has not been paid under regulation 109(4) — rent is to be paid by the applicant in respect of each whole month from the last anniversary date of the commencement of the term of the licence until and including the month during which the application is refused.

[Regulation 23A inserted: Gazette 2 Oct 1987 p. 3815; amended: Gazette 13 Oct 1995 p. 4816; 2 Feb 2001 p. 712; 3 Feb 2006 p. 587-8; 15 Jan 2010 p. 100; 18 Mar 2011 p. 914; 1 Feb 2013 p. 452; 13 Dec 2019 p. 4232‑3.]

23BA.Application for retention status (Act s. 69A)

(1)An application under section 69A(2) shall —

(a)be lodged; and

(b)be accompanied by a statement specifying —

(i)the details of the programme of work (if any) proposed to be carried out on the land for which retention status is sought; and

(ii)the estimated amount of money (if any) proposed to be expended on such work;

and

(c)be accompanied by a statutory declaration made by the applicant or a person authorised by the applicant to the effect that —

(i)there is an identified mineral resource in, on or under the land for which retention status is sought; and

(ii)mining of that identified mineral resource is impracticable for one or more of the reasons referred to in section 69B(1)(b);

and

(d)be accompanied by a description of the boundaries of the land for which retention status is sought; and

(e)be accompanied by a map that clearly indicates —

(i)the boundaries of the land for which retention status is sought; and

(ii)the location of the identified mineral resource.

(2)The application fee for the purposes of section 69A(3)(e) is the fee set out in Schedule 2 item 11.

[Regulation 23BA inserted: Gazette 3 Feb 2006 p. 588-9; amended: Gazette 15 Jan 2010 p. 100 and 136; 18 Mar 2011 p. 914; 24 Jun 2011 p. 2510; 18 Jun 2019 p. 2048.]

23BB.Application for special prospecting licence (Act s. 70)

(1)For the purposes of section 70(2) the prescribed period is 14 days after the day on which the application for the special prospecting licence is lodged.

(2)For the purposes of section 70(5a) the prescribed period is 28 days after the day on which the application for the special prospecting licence is lodged.

[Regulation 23BB inserted: Gazette 3 Feb 2006 p. 589.]

Division 2A — Retention licences

[Heading inserted: Gazette 24 Jun 1994 p. 2928.]

23B.Application and marking out

(1)An applicant for a retention licence is to comply with the regulations in Part V, Division 2 with such modifications as the circumstances require.

(2)It is not necessary to mark out the land in respect of which a retention licence is sought unless the Minister so requires under section 70D(9).

(3)If the Minister requires the land to be marked out the applicant is to do so in accordance with regulations 59, 60 and 61.

[Regulation 23B inserted: Gazette 24 Jun 1994 p. 2928; amended: Gazette 4 Apr 1997 p. 1778.]

23C.Time for lodging statutory declaration

For the purposes of section 70C(2A) the prescribed period is 14 days after the day on which the application for the retention licence is lodged.

[Regulation 23C inserted: Gazette 18 Mar 2011 p. 914.]

23D.Instrument of licence

The instrument of licence for a retention licence shall be in the form of Form 7.

[Regulation 23D inserted: Gazette 24 Jun 1994 p. 2928; amended: Gazette 15 Jan 2010 p. 101.]

23DA.Prescribed official (Act s. 70H(1))

[(1)deleted]

(2)The office of Environmental Officer in the Resource and Environmental Compliance Division of the Department is prescribed for the purposes of the interpretation of the term prescribed official in section 70H(1)(aa)(ii).

[Regulation 23DA inserted: Gazette 3 Feb 2006 p. 589-90; amended: Gazette 18 Mar 2011 p. 914; 22 Dec 2017 p. 5992‑3.]

23E.Reports to be lodged (Act s. 70H(1))

(1)The periodical reports and returns required under section 70H(1)(f) shall be a report on operations on the mining tenement in the form of Form 5 to be lodged —

(a)within 60 days after each anniversary date of the commencement of the term of the licence; and

(b)within 60 days after the surrender, forfeiture, expiry or other cancellation of the licence.

(2)A person who, in a report required under section 70H(1)(f), gives information that the person knows is false or misleading in a material respect commits an offence.

[Regulation 23E inserted: Gazette 24 Jun 1994 p. 2928‑9; amended: Gazette 17 Jan 2003 p. 111; 15 Jan 2010 p. 101; 1 Feb 2013 p. 452.]

23F.Application for renewal (Act s. 70E(2))

(1)An application under section 70E(2) for the renewal or further renewal of a retention licence shall be —

(a)made in the form of Form 9; and

[(b)deleted]

(c)lodged at any time during the final year of the term of that licence.

(2)Before the end of the period of 14 days from the day on which the application is lodged, the applicant must lodge —

(a)a report setting out a summary of any work and any investigations carried out under the licence; and

(b)a detailed programme of any work and any investigations proposed to be carried out under the licence; and

(c)a statutory declaration stating that mining of the identified mineral resource remains impracticable for one or more of the reasons referred to in section 70C(2) (and setting out that reason or those reasons in the statutory declaration).

(3)If the licence is continued in force under the Act pending the determination of the application and the application is refused —

(a)if the prescribed rent has been paid under regulation 109(4) — a pro rata refund of rent is to be paid to the applicant in respect of each whole month of the remaining period for which rent has been paid commencing on the day on which the application is refused;

(b)if the prescribed rent has not been paid under regulation 109(4) — rent is to be paid by the applicant in respect of each whole month from the last anniversary date of the commencement of the term of the licence until and including the month during which the application is refused.

[Regulation 23F inserted: Gazette 24 Jun 1994 p. 2929; amended: Gazette 2 Feb 2001 p. 712; 15 Jan 2010 p. 101; 18 Mar 2011 p. 925; 1 Feb 2013 p. 452; 13 Dec 2019 p. 4233‑4.]

23G.Limit on amount of earth etc. that may be removed (Act s. 70J(c))

For the purposes of section 70J(c), the limit on the amount of land, earth, soil, rock, stone, fluid or mineral bearing substance which may be excavated, extracted or removed during the period for which the retention licence remains in force is 1 000 tonnes in total, and the excavation, extraction or removal of a larger tonnage, without the Minister’s written approval, renders the licence liable to forfeiture.

[Regulation 23G inserted: Gazette 24 Jun 1994 p. 2929.]

[23H.Deleted: Gazette 3 Feb 2006 p. 590.]

Division 3 — Mining leases

24.Marking out and application

An applicant for a mining lease shall comply with the regulations in Part V as to marking out and applying for the lease.

25AA.Time for lodging mining proposal

For the purposes of section 74(1AA) the prescribed period is 14 days after the day on which the application for the mining lease is lodged.

[Regulation 25AA inserted: Gazette 18 Mar 2011 p. 915.]

25.Guidelines, publication of (Act s. 70P)

For the purposes of section 70P —

(a)copies of the guidelines are to be made available at each office of the Department; and

(b)an electronic version of the guidelines is to be published on the Department’s internet website.

[Regulation 25 inserted: Gazette 3 Feb 2006 p. 590.]

25A.Marking out after grant of lease (Act s. 73(2))

Regulations 59, 60 and 61 apply, with any necessary modifications, in relation to marking out the boundaries of an area for the purposes of section 73(2).

[Regulation 25A inserted: Gazette 3 Feb 2006 p. 590.]

25B.Fees for copies of certain documents

A person who wishes to obtain —

(a)a copy of a document referred to in section 74(5); or

(b)a copy of a report under section 74A; or

(c)a copy of any part of such a document or report,

shall pay the fee set out in Schedule 2 item 12.

[Regulation 25B inserted: Gazette 3 Feb 2006 p. 590; amended: Gazette 15 Jan 2010 p. 136; 24 Jun 2011 p. 2511; 18 Jun 2019 p. 2048.]

25C.Qualified persons (Act s. 74(7))

For the purposes of paragraph (a) of the definition of qualified person in section 74(7) each of the following is a prescribed body —

(a)the Australasian Institute of Mining and Metallurgy;

(b)the Australian Institute of Geoscientists.

[Regulation 25C inserted: Gazette 3 Feb 2006 p. 591.]

26.Instrument of lease

The instrument of lease for a mining lease shall be in the form of Form 8.

[Regulation 26 amended: Gazette 15 Jan 2010 p. 101.]

[27.Deleted: Gazette 18 Mar 2011 p. 915.]

28.Additional condition

In addition to the conditions contained in section 82 of the Act it shall be a condition of every mining lease that all holes, pits, trenches and other disturbances to the surface of the land made whilst mining which in the opinion of an environmental officer are likely to endanger the safety of any person or animal will be filled in or otherwise made safe to the satisfaction of the environmental officer.

[Regulation 28 amended: Gazette 3 Feb 2006 p. 591; 18 Mar 2011 p. 915.]

28A.Additional rent for mining lease producing iron ore

(1)In addition to the rent prescribed in Schedule 2, a lessee shall pay rent calculated at the rate of 25 cents per tonne of all forms of iron ore obtained from the mining lease after the expiry of the period of 15 years from —

(a)the day on which iron ore is or was first obtained from that mining lease by the lessee; or

(b)the day on which the Mining Amendment Regulations 1996 came into operation,

whichever is the later day.

(2)The rent shall be paid at any mining registrar’s office within 30 days after the expiry of each quarterly period during which the iron ore was obtained from the mining lease.

(3)A lessee shall, on each occasion that rent is paid under this regulation, lodge a return, in a form approved by the Minister, showing in full the details required to calculate the rent.

[Regulation 28A inserted: Gazette 13 Sep 1996 p. 4598; amended: Gazette 15 Jan 2010 p. 102 and 136; 18 Mar 2011 p. 915.]

29.Application for renewal (Act s. 78)

(1)Application for renewal of a mining lease under section 78 shall be —

(a)made in the form of Form 9; and

[(b)deleted]

(c)lodged at any time during the final year of the term of that lease.

(2)If the lease is continued in force under the Act pending the determination of the application and the application is refused —

(a)if the prescribed rent has been paid under regulation 109(4) — a pro rata refund of rent is to be paid to the applicant in respect of each whole month of the remaining period for which rent has been paid commencing on the day on which the application is refused;

(b)if the prescribed rent has not been paid under regulation 109(4) — rent is to be paid by the applicant in respect of each whole month from the last anniversary date of the commencement of the term of the lease until and including the month during which the application is refused.

[Regulation 29 inserted: Gazette 2 Oct 1987 p. 3816; amended: Gazette 2 Feb 2001 p. 712; 15 Jan 2010 p. 102; 18 Mar 2011 p. 925; 13 Dec 2019 p. 4234.]

30.Notice required (Act s. 56A(8), 70(6) or 85B(3))

When the holder of —

(a)a special prospecting licence granted under section 56A(8); or

(b)a special prospecting licence granted under section 70(6); or

(c)a special prospecting licence granted under section 85B(3),

makes an application for a mining lease for gold in respect of the land or any part of the land which is the subject of a special prospecting licence, that person shall, within 14 days of the date of the application, serve notice in the form of Form 21 on the holder of —

(aa)the prospecting licence first‑mentioned in section 56A(1); or

(bb)the exploration licence referred to in section 70(1); or

(cc)the mining lease referred to in section 85B(1),

as the case may be.

[Regulation 30 inserted: Gazette 24 Jun 1994 p. 2930; amended: Gazette 15 Jan 2010 p. 102.]

31.Expenditure condition

(1)The holder of a mining lease shall expend or cause to be expended in mining on or in connection with mining on the lease not less than $100 for each hectare or part thereof of the area of the lease with a minimum of $10 000 during each year of the term of the lease; but if the holder is directly engaged part‑time or full‑time in mining on the lease itself then an amount equivalent to the remuneration that the holder would be entitled to if engaged, under a contractual arrangement, in similar mining activity elsewhere in the district shall be deemed to have been expended:

Provided that where the area of a mining lease does not exceed 5 ha the minimum annual expenditure shall be $5 000.

(1a)Expenditure incurred under subregulation (1) during the month in which the anniversary date of the commencement of the term of the lease occurs may be treated by the holder as expenditure incurred in either the year immediately preceding that anniversary date or the year starting from such date.

(1b)The specific provisions in regulation 96C, relating to allowable expenditure and non‑allowable expenditure for the purposes of calculating expenditure under a lease, apply when calculating expenditure under this regulation.

(2)If a mining lease is surrendered then a pro rata reduction of the amount to be expended will apply in respect of each whole month from the date of surrender to the next anniversary date of the commencement of the term of the lease.

[Regulation 31 amended: Gazette 16 Nov 1990 p. 5728; 31 Jul 1992 p. 3776; 11 Jun 1999 p. 2544; 18 Jun 1999 p. 2643; 17 Jan 2003 p. 111.]

31A.Prescribed official (Act s. 82(1)(ca))

[(1)deleted]

(2)The office of Environmental Officer in the Resource and Environmental Compliance Division of the Department is prescribed for the purposes of the interpretation of the term prescribed official in section 82(1)(ca)(i).

[Regulation 31A inserted: Gazette 3 Feb 2006 p. 591; amended: Gazette 18 Mar 2011 p. 915; 22 Dec 2017 p. 5992‑3.]

32.Reports to be filed (Act s. 82(1))

(1)The reports required under section 82(1) shall be in the form of Form 5 and filed —

(a)within 60 days after each anniversary date of the commencement of the term of the lease; and

(b)within 60 days after the surrender, forfeiture, expiry or other cancellation of the lease.

(2)A person who, in a report required under section 82(1) of the Act, gives information that the person knows is false or misleading in a material respect commits an offence.

[Regulation 32 amended: Gazette 2 Oct 1987 p. 3816; 2 Jul 1993 p. 3270; 17 Jan 2003 p. 112; 15 Jan 2010 p. 102; 1 Feb 2013 p. 453.]

32A.Act s. 82A, prescribed matters for

(1)For the purposes of section 82A(2) the following kinds of mining operations are prescribed —

(a)open‑cut operations;

(b)underground operations;

(c)quarrying operations;

(d)dredging operations;

(e)harvesting operations;

(f)scraping operations;

(g)leaching operations;

(h)tailing treatment operations;

(i)construction activities incidental or conducive to mining operations, including the construction of plant, tailing storage facilities and overburden dumps.

[(2)deleted]

(3)For the purposes of section 82A(2)(b) the prescribed officials are —

(a)Director Operations, Resource and Environmental Compliance Division;

(b)Executive Director, Resource and Environmental Compliance Division.

[Regulation 32A inserted: Gazette 3 Feb 2006 p. 592; amended: Gazette 18 Mar 2011 p. 915; 22 Dec 2017 p. 5990.]

33A.Act s. 84AA, prescribed matters for

(1)For the purposes of section 84AA(1)(c), (2)(b) and (3) the prescribed officials are —

(a)Director Operations, Resource and Environmental Compliance Division;

(b)Executive Director, Resource and Environmental Compliance Division;

(c)General Manager Minerals, North, Resource and Environmental Compliance Division in the Department;

(d)General Manager Minerals, South, Resource and Environmental Compliance Division in the Department.

(2)For the purposes of section 84AA(3) the prescribed time is 30 days after the day on which the applicable review period under section 84AA(1) or (2) expires.

[Regulation 33A inserted: Gazette 18 Mar 2011 p. 915; amended: Gazette 22 Dec 2017 p. 5990‑1.]

Division 4 — General purpose leases

33.Marking out and applying for lease

An applicant for a general purpose lease shall comply with the regulations in Part V as to marking out and applying for the lease.

[34.Deleted: Gazette 2 Feb 2001 p. 712.]

35.Instrument of lease

The instrument of lease for a general purpose lease shall be in the form of Form 10.

[Regulation 35 amended: Gazette 15 Jan 2010 p. 102.]

36.Covenants and conditions

Every general purpose lease shall contain and be subject to the following covenants and conditions that the lessee shall —

(a)pay the rents due under the lease at the prescribed time and in the prescribed manner; and

(b)use the land in respect of which the lease is granted only for the purposes specified in the lease; and

(c)not transfer or mortgage a legal interest in such land or any part thereof without the prior written consent of the Minister, or of an officer of the Department acting with the authority of the Minister; and

(d)lodge such periodical reports as are approved by the Director General of Mines as being required in respect of a general purpose lease; and

(e)promptly report in writing to the Minister details of all minerals of economic significance discovered in, on or under the land the subject of the lease; and

(f)be liable to have the lease forfeited if he is in breach of any of the covenants or conditions thereof.

[Regulation 36 amended: Gazette 2 Oct 1987 p. 3837; 3 Feb 2006 p. 519; 18 Mar 2011 p. 916.]

36A.Application for renewal (Act s. 88)

(1)Application for renewal of a general purpose lease under section 88 shall be —

(a)in the form of Form 9; and

[(b)deleted]

(c)lodged at any time during the final year of the term of that lease.

(2)If the lease is continued in force under the Act pending the determination of the application and the application is refused —

(a)if the prescribed rent has been paid under regulation 109(4) — a pro rata refund of rent is to be paid to the applicant in respect of each whole month of the remaining period for which rent has been paid commencing on the day on which the application is refused;

(b)if the prescribed rent has not been paid under regulation 109(4) — rent is to be paid by the applicant in respect of each whole month from the last anniversary date of the commencement of the term of the lease until and including the month during which the application is refused.

[Regulation 36A inserted: Gazette 2 Oct 1987 p. 3817; amended: Gazette 2 Feb 2001 p. 712; 15 Jan 2010 p. 103; 18 Mar 2011 p. 925; 13 Dec 2019 p. 4234‑5.]

Division 5 — Miscellaneous licences

37.Application

[(1)deleted]

(2)The applicant for a miscellaneous licence shall comply with the regulations in Part V relating to applications and in addition to giving notice of the application as required under the Act and these regulations, shall also cause copies to be given to each applicant for or holder of any mining tenement comprising any portion of the land the subject of the application.

(3)Within 35 days of the date of application for a miscellaneous licence, the applicant shall lodge written details of —

(a)any works to be constructed in connection with the licence; and

(b)the proposed manner of construction of such works; and

(c)any operations to be carried out on the land the subject of the application.

[Regulation 37 amended: Gazette 16 Nov 1990 p. 5728; 13 Oct 1995 p. 4816; 17 Jan 2003 p. 112; 15 Aug 2003 p. 3693; 15 Jan 2010 p. 103; 18 Mar 2011 p. 925; 1 Feb 2013 p. 453.]

38.Shape of licence

A miscellaneous licence may be of any shape but the boundaries of the land shall where practicable comprise straight lines.

[39.Deleted: Gazette 2 Feb 2001 p. 712.]

[40.Deleted: Gazette 13 Oct 1995 p. 4816.]

41.Covenants and conditions

Every miscellaneous licence shall contain and be subject to the following covenants and conditions that the licensee shall —

(a)pay the rents due under the licence at the prescribed time and in the prescribed manner; and

(b)continuously use the licence for the purpose for which it was granted; and

(c)not transfer or mortgage a legal interest in the licence or any part thereof without the prior written consent of the Minister, or of an officer of the Department acting with the authority of the Minister; and

(d)lodge such periodical reports as are approved by the Director General of Mines as being required in respect of a miscellaneous licence; and

(e)promptly report in writing to the Minister details of all minerals of economic significance discovered in, on or under the land the subject of the licence; and

(f)be liable to have the licence forfeited if he is in breach of any of the covenants or conditions thereof.

[Regulation 41 amended: Gazette 2 Oct 1987 p. 3837; 3 Feb 2006 p. 519; 18 Mar 2011 p. 916.]

42.Instrument of licence

The instrument of licence for a miscellaneous licence shall be in the form of Form 11.

[Regulation 42 amended: Gazette 15 Jan 2010 p. 103.]

42A.Application for renewal (Act s. 91A or 91B)

(1)Application for renewal of a miscellaneous licence under section 91A or 91B shall be —

(a)in the form of Form 9; and

[(b)deleted]

(c)lodged at any time during the final year of the term of that licence.

(2)If the licence is continued in force under the Act pending the determination of the application and the application is refused —

(a)if the prescribed rent has been paid under regulation 109(4) — a pro rata refund of rent is to be paid to the applicant in respect of each whole month of the remaining period for which rent has been paid commencing on the day on which the application is refused;

(b)if the prescribed rent has not been paid under regulation 109(4) — rent is to be paid by the applicant in respect of each whole month from the last anniversary date of the commencement of the term of the licence until and including the month during which the application is refused.

[Regulation 42A inserted: Gazette 2 Oct 1987 p. 3817; amended: Gazette 11 Jun 1999 p. 2544; 2 Feb 2001 p. 712; 15 Jan 2010 p. 104; 18 Mar 2011 p. 925; 1 Feb 2013 p. 453; 13 Dec 2019 p. 4235.]

42B.Prescribed purposes (Act s. 91(1))

For the purposes of section 91(1), a miscellaneous licence may be granted for the use of land for one or more of the following purposes —

(a)a road;

(b)a tramway;

(c)an aerial rope way;

(d)a pipeline;

(e)a power line;

(f)a conveyor system;

(g)a tunnel;

(h)a bridge;

(i)taking water;

(ia)a search for groundwater;

(j)hydraulic reclamation and transport of tailings;

(k)an aerodrome;

(l)a meteorological station;

(m)a sulphur dioxide monitoring station;

(n)a communications facility;

(o)a drainage channel;

(p)a pump station;

(q)a minesite accommodation facility;

(r)a bore;

(s)a bore field;

(t)a water management facility;

(u)a power generation and transmission facility;

(v)a storage or transportation facility for minerals or mineral concentrate;

(w)a minesite administration facility;

(x)a workshop and storage facility;

(y)a jetty.

[Regulation 42B inserted: Gazette 13 Oct 1995 p. 4817; amended: Gazette 4 Apr 1997 p. 1778; 1 Aug 2008 p. 3456.]

Division 6 — Surrenders and forfeitures

43.Surrender of tenement (Act s. 95)

(1)The holder of a mining tenement wishing to surrender in whole such tenement must execute and lodge a surrender in the form of Form 12.

(2)The surrender under section 95 of the Act of one or more mining tenements may be conditional on an application for a new mining tenement in respect of the whole or any part of the area of the mining tenement or mining tenements so surrendered being granted to the holder of that mining tenement or those mining tenements.

[Regulation 43 amended: Gazette 12 Nov 1982 p. 4490; 15 Jan 2010 p. 104; 13 Dec 2019 p. 4235.]

44.Shape of tenement after partial surrender (Act s. 95)

(1)Where a mining tenement is surrendered in part under section 95 of the Act, the part of the tenement remaining after surrender shall except in respect of an exploration licence constitute a single area the shape of which is as near as practicable as the circumstances permit in accordance with regulation 92, but —

(a)in respect of an existing exploration licence, the part remaining shall consist of not more than 3 discrete areas each of which is of the shape prescribed by that regulation or as near to that shape as is practicable; or

(b)in respect of a graticular exploration licence, the graticular sections that constitute the blocks that remain subject to the exploration licence shall comply with section 65(4b).

(2)The surrender in part under section 95 of the Act of one or more mining tenements may be conditional on an application for a new mining tenement in respect of the whole or any part of the area of —

(a)the part of the mining tenement; or

(b)the parts of the mining tenements,

so surrendered being granted to the holder of that mining tenement or those mining tenements.

[Regulation 44 amended: Gazette 12 Nov 1982 p. 4490; 31 May 1991 p. 2697‑8; 9 Nov 2012 p. 5400.]

45.Marking out etc. required for partial surrender

(1)Where a mining tenement is being surrendered as to part only the holder shall —

(a)in the case of a mining tenement other than an exploration licence, comply with subregulations (2) to (4); and

(b)in the case of an exploration licence comply with subregulation (3), but no fee shall be payable for a surrender required pursuant to section 65 of the Act; and

(c)in the case of a surrender under section 65, also comply with the Act as if that surrender were a surrender under section 95.

(2)Additional posts shall be erected and trenches cut as if the part of the tenement to be retained was being marked out as a new mining tenement in accordance with regulation 59 except that, instead of a notice of marking out, a notice of re‑marking in the form of Form 13 shall be used.

(3)A partial surrender in the form of Form 14 shall be executed and lodged with the prescribed fee and, in the case of an exploration licence, evidence of the approval required by section 95A(2).

(4)Any posts or notice of re‑marking placed in connection with a surrender pursuant to this regulation shall be removed in the event of the surrender not being proceeded with or not being registered.

(5)Where a part of a mining tenement is to be surrendered under section 26A, a surrender in the form of Form 14 shall be executed and lodged accompanied by a map clearly delineating the portion of the tenement being surrendered, and the portion being retained, but any further requirements of this regulation do not apply.

[Regulation 45 amended: Gazette 15 Jun 1984 p. 1655; 20 Jun 1986 p. 2084; 26 Jun 1987 p. 2526; 2 Oct 1987 p. 3817; 16 Nov 1990 p. 5728; 31 May 1991 p. 2698 (corrigendum: Gazette 7 Jun 1991 p. 2836); 21 Jun 1991 p. 3055; 24 Jun 1994 p. 2931; 17 Jan 2003 p. 106; 15 Jan 2010 p. 104; 13 Dec 2019 p. 4236.]

46.Partial surrender to be endorsed on instrument of lease or licence

Where a mining tenement is surrendered as to part only, particulars of the registered surrender shall be endorsed on the instrument of lease or licence.

47.Consent of mortgagee to surrender

(1)A surrender relating to a mining tenement encumbered by a mortgage shall be accompanied by the written consent of the mortgagee unless the surrender is pursuant to section 26A or 65 of the Act.

(2)If the surrender referred to in subregulation (1) is conditional in favour of an application for a new mining tenement, the holder and the mortgagee may agree to continue the mortgage against the new tenement and lodge a deed of variation accordingly with the consent referred to in subregulation (1) and upon the conditional surrender being registered, the mortgage shall continue as registered against the new tenement and shall thereafter be of full force and effect in respect of that tenement.

[Regulation 47 amended: Gazette 31 May 1991 p. 2698.]

47A.Refund where conditional surrender of mining lease or general purpose lease

(1)If —

(a)the holder of a mining lease or a general purpose lease surrenders the lease in whole or in part under section 95 conditionally upon the grant of a mining tenement in respect of the whole or any part of the lease; and

(b)that mining tenement is granted,

the holder is entitled to a pro rata refund of rent paid on the whole or such part of the lease as is included in that mining tenement for the period commencing on the day on which that mining tenement is granted.

(2)When calculating a pro rata refund for the purposes of subregulation (1) only whole months of the period referred to in that subregulation are to be the subject of the refund.

[Regulation 47A inserted: Gazette 13 Oct 1995 p. 4817.]

[48.Deleted: Gazette 9 Mar 2007 p. 868.]

49.Forfeiture for non‑payment of rent etc. (Act s. 96(1))

(1)An application for the forfeiture of a mining tenement under section 96(1)(a) of the Act shall be in the form of Form 15.

(2)On receipt of an application referred to in subregulation (1), the warden shall fix a date on which he intends to hear an application for the forfeiture of the mining tenement (hereinafter in this regulation referred to as the fixed date), and the warden shall then cause the following action to be taken —

(a)written notification of the intended hearing to be forwarded by post to the holder of the mining tenement, at least 30 days prior to the fixed date, addressed to him at his last known place of abode or business; and

(aa)where the mining tenement is encumbered by a mortgage, a copy of the notification to be forwarded to the mortgagee by post; and

(b)a notice of the intended hearing to be posted up on the notice board at the office of the mining registrar at least 14 days prior to the fixed date; and

(c)notice of the intended hearing to be published in the Government Gazette at least 14 days prior to the fixed date.

(3)The holder of the mining tenement may lodge a written submission relating to the application at any time before the fixed date.

(4)If a submission is lodged under subregulation (3) the warden shall consider it at the hearing of the application.

[Regulation 49 amended: Gazette 24 Dec 1993 p. 6828; 9 Mar 2007 p. 868‑9; 15 Jan 2010 p. 105; 18 Mar 2011 p. 925.]

50.Notice to holder of mining tenement of intended forfeiture

The Minister may, before declaring under section 96A(1) of the Act that an exploration licence or retention licence is forfeited or declaring under section 97(1) a mining lease or general purpose lease forfeited, as the case requires, cause —

(a)a written notification (which specifies a date on or before which the holder of the exploration licence or retention licence, or of the mining lease or general purpose lease may pay any outstanding rents or royalties or make written submissions that that holder wishes the Minister to consider) to be posted to that holder at his last known place of abode or business giving notice of the intended forfeiture of the exploration licence or retention licence, or of the mining lease or general purpose lease; and

(b)if the exploration licence or retention licence, or the mining lease or general purpose lease is liable to forfeiture for non‑payment of rent or royalties, a notice of the intended forfeiture thereof to be posted on the notice board at the office of the mining registrar and published in the Government Gazette; and

(c)where the mining tenement is encumbered by a mortgage, a copy of the notification to be forwarded to the mortgagee by post.

[Regulation 50 amended: Gazette 24 Jun 1994 p. 2931; 9 Mar 2007 p. 869.]

51.Application for restoration of tenement (Act s. 97A)

An application under section 97A for restoration of a mining tenement and cancellation of forfeiture shall be —

(a)in the form of Form 17; and

(b)accompanied by the prescribed fee; and

(c)accompanied by any outstanding rent payable by the applicant under the Act in relation to the forfeited tenement; and

(d)made within 30 days of the forfeiture of the mining tenement.

[Regulation 51 inserted: Gazette 2 Oct 1987 p. 3818; amended: Gazette 24 Jun 1994 p. 2931; 15 Jan 2010 p. 105; 18 Mar 2011 p. 916; 1 Feb 2013 p. 453.]

51A.Notice of application for restoration (Act s. 97A)

Notice of an application made under section 97A(1) shall be in the form of Form 17.

[Regulation 51A inserted: Gazette 2 Oct 1987 p. 3818; amended: Gazette 15 Jan 2010 p. 105.]

[51B.Deleted: Gazette 9 Mar 2007 p. 869.]

52.Reduced expenditure where forfeiture plaint lodged

Notwithstanding regulations 15(1), 21(1) and (1b) and 31(1), where an application under section 96(1)(b) or 98(1) is lodged, a pro rata reduction in the annual amount to be expended in respect of the mining tenement applies for each whole month from the date of lodgment to the date of determination of the application.

[Regulation 52 inserted: Gazette 16 Nov 1990 p. 5728; amended: Gazette 3 Feb 2006 p. 592; 9 Mar 2007 p. 870; 15 Jan 2010 p. 105.]

53.Reduced expenditure where forfeiture cancelled

Notwithstanding regulations 15(1), 21(1) and 31(1), where —

(a)a mining tenement is forfeited under or by virtue of section 96, 96A or 97 of the Act; and

(b)the forfeiture is then cancelled under section 97A(8),

a pro rata reduction in the annual amount to be expended in respect of the mining tenement applies for each whole month from the date of forfeiture to the date of cancellation of the forfeiture.

[Regulation 53 inserted: Gazette 9 Mar 2007 p. 870.]

Division 7 — Exemptions

54.Application for certificate of exemption (Act s. 102)

(1)An application for a certificate of exemption under section 102 shall be made in the form of Form 18 and lodged with the prescribed fee.

(1a)For the purposes of section 102(1), the prescribed period in which an application may be made, after the end of the year to which the proposed exemption relates, is 60 days.

(1B)A copy of a Form 18 lodged under section 102 must be published on the Department’s website.

(2)An application for a certificate of exemption under section 102A shall be accompanied by the prescribed fee.

(3)An applicant for a certificate of exemption under section 102 or 102A shall also lodge reasons in the form of a statutory declaration supporting the application for the certificate of exemption within 28 days after the lodgment of the application.

[(4)deleted]

[Regulation 54 inserted: Gazette 2 Oct 1987 p. 3818; amended: Gazette 31 May 1991 p. 2698; 13 Oct 1995 p. 4818; 4 Apr 1997 p. 1778; 17 Jan 2003 p. 113; 15 Jan 2010 p. 106; 18 Mar 2011 p. 916; 1 Feb 2013 p. 453; SL 2020/108 r. 4.]

[55.Deleted: SL 2020/108 r. 6.]

[56.Deleted: Gazette 9 Mar 2007 p. 870.]

[57.Deleted: Gazette 2 Oct 1987 p. 3818.]

58.Certificate of exemption (Act s. 102 or 102A)

A certificate of exemption under section 102 or 102A shall be in the form of Form 19.

[Regulation 58 amended: Gazette 2 Oct 1987 p. 3819; 15 Jan 2010 p. 106.]

58A.Aggregate exploration expenditure (Act s. 102(2a))

(1)In this regulation —

relevant operations report means a report of the kind required under section 51, 68(3), 70H(1)(f) or 82(1)(e) —

(a)filed for a combined reporting tenement; and

(b)covering the year or any part of the year to which the proposed exemption relates.

(2)For the purposes of the definition of aggregate exploration expenditure in section 102(2a), the expenditure is to be worked out by adding together the total exploration expenditure shown in each relevant operations report.

[Regulation 58A inserted: Gazette 3 Feb 2006 p. 593.]

Part V — General regulations

Division 1A — Lodging, filing documents

[Heading inserted: Gazette 18 Mar 2011 p. 916.]

59A.Prescribed manner of lodging, filing documents

(1)In this regulation —

document includes an application, audit statement, caveat, consent, instrument to which section 103C applies, notice, report, return, programme, proposal, security and statutory declaration.

(2)For the purposes of any provision in the Act that requires a document to be lodged in the prescribed manner, the document is to be lodged at any mining registrar’s office.

(3)For the purposes of any provision in the Act that requires a document to be filed in the prescribed manner, the document is to be filed at any mining registrar’s office.

(4)Nothing in subregulation (2) or (3) affects the prescribing of any other requirement in relation to the manner of the lodgment or filing of a document.

[Regulation 59A inserted: Gazette 18 Mar 2011 p. 916‑17.]

59B.Lodging mining tenement documents through Department’s website

(1)In this regulation —

mining tenement document has the meaning given in section 162(3A) of the Act.

(2)Subject to the requirements of the Department’s website and this regulation, a person may lodge a mining tenement document electronically by lodging an electronic version of it by means of the Department’s website.

(3)A mining tenement document that is lodged electronically after 4.30 p.m. on a working day and before 8.30 a.m. on the next working day is to be taken to have been lodged at 8.30 a.m. on that next working day.

(4)A mining registrar may at any time, require a person who has lodged a mining tenement document electronically to lodge the paper version of the document.

[Regulation 59B inserted: Gazette 18 Mar 2011 p. 917.]

Division 1 — Marking out mining tenements

59.Manner of marking out tenement (Act s. 105)

(1)Land in respect of which a person is seeking a mining tenement shall, except where other provision is expressly made, be marked out —

(a)by fixing firmly in the ground —

(i)at or as close as practicable to each corner or angle of the land concerned; or

(ii)if there is an existing survey mark at a corner or angle of the land concerned, as close as practicable to the survey mark without moving, changing or otherwise interfering with the survey mark,

a post projecting at least 1 m above the ground; and

(b)subject to subregulation (3), by either —

(i)cutting 2 clearly identifiable trenches; or

(ii)placing 2 clearly identifiable rows of stones,

each at least 1 m long from each post in the general direction of the boundary lines; and

(c)then by fixing firmly to one of the posts as the datum post, notice of marking out in the form of Form 20.

(2)Where the land adjoins other land in respect of which the same person is seeking or holds a mining tenement, common posts and, if required, common trenches or common rows of stones may be used for the marking out of each parcel of land.

(3)Where a post is fixed as close as practicable to an existing survey mark under subregulation (1)(a)(ii), marking out in the manner described in subregulation (1)(b) is not required.

[Regulation 59 inserted: Gazette 16 Nov 1990 p. 5728; amended: Gazette 2 Jul 1993 p. 3271; 15 Aug 2003 p. 3693; 15 Jan 2010 p. 106; 1 Feb 2013 p. 453.]

60.Stones used to support posts

Where, because of the nature of the ground, it is not practicable to fix posts firmly in the ground as required by regulation 59(1), stones may be used to support the posts.

[Regulation 60 inserted: Gazette 2 Jul 1993 p. 3271.]

61.Marking out surveyed land

It shall not be necessary to mark out land in respect of which a mining tenement is sought, the boundaries of which are identical with any surveyed land, other than by fixing —

(a)at a corner of the boundaries; or

(b)if there is an existing survey mark at a corner of the boundaries, as close as practicable to the survey mark without moving, changing or otherwise interfering with the survey mark,

a datum post to which the notice of marking out in the form of Form 20 is affixed.

[Regulation 61 amended: Gazette 2 Oct 1987 p. 3819; 2 Jul 1993 p. 3271; 15 Jan 2010 p. 106.]

62.Surplus land may be applied for by others

(1)A person who makes an application for a mining tenement which is marked out to comprise an area in excess of the maximum area provided in the Act for such tenement is, before the tenement is granted, liable to have the surplus land at either end, or side, marked out at the option of another person who wishes to apply for a mining tenement in respect of that surplus land.

(2)Subregulation (1) does not apply in respect to any land containing the workings of the person first marking out, or on which any permanent building has been erected.

[Regulation 62 amended: Gazette 11 Jun 1999 p. 2544.]

63.Land marked out but not applied for

(1)If a person marks out land as a mining tenement in accordance with these regulations but fails to lodge an application therefor within the prescribed time he shall not be at liberty to mark out any portion of the same land within 21 days from the date of the first marking out.

(2)A person who, by himself or in collusion with any other person, causes anything to be done with the intent of defeating the terms of subregulation (1) commits an offence.

63A.Requirement for marking out following grant of reversion licence

(1)If, as a result of a reversion licence application, a mining tenement (the reversion licence) is granted in respect of part of the land the subject of an application for a mining lease (the lease application), the applicant for the mining lease shall, in the manner provided for in regulation 59, mark out the land that remains the subject of the lease application as soon as practicable after the reversion licence is granted.

(2)A person who contravenes subregulation (1) commits an offence.

[Regulation 63A inserted: Gazette 3 Feb 2006 p. 593-4.]

Division 2 — Applications

[Heading amended: Gazette 18 Mar 2011 p. 917.]

64.Application for mining tenement

(1)Application for a mining tenement shall be in the form of Form 21 and lodged within 10 days of marking out.

(1a)For the purposes of section 58(1) an application for an exploration licence, in the form of Form 21, includes —

(a)a completed copy of Attachment 1 to Form 21, identifying the block or blocks to which the application relates by number; and

(b)a completed copy of Attachment 2 to Form 21, clearly delineating the block or blocks to which the application relates,

in accordance with section 58(2).

(1b)The prescribed application fee for a mining tenement is set out in Schedule 2 item 10.

(1C)An application for a mining tenement of particular land must be accompanied by the annual rent set out in whichever of Schedule 2 items 1 to 8 that applies to that kind of mining tenement.

(2)On receipt of the application the mining registrar shall post a copy of the application on the notice board at his office.

(3A)The Director General of Mines must publish a notice of the application on the Department’s website.

(3)The applicant shall obtain from the mining registrar sufficient copies of the application to enable, where applicable, copies to be served or given in accordance with sections 33, 41, 56A, 58, 70, 74, 85B, 91 and 118 of the Act, and compliance with subregulation (6).

[(4), (5)deleted]

(5a)Subregulation (3A) does not apply in relation to an application for a special prospecting licence under section 56A, 70 or 85B.

(5b)Subregulation (3A) does not apply in relation to a reversion licence application if the boundaries of the land to which the application relates are identical to, or located entirely within, the boundaries of the land the subject of the relevant lease application or lease applications referred to in section 120AA(2).

(6)An applicant for a mining tenement in respect of land that is the subject of a miscellaneous licence shall, in addition to giving notice of the application as required by the Act, cause a copy of the application to be given to the holder of the miscellaneous licence within 14 days after lodging the application.

(7)In relation to an application for a mining lease, regulation 109(3A) is to be disregarded for the purposes of subregulation (1C).

(8)If, on an application for a mining lease, a mining lease is granted with a restriction of the kind referred to in regulation 109(3A), the applicant is entitled to a refund of rent for the first year of the initial term of the mining lease based on the difference between —

(a)the annual rent that accompanied the application under subregulation (1C); and

(b)the annual rent set out in Schedule 2 item 9 paragraph (a) as at the time the initial term commences.

(9)Subregulation (8) applies to a mining lease that is granted on an application made before the coming into operation of the Mining Amendment Regulations (No. 3) 2019 regulation 3 if the initial term of the mining lease commences on or after the coming into operation of that regulation.

[Regulation 64 amended: Gazette 2 Oct 1987 p. 3819; 31 May 1991 p. 2698‑9; 31 Jul 1992 p. 3776; 2 Jul 1993 p. 3271; 24 Jun 1994 p. 2931; 13 Oct 1995 p. 4818; 4 Apr 1997 p. 1778; 2 Feb 2001 p. 712‑13; 3 Feb 2006 p. 520 and 594; 15 Jan 2010 p. 106-8 and 136; 18 Mar 2011 p. 917; 24 Jun 2011 p. 2511; 9 Nov 2012 p. 5400-1; 1 Feb 2013 p. 454; 18 Sep 2018 p. 3517; 24 May 2019 p. 1493‑4; 18 Jun 2019 p. 2048.]

64A.Notice of application for prospecting licence, exploration licence, retention licence or mining lease

(1)For the purposes of sections 41(2), 58(4), 70C(4) and 74(3), the notice required to be served on the owner and occupier shall be —

(a)in the form of Form 21; and

(b)served by the applicant within 14 days of the lodging of the application to which the notice relates.

(2)For the purposes of section 74(3), a notice in the form of Form 21 shall be served on the chief executive officer of the local government within 14 days of the lodging of the application to which the notice relates unless notice of the application is given to that chief executive officer under section 33(1).

[Regulation 64A inserted: Gazette 13 Oct 1995 p. 4818; amended: Gazette 15 Jan 2010 p. 108-9; 1 Feb 2013 p. 454.]

64B.Notice of application for mining tenement to pastoral lessee etc. (Act s. 118)

For the purposes of section 118, where notice is required to be given to the holder of a pastoral lease, or other lease granted by or on behalf of the Crown for grazing purposes only, that notice is to be given within 14 days of the lodging of the application to which the notice relates.

[Regulation 64B inserted: Gazette 24 Jun 1994 p. 2931.]

64C.Copy of application for miscellaneous licence (Act s. 91(9))

For the purposes of section 91(9), the prescribed time is 14 days after the lodging of the application concerned.

[Regulation 64C inserted: Gazette 17 Jan 2003 p. 106.]

65.Number of shares to be stated on application

Every application for a mining tenement shall state the number of shares in which the tenement is to be held and their division, but no fractions of shares may be held.

66.Description of boundaries

The boundaries of every mining tenement applied for, other than an exploration licence, shall be described from either —

(a)an existing survey mark; or

(b)a prominent ground feature shown on the public plans of the Department; or

(c)latitude and longitude; or

(d)Map Grid of Australia 1994 coordinates.

[Regulation 66 inserted: Gazette 2 Jul 1993 p. 3271; amended: Gazette 15 Dec 2000 p. 7219.]

[66A.Deleted: Gazette 4 Apr 1997 p. 1778.]

[67.Deleted: Gazette 9 Mar 2007 p. 870.]

[67A.Deleted: Gazette 4 Apr 1997 p. 1778.]

68.Warden may obtain report

Prior to making any recommendation or granting any application for a mining tenement, the warden may obtain a report from the Director, Geological Survey or any other officer of the Department.

[Regulation 68 amended: Gazette 3 Feb 2006 p. 594.]

69.Withdrawal of applications

An applicant for a mining tenement may, at any time before the granting of the application, apply to withdraw his application by lodging a withdrawal in the form of Form 22, but if —

(a)the land in respect of which the application is made is private land; and

(b)the owner, or occupier, of the private land referred to in paragraph (a) has lodged an objection to the application,

the application shall not be withdrawn without leave of the warden at the hearing of the application.

[Regulation 69 amended: Gazette 3 Feb 2006 p. 520; 15 Jan 2010 p. 109.]

[69A.Deleted: Gazette 24 Jun 2011 p. 2511.]

70.Refund of rent on withdrawal or refusal of application

If an application for a mining tenement is withdrawn under regulation 69 or is refused, the applicant is entitled to a refund of the amount of all rent paid.

[Regulation 70 inserted: Gazette 2 Oct 1987 p. 3819.]

70A.Amalgamation of secondary tenement (Act s. 67A)

(1)In this regulation —

application means an application to amalgamate a secondary tenement under section 67A.

(1A)An application must be lodged together with a map of the secondary tenement.

(2)Where private land is affected by an application the provisions of section 29 shall apply.

(3)If the application is under section 67A(1) and is granted, the applicant is entitled to a pro rata refund of rent paid on the secondary tenement for the period commencing on the day on which the application is granted.

(4)When calculating a pro rata refund for the purposes of subregulation (3) only whole months of the period referred to in that subregulation are to be the subject of the refund.

[Regulation 70A inserted: Gazette 2 Oct 1987 p. 3819‑20; amended: Gazette 24 Jun 1994 p. 2932; 13 Oct 1995 p. 4818‑19; 18 Mar 2011 p. 917; 1 Feb 2013 p. 454; 13 Dec 2019 p. 4236.]

70BA.Prescribed period for lodging certain applications for areas compulsorily surrendered (Act s. 105A(3))

(1)In this regulation —

application means an application for a prospecting licence, exploration licence, mining lease or general purpose lease —

(a)in respect of any land that is the subject of a surrender under section 65; and

(b)that is lodged on the date chosen under regulation 23(1)(c) for the release.

(2)For the purposes of section 105A(3), the prescribed period for an application is the period starting at the time chosen under regulation 23(1)(c) for the release and ending 15 minutes later.

[Regulation 70BA inserted: Gazette 18 Mar 2011 p. 918.]

70BB.Prescribed period for lodging certain applications or marking out land after forfeiture of exploration licence, mining lease or general purpose lease (Act s. 105A(3))

(1)In this regulation —

application means an application for a prospecting licence, exploration licence, mining lease or general purpose lease —

(a)in respect of any land that was the subject of an exploration licence forfeited under section 96A or a mining lease or general purpose lease forfeited under section 97; and

(b)that is lodged, or in respect of which the land concerned is marked out as required under section 105A(4), (as is applicable in the case) on the day on which the forfeiture takes effect.

(2)For the purposes of section 105A(3), the prescribed period for an application is the period starting when the forfeiture takes effect and ending 15 minutes later.

[Regulation 70BB inserted: Gazette 18 Mar 2011 p. 918.]

70BC.Prescribed period for lodging certain applications after expiry of mining tenement (Act s. 105A(3))

(1)In this regulation —

application means an application for an exploration licence, or an application for a prospecting licence, mining lease or general purpose lease where the land concerned is wholly covered by the sea or the waters of any lake, pond, river or stream —

(a)in respect of any land that was the subject of a mining tenement that has expired; and

(b)that is lodged after the expiry takes effect.

(2)For the purposes of section 105A(3), the prescribed period for an application is the period starting at the beginning of the next working day after the day on which the expiry took effect and ending at 8.45 a.m. on that next working day.

[Regulation 70BC inserted: Gazette 18 Mar 2011 p. 918‑19.]

70BD.Prescribed period for lodging other applications for exploration licences (Act s. 105A(3))

(1)In this regulation —

application means an application for an exploration licence that is not one to which regulation 70BA, 70BB or 70BC applies.

(2)For the purposes of section 105A(3), the prescribed period for an application is the period starting at 4.30 p.m. on a working day and ending at 8.45 a.m. on the next working day.

[Regulation 70BD inserted: Gazette 18 Mar 2011 p. 919.]

70B.Agreement as to priority (Act s. 105A(3))

A written agreement referred to in section 105A(3) shall be lodged within 60 days of the day on which the applications for licences or leases, as the case may be, were lodged.

[Regulation 70B inserted: Gazette 31 May 1991 p. 2699.]

70C.Refund where licence substituted or lease refused

(1)Where an application for a mining lease or general purpose lease is made under section 49, section 67 or section 70L and a lease is granted, the applicant is entitled to a pro rata refund of the balance of any portion of unused rent which has been paid on the prospecting licence, exploration licence or retention licence formerly held by the applicant.

(2)Where an application described in subregulation (1) is refused, and the term of the prospecting licence, exploration licence or retention licence held by the applicant has been extended beyond its normal expiry date under section 49, section 67 or section 70L, the applicant shall receive a pro rata refund of any portion of unused rent which has been paid on the licence.

(3)When calculating a pro rata refund for the purposes of this regulation, only whole months of the term that is remaining shall be the subject of refund.

[Regulation 70C inserted: Gazette 31 May 1991 p. 2699; amended: Gazette 24 Jun 1994 p. 2932.]

70D.Refund when retention licence granted or refused

(1)Where an application for a retention licence is made by the holder of a primary tenement under section 70C of the Act and the licence is granted, the applicant is entitled to a pro rata refund of the balance of any portion of the unused rent which has been paid on the primary tenement by the applicant.

(2)Where an application described in subregulation (1) is refused and the term of the primary tenement has been extended —

(a)beyond its normal expiry date under section 70C(6) of the Act; and

(b)for a period of 30 days following that refusal under section 70C(6)(b) of the Act,

the applicant is entitled to a pro rata refund of the balance of any portion of the unused rent which has been paid on the primary tenement by the applicant.

(3)When calculating a pro rata refund for the purposes of this regulation, only whole months of the term that is remaining shall be the subject of the refund.

[Regulation 70D inserted: Gazette 24 Jun 1994 p. 2932.]

70E.Partial refund of application fee in certain circumstances

An applicant for a mining tenement is entitled to a refund of $110 of the application fee paid by the applicant if —

(a)the application is withdrawn or refused before any public notification required under Part 2 Division 3 of the Native Title Act 1993 of the Commonwealth in connection with the application occurs; or

(b)the Director General of Mines is satisfied that there is no requirement for such public notification in connection with the application.

[Regulation 70E inserted: Gazette 15 Aug 2003 p. 3694.]

Division 3 — Boundary marks

71.Boundary marks to be maintained

The applicant for, or holder of, a mining tenement shall maintain posts or trenches or other sufficient boundary marks required by the Act and these regulations.

[Regulation 71 amended: Gazette 16 Nov 1990 p. 5729.]

72.No liability for mining if boundary marks not maintained

If posts or trenches or other sufficient boundary marks are not maintained on a mining tenement as provided in regulation 71 and a person enters and commences mining thereon, he shall not be liable for damage if he ceases mining thereon as soon as the posts are replaced, or the trenches or other sufficient boundary marks are renewed, and notice in writing is given to him to withdraw.

[Regulation 72 amended: Gazette 16 Nov 1990 p. 5729.]

73.Holder to identify boundaries

The holder of a mining tenement shall at any reasonable time identify or cause to be identified the boundaries of the tenement for any person requiring the information, by pointing out to that person the posts, trenches and other boundary marks of the tenement or by supplying a plan or description thereof.

[Regulation 73 amended: Gazette 16 Nov 1990 p. 5729.]

74.False documents or notices not to be posted up

A person who posts up a false document or notice affecting a mining tenement or an application therefor with the intent to deceive or mislead any other person commits an offence.

Division 3A — Fossicking

[Heading inserted: Gazette 2 Oct 1987 p. 3820.]

74A.Means of fossicking

(1)The holder a miner’s right may fossick by means of hand tools only.

(2)The holder of a miner’s right shall not fossick by means of a metal detector, machinery or machine assisted tools, including vehicle drawn scrapers, graders and similar tools, on any land.

[Regulation 74A inserted: Gazette 20 Oct 1987 p. 3820.]

Division 4 — Transfers, caveats, mortgages

75.Transfer of tenement

Unless otherwise provided in the Act or these regulations the holder of a mining tenement may apply to transfer the whole of it or an interest in it by lodging a transfer in the form of Form 23 with the prescribed fee, but —

(a)every transfer shall be accompanied by a security similar to that required under section 26, 52(1), 60(1), 70F(1) or 84A(1) in respect of the lease or licence; and

(b)when 2 or more tenements, the property of the same holder, are to be transferred, a separate transfer shall be executed for each; and

(c)when a tenement is held by several holders, and 2 or more of such holders desire to transfer the whole or portion of their interests, a separate transfer shall be executed by each holder; and

(d)when all holders desire to simultaneously transfer the whole tenement, one transfer, executed by all the holders shall be sufficient; and

(e)when a holder desires to transfer portions of his interest in a tenement to 2 or more persons a separate transfer for each interest transferred shall be executed; and

(f)all transfers shall take priority according to the date and time of their registration; and

(g)when —

(i)a mining tenement is encumbered by a mortgage; or

(ii)a share in a mining tenement is encumbered by a mortgage and the transfer affects that share,

the transfer shall be accompanied by the written consent of the affected mortgagee.

[Regulation 75 amended: Gazette 31 May 1991 p. 2699; 24 Jun 1994 p. 2933; 15 Jan 2010 p. 109-10; 13 Dec 2019 p. 4236.]

76.Lodgment of caveats (Act s. 122A)

(1)For the purposes of section 122A a caveat shall be —

(a)in the form of Form 24; and

(b)accompanied by the prescribed fee.

(2)A separate caveat shall be lodged in respect of each mining tenement affected.

[Regulation 76 inserted: Gazette 3 Feb 2006 p. 520; amended: Gazette 15 Jan 2010 p. 110.]

76A.Withdrawal of caveats

One or more caveats may be withdrawn by lodging a withdrawal of caveat in the form of Form 24A with the prescribed fee.

[Regulation 76A inserted: Gazette 31 Jul 1992 p. 3776; amended: Gazette 15 Jan 2010 p. 110.]

76B.Notification of registration of surrender (Act s. 122(2))

For the purposes of section 122(2), notification of the registration of a surrender under section 26A or 65 shall be sent by registered post to the caveator.

[Regulation 76B inserted: Gazette 24 Jun 1994 p. 2933; amended: Gazette 3 Feb 2006 p. 520-1.]

77.Mortgage

A mortgage shall be —

(a)lodged in the form of Form 25; and

(b)accompanied by the prescribed fee.

[Regulation 77 inserted: Gazette 3 Feb 2006 p. 521; amended: Gazette 15 Jan 2010 p. 110.]

[78.Deleted: Gazette 3 Feb 2006 p. 521.]

79.Covenants included in mortgage

(1)A mortgage may contain such covenants, provisions, stipulations and powers as may be agreed between the parties.

(2)Except as is otherwise provided by a mortgage there shall be deemed to be included in every mortgage —

(a)stipulations to the following effect:

That during the continuance of the security the mortgagee may (at the expense of the mortgagor) when the mortgagor neglects or refuses so to do, do all such acts and things as may be necessary for the preservation or protection of the property comprised in the mortgage and of the title thereto and in particular may fulfil the conditions applicable to that property, and obtain exemptions from those conditions.

(b)powers to the following effect:

That if default is made by the mortgagor in repayment or discharge of the moneys secured by the mortgage for a period of one month after demand, or if the mortgagor fails to perform or observe any of the covenants contained in the mortgage and on the part of the mortgagor to be observed and performed the mortgagee may —

(i)enter upon and take possession of the property comprised in the mortgage, or any part thereof, and work or let the same, subject to the provisions of the Act, but in that case the mortgagee shall be liable to account to the mortgagor for the rents and profits of such property until the mortgagor’s right to redeem the same has been determined by sale or otherwise; or

(ii)cause the property comprised in the mortgage, or any part thereof, together with any right, title or interest the mortgagor may have in any mining product from the property, to be sold by auction after having not less than 30 days clear before the date of sale —

(I)advertised his intention so to do by such means as the Minister approves; but —

(II)the mortgagee shall, at any such auction be at liberty to bid for and purchase the property or any part thereof;

(III)if the mortgagee is unable to obtain at any public auction a sum sufficient to discharge the debt or liability due to him from the mortgagor he may sell the property, or any part thereof, by private contract;

(IV)if, after sale, there remains a balance over and above the amount due to the mortgagee, he shall lodge a statement of account together with such balance for payment to any other mortgagees according to their respective priorities, and to the mortgagor.

[Regulation 79 amended: Gazette 18 Mar 2011 p. 925.]

80.Mortgagee’s expenses may be added to security

All expenses properly incurred by the mortgagee under the covenants, stipulations, agreements, or powers contained or implied in the mortgage together with interest thereon from the date of disbursement, at the rate named in the mortgage with respect to the principal moneys thereby secured, may be added to the security.

81.Transfer under powers contained in mortgage

When a mining tenement secured by a mortgage is sold under the powers contained or implied therein, the mortgagee shall as if he were the holder execute a transfer of the tenement in the form of Form 23 and the transfer requirements of this Division shall be complied with.

[Regulation 81 amended: Gazette 15 Jan 2010 p. 110.]

82.Redemption of mortgage

The mortgagor, on paying the money or discharging the liabilities secured by the mortgage, shall be entitled to redeem the mortgage at any time prior to a sale of the property the subject of the mortgage.

83.Discharge of mortgage

When the debt or liability secured by a mortgage has been fully paid or discharged the mortgagee shall lodge an instrument of discharge in the form of Form 26 or Form 26A, as applicable, with the prescribed fee.

[Regulation 83 amended: Gazette 31 Jul 1992 p. 3776; 15 Jan 2010 p. 111; 13 Dec 2019 p. 4236.]

84.Transfer of mortgage

A mortgage may be transferred and the transfer shall be lodged with the prescribed fee.

[Regulation 84 amended: Gazette 13 Dec 2019 p. 4236.]

Division 4AA — Memorials for unpaid tax

[Heading inserted: Gazette 15 Jan 2010 p. 111.]

84AA.Tax memorial

A tax memorial (as defined in section 103A) is to be in the form of Form 26B.

[Regulation 84AA inserted: Gazette 15 Jan 2010 p. 111.]

84AB.Withdrawal of memorial

A withdrawal of memorial (as defined in section 103A) is to be in the form of Form 26C.

[Regulation 84AB inserted: Gazette 15 Jan 2010 p. 111.]

Division 4A — Lodgment of instruments and the register

[Heading inserted: Gazette 3 Feb 2006 p. 521.]

[84A.Deleted: Gazette 18 Mar 2011 p. 919.]

84B.Provisional lodgment

(1)In this regulation —

allowed period means —

(a)the period referred to in subregulation (4); or

(b)if an extension of that period is granted under subregulation (8), the extended period.

(2)This regulation applies to the following instruments —

(a)an instrument accepted for provisional lodgment under section 103D(1); and

(b)a caveat accepted for provisional lodgment under section 122B(1).

(3)The time and date of lodgment of the instrument shall be entered in the register as the time and date at which registration was effected but the word “provisional” shall be entered in the register next to the entry specifying that time and date.

(4)An authorised officer shall, by notice in writing to the person who lodged the instrument, direct the person to ensure that the error or defect in the instrument is corrected within the period specified in the notice.

(5)Where a direction is given under subregulation (4) in relation to an instrument —

(a)if the direction is complied with within the allowed period, the word “provisional” shall be deleted from the register; or

(b)if the direction is not complied with within the allowed period, the instrument shall be taken to have been rejected and the register shall be so endorsed.

(6)If the word “provisional” is entered in the register next to an entry specifying a time and date in relation to a time and date of lodgment of an instrument, the instrument shall be taken not to have been registered.

(7)If the word “provisional” is deleted from the register under subregulation (5)(a), the instrument shall be taken to have been registered from and including the time and date specified in the register under subregulation (3).

(8)An authorised officer —

(a)may, for reasonable cause, extend the period specified in the notice for the correction of any error or defect provided the request to extend is made, in writing by or on behalf of the person who lodged the instrument, before the expiry of that period; and

(b)shall, by notice in writing to the person who requested the extension, advise whether an extension has been granted.

[Regulation 84B inserted: Gazette 3 Feb 2006 p. 521-2.]

84C.Content of register

The register is to contain the following particulars —

(a)in relation to an application for a mining tenement —

(i)the particulars shown on the prescribed form of application; and

(ia)objections under Part IV of the Act; and

(ib)any devolution under regulation 102; and

(ic)any application to amend particulars in the register under regulation 84E; and

(id)any agreement or determination under section 105A(3) as to the priority of the application; and

(ii)the approval of the application and the terms and conditions of that approval, or the refusal or withdrawal of the application, as the case may be;

(b)in relation to a mining tenement —

(i)all rental payments; and

(ii)moneys expended or deemed to be expended in mining on or in connection with mining on the tenement; and

(iii)particulars of exemptions; and

(iv)particulars of dealings and other instruments affecting the tenement that are required to be entered in the register under the Act; and

(v)the name of the registered holder and the number of shares held; and

(vi)the surrender, forfeiture or other cancellation of the tenement; and

(vii)objections under regulation 120A; and

(viii)applications relating to the tenement and the outcome of those applications; and

(ix)particulars of penalties imposed on the registered holder in lieu of forfeiture; and

(x)any additional conditions imposed in relation to the tenement after it is granted; and

(xi)particulars of securities referred to in section 26, 52(1a), 60(1a), 70F(2) or 84A(2) relating to the tenement; and

(xii)any devolution under regulation 102; and

(xiii)any application to amend particulars in the register under regulation 84E; and

(xiv)particulars received under section 143 of an injunction granted with respect to the tenement.

[Regulation 84C inserted: Gazette 3 Feb 2006 p. 522-3; amended: Gazette 9 Nov 2012 p. 5401; 13 Dec 2019 p. 4236‑7.]

84D.Fees for copies of entries, dealings etc. (Act s. 103F(4))

For the purposes of section 103F(4) the fees set out in Schedule 2 item 13 are prescribed.

[Regulation 84D inserted: Gazette 3 Feb 2006 p. 523; amended: Gazette 15 Jan 2010 p. 136; 24 Jun 2011 p. 2511; 18 Jun 2019 p. 2048.]

84E.Amendment of register

An application to amend particulars in the register must be —

(a)lodged in the form of Form 30; and

(b)accompanied by a statutory declaration made by the applicant or a person authorised by the applicant stating the reasons for the requested amendment.

[Regulation 84E inserted: Gazette 9 Nov 2012 p. 5401.]

84F.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 despite the fact that the report was received at the Department after the expiry of the prescribed period.

[Regulation 84F inserted: Gazette 3 Feb 2006 p. 523.]

Division 5 — Production and royalties

85.Terms used

(1)In this Division, unless the contrary intention appears —

allowable deductions, in relation to a mineral, means —

(a)the amount, in Australian currency, of any reasonable costs incurred in transporting the mineral, in the form in which it is first sold, where those costs —

(i)are incurred after the shipment date by the person liable to pay the royalty for the mineral; and

(ii)relate to transport of the mineral by a person other than the person liable to pay the royalty for the mineral;

and

(b)the price, in Australian currency, paid or to be paid by the person liable to pay the royalty for the mineral, for packaging materials used in transporting the mineral, in the form in which it is first sold;

concentrate means the product of a physical or chemical process of extraction of metal or a mineral (whether metallic or non‑metallic) from mineral ore that is performed by a mining tenement holder and results in significant improvement in the grade or quality of the metal or mineral concerned;

gross invoice value, in relation to a mineral, means the amount, in Australian currency, obtained by multiplying the quantity of the mineral, in the form in which it is first sold, for which payment is to be made (as set out in invoices relating to the sale) by the price for the mineral in that form (as set out in those invoices);

nickel by‑product means a by‑product or co‑product of nickel mining or processing;

purchaser, in relation to a mineral, means the person to whom the mineral is first sold;

quarter means any one of the 3 monthly periods of any year ending on 31 March, 30 June, 30 September or 31 December;

related corporation, in relation to a body corporate (the first body corporate), means a body corporate that, under section 50 of the Corporations Act, is related to the first body corporate;

royalty value, in relation to —

(a)a mineral, other than cobalt or copper sold as a nickel by‑product, gold, iron ore or nickel, means the gross invoice value of the mineral less any allowable deductions for the mineral; or

(b)gold, means the royalty value of gold metal produced calculated in accordance with regulation 86AA(7); or

(c)iron ore, has the meaning given in regulation 86AD(2); or

(d)nickel, has the meaning given in regulation 86AB(2); or

(e)cobalt or copper sold as a nickel by‑product, has the meaning given in regulation 86AB(3);

shipment date, in relation to a mineral, means —

(a)if the mineral is exported from Australia, the day on which the aircraft or ship transporting the mineral first leaves port in this State; or

(b)if the mineral is not exported from Australia, the day on which the mineral is first loaded on a vehicle for transport to the purchaser;

shipping costs has the meaning given in regulation 86AD(1);

sold includes transferred, shipped or otherwise disposed of, and sale has a corresponding meaning.

(2)In this Division a reference to a mineral includes a reference to a material containing that mineral.

[Regulation 85 inserted: Gazette 16 Jun 2000 p. 2953; amended: Gazette 28 Sep 2001 p. 5357‑8; 14 Dec 2001 p. 6403‑4; 23 Jul 2002 p. 3425; 13 Dec 2002 p. 5803; 17 Jan 2003 p. 113; 28 Nov 2014 p. 4416; 6 Oct 2015 p. 3967; 5 Sep 2017 p. 4682.]

85AA.Effect of GST etc. on royalties

(1)For the purposes of this Division, a reference to a royalty value, or a price, of a mineral is to be treated as a reference to that value or price, reduced by an amount equal to the net GST (if any) payable on the supply to which the value or price relates.

(2)For the purposes of this Division, a reference to the value of a mineral at a particular point in its production (other than its supply), or in a particular form, is to be treated as a reference to that value, reduced by an amount equal to the amount of GST that would be payable if the mineral were supplied at that point, or in that form.

(3)If, when determining a value or price of a mineral (for the purposes of this Division), an amount (an expense) that relates to obtaining that mineral may be deducted from another amount, the amount that may be deducted is reduced by an amount equal to the net input tax credit (if any) that arises in relation to the expense.

(4)The net input tax credit that arises in relation to an expense is —

(a)the input tax credit that arises in relation to that expense; plus

(b)the sum of any decreasing adjustments in relation to that expense; minus

(c)the sum of any increasing adjustments in relation to that expense.

(5)In this regulation, decreasing adjustment, GST, increasing adjustment, input tax credit, net GST and supply have the respective meanings given by section 195‑1 of the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.

[Regulation 85AA inserted: Gazette 16 Jun 2000 p. 2953‑4; amended: Gazette 14 Dec 2001 p. 6404.]

85AB.Conversion to Australian currency

(1)In this regulation —

RBA rate means the daily representative rate used by the Reserve Bank of Australia.

(2)Where, for the purposes of determining the amount of royalty payable for a mineral, it is necessary to convert an amount or a price (other than a price to which subregulation (3) applies) to Australian currency, the conversion is to be calculated using the average of the RBA rates for the quarter in which the shipment date for the mineral occurred.

(3)Where, for the purposes of the definition of gold spot price in regulation 86AA(11), it is necessary to convert a price to Australian currency, the conversion is to be calculated —

(a)using the RBA rate for the day on which the price was fixed; or

(b)if there is no RBA rate for that day, using the last RBA rate before that day.

[Regulation 85AB inserted: Gazette 14 Dec 2001 p. 6404‑5; amended: Gazette 13 Dec 2002 p. 5803‑4.]

85A.Quarterly production reports

(1)The holder of a mining tenement, and the applicant for a mining tenement in respect of any land, shall, unless the Director General of Mines in a particular case otherwise approves, furnish the Director General of Mines with a production report in the form approved by the Minister in respect of the mineral concerned —

(a)within 30 days after the expiry of the first quarter after 31 December 2002 during which any mineral other than gold is produced or obtained from that mining tenement or land; and

(b)within 30 days after the expiry of each subsequent quarter (whether or not any mineral other than gold is produced or obtained from that mining tenement or land in that quarter).

(2)The holder of a mining tenement, and the applicant for a mining tenement in respect of any land, shall, unless the Director General of Mines in a particular case otherwise approves, furnish the Director General of Mines with a production report in the form approved by the Minister —

(a)within 30 days after the expiry of the first quarter after 31 December 2002 during which gold metal is to be regarded because of regulation 86AA as having been produced from gold bearing material produced or obtained from that mining tenement or land; and

(b)within 30 days after the expiry of each subsequent quarter (whether or not gold metal is to be regarded because of regulation 86AA as having been produced from gold bearing material produced from that mining tenement or land during that quarter).

(3)A person who contravenes subregulation (1) or (2) commits an offence.

(4)Subject to the requirements of the Department’s website and this regulation, a person may furnish the Director General of Mines with a production report required by this regulation by lodging an electronic version of it by means of the Department’s website.

[Regulation 85A inserted: Gazette 13 Dec 2002 p. 5804; amended: Gazette 15 Jan 2010 p. 112; 19 Jun 2012 p. 2650‑1.]

85B.Royalty return

(1)The holder of, or applicant for, a mining tenement shall, on each occasion that he pays royalties to the Department forward to the Department, within the period within which the royalties must be paid under regulation 86A, a royalty return, in a form approved by the Minister, showing in full the details required to calculate those royalties, including, where relevant —

(a)the quantity of the mineral;

(b)details, including relevant terms and other parties involved, of any sale of the mineral;

(c)the value, or royalty value, of the mineral;

(d)the gross invoice value of the mineral and when it was paid;

(daa)any allowable deductions for the mineral;

(dab)in the case of iron ore, any shipping costs;

(da)in the case of a royalty part‑payment under regulation 86A, the method of calculating the royalty part‑payment and details of the amount of the relevant part‑payment of gross invoice value and when it was paid;

(e)in the case of a mineral other than gold, the rate of royalty used where that rate is different from the rate set out opposite the mineral in the Table to regulation 86.

(2)A person who contravenes subregulation (1) commits an offence.

[(3)deleted]

(4)Subject to the requirements of the Department’s website and this regulation, a person may forward to the Department a royalty return required by this regulation by lodging an electronic version of it by means of the Department’s website.

[Regulation 85B inserted: Gazette 20 May 1988 p. 1705; amended: Gazette 3 Oct 1997 p. 5530; 14 Dec 2001 p. 6405; 8 Feb 2002 p. 607; 19 Jun 2012 p. 2651; 28 Nov 2014 p. 4416; 6 Oct 2015 p. 3968; SL 2021/43 r. 4.]

86.Rates of royalty

(1)When any of the minerals prescribed in this regulation are obtained from a mining tenement, or from land the subject of an application for a mining tenement, royalties shall be paid by the holder of, or applicant for, the mining tenement.

(2)The rate of royalty payable for a mineral referred to in the Table to this regulation is as set out opposite the mineral in column 1, 2 or 3 of that Table, unless otherwise provided in these regulations.

(2a)In the Table to this regulation —

Amount A means —

(a)for the year 1 July 2005 to 30 June 2006, 34 cents;

(b)for the year 1 July 2006 to 30 June 2007, 38 cents;

(c)for the year 1 July 2007 to 30 June 2008, 42 cents;

(d)for the year 1 July 2008 to 30 June 2009, 46 cents;

(e)for the year 1 July 2009 to 30 June 2010, 50 cents;

(f)for the 5 year period beginning on 1 July 2010 and ending on 30 June 2015 and for each succeeding 5 year period (the relevant period), the amount calculated under subregulation (2b) or provided for in subregulation (2d), as the case requires;

Amount B means —

(a)for the year 1 July 2005 to 30 June 2006, 56 cents;

(b)for the year 1 July 2006 to 30 June 2007, 62 cents;

(c)for the year 1 July 2007 to 30 June 2008, 68 cents;

(d)for the year 1 July 2008 to 30 June 2009, 74 cents;

(e)for the year 1 July 2009 to 30 June 2010, 80 cents;

(f)for the 5 year period beginning on 1 July 2010 and ending on 30 June 2015 and for each succeeding 5 year period (the relevant period), the amount calculated under subregulation (2b) or provided for in subregulation (2d), as the case requires.

(2b)Subject to subregulations (2c) and (2d), the amount for the relevant period is the amount calculated using the formula —

where —

Ris the amount;

Cis —

(a)for the purposes of Amount A, 50 cents;

(b)for the purposes of Amount B, 80 cents;

PPIis the Non‑Metallic Mineral Products Price Index number, for the quarter ending on the last 31 March before the beginning of the relevant period, published by the Australian Bureau of Statistics in Catalogue 6427.0 Producer Price Indexes, Australia;

Xis the latest Non‑Metallic Mineral Products Price Index number, for the quarter ending on 31 December 2003, published by the Australian Bureau of Statistics in Catalogue 6427.0 Producer Price Indexes, Australia.

(2c)If the calculation provided for in subregulation (2b) does not result in an amount of whole cents the amount is to be rounded down to the nearest whole cent and the rounded amount is to be regarded as the amount calculated under that subregulation.

(2d)If the amount calculated under subregulation (2b) is less than the amount that applied immediately before the beginning of the relevant period (the existing amount), the amount for the relevant period is the existing amount.

[(3)deleted]

Table

 

Column 1

Column 2

Column 3



Mineral

Amount per
tonne according

to quantity

produced or

obtained


Percentage of

the royalty

value


The rate as

specified hereunder

Aggregate

Amount A

 

 

Attapulgite

 

5%

 

Bauxite (crushed or screened)

 

7½%

 

Building Stone

Amount B

 

 

Chromite (concentrate)

 

5%

 

Clays

Amount A

 

 

Coal
(including lignite) 

— not exported

 

 

$1 per tonne, to be adjusted each year at 30 June in accordance with the percentage increase in the average ex‑mine value of Collie coal for the year ending on that date when compared with the corresponding value of Collie coal for the year ending on 30 June 1981.

— exported (crushed or screened)

 

7½%

 

Cobalt

if sold as crushed or screened material —

if sold as a concentrate —

if sold as a nickel by‑product or in metallic form —

 

 


7.5%


5%



2.5%

 

Copper

if sold as crushed or screened material —

if sold as a concentrate —

if sold as a nickel by‑product or in metallic form —

 

 


7.5%


5%



2.5%

 

Diamond

 

5%

 

Dolomite

Amount A

 

 

Feldspar

 

5%

 

Garnet

 

 

The rate shall be — 

 

 

 

(a)5% for the usual grades of garnet including that used for sand blasting and filtration;

 

 

 

(b)2½% for higher technology grades including that used for garnet paper and polishing purposes,

 

 

 

of the royalty value, calculated on the basis of the nearest available port if exported.

Gems and
Precious Stones

 

7½%

 

Gravel

Amount A

 

 

Gypsum

Amount A

 

 

Ilmenite (concentrate) other than ilmenite feedstock as defined in regulation 86AC

 

5%

 

Iron Ore (including magnetite) —

 

 

 

Beneficiated iron ore (iron ore that has been concentrated or upgraded otherwise than by crushing, screening, separating by hydrocycloning or a similar technology, washing, scrubbing, trommelling or drying, or by a combination of 2 or more of those processes)

 

5%

 

iron ore (crushed or screened)

 

7.5%

 

Kaolin

 

5%

 

Lead

 

 

The rate is —

(a)if sold as a concentrate, 5% of the royalty value; or

(b)if sold in metallic form, 2½% of the royalty value.

Leucoxene (concentrate)

 

5%

 

Limestone
(including

limesands and

shellsands) —

 

 

 

used for agricultural or construction purposes or as a neutralising agent in tailings treatment operations

Amount A

 

 

used for metallurgical purposes (other than as a neutralising agent in tailings treatment operations)

Amount B

 

 

Lithium (concentrate)

 

5%

 

Manganese (crushed or screened)

 

7½%

 

Manganese
(beneficiated by the producer in Western Australia otherwise than by crushing, screening, washing, scrubbing, trommelling or drying, or by a combination of 2 or more of those processes)

 

5%

 

Nickel

 

2.5%

 

Ochre

 

5%

 

Platinoids (metallic form)

 

2½%

 

Rare earth elements

 

 

In accordance with the following formula:

 

 

 

 

 

 

Where P = a representative market value of rare earth oxides (REO), as determined from time to time by the Minister.

 

 

 

Where U = the number of units per hundred of REO in the rare earth elements‑containing products sold.

 

 

 

Where R = the royalty.

Rock

Amount A

 

 

Rutile (concentrate)

 

5%

 

Salt

Amount A

 

 

Sand (used for construction purposes)

Amount A

 

 

Semi‑precious stones (including specimen stones)

 

7½%

 

Silica (used for metallurgical purposes)

Amount B

 

 

Silver (if sold as a by-product or in metallic form)

 

2½%

 

Spongolite

 

5%

 

Talc

Amount B

 

 

Tantalum

 

 

The rate is —

(a)in the period beginning on 1 January 2003 and ending on 30 June 2003 —

(i)3.3% of the royalty value if sold as concentrate;

(ii)3.3% of the value in concentrate form if processed further before sale;

and

 

 

 

(b)in the period beginning on 1 July 2003 and ending on 30 June 2004 —

(i)4.1% of the royalty value if sold as concentrate;

(ii)4.1% of the value in concentrate form if processed further before sale;

and

 

 

 

(c)on or after 1 July 2004 —

(i)5% of the royalty value if sold as concentrate;

(ii)5% of the value in concentrate form if processed further before sale.

Tin

 

 

2½% of the royalty value of tin metal when sold in that form; or, when sold in any other form, 2½% of the value of the contained tin calculated at the ruling price of tin metal used for the purpose of the sale.

Uranium

 

 

The rate is 5% of the royalty value if sold as a uranium oxide concentrate.

Vanadium

 

 

The rate is —

(a)if sold as a concentrate (vanadium oxide), 5% of the vanadium pentoxide price; or

(b)if sold in metallic form (ferrovanadium), 2½% of the ferrovanadium price; or

(c)for vanadium not realised on contained vanadium from a product (such as magnetite) where the average grades of vanadium are over 0.275% V2O5 in the ore and a vanadium circuit is not installed — 5% of the vanadium pentoxide price.

Zinc

 

 

The rate is —

(a)if sold as a concentrate, 5% of the royalty value; or

(b)if sold in metallic form, 2½% of the royalty value.

Zircon (concentrate)

 

5%

 

A mineral that is listed in this Table when it is in a form that is not specifically listed in this Table or any other mineral not specifically listed in this Table (excluding gold metal as defined in regulation 86AA and ilmenite feedstock as defined in regulation 86AC)

 

 

The rate is —

(a)if sold as crushed or screened material, 7.5% of the royalty value; or

(b)if sold as a concentrate, 5% of the royalty value; or

(c)if sold in metallic form or a form of equivalent processing, 2½% of the royalty value.

[Regulation 86 amended: Gazette 6 Aug 1982 p. 3099; 21 Aug 1987 p. 3268; 20 May 1988 p. 1706; 22 Jun 1990 p. 3073; 18 Dec 1992 p. 6127; 19 May 1995 p. 1881; 15 Dec 1995 p. 6115; 3 Oct 1997 p. 5531; 17 Mar 1998 p. 1434‑5; 19 Nov 1999 p. 5791‑2; 16 Jun 2000 p. 2954‑6; 30 Jun 2000 p. 3473‑4; 5 Jan 2001 p. 125; 27 Apr 2001 p. 2202; 17 Aug 2001 p. 4347; 14 Dec 2001 p. 6405; 8 Feb 2002 p. 607; 23 Jul 2002 p. 3425; 27 Aug 2002 p. 4356‑7; 13 Dec 2002 p. 5805; 20 Aug 2004 p. 3619-21; 28 Jan 2005 p. 360; 7 Feb 2006 p. 622‑3; 4 Apr 2006 p. 1409; 11 Oct 2011 p. 4315-16; 20 Dec 2011 p. 5402; 24 Feb 2012 p. 813; 28 Nov 2014 p. 4416‑17; 6 Oct 2015 p. 3968 and 3969; 5 Sep 2017 p. 4682‑3; 18 Sep 2018 p. 3517‑18; SL 2020/25 r. 4; SL 2020/117 r. 4; SL 2021/43 r. 5.]

86AA.Rates of royalty in respect of gold

(1)When gold metal is produced from gold bearing material that was produced or obtained from a mining tenement, royalties shall be paid by the holder of, or applicant, for the mining tenement.

(2)No royalty is payable in respect of gold metal produced before the commencement of the period referred to in subregulation (3).

(3)The rate of royalty payable for gold metal produced during the period commencing on 1 July 1998 and ending on 30 June 2000 is 1.25% of the royalty value of the gold metal produced.

(4)Subject to subregulation (5), the rate of royalty payable for gold metal produced after 30 June 2000 is 2.5% of the royalty value of the gold metal produced.

(5)If, during the period commencing on 1 July 2000 and ending on 30 June 2005, the average gold spot price for a quarter is less than $450 per ounce in Australian currency, the rate of royalty payable for gold metal produced during that quarter is 1.25% of the royalty value of the gold metal produced.

(6)Despite anything in this regulation, no royalty is payable in respect of the first 2 500 ounces of gold metal produced during a financial year from gold bearing material produced or obtained from the same gold royalty project.

(7)The royalty value of gold metal produced shall be calculated for each month in the relevant quarter by multiplying the total gold metal produced during that month by the average of the gold spot prices for that month.

(8)If gold bearing material (other than material to which subregulation (9A) applies) is delivered to a refinery within 3 months after it, or gold bearing material from which it was produced, was taken from the ground —

(a)gold metal is to be regarded as being produced from the gold bearing material at the time of delivery to the refinery; and

(b)the amount of gold metal that is to be regarded as being produced from gold bearing material delivered within a particular period is to be —

(i)the amount actually produced as ascertained by the Director General of Mines from the deliverer after that amount has been verified by the refiner; or

(ii)the amount determined by the Director General of Mines, after consultation with the deliverer, to be a reasonable estimate of the gold metal content.

(9)If gold bearing material (other than material to which subregulation (9A) applies) is produced or obtained in a form that is acceptable for delivery to a refinery but subregulation (8) does not apply —

(a)gold metal is to be regarded as being produced from the gold bearing material at the time that a determination is made under paragraph (b) as to the amount of gold metal that the gold bearing material contained; and

(b)the amount of gold metal that is to be regarded as being produced from the gold bearing material is to be the amount determined by the Director General of Mines, after consultation with the person liable to pay the royalty, to be a reasonable estimate of the gold metal content.

(9A)If gold bearing material is exported from Australia as a concentrate or as crushed or screened material (that is, not in the form of a metal) —

(a)gold metal is to be regarded as being produced from the gold bearing material at the time when the ship used to export the material arrives at the place where the material is to be unloaded; and

(b)the amount of gold metal that is to be regarded as being produced from the gold bearing material is —

(i)the payable gold metal content of the material as ascertained by the Director General of Mines from the invoice or invoices for the material or assays of the material; or

(ii)if ascertaining the amount described in subparagraph (i) is not practicable — the amount determined by the Director General of Mines, after consultation with the person liable to pay the royalty, to be a reasonable estimate of the gold metal content.

(10)If —

(a)after an amount has been determined under subregulation (8)(b)(ii) to be a reasonable estimate of the gold metal content of gold bearing material delivered to a refinery, the Director General of Mines is satisfied by information given by the deliverer that the amount of gold metal actually produced from that gold bearing material differs from the estimated amount; or

(b)after an amount has been determined under subregulation (9)(b) to be a reasonable estimate of the gold metal content of gold bearing material, the Director General of Mines is satisfied by information given by the deliverer that the gold bearing material was delivered to a refinery and the amount of gold metal actually produced from that gold bearing material differs from the estimated amount; or

(c)after an amount has been determined under subregulation (9A)(b)(ii) to be a reasonable estimate of the gold metal content of gold bearing material, the Director General of Mines is satisfied by information given by the person liable to pay the royalty that the payable gold metal content of the material differs from the estimated amount,

any necessary adjustment is to be made and may be taken into account in the next royalty payment made after that information is given to the Director General of Mines.

(11)In this regulation —

deliverer means the person who produces the gold bearing material that is delivered to a refinery;

gold bearing material is material of any kind containing gold;

gold metal means gold that is at least 99.5% pure;

gold royalty project means —

(a)subject to subregulation (12), the mining tenement or, if there is more than one, all mining tenements from which anyone produces or obtains gold bearing material that is treated or processed at a common —

(i)treatment facility; or

(ii)combination of treatment facilities;

or

(b)such other arrangement for producing, obtaining or treating of gold bearing material as is designated by the Minister under subregulation (13)(a);

gold spot price means —

(a)the price fixed on the London Bullion Market for gold metal and known as the “London PM Fix”, as converted to Australian currency; or

(b)such other price as is determined by the Minister under subregulation (13)(b);

invoice, for gold bearing material, means an invoice (other than an interim invoice) for the sale of the material or the metal or mineral content of the material;

mining tenement includes land the subject of an application for a mining tenement;

payable gold metal content, of gold bearing material, means the gold metal content of the material ascertained, on a payable basis (which includes taking into account a fair and reasonable estimate of refining or smelting losses), from assays of the material;

refiner means the operator of a refinery;

refinery means a place where gold metal is produced;

treatment facility means any plant at which gold bearing material is treated or processed, but does not include a refinery.

(12)The Director General of Mines may approve in writing of mining tenements being treated as separate gold royalty projects, as specified in the approval, if satisfied that they are not all held by the same person or by persons between whom the Director General of Mines considers there to be a connection such that the mining tenements can fairly be treated as forming part of the same gold royalty project.

(13)The Minister may, by notice published in the Gazette 

(a)designate an arrangement for producing, obtaining or treating gold bearing material for the purposes of paragraph (b) of the definition of gold royalty project in subregulation (11), or amend or revoke any such designation; or

(b)determine a price for the purposes of paragraph (b) of the definition of gold spot price in subregulation (11), or amend or revoke any such determination.

[Regulation 86AA inserted: Gazette 3 Oct 1997 p. 5531‑3; amended: Gazette 24 Apr 1998 p. 2153; 14 Apr 2000 p. 1891; 14 Dec 2001 p. 6406; 29 Sep 2017 p. 4986‑7 (disallowed: Gazette 17 Oct 2017 p. 5345); 24 Nov 2017 p. 5683 (disallowed: Gazette 1 Dec 2017 p. 5749); 4 May 2018 p. 1478‑9.]

86AB.Royalty value for nickel, and for cobalt and copper sold as a nickel by‑product

(1)In this regulation —

contracted list price —

(a)for nickel sold at a price, or average price, listed on the London Metal Exchange for nickel — that price, in Australian currency; and

(b)for a nickel by‑product sold at a price, or average price, listed on the London Metal Exchange or the Metal Bulletin for that mineral — that price, in Australian currency;

reference price, in relation to nickel or a nickel by‑product, means the price for the mineral, in Australian currency, that is the amount of a price, or average price, of a particular type or classification, fixed on the London Metal Exchange or the Metal Bulletin for the mineral for a particular date or over a particular period nominated by the Director General, a description of which is published on the Department’s website.

(2)The royalty value of nickel is the amount, in Australian currency, obtained by multiplying the percentage of units of nickel metal in the nickel containing material sold (as set out in invoices relating to the sale) by —

(a)the contracted list price for the mineral (as set out in those invoices) less any allowable deductions that apply under subregulation (4); or

(b)if there is no contracted list price for the mineral, the reference price for the mineral less any allowable deductions that apply under subregulation (4).

(3)The royalty value of cobalt, or copper, sold as a nickel by‑product is the amount, in Australian currency, obtained by multiplying the percentage of units of cobalt or copper metal, as is relevant, in the nickel by‑product sold (as set out in invoices relating to the sale) by —

(a)the contracted list price for the mineral (as set out in those invoices) less any allowable deductions that apply under subregulation (4); or

(b)if there is no contracted list price for the mineral, the reference price for the mineral less any allowable deductions that apply under subregulation (4).

(4)Allowable deductions within the meaning of paragraph (a) of the definition of allowable deductions apply if the first sale of the mineral is effected by delivery onto or from a ship exporting the mineral from Australia (as evidenced by a bill of lading).

[Regulation 86AB inserted: Gazette 5 Sep 2017 p. 4683‑4.]

86AC.Rates of royalty for ilmenite feedstock

(1)In this regulation —

beneficiation plant means a mineral processing plant located in Western Australia that produces or is designed to produce upgraded ilmenite with an average titanium dioxide content of not less than 90%;

ilmenite feedstock means ilmenite concentrate intended for use as feedstock in a beneficiation plant that is owned or operated by —

(a)the producer of the ilmenite concentrate; or

(b)a body corporate which, in relation to that producer, is a related corporation.

(2)For the purposes of this regulation ilmenite feedstock is of marketable quality if it is of a quality determined by the Minister, after consultation with the producer, to be suitable for sale without further processing or other treatment.

(3)When ilmenite feedstock is produced from ilmenite that was obtained from a mining tenement, royalties shall be paid by the holder of, or applicant for, the mining tenement.

(4)The rate of royalty payable for ilmenite feedstock that is of marketable quality is —

(a)if it is produced in the period beginning on 1 July 2005 and ending on 30 June 2006, 3.5% of its value; or

(b)if it is produced in the period beginning on 1 July 2006 and ending on 30 June 2007, 4% of its value; or

(c)if it is produced in the period beginning on 1 July 2007 and ending on 30 June 2008, 4.5% of its value; or

(d)if it is produced after 30 June 2008, 5% of its value.

(5)The value of ilmenite feedstock for the purposes of subregulation (4) is to be worked out using the method determined under subregulation (6).

(6)The Minister may from time to time determine a method for working out the value of ilmenite feedstock that takes into account prices obtained for ilmenite concentrate of the same or a similar grade to the ilmenite feedstock.

(7)The rate of royalty payable for ilmenite feedstock that is not of marketable quality is $1.50 per tonne adjusted each year on 30 June in accordance with the F.O.B. export price of all bulk ilmenite concentrate sales from Western Australian production for the year ending on that date when compared with the corresponding price of all bulk ilmenite concentrate sales from Western Australian production for the year ending on 30 June 1987.

[Regulation 86AC inserted: Gazette 28 Jan 2005 p. 361-2.]

86AD.Royalty value of iron ore

(1)In this regulation —

Dry Freight Wire means the publication titled “Dry Freight Wire” published by S&P Global Platts (a division of S&P Global Inc.);

grade, of iron ore, means the iron content of the ore expressed as the percentage of iron per dry metric tonne of ore;

Platts daily assessments means the table headed “Platts Daily Iron Ore Assessments” set out in the publication titled “SBB Steel Markets Daily” published by S&P Global Platts (a division of S&P Global Inc.);

Platts daily premium spot assessment means the table headed “Platts Daily Iron Ore Lump Premium Spot Assessment” set out in the publication titled “SBB Steel Markets Daily” published by S&P Global Platts (a division of S&P Global Inc.);

Platts freight rate means —

(a)the freight rate for capesize vessels to move iron ore from Port Hedland to Qingdao published in the Dry Freight Wire on the day the iron ore for which royalty is payable is first sold; or

(b)if there is no freight rate as described in paragraph (a), the freight rate for capesize vessels to move iron ore from Port Hedland to Qingdao last published in the Dry Freight Wire before the day referred to in that paragraph;

Platts premium means —

(a)the daily spot lump premium assessment midpoint published in the Platts daily premium spot assessment on the day the iron ore for which royalty is payable is first sold; or

(b)if there is no daily spot lump premium assessment midpoint as described in paragraph (a), the daily spot lump premium assessment midpoint last published in the Platts daily premium spot assessment before the day referred to in that paragraph;

Platts price means —

(a)the daily iron ore price published in the Platts daily assessments on the day the iron ore for which royalty is payable is first sold; or

(b)if there is no daily iron ore price as described in paragraph (a), the daily iron ore price last published in the Platts daily assessments before the day referred to in that paragraph;

shipping costs, for iron ore, means the amount, in Australian currency, of any of the following costs reasonably incurred after the shipment date by the person liable to pay the royalty for the ore in relation to shipping the ore —

(a)freight costs adjusted for the following —

(i)address commission;

(ii)despatch or demurrage at the port of discharge;

(b)dead freight costs;

(c)marine and cargo insurance costs;

(d)bunkerage costs.

(2)The royalty value of iron ore is —

(a)if the first sale of the ore by the tenement holder is effected by delivery onto or from a ship exporting the ore from Australia (as evidenced by a bill of lading and the invoices relating to the sale and export of the ore) — the gross invoice value of the ore less shipping costs for the ore; or

(b)in any other case —

(i)the reference amount for the ore; or

(ii)if the Minister makes a determination under subregulation (2A), the value worked out using the method determined under that subregulation.

(2A)For the purposes of subregulation (2)(b), the Minister may in a particular case determine —

(a)that the royalty value of iron ore is not to be the reference amount for the ore because of market factors affecting the sale of the ore; and

(b)a method for working out the value of the ore that takes into account those factors.

(3)The reference amount for iron ore is —

(a)the amount, in Australian currency, obtained by multiplying the quantity (in dry metric tonnes) of the ore in the form in which it is first sold (as set out in invoices relating to the sale) by the index price for the ore; less

(b)the amount, in Australian currency, obtained by multiplying the quantity (in wet metric tonnes) of the ore in the form in which it is first sold (as set out in invoices relating to the sale) by the index freight component for the ore.

(4)For the purposes of subregulation (3)(a), but subject to subregulations (5) and (6), the index price for iron ore (the royalty ore) is —

(a)the Platts price for iron ore of the same grade as the royalty ore plus, if the royalty ore is lump ore, the Platts premium; or

(b)if there is no Platts price for iron ore of the same grade as the royalty ore, the price calculated in accordance with the following formula —

where —

Iis the index price;

Pis the Platts price for iron ore of the closest grade (the reference grade) to the grade of the royalty ore plus, if the royalty ore is lump ore, the Platts premium;

Gis the percentage number of the grade of the royalty ore;

Ris the percentage number of the reference grade.

(5)If the grade of the royalty ore, or the closest grade to the grade of the royalty ore, is 58%, the Platts price is the Platts price described as “58% Fe low Al CFR North China”.

(6)If the grade of the royalty ore is halfway between 2 grades of iron ore listed in the Platts daily assessments, the lower of the 2 grades is to be taken to be the closest grade to the grade of the royalty ore.

(7)For the purposes of subregulation (3)(b), the index freight component for iron ore is the Platts freight rate multiplied by 2.

[Regulation 86AD inserted: Gazette 28 Nov 2014 p. 4417‑19; amended: Gazette 24 Jul 2018 p. 2651‑3.]

86AE.Rates of royalty for lithium: feedstock and sales to related parties

(1)For the purposes of calculating royalty payable on lithium concentrate under regulation 86, the royalty value is worked out using the method determined under subregulation (2) in the following circumstances —

(a)the sale of the concentrate is to a related corporation;

(b)the concentrate is not sold but is used as feedstock in the production of lithium hydroxide or lithium carbonate.

(2)The Minister may from time to time determine a method for working out the royalty value of lithium concentrate that takes into account prices obtained for lithium concentrate of the same or a similar grade to the lithium concentrate concerned.

(3)In the case of lithium concentrate used as described in subregulation (1)(b), regulation 86A(2) has effect as if the reference to the quarter in which the mineral was produced or obtained were a reference to the quarter in which the lithium concentrate was used.

[Regulation 86AE inserted: SL 2020/25 r. 5.]

86A.Payment of royalties

(1)Royalties for a mineral shall be paid to the Department at Perth.

(2)Subject to this regulation and regulation 86AE(3), royalties for a mineral shall be paid within 30 days after the end of the quarter during which the relevant amount of the mineral was produced or obtained.

(3)In the case of gold metal, royalties shall be paid within 30 days after the end of the quarter during which the gold metal is to be regarded because of regulation 86AA as having been produced.

(4)In the case of nickel, or cobalt or copper sold as a nickel by‑product, royalties must, subject to subregulation (4A), be paid within 30 days after the end of the quarter during which the nickel or nickel by‑product was sold.

(4A)In the case of nickel, or cobalt or copper sold as a nickel by‑product, royalties must be paid in part‑payments in accordance with subregulation (4B) if the amount of royalty to be paid cannot be calculated with certainty until after the end of the period within which the royalties must be paid under subregulation (4).

(4B)For the purposes of subregulation (4A), a royalty part‑payment for a mineral shall be paid within 30 days after the end of the quarter during which any part of the gross invoice value was paid by the purchaser of the mineral.

(5A)In the case of rare earth elements, or rare earth elements‑containing products the royalty for which is not based on royalty value, royalties are to be paid within 30 days after the end of the quarter during which the rare earth elements or rare earth elements‑containing products were sold.

(5B)In the case of vanadium, or a vanadium‑containing product the royalty for which is not based on royalty value, royalties are to be paid within 30 days after the end of the quarter during which the vanadium or vanadium‑containing product was sold.

(5C)In the case of iron ore —

(a)if the royalty value of the ore is as described in regulation 86AD(2)(a) — royalties are, subject to subregulation (6), to be paid within 30 days after the end of the quarter during which the gross invoice value of the ore (or any part of that value) was paid by the purchaser of the ore; or

(b)if the royalty value of the ore is as described in regulation 86AD(2)(b) — royalties are to be paid within 30 days after the end of the quarter during which the ore was sold.

(5)In the case of a mineral, other than cobalt or copper sold as a nickel by‑product, gold, iron ore, or nickel, the royalty for which is based on royalty value, royalties shall, subject to subregulation (6), be paid within 30 days after the end of the quarter during which the gross invoice value of the mineral (or any part of that value) was paid by the purchaser of the mineral.

(6)In the case of a mineral, other than cobalt or copper sold as a nickel by‑product, gold, nickel or iron ore to which subregulation (5C)(b) applies, the royalty for which is based on royalty value, royalties may be paid in part‑payments in accordance with subregulation (7) if the gross invoice value of the mineral is paid in part‑payments.

(7)For the purposes of subregulation (6), a royalty part‑payment for a mineral shall be paid within 30 days after the end of the quarter during which a part‑payment of the gross invoice value of the mineral was paid by the purchaser of the mineral.

(7a)For the purposes of subregulation (4A) and (6), the amount of a royalty part‑payment shall be calculated using a method approved by the Director General of Mines.

(8)If the Director General of Mines is satisfied by information given by the person liable to pay the royalty that the amount of a royalty part‑payment is incorrect because of a miscalculation of gross invoice value, allowable deductions or, in the case of iron ore, shipping costs or for any other reason, any necessary adjustment is to be made and may be taken into account in the next royalty part‑payment paid after the information is given to the Director General of Mines.

[(9)deleted]

[Regulation 86A inserted: Gazette 14 Dec 2001 p. 6406‑7; amended: Gazette 8 Feb 2002 p. 607; 20 May 2005 p. 2159; 19 Jun 2012 p. 2651; 28 Nov 2014 p. 4419-20; 5 Sep 2017 p. 4684‑5; SL 2020/25 r. 6; SL 2021/43 r. 6.]

86B.Tenement within Carnarvon Irrigation District

Notwithstanding regulation 86(2) the holder of a mining tenement within the Carnarvon Irrigation District established under section 28(1)(a) of the Rights in Water and Irrigation Act 1914, is exempt from the payment of royalty on sand obtained from that mining tenement.

[Regulation 86B inserted by Gazette 6 Aug 1982 p. 3099.]

[86C.Deleted by Gazette 3 Oct 1997 p. 5533.]

86D.Exemption in respect of certain clay, gravel, limestone, rock or sand

Notwithstanding regulation 86, the holder of a mining tenement who uses in the course of mining operations clay, gravel, limestone, rock or sand which is not —

(a)sold; or

(b)used for processing or manufacturing purposes,

is exempt from the payment of royalty in respect thereof.

[Regulation 86D inserted by Gazette 12 Nov 1982 p. 4490.]

86E.Exemption in respect of rock for Eyre Highway

Notwithstanding regulation 86, no royalty is payable on rock sold by Central Norseman Gold Corporation Ltd to the department principally assisting the Minister to whom the administration of the Main Roads Act 1930 is committed in the administration of that Act, where that rock is to be used in the upgrading of the Norseman section of the Eyre Highway.

[Regulation 86E inserted by Gazette 3 Jul 1992 p. 2973; amended by Gazette 4 Apr 1997 p. 1779.]

[86F.Deleted by Gazette 1 Mar 2011 p. 685.]

87.Minister may determine value of mineral for the purpose of calculating royalties

(1)Where a royalty has been paid under regulation 86 or 86AA and the Minister is of the opinion that the royalty value on which the royalty was based was not a true or fair value on which to calculate the royalty because —

(a)the royalty value does not reflect the market value of the mineral at the date the mineral was first sold; or

(b)the allowable deductions or, in the case of iron ore, the shipping costs used to calculate the royalty value are excessive having regard to the type of sale; or

(c)the holder of, or applicant for, the mining tenement has not shown to the satisfaction of the Minister, within the time specified by the Minister, that the first sale of the mineral was a genuine commercial transaction and was not principally for the purpose of minimising the royalty payable,

the Minister shall determine the value of the mineral having regard to the market value for that type of mineral assessed at an arm’s length basis, at the date the mineral was first sold, for the type of sale concerned.

(2)Where a value is determined by the Minister under subregulation (1), the royalty shall be assessed at the relevant rate under regulation 86 or 86AA as if that value was the royalty value.

[Regulation 87 inserted: Gazette 20 May 1988 p. 1706; amended: Gazette 3 Oct 1997 p. 5533; 14 Dec 2001 p. 6407; 13 Dec 2002 p. 5805; 28 Nov 2014 p. 4420.]

87A.Notice of determination and assessment under r. 87

(1)Where the Minister makes a determination under regulation 87 he shall cause notice of that determination and an assessment of any royalties payable, after taking into account any moneys already paid, to be served on the person by whom the royalties are payable.

(2)A person on whom notice is served under subregulation (1) shall pay to the Department at Perth the royalties assessed to be payable within 14 days of service of the notice.

[Regulation 87A inserted: Gazette 20 May 1988 p. 1706.]

87B.Records

(1)The holder of, or applicant for, a mining tenement shall keep or cause to be kept such records in respect of the mineral produced or obtained from that mining tenement, or from land the subject of an application for a mining tenement, as are necessary —

(a)to give a true and complete indication of —

(i)the quantity of the mineral; and

(ii)each sale of that mineral, including time, destination, value and quantity of the sale;

and

(b)to substantiate the details and calculations on all royalty returns forwarded under regulation 85B in respect of the mineral,

and shall retain those records for a period of 7 years after the completion of the sale of the mineral, or of the payment of the royalty, whichever is the later date.

(2)A person who contravenes subregulation (1) commits an offence.

[Regulation 87B inserted: Gazette 20 May 1988 p. 1706; amended: Gazette 14 Dec 2001 p. 6407‑8; 8 Feb 2002 p. 608; SL 2021/43 r. 7.]

[88.Deleted: Gazette 31 May 1991 p. 2699.]

89.Recovery of royalty

Any amount of royalty payable pursuant to these regulations and unpaid may be recovered by the Minister on behalf of the Crown by action as for a debt due to the Crown in any court of competent jurisdiction.

[Regulation 89 amended: Gazette 8 Feb 2002 p. 608; SL 2021/43 r. 8.]

Division 5A — Prescribed Australian datum

[Heading inserted: Gazette 15 Dec 2000 p. 7219.]

89A.Geocentric Datum of Australia (Act s. 9B)

(1)This regulation has effect subject to the transitional provisions set out in Schedule 3.

(2)The Geocentric Datum of Australia (the GDA) is prescribed for the purposes referred to in section 9B.

(3)The reference ellipsoid for the GDA is the Geodetic Reference System 1980 (GRS80) ellipsoid with a semi‑major axis of 6 378 137 m exactly and an inverse flattening (l/f) of 298.257 222 101.

(4)The reference frame for the GDA is realised by the coordinates of the following Australian Fiducial Network geodetic stations referred to the GRS80 ellipsoid determined within the International Earth Rotation Service Terrestrial Reference Frame 1992 (ITRF92) at the epoch of 1994.0 —


No.

Name

South latitude

East longitude

Ellipsoidal height

AU 012

Alice Springs

23° 40′ 12.44592″

133° 53′ 07.84757″

603.358 m

AU 013

Karratha

20° 58′ 53.17004″

117° 05′ 49.87255″

109.246 m

AU 014

Darwin

12° 50′ 37.35839″

131° 07′ 57.84838″

125.197 m

AU 015

Townsville

19° 20′ 50.42839″

146° 46′ 30.79057″

587.077 m

AU 016

Hobart

42° 48′ 16.98506″

147° 26′ 19.43548″

41.126 m

AU 017

Tidbinbilla

35° 23′ 57.15627″

148° 58′ 47.98425″

665.440 m

AU 019

Ceduna

31° 52′ 00.01664″

133° 48′ 35.37527″

144.802 m

AU 029

Yarragadee

29° 02′ 47.61687″

115° 20′ 49.10049″

241.291 m

[Regulation 89A inserted: Gazette 15 Dec 2000 p. 7219‑20; amended: Gazette 15 Jan 2010 p. 112; SL 2020/117 r. 5.]

Division 6 — Miscellaneous

89B.Prescribed office (Act s. 8(1))

For the purposes of the definition of mining registrar in section 8(1) the office of Manager Mining Information Counter, Resource Tenure Division of the Department is prescribed.

[Regulation 89B inserted: Gazette 17 Jan 2003 p. 106; amended: Gazette 3 Feb 2006 p. 594; 18 Mar 2011 p. 919; 22 Dec 2017 p. 5991.]

89C.Identified mineral resource (Act s. 8(1))

(1)In this regulation —

JORC Code means the Australasian Code for Reporting of Exploration Results, Mineral Resources and Ore Reserves published by the Joint Ore Reserves Committee of the Australasian Institute of Mining and Metallurgy, the Australian Institute of Geoscientists and the Minerals Council of Australia in December 2004.

(2)For the purposes of the definition of identified mineral resource in section 8(1), a deposit of minerals has to be identified as coming within one of the following classifications provided for in clauses 20, 21 and 22 of the JORC Code —

(a)Inferred Mineral Resource;

(b)Indicated Mineral Resource;

(c)Measured Mineral Resource.

[Regulation 89C inserted: Gazette 3 Feb 2006 p. 595.]

90.Forms to be completed in accordance with directions

A form prescribed by these regulations shall be completed in accordance with such directions as are specified in the form as so prescribed.

[90A.Deleted: Gazette 18 Mar 2011 p. 919.]

91.Appeal to Minister

(1)An appeal referred to in section 32(2), 56(1), 56A(5), 70(5) or 94(3) of the Act shall be in the form of a submission in writing lodged within 14 days of the date of the grant or refusal, as the case requires, by a mining registrar or a warden of the application concerned.

(2)The Minister may obtain such further information in writing from any other party to the matter and from any other sources as he sees fit to assist him in his determination of the appeal.

[Regulation 91 amended: Gazette 12 Nov 1982 p. 4490; 13 Oct 1995 p. 4819; 18 Mar 2011 p. 919.]

92.Shape of tenement

The shape of a mining tenement other than a graticular exploration licence, a miscellaneous licence or one marked out pursuant to regulation 61 shall be in the form of a rectangle, but if the presence of boundaries of mining tenements, other boundaries or natural features make it necessary or desirable to vary this shape, each side of the tenement shall be a straight line and where possible at right angles to an adjacent side or parallel to an opposite side.

[Regulation 92 amended: Gazette 31 May 1991 p. 2699.]

[93.Deleted: Gazette 2 Feb 2001 p. 713.]

[94, 94A.Deleted: Gazette 24 Jun 1994 p. 2933.]

95.Tenements within more than one mineral field or district

(1)Where an application for a mining tenement is made in respect of land situated within more than one mineral field or district, the application may be lodged at any mining registrar’s office but must be assigned to the mining registrar of the mineral field or district apparently containing the largest portion of the ground applied for.

(2)If, as a result of survey or otherwise it is ascertained that any mining tenement or any land the subject of application for a mining tenement is situated partly within the boundaries of any 2 or more mineral fields or districts the Director General of Mines shall determine to which mineral field or district the mining tenement or application shall be assigned.

[Regulation 95 amended: Gazette 2 Oct 1987 p. 3837; 18 Mar 2011 p. 919.]

95A.Mining statistics

(1)The Director General of Mines may cause mining statistics to be compiled from mining information as defined in regulation 96(1).

(2)Mining statistics are to be compiled in such a way that, so far as is practicable, information in respect of a particular person or mining operation cannot be ascertained.

(3)The Director General of Mines may cause mining statistics to be published in any manner that the Director General of Mines considers appropriate.

[Regulation 95A inserted: Gazette 3 Feb 2006 p. 597.]

96.Release of mining information

(1)In this regulation —

combined mineral exploration report means a combined mineral exploration report filed in accordance with arrangements referred to in section 115A(4);

mineral exploration report includes a combined mineral exploration report;

mining information means —

(a)information contained in —

(i)a mineral exploration report; or

(ii)an operations report; or

(iii)a report required under regulation 36(d) or 41(d); or

(iv)a production report furnished under regulation 85A(1) or (2),

irrespective of when the report was filed, furnished or otherwise given; and

(b)any other information relating to mining supplied to the Minister, a warden or an official of the Department under the Act irrespective of when the information was supplied,

but does not include —

(c)information of the kind described in paragraph (a) or (b) if it is in the form of mining statistics compiled under regulation 95A; or

(d)information of the kind described in paragraph (b) if it is environment information as described in regulation 96CA(2);

operations report has the same meaning as in section 115A(1);

release means publish, print, reproduce or otherwise make available to the public.

(2)The Minister may only release mining information —

(a)with the written consent of the holder for the time being of the mining tenement the subject of the information or of a mining tenement granted in renewal or substitution of that mining tenement; or

(b)after the expiry of the period of 3 months immediately following the surrender, forfeiture, expiry or cancellation of the mining tenement the subject of the information or of a mining tenement granted in renewal or substitution of that mining tenement; or

(c)in accordance with subregulation (4); or

(d)in the case of a combined mineral exploration report, in accordance with subregulation (7).

(3)Despite subregulation (2), a person may, on payment of the prescribed fee, obtain at the Department at Perth a copy of the front page of an operations report in the form of Form 5, together with either Attachment 1 — “Summary of Mineral Exploration/Mining Activities” or Attachment 2 — “Summary of Prospecting and/or Small Scale Mining Activities”, as the case may be.

(4)Subject to subregulation (5), the Minister may release mining information that has been held at the Department for a period of 5 years or more.

(4a)Subregulation (4) does not apply to mining information that consists of information as to sales value contained in a production report furnished under regulation 85A(1).

(5)The Minister may, upon the written application of the holder of a mining tenement the subject of mining information to which subregulation (4) applies or of a mining tenement granted in renewal of or substitution for such a mining tenement, refuse to release the information for a further period or further periods not exceeding 5 years in each case.

(6)An application under subregulation (5) shall set out the reasons why the mining information should not be released immediately.

(7)If —

(a)a mining tenement, or part of a mining tenement, the subject of information in a combined mineral exploration report is surrendered, forfeited or expires or is cancelled; and

(b)the former holder of that mining tenement or that part of the mining tenement fails to provide a separate mineral exploration report in respect of the mining tenement or part of the mining tenement within the period of 3 months immediately following its surrender, forfeiture, expiry or cancellation,

the Minister may, at the expiry of the period referred to in paragraph (b), release information relating to any mining tenement contained in the combined mineral exploration report.

[Regulation 96 inserted: Gazette 13 Oct 1995 p. 4819‑20; amended: Gazette 11 Jun 1999 p. 2544; 3 Feb 2006 p. 597-9; 15 Jan 2010 p. 112; 7 Dec 2012 p. 5995.]

96A.Authorisation for release of information in mineral exploration reports

(1)If the copyright in a mineral exploration report or part of a mineral exploration report is owned by a person other than the holder of the mining tenement to which the report relates, the holder shall, before filing the report, take all reasonable steps to obtain the authorisation of the owner of the copyright to the release of information contained in the report in accordance with regulation 96.

(2)When filing a mineral exploration report at the Department, the holder of a mining tenement shall —

(a)if the holder is the owner of the copyright in the report or a part of the report, authorise in writing the release of information contained in the report or the relevant part of the report in accordance with regulation 96; and

(b)if the copyright in the report or a part of the report is owned by a person other than the holder, state in writing whether or not the authorisation of the owner of the copyright to the release of information in the report or the relevant part of the report has been obtained and, if not, state in writing what steps have been taken to obtain that authorisation; and

(c)if the copyright in a part of the report is owned by a person other than the holder, ensure that the report is marked in a manner approved by the Director General of Mines to enable that part to be identified.

(3)The holder of a mining tenement shall not be regarded as having complied with the guidelines referred to in section 115A in relation to the filing of a mineral exploration report, unless the holder has complied with subregulation (2) in relation to that report.

[Regulation 96A inserted: Gazette 13 Oct 1995 p. 4820; amended: Gazette 15 Dec 1995 p. 6115.]

96B.Guidelines, publication of (Act s. 115A)

The guidelines referred to in section 115A shall be published in the Government Gazette in a form approved by the Director General of Mines.

[Regulation 96B inserted: Gazette 13 Oct 1995 p. 4820.]

96CA.Release of certain information compiled from environment reports

(1)In this regulation —

environment information has the meaning given in subregulation (2);

environment report means a report described as an annual environment report that is lodged in compliance with a condition imposed in relation to a prescribed tenement;

mining lease does not include a mining lease granted, or held, pursuant to a Government agreement as defined in the Government Agreements Act 1979 section 2;

prescribed tenement means —

(a)a mining lease; or

(b)a general purpose lease; or

(c)a miscellaneous licence;

release has the meaning given in regulation 96(1);

relevant period, in relation to an environment report, means the period to which the report relates.

(2)For the purposes of this regulation, environment information is information in one or more of the following categories that is compiled from information contained in an environment report in respect of a prescribed tenement —

(a)information summarising the mining operations and rehabilitation activities carried out on the prescribed tenement during the relevant period;

(b)information indicating the level of compliance, during the relevant period, with conditions imposed on the holder of the prescribed tenement under —

(i)in the case of a mining lease, section 84; or

(ii)in the case of a general purpose lease, section 84 (as applied by section 90(4)); or

(iii)in the case of a miscellaneous licence, section 46A (as applied by section 92);

(c)information indicating the number of hectares disturbed by mining operations on the prescribed tenement (whether or not during the relevant period) and the types of disturbance;

(d)information indicating the number of hectares proposed to be disturbed by mining operations on the prescribed tenement in the period of 12 months immediately after the relevant period and the types of proposed disturbance;

(e)information indicating the areas of the prescribed tenement where rehabilitation activities have been completed (whether or not during the relevant period) and of the progress of rehabilitation activities on other areas of the prescribed tenement during the relevant period.

(3)The Director General of Mines may release environment information in the form and in the manner that the Director General of Mines considers appropriate.

[Regulation 96CA inserted: Gazette 7 Dec 2012 p. 5995‑6.]

96C.Specific expenditure provisions

(1)The cost of an Aboriginal heritage survey conducted on land which is the subject of a mining tenement may be used in the calculation of expenditure expended on, or in connection with, mining on the mining tenement.

(1a)The cost of an Aboriginal heritage survey conducted on land while the land was the subject of an application for a mining tenement may be used in the calculation of expenditure expended on, or in connection with, mining on that mining tenement during the first year of its term.

(2)The cost of any rehabilitation activities carried out on land disturbed by mining operations on a mining tenement may be used in the calculation of expenditure expended on, or in connection with, mining on the mining tenement.

(2a)Annual tenement rent (including the rent for the first year of the term of the mining tenement) and local government rates relating to land which is the subject of a mining tenement may be used in the calculation of expenditure expended on, or in connection with, mining on the mining tenement.

(3)Administration and land access costs relating to land which is the subject of a mining tenement may be used in the calculation of expenditure expended on, or in connection with, mining on the mining tenement, but only up to 20% of the minimum commitment, or 20% of the total expenditure on the mining tenement, whichever is the greater amount.

(3a)The cost of cutting and polishing minerals for use as samples may be used in the calculation of expenditure expended on, or in connection with, mining on the mining tenement.

(3b)The cost of an aerial survey may be used in the calculation of expenditure expended on, or in connection with, mining on any mining tenement that is located wholly or partly within the boundaries of the survey when those boundaries are projected onto the surface of the Earth.

(3c)The reference in subregulation (3b) to an aerial survey includes an aerial survey conducted in respect of land while the land was the subject of an application for the mining tenement concerned.

(3d)Where the cost of an aerial survey is used in the calculation of expenditure for more than one mining tenement, the cost is to be apportioned between the mining tenements in such a way that the total expenditure claimed does not exceed the cost.

(3e)For the purposes of subregulations (3b) and (3d) the cost of an aerial survey comprises —

(a)the cost of acquiring data, in the air and on the ground, during the period in which the aerial survey is conducted; and

(b)the cost of processing that data to produce fully corrected, point‑located digital data stored on an appropriate computer‑compatible medium.

(4)The following costs and payments cannot be used in the calculation of expenditure expended on, or in connection with, mining on the mining tenement —

(a)the cost of marking out mining tenements;

(b)any costs associated with the acquisition or sale of mining tenements;

(c)research activities not directly related to a specific tenement;

(d)compensation payments made in respect to the mining tenement.

[Regulation 96C inserted: Gazette 11 Jun 1999 p. 2545; amended: Gazette 21 Jan 2000 p. 344; 15 Aug 2003 p. 3694; 3 Feb 2006 p. 599-600; 15 Jan 2010 p. 112; 9 Nov 2012 p. 5402.]

96D.Drill cores

(1)The holder of a mining tenement must not destroy or dispose of a drill core obtained from the mining tenement unless the holder has given the Minister written notice of his or her intention to do so not less than 3 months before the destruction or disposal.

(2)If the holder of a mining tenement has received a request to furnish drill cores under section 51A, 68(2), 70H(1)(g) or 82(1)(ea), the holder must ensure that the drill cores are stored in a way that protects them from damage and deterioration until such time as the holder complies with the request.

(3)Drill cores furnished in response to a request referred to in subregulation (2) may be made available for public inspection and sampling at the times, and in the manner, determined by the Director, Geological Survey.

(4)A person who contravenes subregulation (1) or (2) commits an offence.

[Regulation 96D inserted: Gazette 3 Feb 2006 p. 600.]

97.No mining that obstructs public thoroughfares etc.

A person who undertakes or causes to be undertaken, any mining that obstructs any public thoroughfare or undermines any road, railway, dam or building in such manner as to endanger the public safety commits an offence.

98.Control of detritus, dirt etc.

The holder of a mining tenement shall not allow detritus, dirt, sludge, refuse, garbage, mine water or pollutant from the tenement to become an inconvenience to the holder of any other mining tenement or to the public, or in any way injure or obstruct any road or thoroughfare or any land used for agricultural, pastoral, fruit‑growing, forestry or other useful purpose and a holder of a mining tenement who contravenes this regulation commits an offence.

99.Decency and sanitation

The holder of a mining tenement shall at all times make adequate provision for preservation of decency and observance of sanitary conditions on the tenement.

100.Removal of fences, timbers etc.

A person who removes or interferes with any fence erected around, or any timber or other material placed in, on or around any abandoned shaft, hole, pit, trench or other disturbance to the surface of the land previously made or used for mining purposes in such a manner that will render the area in an unsafe condition commits an offence.

101.Manner of camping (Act s. 40D(1)(f))

For the purposes of section 40D(1)(f) the holder of a miner’s right may camp on Crown land in —

(a)a vehicle or caravan; or

(b)a tent or other temporary structure; or

(c)the open air.

[Regulation 101 inserted: Gazette 3 Feb 2006 p. 601; amended: Gazette 1 Feb 2013 p. 454.]

101A.Notice before mining under certain Crown land or private land

(1)In this regulation —

relevant depth means 30 m 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 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.

[Regulation 101A inserted: Gazette 17 Jan 2003 p. 106‑7.]

102.Devolution on death etc.

(1)On the death, bankruptcy, insanity or liquidation of the holder of, or applicant for, a mining tenement, his legal personal representative, receiver, trustee or a liquidator in whom the property of the company of which he is liquidator has been vested, as the case may be, may lodge a devolution in the form of Form 28 with the prescribed fee and an attested or certified copy of the document under which he derives his title.

(2)The death, bankruptcy, insanity or liquidation of the holder of a mining tenement shall be a reason for exemption pursuant to section 102(3) of the Act.

[Regulation 102 amended: Gazette 15 Jan 2010 p. 113.]

[103.Deleted: Gazette 3 Feb 2006 p. 524.]

[104.Deleted: Gazette 1 Feb 2013 p. 454.]

105.Application for copy document

(1)The holder of a mining tenement may apply to the Department for a copy of the instrument of lease or licence issued in respect of the mining tenement.

(2)In the case of any other document issued by the Department, a person may apply to the Department for a copy of the document if —

(a)the document was issued to the person; or

(b)the document was issued in respect of a mining tenement and the person is the holder of the mining tenement.

(3)If an application for the issue of a copy of a document is made under this regulation in the form of Form 29 and is accompanied by the prescribed fee, a certified copy of the document is to be issued.

[Regulation 105 inserted: Gazette 13 Dec 2019 p. 4237‑8.]

[106-107AA.Deleted: Gazette 3 Feb 2006 p. 524.]

108.Appointment of attorney

A person may appoint an attorney to act for him in dealing with any mining tenement or application therefor by lodging a power of attorney in the form of Form 31 with the prescribed fee.

[Regulation 108 amended: Gazette 15 Jan 2010 p. 113.]

109.Fees and rents

(1)Subject to subregulation (2), fees payable under the Act are prescribed in Schedule 2.

(2)The bailiff fees set out in the Magistrates Court (Fees) Regulations 2005 are, so far as they are applicable, prescribed as the bailiff fees payable in relation to proceedings under the Act except Part IV.

(3)For the purposes of the Act, the prescribed rent for a mining tenement for a year is the rent for a mining tenement of that kind set out in Schedule 2 items 1 to 8, subject to subregulation (3A).

(3A)If a mining lease is restricted under section 110 to minerals dissolved in brine, Schedule 2 item 9 applies instead of item 8.

(4)The prescribed rent for a mining tenement for the second and subsequent years of the term of the tenement shall be paid yearly in advance within one month after the anniversary of the date on which the term commenced.

[Regulation 109 inserted: Gazette 2 Oct 1987 p. 3821; amended: Gazette 4 Apr 1997 p. 1779; 2 Feb 2001 p. 713‑14; 9 Mar 2007 p. 871; 15 Jan 2010 p. 136; 24 Jun 2011 p. 2511; 22 Jun 2012 p. 2792; 24 May 2019 p. 1494; 18 Jun 2019 p. 2048.]

[109A.Deleted: Gazette 24 Jun 2011 p. 2511.]

[110.Deleted: Gazette 3 Feb 2006 p. 524.]

111.Service of notices

(1)Unless otherwise provided in the Act or these regulations, any notice, order, process, or other document, required or authorised under the Act or these regulations, to be given to or served upon any person, may be served —

(a)by delivering it to such person; or

(b)by delivering it to some person apparently over the age of 16 years, at the place of abode or business of the party to be served; or

(c)by delivering it, or sending it by prepaid post to the person at the person’s last known place of abode or business; or

(d)where the party to be served is working in any mine or other works underground, by delivering it at the mine or works to any person apparently in charge of the mine or works.

(2)Any such notice or other document, if addressed to the owner or occupier of any land, may be served, if there is no person on the premises, by fixing it on some conspicuous part of the premises.

(3)Where the name of the owner or occupier is unknown, the notice may be addressed to those persons by the description of the “owner” or “occupier” of the premises (naming them) in respect of which the notice is given without further name or description.

(4)Where in any case the practice and procedure for service of notices is not sufficiently defined in this regulation, the practice and procedure of the Magistrates Court in its civil jurisdiction shall be adopted as far as possible.

[Regulation 111 amended: Gazette 9 Mar 2007 p. 871; 9 Nov 2012 p. 5402.]

112.Securities

(1)For the purposes of sections 52(1), 60(1), 70F(1) and 84A(1), the applicant shall lodge a security within 28 days after lodging the application to which the security relates.

(2)For the purposes of section 126(1)(a)(ii), the amount of $5 000 is prescribed.

(3)For the purposes of section 126(1)(b), Form 32 is prescribed.

[Regulation 112 inserted: Gazette 3 Feb 2006 p. 601; amended: Gazette 15 Jan 2010 p. 113.]

112A.Discharge of security, application for (Act s. 126(7))

An application for discharge of a security under section 126(7) shall be accompanied by —

(a)a statutory declaration of the person subscribing, stating the extent to which that person has complied with the conditions under which the mining tenement was granted and with the provisions of the Act and regulations and giving details of the nature of that compliance; and

(b)a map showing —

(i)the location of the workings of the person subscribing in relation to the mining tenement; and

(ii)the boundaries of the workings; and

(iii)the access routes to the workings.

[Regulation 112A inserted: Gazette 2 Oct 1987 p. 3821.]

113.Employees not to use information

A person employed by the Department in any capacity who uses for the purpose of personal gain any information that comes to his knowledge in the course of, or by reason of, his employment with the Department commits an offence.

113A.Prescribed persons before whom affidavit may be sworn (Act s. 160D)

For the purposes of section 160D(f), the offices of —

(a)Executive Director; and

(b)General Manager Resource Tenure; and

(c)Manager Mineral Tenure; and

(d)Manager Mining Information Counter,

in the Resource Tenure Division of the Department are prescribed as offices and classes of offices, so that the occupants of those offices are persons before whom affidavits to be used in a warden’s court, or to be used before a warden or a mining registrar, may be sworn.

[Regulation 113A inserted: Gazette 9 Mar 2007 p. 872; amended: Gazette 18 Mar 2011 p. 920; 22 Dec 2017 p. 5991.]

113B.Prescribed official for certified documents (Act s. 161)

For the purposes of section 161(4)(a)(iii) the prescribed officials are —

(a)Executive Director Resource Tenure Division in the Department;

(b)General Manager Resource Tenure in the Resource Tenure Division of the Department.

[Regulation 113B inserted: Gazette 9 Mar 2007 p. 872; amended: Gazette 18 Mar 2011 p. 920; 22 Dec 2017 p. 5991.]

114.Warden’s order not to be disobeyed

A person who disobeys a lawful order of a warden or a warden’s court commits an offence.

115.General penalty

A person who commits an offence against a regulation for which no penalty is provided elsewhere than in this regulation is liable to a fine not exceeding $10 000 and if the offence is a continuing one to a fine not exceeding $1 000 for each day or part thereof during which the offence has continued.

[Regulation 115 amended: Gazette 31 Jul 1992 p. 3776; 17 Jan 2003 p. 107.]

Part VI  Surveys

[Heading inserted: Gazette 30 May 1986 p. 1840.]

116.Terms used

In this Part, unless the contrary intention appears —

approved surveyor means licensed surveyor who is for the time approved under regulation 117;

Director means the person for the time being holding or acting in the office of the Executive Director Resource Tenure Division in the Department under Part 3 of the Public Sector Management Act 1994;

licensed surveyor has the meaning given by section 3 of the Licensed Surveyors Act 1909;

mining survey means survey required under the Act or these regulations in respect of the boundaries of the area of land to which a tenement relates;

tenement means mining tenement or application therefor.

[Regulation 116 inserted: Gazette 30 May 1986 p. 1840; amended: Gazette 13 Oct 1995 p. 4821; 18 Mar 2011 p. 920; 22 Dec 2017 p. 5991.]

117.Approved surveyors

(1)The Minister may from time to time —

(a)approve for the purposes of this Part a person who is a licensed surveyor; and

(b)on the recommendation of the Director given under subregulation (3), withdraw an approval given under this subregulation.

(2)Subject to the Act and this Part, all mining surveys shall be carried out by approved surveyors in accordance with —

(a)the Licensed Surveyors Act 1909 and the Licensed Surveyors (General Surveying Practice) Regulations 1961 2 or a procedure approved by the Director; and

(b)such directions as are from time to time published by the Department for the guidance of approved surveyors.

(3)If, in the opinion of the Director, an approved surveyor has not complied with the requirements of subregulation (2), the Director may recommend to the Minister that the approval of the approved surveyor be withdrawn under subregulation (1).

(4)If an approved surveyor ceases to be a licensed surveyor, his approval is deemed to be withdrawn under subregulation (1) at the time of that cessation.

[Regulation 117 inserted: Gazette 30 May 1986 p. 1840; amended: Gazette 2 Jul 1993 p. 3272.]

118.Initiation of mining surveys

(1)Subject to subregulation (2), the Director shall —

(a)when a mining survey is ordered to be made under section 47(1), 58(2)(b) or 70G(1) of the Act; or

(b)subject to section 80 of the Act, after the lodging of an application for a mining lease; or

(c)subject to section 80, as read with section 90, of the Act, after the lodging of an application for a general purpose lease; or

(d)when a mining survey is requested by the Minister or a warden’s court for the purpose of determining any matter relating to the boundaries of a tenement,

arrange for a mining survey of the relevant tenement to be made as soon as is practicable by an approved surveyor.

(2)Subregulations (1)(b) and (c) do not apply to applications lodged on or after 1 July 1991.

(3)Subject to regulation 118C, a survey of a mining lease under section 80 of the Act, or of a general purpose lease under section 90 of the Act may be arranged by the holder of the tenement and carried out at any time, but if the Director directs, by written notice given to the holder of the tenement, that a survey be arranged and carried out, the holder of the tenement must arrange for a survey to be carried out within the time specified in the notice.

[Regulation 118 inserted: Gazette 30 May 1986 p. 1840; amended: Gazette 21 Jun 1991 p. 3056; 24 Jun 1994 p. 2933; 9 Mar 2007 p. 873.]

118A.Notice of proposed mining surveys

(1)Where the Director proposes to carry out a mining survey of a tenement, the Director shall serve by post notice of that fact on —

(a)the applicant for or holder of the tenement concerned; and

(b)an applicant for or a holder of any adjoining tenement.

(2)Where the lessee proposes or is required to carry out a mining survey of a tenement on or after 1 July 1991, the approved surveyor who is to carry out the survey shall serve by post notice of that fact on an applicant or a holder of any adjoining tenement.

(3)The Director shall provide an approved surveyor with the details of adjoining tenement applicants and holders for the purposes of complying with subregulation (2), when requested to do so by the approved surveyor.

[Regulation 118A inserted: Gazette 16 Nov 1990 p. 5729; amended: Gazette 21 Jun 1991 p. 3056.]

118B.When mining surveys are to be carried out

A mining survey, in relation to a lease application lodged after 1 July 1991 —

(a)shall, when required by the Director, be arranged by the applicant as soon as possible; or

(b)may, where the Director has not indicated that a mining survey is required at any particular time, be arranged by the applicant at any time.

[Regulation 118B inserted: Gazette 21 Jun 1991 p. 3056.]

118C.Refund of certain survey fees

(1)Where a prescribed survey fee was paid under the Act before the commencement of section 28 of the Mining Amendment Act 1993 3 but a mining survey has not yet been arranged, the Director General of Mines may, on written application by the applicant for, or holder of, the tenement concerned, refund the survey fee.

(2)Where a survey fee is refunded under subregulation (1), the Director may give a written notice to the applicant or tenement holder (as the case may be) specifying a time within which a survey must be arranged.

(3)Where a survey fee is refunded under subregulation (1), the applicant for, or holder of, the tenement concerned must arrange and pay for a mining survey of the tenement to be carried out by an approved surveyor —

(a)within the time period specified in a notice given under subregulation (2); or

(b)if no notice is given under subregulation (2), at any time.

[Regulation 118C inserted: Gazette 24 Jun 1994 p. 2933‑4.]

119.Boundary marks to be pointed out

(1)When a mining survey is to be carried out, the applicant for or the holder of the tenement concerned who does not make himself or his agent available at a reasonable time in order to point out to the approved surveyor carrying out the mining survey his corner posts and other boundary marks commits an offence.

(2)Subregulation (1) does not apply where the application giving rise to the mining survey is lodged on or after 1 July 1991.

[Regulation 119 inserted: Gazette 30 May 1986 p. 1840; amended: Gazette 21 Jun 1991 p. 3056.]

120.Adjustment of boundaries

(1)Subject to this regulation, an approved surveyor shall carry out a mining survey in respect of —

(a)a tenement other than an exploration licence so as to conform with —

(i)the land indicated by the applicant in marking out that tenement; and

(ii)the prescribed shape referred to in section 105(1) of the Act;

or

(b)an exploration licence or an application therefor to conform with the substance of the description thereof.

(2)If, in the case of an application for a tenement other than an exploration licence, an adjustment made to achieve conformity under subregulation (1) would affect adjoining interests, the approved surveyor concerned shall survey the relevant tenement as strictly in accordance with its marking out as the circumstances permit.

(3)If an approved surveyor finds that a tenement being surveyed by him encroaches on another tenement having priority in application over the first‑mentioned tenement, the approved surveyor shall excise from the area of the first‑mentioned tenement the area of that encroachment.

(4)The Director shall provide an approved surveyor with details relating to priority of adjoining tenements, for the purposes of complying with subregulation (3), when requested to do so by the approved surveyor.

[Regulation 120 inserted: Gazette 30 May 1986 p. 1840; amended: Gazette 21 Jun 1991 p. 3057.]

120A.Disputes and objections in mining survey

(1)If a dispute arises during a mining survey concerning the position of posts or otherwise and the parties to the dispute cannot agree, the approved surveyor concerned shall —

(a)forthwith report the matter to the Director at Perth; and

(b)not proceed with the mining survey pending determination of the dispute under subregulation (5).

(2)The Director shall, as soon as is practicable after receiving a report made to him under subregulation (1), refer the matter so reported to him to the mining registrar, together with his own report on that matter for the benefit of the warden.

(2a)Subregulations (1) and (2) do not apply where the application giving rise to the mining survey described in subregulation (1) is lodged on or after 1 July 1991.

(3)After a mining survey, the Director shall serve by post on the persons referred to in regulation 118A(1), a copy of the documents referred to in regulation 120E and a covering letter.

(3a)A person who has been served under subregulation (3) may, within 30 days of the date of the covering letter, lodge an objection as to the mining survey and the objection shall be lodged in the form of Form 16.

(4)A dispute or objection referred or lodged under this regulation shall be heard by the warden.

(5)When the warden has heard a dispute or objection under subregulation (4), the warden’s recommendation relating to the dispute or objection must be forwarded by the warden to the Minister and the Minister must determine the dispute or objection.

[Regulation 120A inserted: Gazette 30 May 1986 p. 1840‑1; amended: Gazette 16 Nov 1990 p. 5729; 21 Jun 1991 p. 3057; 24 Dec 1993 p. 6829; 9 Mar 2007 p. 873; 15 Jan 2010 p. 114; 18 Mar 2011 p. 920; 1 Feb 2013 p. 454; 13 Dec 2019 p. 4238.]

120B.Cost of travelling

When an applicant for or the holder of an isolated tenement requests that the relevant mining survey be expedited, that applicant or holder shall pay such contribution as the Director approves towards meeting the cost of any travelling undertaken in order to meet that request.

[Regulation 120B inserted: Gazette 30 May 1986 p. 1841.]

120C.Correction of errors or omissions

(1)The Director may request an approved surveyor to correct any errors or omissions in a mining survey carried out by the approved surveyor.

(2)If the approved surveyor to whom a request is made under subregulation (1) does not promptly comply with the request, the Director may request another approved surveyor to correct the errors or omissions concerned.

(3)If a mining survey has not been completed by an approved surveyor in accordance with these regulations or areas have been incorrectly computed by an approved surveyor, but the Director does not wish to reject the mining survey concerned, the Director may request another approved surveyor to complete that mining survey in accordance with these regulations or to correct the computations, as the case requires.

(4)The cost of correction or completion in compliance with a request made under subregulation (2) or (3) is a debt due to the Minister by the approved surveyor —

(a)to whom the relevant request was made under subregulation (1); or

(b)who did not complete a mining survey, or who made incorrect computations, within the meaning of subregulation (2),

as the case requires, and may be recovered from that approved surveyor by the Minister by action in a court of competent jurisdiction.

[Regulation 120C inserted: Gazette 30 May 1986 p. 1841; amended: Gazette 21 Jun 1991 p. 3057.]

120D.Cost of check surveys and of correction of errors to be met by approved surveyors

If an independent check survey requested by the Director within 2 years of the completion of a mining survey shows that unacceptable errors or omissions are present in the mining survey, the cost of that check survey and of correcting those errors or omissions is a debt due to the Minister by the approved surveyor who carried out the mining survey and may be recovered from that approved surveyor by the Minister by action in a court of competent jurisdiction.

[Regulation 120D inserted: Gazette 30 May 1986 p. 1841.]

120E.Report of surveyed tenements to be prepared

An approved surveyor shall cause to be prepared, for each tenement surveyed by him, a report in the form of Form 44 and shall cause that report to be lodged.

[Regulation 120E inserted: Gazette 5 Jul 1991 p. 3359; amended: Gazette 15 Jan 2010 p. 114; 18 Mar 2011 p. 920.]

Part VIA — Inspectors

[Heading inserted: Gazette 24 Jun 1994 p. 2934.]

Division 1 — Inspectors

[Heading inserted: Gazette 24 Jun 1994 p. 2934.]

120F.Assignment of inspectors for environmental purpose

(1)The Director General of Mines may assign an inspector appointed under section 11 to carry out the duties and to exercise the powers set out in this Part.

(2)Where the Director General of Mines has assigned an inspector under subregulation (1), the Director General must issue the inspector with a certificate of assignment which states —

(a)that the inspector is authorised to carry out those duties and exercise those powers set out in this Part; and

(b)that the inspector to whom the certificate is issued is entitled to act in the capacity of —

(i)an inspector; or

(ii)a senior inspector,

as the case may be.

(3)When an inspector or a senior inspector enters a mining tenement, he or she must produce the certificate to the holder of the mining tenement if asked to do so by the holder.

(4)When an inspector or a senior inspector enters a mine, he or she must produce the certificate to the mine manager or the person ostensibly in charge of the mine if asked to do so.

(5)A reference in this Part to an inspector or a senior inspector is a reference to the holder of a certificate under subregulation (1).

[Regulation 120F inserted: Gazette 24 Jun 1994 p. 2934.]

120G.Inspectors may enter mining tenement or mine

(1)An inspector or a senior inspector may enter, inspect and inquire in respect of any mining tenement or mine —

(a)to establish the condition of that mining tenement or mine; or

(b)for any purpose related to the protection of the environment.

(2)An inspector or a senior inspector may be accompanied by any person thought to be necessary by that inspector or senior inspector when entering a mining tenement or mine under subregulation (1), but the inspector or senior inspector, or person chosen to accompany him or her, must not unnecessarily impede or obstruct any operations.

(3)A person who refuses entry to an inspector or a senior inspector, or who fails within a reasonable time to furnish an inspector or a senior inspector with the means to enter a mining tenement or mine that the inspector or senior inspector wishes to enter, commits an offence.

[Regulation 120G inserted: Gazette 24 Jun 1994 p. 2934‑5.]

Division 2 — Directions to modify mining operations

[Heading inserted: Gazette 24 Jun 1994 p. 2935.]

120H.Inspectors may issue directions

If an inspector or a senior inspector is of the opinion that a mine, or any activity in connection with that mine is likely to have or is having a significant adverse effect on the environment, that inspector or senior inspector may issue a written direction to modify mining operations to the mining tenement holder —

(a)by delivering a copy of that direction to the person ostensibly in charge at the site of the relevant mine; or

(b)in the absence of the person referred to in paragraph (a), by posting a copy to the mining tenement holder at that mining tenement holder’s last known address.

[Regulation 120H inserted: Gazette 24 Jun 1994 p. 2935.]

120I.Directions

A direction to modify mining operations must —

(a)be in writing; and

(b)specify the operation or activity to be modified, and its effect or potential effect on the environment; and

(c)set out the reason for that effect or perceived effect; and

(d)specify a time and date within which compliance with the direction must take place; and

(e)indicate that a review of the decision to issue that direction, or of the terms of that direction, may be sought within 7 days of the receipt of that direction in accordance with regulation 120J.

[Regulation 120I inserted: Gazette 24 Jun 1994 p. 2935.]

120J.Review of direction

(1)A mining tenement holder to whom a direction is issued, or the holder’s agent, may request a review of the decision to issue that direction, or of the terms of that direction, by delivering a request in writing within 7 days of the receipt of that direction, to the Executive Director, Resource and Environmental Compliance Division, setting out the reasons for the request.

(2)A mining tenement holder is not bound by a direction while a review of the direction is being sought or determined.

(3)When reviewing a direction, the Executive Director, Resource and Environmental Compliance Division may —

(a)take into account any active measures that have been taken by the mining tenement holder which result in substantial compliance with the direction; and

(b)extend the time period for compliance with the direction, if of the opinion that measures already taken by the mining tenement holder will be completed within the extended time period.

(4)Upon the review of a direction, the Executive Director, Resource and Environmental Compliance Division is to determine that review by —

(a)confirming the decision to issue a direction and confirming the terms of that direction, giving a new period for compliance; or

(b)confirming the decision to issue a direction but modifying the terms of that direction, giving a new period for compliance; or

(c)revoking the direction.

[Regulation 120J inserted: Gazette 24 Jun 1994 p. 2935‑6; amended: Gazette 3 Feb 2006 p. 604; 22 Dec 2017 p. 5992.]

120K.Compliance with directions

(1)A mining tenement holder to whom a direction is issued and who has not requested a review of that direction, shall comply with the terms of that direction within the time period specified in that direction.

(2)When a mining tenement holder to whom a direction is issued requests a review, or intends to request a review and a review is requested, if upon determination of that review —

(a)the decision to issue a direction is confirmed and the terms of that direction are confirmed, the mining tenement holder shall comply with the terms of that direction within the new time period specified in that direction; or

(b)the decision to issue a direction is confirmed but the terms of that direction are modified, the mining tenement holder shall comply with the modified terms of that direction within the new time period specified in that direction; or

(c)the direction is revoked, the mining tenement holder is not bound by the original direction.

(3)A mining tenement holder who does not comply with subregulation (1) or (2) commits an offence.

(4)A term of a contract or agreement that purports to exclude, restrict or modify a person’s obligation to comply with a direction is void, and a person’s obligation to comply with a direction is not affected by reason of surrender, forfeiture or expiry of the mining tenement.

[Regulation 120K inserted: Gazette 24 Jun 1994 p. 2936.]

Division 3 — Stop Work Orders

[Heading inserted: Gazette 24 Jun 1994 p. 2936.]

120L.Inspectors may issue Stop Work Orders

(1)If an inspector or a senior inspector is of the opinion that —

(a)a mining tenement holder is not complying with a provision of the Act or these regulations; or

(b)a mining tenement holder is not complying with the mining tenement conditions; or

(c)an accident or unexpected event has taken place or may take place at a mine under the control of a mining tenement holder,

and as a result of that non‑compliance, or accident or event, there is, or may be, a significant adverse effect on the environment, that inspector or senior inspector may issue a Stop Work Order to the mining tenement holder.

(2)A Stop Work Order shall be issued —

(a)by delivering a copy of that Order to the person ostensibly in charge at the site of the relevant mine; or

(b)in the absence of the person referred to in paragraph (a), by posting a copy to the mining tenement holder at that mining tenement holder’s last known address.

(3)If an inspector intends to issue a Stop Work Order, that inspector must first obtain the approval of a senior inspector after explaining the nature of the effect or potential effect on the environment to that senior inspector.

[Regulation 120L inserted: Gazette 24 Jun 1994 p. 2936‑7.]

120M.Stop Work Orders

A Stop Work Order must —

(a)be in writing; and

(b)specify the operation or activity and its effect or the potential effect on the environment; and

(c)set out the mining operations to be stopped; and

(d)specify a time and date at or before which those mining operations are to stop; and

(e)show that it is issued by a senior inspector, or an inspector who has obtained the approval of a senior inspector; and

(f)indicate that a review of the decision to issue that Order, or of the terms of that Order, may be sought within 14 days of the receipt of that Order in accordance with regulation 120N.

[Regulation 120M inserted: Gazette 24 Jun 1994 p. 2937.]

120N.Review of Stop Work Order

(1)A mining tenement holder to whom a Stop Work Order is issued, or the holder’s agent, may request a review of the decision to issue that Order, or of the terms of that Order, by delivering a request in writing within 14 days of the receipt of that Order by the mining tenement holder, to the Minister, setting out the reasons for the request.

(2)The mining tenement holder shall ensure that mining operations which are specified as being the subject of a Stop Work Order stop in accordance with the Order regardless of whether a review is requested or not.

(3)Upon receiving a request for a review of a Stop Work Order, the Minister shall obtain a report from the Executive Director, Resource and Environmental Compliance Division setting out details of the reasons given by the inspector or senior inspector for issuing the Order, together with the Executive Director, Resource and Environmental Compliance Division’s recommendations on the matter.

(4)Upon receiving the Executive Director, Resource and Environmental Compliance Division’s report, the Minister may consult with a senior mining industry representative, nominated by the Australasian Institute of Mining and Metallurgy.

(5)After receiving a report under subregulation (3) and, where appropriate, after consultation in accordance with subregulation (4), the Minister is to determine the review by —

(a)confirming the decision to issue a Stop Work Order and confirming the terms of that Stop Work Order; or

(b)confirming the decision to issue a Stop Work Order but modifying the terms of that Stop Work Order; or

(c)revoking the Stop Work Order.

(6)A determination under subregulation (5) must be in writing, and sent to the mining tenement holder’s last known address within 14 days of the receipt by the Minister of the request for review.

[Regulation 120N inserted: Gazette 24 Jun 1994 p. 2937‑8; amended: Gazette 3 Feb 2006 p. 604-5; 22 Dec 2017 p. 5992.]

120O.Compliance with Stop Work Orders

(1)A mining tenement holder to whom a Stop Work Order is issued shall comply with the terms of that Order at or before the time specified in that Order.

(2)A mining tenement holder to whom a Stop Work Order is issued shall not recommence mining operations which are the subject of a Stop Work Order unless —

(a)written approval to do so has been obtained from either the Minister or a senior inspector; or

(b)a determination has been made under regulation 120N(5) allowing the mining tenement holder to do so.

(3)A mining tenement holder who does not comply with subregulation (1) or (2) commits an offence.

(4)A term of a contract or agreement that purports to exclude, restrict or modify a person’s obligation to comply with a Stop Work Order is void, and a person’s obligation to comply with an Order is not affected by reason of surrender, forfeiture or expiry of the mining tenement.

[Regulation 120O inserted: Gazette 24 Jun 1994 p. 2938.]

Part VIB  Aerial photography

[Heading inserted: Gazette 13 Oct 1995 p. 4821.]

120P.Terms used

In this Part —

aerial photography means aerial photography for the purposes of mineral exploration;

contractor means a person who undertakes aerial photography;

Director means the Director, Geological Survey.

[Regulation 120P inserted: Gazette 13 Oct 1995 p. 4821; amended: Gazette 3 Feb 2006 p. 602.]

120Q.Information to be provided as to aerial photography

(1)A contractor shall within one year of undertaking aerial photography provide the Director with the following information —

(a)a copy of the flight diagram; and

(b)specifications of the aerial photography including —

(i)the date on which the aerial photography was undertaken; and

(ii)the height at which the aerial photography was undertaken; and

(iii)the focal length of the camera lens used for the aerial photography; and

(iv)whether the photographs taken were black and white or colour;

and

(c)his or her name and address; and

(d)the name and address of the owner of the negatives; and

(e)if the owner of the negatives is not the owner of the copyright in the negatives, the name and address of the person who is the owner of the copyright; and

(f)the name and address of the person who commissioned the aerial photography.

(2)A contractor who fails to comply with subregulation (1) commits an offence.

[Regulation 120Q inserted: Gazette 13 Oct 1995 p. 4821‑2.]

120R.Register

(1)The Director shall keep a register of the information provided under regulation 120Q.

(2)The register shall be kept in such form as the Director thinks fit.

(3)Subject to regulation 120S, the register shall be available for public inspection during the normal office hours of the Department.

(4)Subject to regulation 120S, a person may, upon application to the Director, obtain a copy of an entry in the register.

(5)The Director may amend, add to and correct the register in such manner as is necessary to make the register an accurate record of the information it contains.

[Regulation 120R inserted: Gazette 13 Oct 1995 p. 4822.]

120S.Confidentiality of information

(1)The Director may, at the request of an owner of negatives of aerial photography or a contractor, classify information referred to in regulation 120Q(1)(d), (e) or (f) that relates to particular aerial photography as confidential for a period not exceeding 5 years from the date on which the aerial photography concerned was undertaken.

(2)Despite regulation 120R(3) and (4), information that is classified as confidential under subregulation (1) shall not be made available to the public during the period that it is so classified.

[Regulation 120S inserted: Gazette 13 Oct 1995 p. 4822.]

Part VII  Proceedings in warden’s court

[Heading inserted: Gazette 9 Mar 2007 p. 873.]

121.Proceedings

(1)Except as provided in section 135 of the Act, all civil proceedings in the warden’s court shall be commenced by plaint in the form of Form 33.

(2)Fees payable in respect of such proceedings are respectively set out in Schedule 2.

[Regulation 121 amended: Gazette 15 Jan 2010 p. 114 and 136.]

122A.Lodging proceedings documents through Department’s website

(1)Subject to the requirements of the Department’s website and this regulation, a person may lodge electronically a document in relation to proceedings in the warden’s court by lodging an electronic version of it by means of the Department’s website.

(2)If a document is or must be signed by a person who is not, or who is not acting on behalf of, the person lodging it, the document cannot be lodged electronically unless it is an affidavit.

(3)If a document is in a form that, before it is lodged, is required to be signed by or on behalf of the person lodging it and the document is being lodged electronically —

(a)the document need not be signed by that person; and

(b)the person lodging the document electronically must ensure that the electronic version of the document, instead of showing a signature at any place where a signature is required, states the name of the person whose signature is required at the place.

(4)A person who lodges an affidavit electronically must either lodge an electronic version of it that includes the signatures on it or —

(a)lodge an electronic version of it that does not include the signatures on it; and

(b)ensure that the electronic version, instead of showing a signature at any place where a signature appears in the paper version, states the name of the person whose signature it is; and

(c)also lodge an undertaking that the person —

(i)has possession of the paper version signed according to law; and

(ii)will retain the paper version subject to any order of the warden’s court.

(5)A document that is lodged electronically after 4.30 p.m. on a working day and before 8.30 a.m. on the next working day is to be taken to have been lodged at 8.30 a.m. on that next working day.

(6)If a document is sent electronically to the Department but not in accordance with the requirements of the Department’s website and this regulation —

(a)the document is to be taken not to have been lodged; and

(b)the mining registrar must notify the person who sent it of the fact.

(7)A person who lodges a document electronically must have the paper version of the document with him or her at any hearing of the relevant proceedings.

(8)The warden’s court may, at any time, order a person who has lodged a document electronically to lodge the paper version of the document.

(9)This regulation does not affect, and is not affected by, regulation 59B.

[Regulation 122A inserted: Gazette 9 Nov 2012 p. 5402-4.]

122.Lodgment, withdrawal of plaint

(1)Every plaint shall be signed by the plaintiff or his lawyer and lodged with the prescribed fees.

(2)A plaint shall not be withdrawn or proceedings stayed after a summons has been endorsed on the plaint and served without the written consent of the respondent or by leave of the warden’s court.

[Regulation 122 amended: Gazette 9 Mar 2007 p. 873; 15 Jan 2010 p. 114; 18 Mar 2011 p. 921; 9 Nov 2012 p. 5404.]

123.Issue of summons

(1)On receipt of a plaint, the mining registrar shall —

(a)fix a date and time for a mention hearing in the warden’s court being not less than 45 days from the date of lodgment, unless all parties to the action consent to an earlier mention hearing date; and

(b)advise the plaintiff of the mention hearing date; and

(c)endorse a summons on the plaint addressed to each respondent and forward it for service in accordance with regulation 124 to —

(i)the plaintiff; or

(ii)the bailiff of the court; or

(iii)if there is no bailiff, to the local police constable or some other suitable person approved by the mining registrar for purposes of that regulation.

(2)At a mention hearing the court may —

(a)set a date for the hearing of the proceedings; or

(b)adjourn the proceedings to a further mention hearing; or

(c)make any other order,

or may do any combination of those things.

[Regulation 123 amended: Gazette 17 Jan 2003 p. 114; 9 Mar 2007 p. 874; 15 Jan 2010 p. 114; 9 Nov 2012 p. 5404-5.]

124.Service of summons

(1)A summons endorsed on a plaint under regulation 123(1)(c) must be served personally on a respondent.

(2)For the purposes of subregulation (1), a summons is served personally on a respondent if it is served in accordance with regulation 150AB.

[Regulation 124 inserted: Gazette 9 Nov 2012 p. 5405.]

125.Time for service

(1a)In this regulation —

summons means a summons endorsed on a plaint under regulation 123(1)(c) or a witness summons under regulation 127.

(1)A summons shall be served not less than 14 days before the date fixed for the hearing of the plaint.

(2)Where a summons has not been served within the prescribed time, the warden or mining registrar may, on an application by the plaintiff, fix a new date of hearing and issue an amended summons.

[Regulation 125 amended: Gazette 17 Jan 2003 p. 114; 9 Mar 2007 p. 875; 9 Nov 2012 p. 5405-6.]

126.Notice of defence

When the respondent intends to dispute the claim he shall lodge within 14 days after the service of the summons, or at any subsequent time prior to the mention hearing as the warden may allow, a response in the form of Form 36 with the prescribed fee, and the mining registrar shall forward a copy of the response to the plaintiff.

[Regulation 126 amended: Gazette 24 Jun 1994 p. 2938; 11 Jun 1999 p. 2545; 17 Jan 2003 p. 114; 9 Mar 2007 p. 875; 15 Jan 2010 p. 115; 18 Mar 2011 p. 925.]

127.Witness summons

(1)Each party may procure the attendance of a witness to give evidence or produce documents by means of a witness summons issued by the court in the form of Form 37 and served personally on the witness.

(2)For the purposes of subregulation (1), a witness summons is served personally on a witness if it is served in accordance with regulation 150AB(1).

(3)A witness who attends in answer to a summons shall be entitled to —

(a)an amount that is likely to be sufficient to meet the reasonable expenses of attending the warden’s court; or

(b)arrangements to enable the witness to attend the warden’s court; or

(c)the means to enable the witness to attend the warden’s court.

(4)A witness is not required to attend unless at the time of the service of the summons subregulation (3) has been complied with.

[Regulation 127 inserted: Gazette 9 Mar 2007 p. 876‑7; amended: Gazette 15 Jan 2010 p. 115; 9 Nov 2012 p. 5406.]

127A.Requirements for service

(1)If under this Part a party is required to serve a document —

(a)the party shall serve a copy of the document returned after lodgment bearing the seal of the warden’s court; and

(b)unless these regulations provide otherwise or the warden’s court otherwise directs, the party must serve the document —

(i)on each other party within 14 days after the document is lodged; and

(ii)by ordinary service in accordance with regulation 127CA.

[(2)deleted]

[Regulation 127A inserted: Gazette 9 Mar 2007 p. 877; amended: Gazette 9 Nov 2012 p. 5406.]

127B.Address for service of lodged documents

(1)A document lodged in relation to proceedings in the warden’s court must specify a residential or business address for service.

(2)If the party lodging the document is represented by a lawyer, the address for service must be the principal place of business of the lawyer.

(3)The address for service specified in a document is to be taken to be the party’s address for service under this Part until —

(a)if the document specifies the address of a lawyer under subregulation (2), the lawyer lodges a notice —

(i)stating that the lawyer no longer acts for the party; and

(ii)specifying the party’s new address for service if it is known to the lawyer;

or

(b)a notice of change of address is lodged by the party.

(4)If a party’s address for service under this regulation changes after the lodgment of a document in relation to proceedings, the party must lodge and serve a notice of change of address as soon as practicable after the change occurs.

[Regulation 127B inserted: Gazette 9 Nov 2012 p. 5407; amended: SL 2020/119 r. 4.]

127CA.Ordinary service

(1)In order to serve a document by ordinary service, a person must —

(a)deliver the document, or send it by pre‑paid post —

(i)if an address has been provided under regulation 127B(1), to that address; or

(ii)if an address has not been provided under regulation 127B(1), to the person’s usual or last known place of residence or principal or last known place of business, as the case may be;

or

(b)if an electronic address has been provided under regulation 127CB serve the document in accordance with regulation 127CC; or

(c)serve the document as directed by the warden.

(2)This regulation does not prevent a person from consenting to being served in a manner other than in accordance with this Part.

[Regulation 127CA inserted: Gazette 9 Nov 2012 p. 5408.]

127CB.Electronic addresses for service

(1)For the purposes of enabling the service by fax of documents that under this Part are required to be served, a person may, in addition to providing an address for service under regulation 127B(1), provide a fax number operating at that address.

(2)For the purposes of enabling the service by email of documents that under this Part are required to be served, a person may, in addition to providing an address for service under regulation 127B(1), provide an email address operating at that address.

(3)If a lawyer practises in a business with one or more other lawyers or people —

(a)any fax number provided under subregulation (1) must be the fax number of the business and not that of the lawyer personally; and

(b)any email address provided under subregulation (2) must be the email address of the business and not that of the lawyer personally.

(4)A person who under this regulation provides an email address or a fax number is to be taken to consent to being served with documents by fax at that fax number, or as an attachment to an email sent to that email address, as the case may be.

(5)If a party’s fax number or email address provided under this regulation changes, the party must lodge with the warden and serve a notice of change of address as soon as practicable after the change occurs.

[Regulation 127CB inserted: Gazette 9 Nov 2012 p. 5408-9.]

127CC.Service electronically

(1)If under this Part a party is required to serve a document, then, unless the contrary intention appears, the party may serve the document —

(a)if the party to be served has provided a fax number under regulation 127CB(1), by sending the document by fax to that number; or

(b)if the party to be served has provided an email address under regulation 127CB(2), by sending the document as an attachment to an email sent to that address.

(2)A document that is served by fax must have a cover page stating —

(a)the sender’s name, residential or business address, telephone number and fax number; and

(b)the number of pages (including the cover page) being sent by fax.

(3)A person that serves a document by fax must —

(a)endorse the first page of the original document with —

(i)a statement that the document is the original of a document sent by fax; and

(ii)the date and time the document was sent by fax;

and

(b)keep the endorsed original document and the fax machine’s report evidencing the successful transmission of the document; and

(c)if directed to do so by the warden, produce the items in paragraph (b) to the warden.

(4)A document that is served by email or fax on a person is to be taken to have been served —

(a)if the whole document is sent before 4.30 p.m. on a working day, on that day;

(b)otherwise, on the next working day.

(5)Subregulation (1), with any necessary changes, applies to the service by the warden of any document on a party.

(6)This regulation does not prevent a person from consenting to being served in a manner other than in accordance with this Part.

[Regulation 127CC inserted: Gazette 9 Nov 2012 p. 5409-10; amended: SL 2020/119 r. 5.]

127C.Documents served by bailiff

(1)If a document is served by a bailiff on behalf of a party to proceedings in the warden’s court, the bailiff shall, as soon as practicable after the service but in any event not less than 7 days before the hearing of the plaint, give a certificate in writing of the service to the party.

(2)The certificate is admissible as evidence and, in the absence of proof to the contrary, is proof that the document was served by the bailiff.

[Regulation 127C inserted: Gazette 9 Mar 2007 p. 878.]

127D.Documents served by other persons

(1)If a document is served by a party to proceedings in the warden’s court, or on behalf of a party by a person other than a bailiff, the party shall lodge an affidavit of service completed by the person who served the document.

(2)The affidavit of service shall be in the form of Form 35.

[Regulation 127D inserted: Gazette 9 Mar 2007 p. 878; amended: Gazette 15 Jan 2010 p. 115; 18 Mar 2011 p. 925.]

127E.Substituted service

(1)If for any reason it is impractical to serve a document in the manner set out in this Part, the warden’s court may, on an application in the form of Form 36A by the person required to serve that document, order that, instead of using such a manner, such steps be taken as are specified in the order for the purpose of bringing the document to the notice of the person to be served with or given the document.

(2)If the warden’s court makes an order under subregulation (1), the court may order that the document is to be taken to have been served or given on the happening of any specified event, or on the expiry of any specified time.

[Regulation 127E inserted: Gazette 9 Mar 2007 p. 878; amended: Gazette 15 Jan 2010 p. 115.]

127F.Content of affidavit

(1)Except as provided in subregulation (2), an affidavit lodged in proceedings in the warden’s court shall be confined to facts to which the person making the affidavit is able to depose from his or her own knowledge.

(2)An affidavit may contain statements based on information received by the person making the affidavit, and believed by that person to be true, if the affidavit also contains —

(a)the sources of the information; and

(b)the grounds for believing that the information is true.

(3)Any addition, alteration or erasure in an affidavit shall be initialled by the person making the affidavit and the person before whom the affidavit was sworn or affirmed.

[Regulation 127F inserted: Gazette 9 Mar 2007 p. 879.]

127G.Prescribed form of copy of evidence (Act s. 137(4))

For the purposes of section 137(4), a written transcript is prescribed as the form in which a copy of evidence may be obtained by a person.

[Regulation 127G inserted: Gazette 9 Mar 2007 p. 879.]

128.Costs

(1)Where the warden’s court orders costs to be paid by any party, those costs shall be in accordance with the legal costs determination in force under the Legal Profession Act 2008 that applies to the civil jurisdiction of the Magistrates Court.

[(2)deleted]

(3)In any special case where, by reason of the amount involved, or the importance of the matters in issue, or of the complexity of the law, of the issues or of the facts or for some other special reason, the warden considers that the costs to be paid under subregulation (1) are inadequate in that regard, the warden may, upon application (to which the party against whom the order is sought is entitled to be heard in reply) fix —

(i)a special counsel fee, on brief, not exceeding $500.00; and

(ii)where applicable a refresher fee commensurate with the counsel fee, on brief.

[Regulation 128 amended: Gazette 9 Mar 2007 p. 879‑80; 15 Jan 2010 p. 115.]

129.Copy of judgment

(1)When the decision of any plaint has been delivered by the warden’s court, a judgment in the form of Form 38 may be signed by the warden or mining registrar and lodged in the court.

(2)A copy of the judgment shall, on payment of the prescribed fee, be delivered to any person applying for it.

[Regulation 129 amended: Gazette 9 Mar 2007 p. 880; 15 Jan 2010 p. 116.]

[130‑134.Deleted: Gazette 9 Mar 2007 p. 880.]

135.Appeal to Supreme Court (Act s. 147)

An appeal pursuant to section 147 of the Act shall be made in the form of Form 42.

[Regulation 135 amended: Gazette 15 Jan 2010 p. 116.]

136.Injunction

An order of the warden’s court for an injunction shall be in the form of Form 43.

[Regulation 136 amended: Gazette 15 Jan 2010 p. 116.]

Part VIII  Proceedings before warden under Part IV of the Act

[Heading inserted: Gazette 9 Mar 2007 p. 880.]

Division 1 — General

[Heading inserted: Gazette 9 Mar 2007 p. 880.]

137.Terms used

(1)In this Part, unless the contrary intention appears —

agent means a person acting for a party under regulation 168A(1)(c) or (2)(c);

determination means a decision, order or recommendation;

hearing means —

(a)a mention hearing; or

(b)the hearing of an interlocutory application; or

(c)the substantive hearing of proceedings;

mention hearing means a mention hearing under regulation 138(1) or (2)(c);

objection means an objection under Part IV of the Act;

officer, in relation to a body corporate, has the same meaning as that term has in relation to a corporation in the Corporations Act section 9;

party means a party to proceedings;

proceedings —

(a)when used in Division 2, means proceedings in respect of an application under section 96(1)(b) or 98; and

(b)when used in Division 3, means proceedings relating to an application under Part IV in relation to which an objection has been lodged; and

(c)otherwise means proceedings under this Part.

(2)For the purposes of this Part, proceedings are taken to have commenced when —

(a)an application under section 96(1)(b) or 98; or

(b)an objection,

has been lodged.

[Regulation 137 inserted: Gazette 9 Mar 2007 p. 880‑1; amended: Gazette 18 Mar 2011 p. 921; SL 2020/119 r. 6.]

138A.Lodging proceedings documents through Department’s website

(1)Subject to the requirements of the Department’s website and this regulation, a person may lodge electronically a document in relation to proceedings before the warden by lodging an electronic version of it by means of the Department’s website.

(2)If a document is or must be signed by a person who is not, or who is not acting on behalf of, the person lodging it, the document cannot be lodged electronically unless it is an affidavit.

(3)If a document is in a form that, before it is lodged, is required to be signed by or on behalf of the person lodging it and the document is being lodged electronically —

(a)the document need not be signed by that person; and

(b)the person lodging the document electronically must ensure that the electronic version of the document, instead of showing a signature at any place where a signature is required, states the name of the person whose signature is required at the place.

(4)A person who lodges an affidavit electronically must either lodge an electronic version of it that includes the signatures on it or —

(a)lodge an electronic version of it that does not include the signatures on it; and

(b)ensure that the electronic version, instead of showing a signature at any place where a signature appears in the paper version, states the name of the person whose signature it is; and

(c)also lodge an undertaking that the person —

(i)has possession of the paper version signed according to law; and

(ii)will retain the paper version subject to any order of the warden.

(5)A document that is lodged electronically after 4.30 p.m. on a working day and before 8.30 a.m. on the next working day is to be taken to have been lodged at 8.30 a.m. on that next working day.

(6)If a document is sent electronically to the Department but not in accordance with the requirements of the Department’s website and this regulation —

(a)the document is to be taken not to have been lodged; and

(b)the mining registrar must notify the person who sent it of the fact.

(7)A person who lodges a document electronically must have the paper version of the document with him or her at any hearing of the relevant proceedings.

(8)The warden may, at any time, order a person who has lodged a document electronically to lodge the paper version of the document.

(9)This regulation does not affect, and is not affected by, regulation 59B.

[Regulation 138A inserted: Gazette 18 Mar 2011 p. 921‑2.]

138.Mention hearing

(1)When proceedings are commenced the mining registrar shall —

(a)fix a date and time for a mention hearing before the warden being not less than 45 days from the date of lodgment, unless all parties to the proceedings consent to an earlier mention hearing date; and

(b)advise the parties of the mention hearing date; and

(c)in the case of an application for forfeiture — cause copies of the application to be returned to the applicant for service on —

(i)each respondent; and

(ii)any mortgagee of a mining tenement to which the application relates.

(2)At a mention hearing the warden may —

(a)issue directions to the parties; or

(b)set a date for the substantive hearing of the proceedings; or

(c)adjourn the proceedings to another mention hearing.

[Regulation 138 inserted: Gazette 9 Mar 2007 p. 881‑2.]

139.Default determination

(1)Except as provided in the Act, if a party does not comply with a requirement of this Part, a summons or an interlocutory order or direction of the warden, the warden may —

(a)order the party to pay the costs occasioned by the noncompliance irrespective of the final determination of the proceedings; or

(b)determine the proceedings without a substantive hearing.

(2)An order under subregulation (1)(a) may direct that costs be paid forthwith.

[Regulation 139 inserted: Gazette 9 Mar 2007 p. 882; amended: Gazette 9 Nov 2012 p. 5411.]

Division 2Applications under section 96(1)(b) and 98

[Heading inserted: Gazette 9 Mar 2007 p. 883.]

140.Making an application

(1)An application under section 96(1)(b) or 98 shall be in the form of Form 35A.

(2)Every application shall be —

(a)signed by the applicant or a lawyer or other person authorised by the applicant; and

(b)lodged with the prescribed fees.

(3)The applicant shall serve copies of the application returned after lodgment under regulation 138(1)(c).

(4)An application shall not be withdrawn or proceedings stayed after the application has been served without the written consent of the respondent or by leave of the warden.

[Regulation 140 inserted: Gazette 9 Mar 2007 p. 883; amended: Gazette 15 Jan 2010 p. 116; 18 Mar 2011 p. 922.]

141.Response

(1)When the respondent intends to dispute an application lodged under regulation 140, the respondent shall, within 14 days after the service of the application, lodge a response in the form of Form 36.

(2)Every response shall be —

(a)signed by the respondent or a lawyer or other person authorised by the respondent; and

(b)lodged with the prescribed fees.

(3)The respondent must serve a copy of the response on the applicant.

[Regulation 141 inserted: Gazette 9 Mar 2007 p. 883; amended: Gazette 15 Jan 2010 p. 117; 18 Mar 2011 p. 922; 9 Nov 2012 p. 5411.]

142.Settlement, admission and discontinuance

(1)The parties may settle proceedings or consent to any other order or direction by lodging a written memorandum to that effect, signed by each party.

(2)If a party wants to admit a particular fact alleged in —

(a)an application or response; or

(b)particulars under regulation 144; or

(c)an invitation to admit under subregulation (3),

the party shall lodge and serve a written notice of admission.

(3)If a party wants to invite another party to admit a particular alleged fact the party shall lodge and serve a written invitation to admit at least 14 days before the substantive hearing of the proceedings.

(4)If —

(a)a party does not admit a fact when invited to do so; and

(b)the warden subsequently finds the fact to be proven,

the warden may award the costs of proving that fact against the party.

(5)An order under subregulation (4) may direct that costs be paid forthwith.

(6)If an applicant wants to withdraw an application, the applicant shall lodge and serve on each respondent, and any mortgagee of a mining tenement to which the application relates, a written notice of withdrawal before the application has been served.

[Regulation 142 inserted: Gazette 9 Mar 2007 p. 884.]

143.Joinder

A warden may, at any time during proceedings, make an order that a person be joined as a party if the warden is satisfied that the person has a sufficient interest in the outcome of the proceedings.

[Regulation 143 inserted: Gazette 9 Mar 2007 p. 885.]

144.Particulars

(1)A person lodging and serving an application under regulation 140 or a response under regulation 141 shall lodge and serve a written statement of particulars of the application or response —

(a)at the same time as the person lodges and serves the application or response; or

(b)as directed by the warden at a mention hearing.

(2)The statement of particulars shall contain —

(a)a summary of the facts relevant to the application or response; and

(b)the legal basis of the application or response; and

(c)the basic contentions of the person making the application or response; and

(d)a list of any documents that the applicant or respondent might tender in evidence at the substantive hearing of the proceedings.

(3)The warden at a mention hearing may order that a party shall provide further particulars of an application or response in addition to those provided under subregulation (1).

[Regulation 144 inserted: Gazette 9 Mar 2007 p. 885.]

145.Disclosure of documents by applicant

(1)The warden may, at any time during proceedings, order that an applicant shall provide additional information by disclosing documents relevant to the proceedings.

(2)For the purposes of subregulation (1) the Magistrates Court (Civil Proceedings) Rules 2005 Part 7 applies so that —

(a)a reference to an order under section 16(1)(n) is to be read as a reference to an order under subregulation (1); and

(b)a reference to a party ordered to provide additional information by disclosing documents is a reference to an applicant who is subject to an order under subregulation (1); and

(c)a reference to the Court is to be read as a reference to the warden; and

(d)a reference to a case is to be read as a reference to proceedings under this Division; and

(e)a reference to the trial is to be read as a reference to a substantive hearing of the proceedings.

(3)An order under subregulation (1) cannot be made against a respondent.

[Regulation 145 inserted: Gazette 9 Mar 2007 p. 886.]

Division 3Objections under the Act Part IV

[Heading inserted: Gazette 9 Mar 2007 p. 886.]

146.Making an objection

(1)An objection shall be in the form of Form 16.

(2)An objection shall be made within —

(a)where the application being objected to is for a mining tenement relating to private land —

(i)21 days of the day on which the person was served with a copy of notice required to be given under section 33(1); or

(ii)35 days after the day on which the application is lodged,

whichever period ends later; or

[(aa)deleted]

(b)in any other case — 35 days after the day the application being objected to is lodged,

or such further period as the warden considers reasonable.

(3)The objector shall serve a copy of the objection on the applicant as soon as practicable after the objection is made.

[Regulation 146 inserted: Gazette 9 Mar 2007 p. 886‑7; amended: Gazette 15 Jan 2010 p. 117; SL 2020/108 r. 7.]

147.Procedure when objection heard together with proceedings under Division 2

When proceedings for an objection are heard together with proceedings under Division 2 then, even if the proceedings are not joined, regulations 144 and 145 apply so that —

(a)a reference to a response under regulation 141 is to be read as a reference to an objection; and

(b)a reference to a respondent is a reference to the person making the objection; and

(c)a reference to a party includes the person making the objection; and

(d)a reference to proceedings includes the proceedings relating to the objection.

[Regulation 147 inserted: Gazette 9 Mar 2007 p. 887.]

Division 4Service

[Heading inserted: Gazette 9 Mar 2007 p. 888.]

148.Requirements for service

If under this Part a party is required to serve a document —

(a)the party shall serve a copy of the document returned after lodgment; and

(b)unless these regulations provide otherwise or the warden otherwise directs, the party must serve the document —

(i)on each other party within 14 days after the document is lodged; and

(ii)by ordinary service in accordance with regulation 150AA.

[Regulation 148 inserted: Gazette 9 Mar 2007 p. 888; amended: Gazette 9 Nov 2012 p. 5411.]

149.Address for service of lodged documents

(1)A document lodged in relation to proceedings must specify a residential or business address for service.

(2)If the party lodging the document is represented by a lawyer, the address for service must be the principal place of business of the lawyer.

(3)The address for service specified in the document is to be taken to be the party’s address for service under this Part until —

(a)if the document specifies the address of a lawyer under subregulation (2), the lawyer lodges a notice —

(i)stating that the lawyer no longer acts for the party; and

(ii)specifying the party’s new address for service if it is known to the lawyer;

or

(b)a notice of change of address is lodged by the party.

(4)If a party’s address for service under this regulation changes after the lodgment of documents in relation to proceedings, the party must lodge and serve a notice of change of address as soon as practicable after the change occurs.

[Regulation 149 inserted: Gazette 9 Nov 2012 p. 5412; amended: SL 2020/119 r. 7.]

150AA.Ordinary service

(1)In order to serve a document by ordinary service, a person must —

(a)deliver the document, or send it by pre‑paid post —

(i)if an address has been provided under regulation 149(1), to that address; or

(ii)if an address has not been provided under regulation 149(1), to the person’s usual or last known place of residence or principal or last known place of business, as the case may be;

or

(b)if an electronic address has been provided under regulation 150A, serve the document in accordance with regulation 150B; or

(c)serve the document as directed by the warden.

(2)This regulation does not prevent a person from consenting to being served in a manner other than in accordance with this Part.

[Regulation 150AA inserted: Gazette 9 Nov 2012 p. 5413.]

150AB.Personal service

(1)In order to serve a document on an individual personally, a person must —

(a)hand the document to the individual or, if the individual is a person under a legal disability, to the individual’s parent, guardian or litigation guardian; or

(b)if the individual or the individual’s parent, guardian or litigation guardian, as the case may be, does not accept the document, put the document down in his or her presence and advise him or her of the nature of the document; or

(c)hand the document to a person who is authorised in writing to receive documents on behalf of the individual; or

(d)hand the document to someone at the individual’s principal or last known place of residence or business who is believed, on reasonable grounds, to have reached 18 years of age; or

(e)hand the document to a lawyer who is acting for the individual.

(2)In order to serve a document on a body corporate personally, a person must hand the document to —

(a)a person who, on reasonable grounds, is believed to be a director of the body corporate who resides in Australia; or

(b)a lawyer who is acting for the body corporate.

(3)In order to serve a document on a public authority personally, a person must —

(a)hand the document to a person who, on reasonable grounds, is believed to be —

(i)the chief executive officer of the public authority; or

(ii)authorised to receive documents on behalf of the chief executive officer of the public authority;

or

(b)hand the document to a lawyer who is acting for the public authority.

[Regulation 150AB inserted: Gazette 9 Nov 2012 p. 5413-14.]

150AC.Warden may dispense with personal service

The warden may make an order dispensing with a requirement in this Part for a person to serve a document personally.

[Regulation 150AC inserted: Gazette 9 Nov 2012 p. 5415.]

150A.Electronic addresses for service

(1)For the purposes of enabling the service by fax of documents that under this Part are required to be served a person may, in addition to providing an address for service under regulation 149, provide a fax number operating at that address.

(2)For the purposes of enabling the service by email of documents that under this Part are required to be served a person may, in addition to providing an address for service under regulation 149, provide an email address operating at that address.

(3)If a lawyer practises in a business with one or more other lawyers or people —

(a)any fax number provided under subregulation (1) must be the fax number of the business and not that of the lawyer personally; and

(b)any email address provided under subregulation (2) must be the email address of the business and not that of the lawyer personally.

(4)A person who under this regulation provides an email address or a fax number is to be taken to consent to being served with documents by fax at that fax number, or as an attachment to an email sent to that email address, as the case may be.

(5)If a party’s fax number or email address provided under this regulation changes, the party must lodge with the warden and serve a notice of change of address as soon as practicable after the change occurs.

[Regulation 150A inserted: Gazette 18 Mar 2011 p. 923.]

150B.Service electronically

(1)If under this Part a party is required to serve a document, then, unless the contrary intention appears, the party may serve the document —

(a)if the party to be served has provided a fax number under regulation 150A(1), by sending the document by fax to that number; or

(b)if the party to be served has provided an email address under regulation 150A(2), by sending the document as an attachment to an email sent to that address.

(2)A document cannot be served by email under subregulation (1) if under regulation 138A(2) it cannot be lodged electronically.

(3)A document that is served by fax must have a cover page stating —

(a)the sender’s name, residential or business address, telephone number and fax number; and

(b)the number of pages (including the cover page) being sent by fax.

(4)A person that serves a document by fax must —

(a)endorse the first page of the original document with —

(i)a statement that the document is the original of a document sent by fax; and

(ii)the date and time the document was sent by fax;

and

(b)keep the endorsed original document and the fax machine’s report evidencing the successful transmission of the document; and

(c)if directed to do so by the warden, produce the items in paragraph (b) to the warden.

(5)Regulation 138A(3) and (4)(a) and (b), with any necessary changes, apply to a document being served by email in the same way as they apply to a document being lodged electronically.

(6)A document that is served by email or fax on a person is to be taken to have been served —

(a)if the whole document is sent before 4.30 p.m. on a working day, on that day;

(b)otherwise, on the next working day.

(7)Subregulation (1), with any necessary changes, applies to the service by the warden of any document on a party.

(8)This regulation does not prevent a person from consenting to being served in a manner other than in accordance with this Part.

[Regulation 150B inserted: Gazette 18 Mar 2011 p. 923‑4; amended: SL 2020/119 r. 8.]

150.Documents served by other persons

(1)If a document is served by a party to proceedings before the warden, or on behalf of a party by another person, the party shall lodge an affidavit of service completed by the person who served the document.

(2)The affidavit of service shall be in the form of Form 35.

(3)If the document is served by a bailiff of the warden’s court, any written certificate of service of the bailiff lodged by the party —

(a)is to be taken to be an affidavit of service for the purposes of this regulation; and

(b)is admissible as evidence and, in the absence of proof to the contrary, is proof that the document was served by the bailiff.

[Regulation 150 inserted: Gazette 9 Mar 2007 p. 888; amended: Gazette 15 Jan 2010 p. 117; 18 Mar 2011 p. 925.]

151.Substituted service

(1)If for any reason it is impractical to serve a document in the manner set out in this Division, the warden may, on an application in the form of Form 36A by the person required to serve that document, order that, instead of using such a manner, such steps be taken as are specified in the order for the purpose of bringing the document to the notice of the person to be served with or given the document.

(2)If the warden makes an order under subregulation (1), the warden may order that the document is to be taken to have been served or given on the happening of any specified event, or on the expiry of any specified time.

[Regulation 151 inserted: Gazette 9 Mar 2007 p. 889; amended: Gazette 15 Jan 2010 p. 117.]

Division 5Interlocutory orders and directions by the warden

[Heading inserted: Gazette 9 Mar 2007 p. 889.]

152.General powers of the warden in relation to interlocutory orders and directions

(1)In addition to any other power of the warden to make an interlocutory order or give a direction in this Part, a warden may, at any stage of proceedings, do all or any of the following for the purposes of controlling and managing the proceedings —

(a)make an order that proceedings be heard and determined at another place if —

(i)the warden is satisfied that the proceedings could more conveniently or fairly be heard and determined at the other place; or

(ii)the parties consent to the proceedings being heard and determined at the other place;

(b)extend the time for complying with any regulation in this Part or any order made by the warden (even if the time for complying has expired), or shorten it;

(c)adjourn or bring forward a hearing to a specified date;

(d)stay any proceedings, either generally or until a specified date;

(e)consolidate proceedings;

(f)hear 2 or more proceedings on the same occasion;

(g)hold a hearing by audio link or video link (as those terms are defined in the Evidence Act 1906 section 120);

(h)allow a party to amend its application, objection, response or particulars under regulation 144;

(i)dispense with any interlocutory proceedings;

(j)as to the hearing of any interlocutory application —

(i)direct the parties to confer in order to identify the issues between them and resolve as many as possible before the hearing and to identify the issues to be heard; and

(ii)direct the parties to file and exchange memoranda before the hearing in order to identify the issues to be heard;

(k)expedite the listing of proceedings for a substantive hearing if the warden is of the opinion that a party has frivolously or vexatiously instituted or defended proceedings or that the party’s case otherwise has no merit;

(l)do anything else that in the warden’s opinion will or may facilitate proceedings being conducted and concluded efficiently, economically and expeditiously.

(2)Without limiting subregulation (1), for the purposes of the substantive hearing of proceedings or the hearing of an interlocutory application a warden may do all or any of the following —

(a)direct the mining registrar to issue a witness summons referred to in regulation 157, whether on behalf of a party or on the warden’s own motion;

(b)inspect any document produced at the hearing, and retain it for such reasonable period as is required, and make copies of the document or any of its contents;

(c)require any person to swear or affirm to answer truly any relevant question put to that person by the warden or any person attending the hearing.

(3)A power of the warden to make an interlocutory order or give a direction includes a power to vary or cancel the order or direction.

[Regulation 152 inserted: Gazette 9 Mar 2007 p. 889‑91.]

153.Applications for interlocutory orders or directions

(1)A party may make an application for an order or direction of the warden by lodging and serving it in the form of Form 36A.

(2)The application shall be supported by an affidavit that is lodged and served together with the application.

(3)On receipt of the application, the warden must fix a date and time for the hearing of the application.

[Regulation 153 inserted: Gazette 9 Mar 2007 p. 891; amended: Gazette 15 Jan 2010 p. 118; 9 Nov 2012 p. 5415.]

Division 6Conduct of hearings

[Heading inserted: Gazette 9 Mar 2007 p. 892.]

154.Conduct of hearings generally

(1)In conducting any hearing the warden —

(a)is to act with as little formality as possible; and

(b)is bound by the rules of natural justice; and

(c)is not bound by the rules of evidence; and

(d)may inform himself or herself of any matter in any manner he or she considers appropriate.

(2)Subject to subregulation (3), a hearing is to be conducted in public.

(3)If the warden is satisfied that it is desirable to do so by reason of the confidential nature of any evidence or matter or for any other reason, the warden may direct that the hearing be conducted wholly or partly in private.

(4)If the warden gives a direction under subregulation (3) the warden may give directions as to the persons who may be present at the hearing.

(5)Irrespective of whether the warden gives a direction under subregulation (3), the warden may order that —

(a)any evidence given before the warden; or

(b)the content of any documents produced to the warden,

during any part of the hearing is not to be published except in the manner and to the persons specified by the warden.

[Regulation 154 inserted: Gazette 9 Mar 2007 p. 892.]

155.Attendance at mention hearings and interlocutory hearings

(1)A party must attend a mention hearing or the hearing of an interlocutory application —

(a)through a lawyer or agent; or

(b)if the warden so orders — in person.

(2)Despite subregulation (1), a warden may conduct a mention hearing or the hearing of an interlocutory application in the absence of a party, including any lawyer or agent of the party —

(a)on an application under subregulation (3); or

(b)otherwise, if the warden thinks fit.

(3)If it is impracticable, by reason of distance, illness or otherwise, for a party to attend a mention hearing or an interlocutory hearing, either through a lawyer or agent or in person, the party may apply in writing to the warden for the hearing to be conducted in the absence of the party.

(4)An application under subregulation (3) shall be —

(a)lodged at least 7 days before the day of the hearing; and

(b)accompanied by written submissions that are sufficient to enable the hearing to be conducted in the absence of the party.

[Regulation 155 inserted: Gazette 9 Mar 2007 p. 893.]

156.Attendance at substantive hearings of proceedings

(1)Unless the warden orders otherwise, a party shall attend the substantive hearing of proceedings in person, regardless of whether the party’s lawyer or agent is also present.

(2)If a party is a body corporate, the body corporate is taken to attend for the purposes of subregulation (1) if any of the following attend on behalf of the body corporate —

(a)an officer of the body corporate;

(b)an employee of the body corporate who has written authority from an officer of the body corporate to attend the hearing.

[Regulation 156 inserted: Gazette 9 Mar 2007 p. 893‑4; amended: SL 2020/119 r. 9.]

Division 7Evidence

[Heading inserted: Gazette 9 Mar 2007 p. 894.]

157.Summons of witness

(1)Each party that seeks to procure the attendance of a witness to give evidence or produce documents may do so by means of a witness summons issued by the mining registrar in the form of Form 37 and served personally on the witness.

(2)For the purposes of subregulation (1), a witness summons is served personally on a witness if it is served in accordance with regulation 150AB(1).

(3)A witness who attends in answer to a summons shall be entitled to —

(a)an amount that is likely to be sufficient to meet the reasonable expenses of attending before the warden; or

(b)arrangements to enable the witness to attend before the warden; or

(c)the means to enable the witness to attend before the warden.

(4)A witness is not required to attend unless at the time of the service of the summons subregulation (3) has been complied with.

(5)The warden may set aside a witness summons issued under subregulation (1) if the warden is satisfied that —

(a)the witness does not have any evidence to give or any document to produce that is relevant to the hearing; or

(b)the witness cannot be lawfully compelled to give any evidence or produce any document at the hearing; or

(c)there are reasonable grounds for doing so.

[Regulation 157 inserted: Gazette 9 Mar 2007 p. 894‑5; amended: Gazette 15 Jan 2010 p. 118; 9 Nov 2012 p. 5415.]

158.Time for service of summonses

(1)A witness summons shall be served not less than 30 days before the date fixed for the relevant hearing.

(2)Where a witness summons has not been served within the prescribed time, the party seeking to rely on the witness summons may apply in writing to the warden to fix a new date for the hearing and issue an amended witness summons.

(3)On an application under subregulation (2), the warden may fix a new date for the hearing and issue an amended witness summons.

[Regulation 158 inserted: Gazette 9 Mar 2007 p. 895; amended: Gazette 9 Nov 2012 p. 5416.]

159.Content of affidavit

(1)Except as provided in subregulation (2), an affidavit lodged in proceedings before the warden shall be confined to facts to which the person making the affidavit is able to depose from his or her own knowledge.

(2)An affidavit may contain statements based on information received by the person making the affidavit, and believed by that person to be true, if the affidavit also contains —

(a)the sources of the information; and

(b)the grounds for believing that the information is true.

(3)Any addition, alteration or erasure in an affidavit shall be initialled by the person making the affidavit and the person before whom the affidavit was sworn or affirmed.

[Regulation 159 inserted: Gazette 9 Mar 2007 p. 895‑6.]

160.Production of documents before hearing

(1)Where a witness summons requires a person to produce documents, but does not require the person to give evidence, at a hearing the person may, instead of producing the documents at the hearing, lodge them, together with a list of the documents, at least 7 days before the first day of the hearing.

(2)When documents are lodged together with a list of the documents under subregulation (1), the mining registrar shall endorse on the list that the mining registrar has received all of the documents specified on the list and return a copy of the endorsed list to the person lodging the documents.

(3)The mining registrar may, in accordance with any directions of the warden, permit a party to inspect documents lodged by another party under subregulation (1).

[Regulation 160 inserted: Gazette 9 Mar 2007 p. 896; amended: Gazette 18 Mar 2011 p. 924.]

161.Directions for expert witnesses

(1)A party shall not adduce expert evidence at a hearing except in accordance with directions given by the warden.

(2)If the warden directs a party to lodge and serve a statement of an expert witness, the statement shall set out, or be accompanied by a document setting out —

(a)the full name of the expert; and

(b)details of the expert’s qualifications to give the evidence; and

(c)to the extent practicable, details of any material on which the expert has relied in reaching his or her opinion.

[Regulation 161 inserted: Gazette 9 Mar 2007 p. 897.]

162.Party may adduce affidavit evidence

(1)A party may, if the another party does not object, adduce the evidence of a witness at a hearing by tendering an affidavit of the witness.

(2)A party wishing to adduce affidavit evidence under subregulation (1) shall lodge and serve the affidavit at least 14 days before the first day of the hearing.

(3)The affidavit may be tendered in the absence of the deponent unless an objection is lodged under subregulation (4).

(4)A party served with a copy of the affidavit may, within 7 days after that service, lodge a written objection to the affidavit being tendered in the absence of the deponent.

[Regulation 162 inserted: Gazette 9 Mar 2007 p. 897.]

163.Records of evidence

(1)A warden shall ensure that evidence given in proceedings is recorded electronically or by written transcript.

(2)Any party to any proceedings in which the evidence of a witness in which evidence has been recorded in accordance with this regulation is entitled to obtain a copy of that evidence in the form of a written transcript upon payment of the fee set out in Schedule 2.

(3)Each determination of a warden, and the reasons for the determination, shall be reduced to writing, and signed by the warden, and shall be recorded in a register kept for the purpose.

(4)Any person may obtain a copy of the determination referred to in subregulation (3) upon payment of the fee prescribed in Schedule 2.

[Regulation 163 inserted: Gazette 9 Mar 2007 p. 898; amended: Gazette 15 Jan 2010 p. 136.]

164.Return of documents and other things after hearing

(1)If a thing tendered at a hearing is retained by the warden without being received into evidence, a person who was lawfully entitled to the possession of the thing before it was tendered is not entitled to the return of that thing until the publication of the warden’s determination.

(2)If a thing is received into evidence at a hearing, a person who was lawfully entitled to the possession of the thing before it was received is not entitled to the return of that thing —

(a)if no appeal against a determination of the warden is made, until 21 days after the day on which the determination is given; or

(b)if an appeal against the determination of the warden is lodged, until the appeal has been dealt with.

(3)The mining registrar shall give written notice to a person of the person’s entitlement to the return of a thing under subregulation (1) or (2).

(4)The notice shall be given as soon as practicable after the entitlement arises.

(5)If the person does not take possession of the thing within 30 days after the person receives the notice, the mining registrar may dispose of the thing as the mining registrar thinks fit.

(6)A document produced at a hearing but not tendered as an exhibit shall, in accordance with the directions of the warden, be returned to the party that produced the document.

[Regulation 164 inserted: Gazette 9 Mar 2007 p. 898‑9; amended: Gazette 9 Nov 2012 p. 5416-17.]

Division 8Costs

[Heading inserted: Gazette 9 Mar 2007 p. 899.]

165.Costs

(1)Except as ordered under this regulation, regulation 139 or 142, each party is to bear the party’s own costs.

(2)In addition to the power to award costs under regulations 139 and 142, a warden hearing and determining proceedings under Division 2, including interlocutory applications related to those proceedings, may make an order for a party’s costs to be paid by another party.

(3)One order under subregulation (2) may be made in relation to 2 or more proceedings heard and determined on the same occasion under Division 2 even if those proceedings are not joined.

(4)Subject to subregulation (6) and in addition to the power to award costs under regulation 139, a warden hearing and determining proceedings under Division 3 may make an order for costs against a party if the warden is satisfied that the party —

(a)frivolously or vexatiously commenced or defended the proceedings, or any step in the proceedings; or

(b)otherwise occasioned undue delay in the proceedings.

(5)One order under subregulation (4) may be made in relation to 2 or more proceedings heard and determined on the same occasion under Division 3 even if those proceedings are not joined.

(6)If a warden makes an order for the payment of costs, those costs shall be in accordance with the scale of costs set out in Schedule 4.

(7)The Magistrates Court (Civil Proceedings) Rules 2005 Part 15 Division 1 apply in relation to proceedings with the necessary modifications and, in particular, references in those rules —

(a)to a case are to be read as references to proceedings under this Division; and

(b)to the court are to be read as references to the warden; and

(c)to the registrar are to be read as references to the mining registrar; and

(d)to a judgment are to be read as references to a determination of the warden under this Division; and

(e)to an approved form are to be read as references to a written form; and

(f)to court and bailiff fees are to be read as references to fees prescribed in Schedule 2 item 22.

[Regulation 165 inserted: Gazette 9 Mar 2007 p. 899‑901; amended: Gazette 15 Jan 2010 p. 136; 24 Jun 2011 p. 2511‑12.]

166.Warden’s review of decisions of mining registrar

(1)A person dissatisfied by an assessment of costs made by a mining registrar may apply to the warden for a review of the assessment.

(2)The application must be made within 21 days after the date of the mining registrar’s assessment and be conducted as if it were an interlocutory application under this Part.

(3)On a review the warden may —

(a)affirm the mining registrar’s assessment; or

(b)vary the mining registrar’s assessment; or

(c)set aside the mining registrar’s assessment and substitute his or her own assessment.

[Regulation 166 inserted: Gazette 9 Mar 2007 p. 901.]

167.Security for costs

(1)A warden may, on application made by a respondent in proceedings under Division 2, order an applicant in the proceedings to give security for costs.

(2)If an order is made under subregulation (1), moneys comprising the security are to be paid to the Director General of Mines who shall hold the money and disburse it in accordance with any order of the warden.

[Regulation 167 inserted: Gazette 9 Mar 2007 p. 901.]

168.Recovery of costs

(1)A person to whom costs are to be paid under a determination of the warden under this Part may enforce it by lodging a certificate of the assessment of the costs given by the mining registrar, and an affidavit stating to what extent it has not been complied with, with a court of competent jurisdiction.

(2)A certificate that is lodged with a court under subregulation (1) shall be taken to be a judgment of that court and may be enforced accordingly.

[Regulation 168 inserted: Gazette 9 Mar 2007 p. 901‑2.]

Division 8A — Representation of parties

[Heading inserted: SL 2020/119 r. 10.]

168A.Representation

(1)A party who is an individual may —

(a)appear in person; or

(b)be represented by a lawyer; or

(c)be represented by a person who is not a lawyer —

(i)at a mention hearing; or

(ii)with the leave of the warden given under regulation 168C — at any other hearing.

(2)A party that is a body corporate may —

(a)be represented by —

(i)one of its officers; or

(ii)one of its employees who has written authority from one of its officers to represent the body corporate;

or

(b)be represented by a lawyer; or

(c)be represented by a person who is not a lawyer —

(i)at a mention hearing; or

(ii)with the leave of the warden given under regulation 168C — at any other hearing.

(3)Subregulations (1)(b) and (c)(i) and (2)(b) and (c)(i) are subject to regulation 168B.

(4)This regulation does not affect the operation of regulation 155 or 156.

[Regulation 168A inserted: SL 2020/119 r. 10.]

168B.Notice of representation

(1)This regulation applies if —

(a)a party is represented by a lawyer; or

(b)a party is represented by an agent at a mention hearing under regulation 168A(1)(c)(i) or (2)(c)(i).

(2)The party must lodge and serve notice of that representation as soon as practicable before the first hearing at which the lawyer or agent will represent the party.

(3)If there is a change in that representation, the party must lodge and serve notice of that change as soon as practicable before the first hearing at which the new lawyer or agent will represent the party.

(4)If a party that has lodged and served a notice under subregulation (2) or (3) is no longer represented by a lawyer or an agent, the party must lodge and serve notice of that fact as soon as practicable before the first hearing at which the party will not be represented by a lawyer or an agent.

(5)A notice under this regulation must be in the form approved by the Director General of Mines.

[Regulation 168B inserted: SL 2020/119 r. 10.]

168C.Leave to be represented by agent

(1)A party may apply to the warden for leave to be represented by an agent at a hearing other than a mention hearing if exceptional circumstances exist.

(2)An application under subregulation (1) must —

(a)be in writing; and

(b)specify the exceptional circumstances that exist; and

(c)specify the agent intended to represent the party; and

(d)be lodged and served by the party at least 14 days before the first hearing at which it is intended the agent will represent the party.

(3)The warden may give a party that makes an application under subregulation (1) leave to be represented by the agent specified in the application if the warden is satisfied that exceptional circumstances exist.

(4)If the warden gives a party leave to be represented by an agent, the party must lodge and serve notice of that representation as soon as practicable before the first hearing at which the agent will represent the party.

(5)If, after the warden gives a party leave to be represented by an agent, there is a change in the agent, the party must obtain the leave of the warden in respect of the new agent and this regulation applies accordingly.

(6)If a party that has been given leave by the warden to be represented by an agent is no longer represented by an agent, the party must lodge and serve notice of that fact as soon as practicable before the first hearing at which the party will not be represented by an agent.

(7)A notice under subregulation (4) or (6) must be in the form approved by the Director General of Mines.

[Regulation 168C inserted: SL 2020/119 r. 10.]

Division 9Miscellaneous

[Heading inserted: Gazette 9 Mar 2007 p. 902.]

[169.Deleted: SL 2020/119 r. 11.]

170.Warden may act on own initiative

(1)A warden hearing proceedings may exercise his or her powers on the application of a party or on his or her own initiative unless the Act or these regulations or another written law provides otherwise.

(2)A warden may make an order or give a direction on his or her own initiative with or without —

(a)allowing any of the parties to make submissions; or

(b)hearing the parties.

(3)If a warden decides to allow any party to make submissions before making an order on his or her own initiative, the warden shall notify each party likely to be affected by the order of how and when the submissions are to be made.

(4)If the warden decides to hear any party before making an order on his or her own initiative, the warden shall notify each party likely to be affected by the order of the time and place of the hearing.

[Regulation 170 inserted: Gazette 9 Mar 2007 p. 902‑3.]

171.Practice directions

The Chief Magistrate from time to time may issue, amend or cancel practice directions.

[Regulation 171 inserted: Gazette 9 Mar 2007 p. 903.]

172.Application of Act s. 142 and 146

Sections 142 and 146 apply in relation to proceedings and, for that purpose, references in those sections —

(a)to proceedings in the warden’s court are to be taken to include references to proceedings under this Part; and

(b)to the warden’s court are to be taken to include references to the warden.

[Regulation 172 inserted: Gazette 9 Mar 2007 p. 903.]

173.Copy of determination

(1)When a determination of any proceedings has been made by a warden, a determination in the form of Form 38 may be signed by the warden or mining registrar.

(2)A copy of the determination shall, on payment of the prescribed fee, be delivered to any person applying for it.

[Regulation 173 inserted: Gazette 9 Mar 2007 p. 903; amended: Gazette 15 Jan 2010 p. 118.]

174.Offences

A person who —

(a)having been served with a summons to attend before the warden, fails without reasonable excuse to attend in obedience to the summons; or

(b)having been served with a summons to produce before the warden any document, fails without reasonable excuse to comply with the summons; or

(c)misbehaves before the warden, wilfully insults the warden, or wilfully interrupts proceedings before the warden; or

(d)makes, before the warden, a statement that —

(i)the person knows, or ought to know, is false or misleading in a material particular; or

(ii)omits anything without which the statement is, so far as the person knows or ought to know, misleading in a material particular;

or

(e)refuses to comply with a requirement of the warden under regulation 152(2)(c),

commits an offence.

Penalty: a fine of $10 000.

[Regulation 174 inserted: Gazette 9 Mar 2007 p. 903‑4.]

[Schedule of forms deleted 15 Jan 2010 p. 118.]

 

Schedule 1Forms

[r. 2]

[Heading inserted: Gazette 15 Jan 2010 p. 118.]

 

Form 1Crest2

Western Australia

Mining Act 1978

(Sec. 40C Reg. 3)

 

MINER’S RIGHT

 

NOT TRANSFERABLE

Issued to..................................................................

(Name in full)

under the provisions of the Mining Act 1978.

 

Place of Issue ...................................

 

Date of Issue .....................................

................................................... Signature of Issuing Officer
................................................... Name of Issuing Officer

(note reverse)

Reverse of form

NOTE:This miner’s right is issued under section 40C of the Mining Act 1978. It is your responsibility

to ascertain your rights and obligations under that section. Information in respect of those

rights and obligations may be obtained from any office of the Department.

[Form 1 inserted: Gazette 2 Oct 1987 p. 3822; amended: Gazette 15 Jan 2010 p. 119; 9 Nov 2012 p. 5417; 1 Feb 2013 p. 455.]

 

Form 1Miner’s right

 

 

 

 

 

 

 

MINER’S RIGHT

 

To whom Issued .........................................

.....................................................................

 

By whom Issued .........................................

.....................................................................

 

Place of Issue ..............................................

 

Date of Issue ...............................................

Form 1AApplication for permit under section 40E


Form 1A

WESTERN AUSTRALIA

Mining Act 1978

(Sec. 40E Reg. 4D)

 

 

APPLICATION FOR PERMIT UNDER

SECTION 40ENo.

To:The Mining Registrar

 

(a)Full name, address, telephone number and Miner’s Right number of applicant(s) (maximum of 3 applicants)

(a)Applicant 1

Name: ...............................................................................

Address: ............................................................................

...........................................................................................

Telephone No.: .................................................................

Miner’s Right No.: ...........................................................

Applicant 2

Name: ...............................................................................

Address: ............................................................................

...........................................................................................

Telephone No.: .................................................................

Miner’s Right No.: ...........................................................

Applicant 3

Name: ...............................................................................

Address: ............................................................................

...........................................................................................

Telephone No.: .................................................................

Miner’s Right No.: ...........................................................

 

 

 

(b)Number of relevant exploration licence

(b)Exploration Licence No. ...................................................

 

 

(c)Area of Crown land in respect of which permit sought (maximum of 10 blocks)

(c)

 

(d)Full name and address of holder of relevant exploration licence

(d)

 

 

(e)Make, model and registration number of vehicle(s) to be used (including any caravan or trailer)

(e)

 

 

DATED this day of 20

(f)Signature of applicant(s)

(f)..........................................................................................

Applicant 1

..........................................................................................

Applicant 2

..........................................................................................

Applicant 3

 

 

OFFICIAL USE

 

Received at ................................a.m./p.m. on .................................. 20.....

with fee of $ ................................................................................................

....................................................................
Mining Registrar

[Form 1A inserted: Gazette 2 Feb 2001 p. 710‑11; amended: Gazette 15 Jan 2010 p. 119; 9 Nov 2012 p. 5417-18; 1 Feb 2013 p. 455; 22 Dec 2017 p. 5992.]

Form 2Application for permit to enter upon private land


Form 2

WESTERN AUSTRALIA

Mining Act 1978

(Sec. 30 Reg. 5)

 

 

APPLICATION FOR PERMIT TO

ENTER UPON PRIVATE LANDNo.

To:The Warden,

(a)Mineral Field

(a)Mineral Field

The undersigned hereby makes application for a permit to enter upon

(b)Set out particulars of the land, location or Lot numbers, etc. to be stated

(b)

* Map to be attached, as delineated on the *attached map, for the purpose of