Mining Amendment Regulations 2025 00-00-00 Xml

Western Australia

Mining Amendment Regulations 2025

Contents

1.Citation1

2.Commencement1

3.Regulations amended1

4.Regulation 2 amended1

5.Regulation 49 amended2

6.Regulation 50 amended3

7.Regulation 84A inserted3

84A.Terms used3

8.Regulation 84C amended4

9.Regulations 84G and 84H inserted5

84G.Applicant for or holder of tenement to provide service address5

84H.Copies of entries, dealings and other instruments: address details6

10.Part V Division 5B inserted7

Division 5B — Designated tenement contacts

89AA.Designated tenement contacts (DTCs)7

89AB.Prescribed provisions for DTCs (Act s. 17)7

89AC.Requirement for applicant for tenement to have DTC9

89AD.Requirement for holder of tenement to have DTC10

89AE.Emailing information, notice or documents to DTCs12

11.Regulation 89C amended13

12.Regulation 111 amended13

13.Regulation 118A amended14

14.Regulation 120A amended14

15.Regulation 120H amended14

16.Regulation 120L amended14

17.Regulation 120N amended15

18.Part 9 inserted15

Part 9 — Transitional provisions for Mining Amendment Regulations 2025

175.Terms used15

176.Transitional applicants16

177.Transitional holders16

178.Compliance during transition period16

179.Transitional applicants and holders to provide service address17

180.References to registered service address of transitional applicants and holders18

19.Schedule 1 Form 5 amended18

20.Schedule 1 Form 9 amended19

21.Schedule 1 Form 12 amended19

22.Schedule 1 Form 13 amended19

23.Schedule 1 Form 14 amended20

24.Schedule 1 Form 15 amended20

25.Schedule 1 Form 17 amended20

26.Schedule 1 Form 18 amended20

27.Schedule 1 Form 20 amended21

28.Schedule 1 Form 21 replaced21

Form 21Application for mining tenement21

29.Schedule 1 Form 22 amended26

30.Schedule 1 Form 23 replaced26

Form 23Transfer26

31.Schedule 1 Form 28 replaced29

Form 28Devolution29

32.Schedule 1 Form 30 replaced31

Form 30Application to amend31

33.Schedule 1 Form 44 amended34

Mining Act 1978

Mining Amendment Regulations 2025

Made by the deputy of the Governor in Executive Council.

1.Citation

These regulations are the Mining Amendment Regulations 2025.

2.Commencement

These regulations come into operation as follows —

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

(b)the rest of the regulations —

(i)if publication day is before 1 November 2025 — on 1 November 2025; or

(ii)otherwise — on the day after publication day.

3.Regulations amended

These regulations amend the Mining Regulations 1981.

4.Regulation 2 amended

In regulation 2 insert in alphabetical order:

particulars, in relation to a designated tenement contact, means the following details for that designated tenement contact —

(a)name;

(b)email address;

(c)postal address;

registered service address —

(a)of an applicant for a mining tenement — means the service address of the applicant contained in the register in relation to the application; and

(b)of the holder of a mining tenement — means the service address of the holder contained in the register in relation to the tenement;

service address, of a person, has the meaning given in regulation 84A(1);

5.Regulation 49 amended

(1)In regulation 49(1) delete “shall” and insert:

must

(2)In regulation 49(2):

(a)delete “shall” (1st occurrence) and insert:

must

(b)delete “he” and insert:

the warden

(c)delete “shall” (2nd occurrence) and insert:

must

(d)delete paragraph (a) and insert:

(a)written notification of the intended hearing to be given to the holder of the mining tenement, at least 30 days prior to the fixed date; and

(3)In regulation 49(4) delete “shall” and insert:

must

6.Regulation 50 amended

In regulation 50(a) delete “posted to that holder at his last known place of abode or business” and insert:

given to the holder

7.Regulation 84A inserted

At the beginning of Part V Division 4A insert:

84A.Terms used

(1)In this Division —

authorised agent, of a person, means a person or firm who or that is authorised by the person for the purposes of the service of documents on the person;

service address, of a person —

(a)means —

(i)the residential address of the person; or

(ii)the address of the principal place of business in the State of a business of the person; or

(iii)the address of an authorised agent of the person which, where relevant, is the address of the principal place of business in the State of the agent;

but

(b)does not include an address that is not a street address.

(2)Without limiting the meaning of references to the business of an individual, such references include a business that the individual carries on together with others.

8.Regulation 84C amended

In regulation 84C:

(a)after paragraph (a)(i) insert:

(iaa)the service address of the applicant; and

(iab)the particulars of the designated tenement contact for the application; and

(b)in paragraph (b)(v) delete “registered”;

(c)after paragraph (b)(v) insert:

(va)the service address of the holder; and

(vb)the particulars of the designated tenement contact for the mining tenement; and

(d)in paragraph (b)(ix) delete “registered”.

9.Regulations 84G and 84H inserted

At the end of Part V Division 4A insert:

84G.Applicant for or holder of tenement to provide service address

(1)In this regulation —

relevant form means —

(a)an application form lodged for a mining tenement in accordance with regulation 64(1); or

(b)a form lodged in relation to a devolution in accordance with regulation 102; or

(c)a form lodged in relation to a transfer under Division 4.

(2)Subregulation (3) applies to an applicant for, or the holder of, a mining tenement, if the registered service address of the applicant or holder is not up-to-date because of a change to, or to the particulars of, the service address of the applicant or holder.

(3)The applicant or holder commits an offence if the applicant or holder fails, within 28 days of the change to, or to the particulars of, the service address, to lodge updated particulars of the service address in the form of Form 30 or a relevant form.

Note for this regulation:

1.Certain applicants for, or holders of, mining tenements need not comply with regulation 84G(3) during the transition period (as defined in regulation 175): see regulation 178.

2.Regulation 179 applies to certain applicants for, or holders of, mining tenements who do not have a registered service address before commencement day (as defined in regulation 175).

84H.Copies of entries, dealings and other instruments: address details

(1)In this regulation —

address details, of an individual, means —

(a)the residential address of the individual; and

(b)a business address of a business of the individual.

(2)An individual whose address details are included on the register may apply to the Director General of Mines to request that some or all of their address details are to be treated as confidential.

(3)The Director General of Mines may approve the request under subregulation (2) if satisfied that it is necessary to do so because the health, safety or wellbeing of the individual, or a family member of the individual, would be substantially affected by the information being made available in a copy of an entry or of a dealing or other instrument recorded in the register.

(4)If the address details of an individual are to be treated as confidential to an extent under this regulation, a copy of an entry or of a dealing or other instrument recorded in the register cannot include the address details of the individual to that extent.

(5)Without limiting the meaning of references to the business of an individual, such references include a business that the individual carries on together with others.

10.Part V Division 5B inserted

After Part V Division 5A insert:

Division 5B — Designated tenement contacts

89AA.Designated tenement contacts (DTCs)

(1)The designated tenement contact for an application for a mining tenement is, for each applicant, the person who is determined, from time to time, under regulation 89AC to be the applicant’s designated tenement contact for the application.

(2)The designated tenement contact for a mining tenement is, for each holder of the tenement, the person who is determined, from time to time, under regulation 89AD to be the holder’s designated tenement contact for the tenement.

89AB.Prescribed provisions for DTCs (Act s. 17)

(1)For the purposes of section 17, the following provisions of the Act are prescribed —

(a)section 8A(3);

(b)section 26A(1);

(c)section 41(3) (including as applied by section 92);

(d)section 51A;

(e)section 55A(4);

(f)section 55B;

(g)section 58(3);

(h)section 65(4);

(i)section 68(1) and (2);

(j)section 69D(4);

(k)section 69E;

(l)section 70C(3);

(m)section 70IA(2) and (3A);

(n)section 70M;

(o)section 74(2) (including as applied by section 90(2));

(p)section 74A(2);

(q)section 79(1);

(r)section 82(3);

(s)section 90(2);

(t)section 92;

(u)section 95A(2);

(v)section 96A(6);

(w)section 97(6);

(x)section 103AU(4);

(y)section 115A(2)(b);

(z)section 115B(2);

(za)section 122A(4)(b).

(2)For the purposes of section 17, the following provisions of these regulations are prescribed —

(a)regulation 4G;

(b)regulation 49(2)(a);

(c)regulation 50(a);

(d)regulation 84B(4) and (8)(b);

(e)regulation 118(3);

(f)regulation 118A(1);

(g)regulation 118C(2);

(h)regulation 120A(3).

(3)For the purposes of section 17, the Mining (Royalties) Regulations 2025 regulation 19(4)(b) is prescribed.

89AC.Requirement for applicant for tenement to have DTC

(1)In this regulation —

deemed applicant, in relation to an application for a mining tenement, means a person who is, under section 49(3), 56B(4), 67(3), 70C(7) or 70L(3), taken to be an applicant for the tenement because they are the transferee of —

(a)another mining tenement; or

(b)an interest in another mining tenement;

relevant form, in relation to the application of an applicant who is not a deemed applicant, means —

(a)the application form lodged by the applicant in accordance with regulation 64(1); or

(b)if the application devolved on the applicant as described in regulation 102 — the form lodged in relation to the devolution.

(2)For the purposes of regulation 89AA(1), an applicant’s designated tenement contact for the application is, subject to subregulation (3) —

(a)if the applicant is not a deemed applicant in relation to the application — the person (if any) named in the relevant form as the applicant’s designated tenement contact; or

(b)if the applicant is a deemed applicant in relation to the application — the person who, under regulation 89AA(2), is the applicant’s designated tenement contact for the transferred tenement or interest.

(3)If an applicant for a mining tenement nominates a person as the designated tenement contact for the application in the form of Form 30, the applicant’s designated tenement contact for the application is the person nominated or the person most recently so nominated.

(4)An applicant for a mining tenement commits an offence if the applicant fails to ensure that there is, under this regulation, a person who is the applicant’s designated tenement contact for the application.

(5)An applicant —

(a)may, at any 1 time, have only 1 person as their designated tenement contact for the application; and

(b)may themselves be their designated tenement contact.

(6)An applicant for a mining tenement commits an offence if the applicant —

(a)fails to ensure that the Department is given the particulars of the applicant’s designated tenement contact; or

(b)fails to ensure that the particulars held by the Department are kept up-to-date.

89AD.Requirement for holder of tenement to have DTC

(1)For the purposes of regulation 89AA(2), a holder’s designated tenement contact for the mining tenement is, subject to subregulations (2) and (6) —

(a)if the tenement or an interest in the tenement was transferred to the holder under Division 4 — the person (if any) named in the transfer form as the transferee’s designated tenement contact; or

(b)if the tenement or an interest in the tenement devolved on the holder as described in regulation 102 — the person (if any) named as the devolvee’s designated tenement contact in the form lodged in relation to the devolution; or

(c)if the holder became a holder of the tenement on the granting of their application for the mining tenement — the person (if any) who, under regulation 89AA(1), was the holder’s designated tenement contact for the application.

(2)If a holder of a mining tenement nominates a person as the designated tenement contact for the tenement in the form of Form 30, the holder’s designated tenement contact for the tenement is the person nominated or the person most recently so nominated.

(3)A holder of a mining tenement commits an offence if the holder fails to ensure that there is, under this regulation, a person who is the holder’s designated tenement contact for the tenement.

(4)A holder —

(a)may, at any 1 time, have only 1 person as their designated tenement contact for the mining tenement; and

(b)may themselves be their designated tenement contact.

(5)A holder of a mining tenement commits an offence if the holder —

(a)fails to ensure that the Department is given the particulars of the holder’s designated tenement contact; or

(b)fails to ensure that the particulars held by the Department are kept up-to-date.

(6)If a transferee or devolvee in relation to a mining tenement nominates, before becoming a holder of the tenement, a person as the designated tenement contact for the tenement in the form of Form 30, the transferee’s or devolvee’s designated tenement contact for the tenement is, on becoming a holder of the tenement, the person nominated or the person most recently so nominated.

(7)A transferee or devolvee in relation to a mining tenement may, before becoming a holder of the tenement, give the Department new particulars of their designated tenement contact in the form of Form 30.

89AE.Emailing information, notice or documents to DTCs

(1)This regulation applies in relation to information, notice or a document permitted to be given to a designated tenement contact for the purposes of a prescribed provision.

(2)The information, notice or document may be given by sending it in electronic form to the email address of the designated tenement contact.

(3)In the absence of proof to the contrary, information, notice or a document given in accordance with subregulation (2) is taken to have been given to the designated tenement contact —

(a)if the email is sent before 4 pm on a working day — on that day; or

(b)otherwise — on the next working day after the day on which the email is sent.

(4)In subregulation (3) —

working day means a day other than a Saturday, a Sunday or a public holiday throughout the State.

(5)This regulation has effect despite any inconsistent requirement in these regulations.

11.Regulation 89C amended

(1)In regulation 89C(1) in the definition of JORC Code delete “December 2004.” and insert:

2012.

(2)In regulation 89C(2) delete “classifications provided for in clauses 20, 21 and 22” and insert:

categories provided for in clauses 21, 22 and 23

12.Regulation 111 amended

In regulation 111(1):

(a)in paragraph (d) delete “works.” and insert:

works; or

(b)after paragraph (d) insert:

(e)where the party to be served is an applicant for, or the holder of, a mining tenement, by delivering it, or sending it by prepaid post, to the registered service address of the applicant or holder.

13.Regulation 118A amended

(1)In regulation 118A(1) delete “shall serve by post notice of that fact on —” and insert:

must give notice of that fact to —

(2)In regulation 118A(2) delete “shall serve by post notice of that fact on” and insert:

must give notice of that fact to

14.Regulation 120A amended

In regulation 120A(3) delete “shall serve by post on” and insert:

must give

15.Regulation 120H amended

In regulation 120H(b) delete “that mining tenement holder’s last known address.” and insert:

the registered service address of the holder.

16.Regulation 120L amended

In regulation 120L(2)(b) delete “that mining tenement holder’s last known address.” and insert:

the registered service address of the holder.

17.Regulation 120N amended

In regulation 120N(6) delete “mining tenement holder’s last known address” and insert:

registered service address of the mining tenement holder

18.Part 9 inserted

After regulation 174 insert:

Part 9 — Transitional provisions for Mining Amendment Regulations 2025

175.Terms used

In this Part —

commencement day means the day on which the Mining Amendment Regulations 2025 regulation 10 comes into operation;

transitional application means an application for a mining tenement that is pending immediately before commencement day;

transitional holder means a holder of a mining tenement —

(a)to whom the tenement or an interest in the tenement was transferred under Part V Division 4 if the transfer form was executed before commencement day; or

(b)on whom the tenement or an interest in the tenement devolved as described in regulation 102 if the form lodged in relation to the devolution was completed before commencement day; or

(c)who became a holder of the tenement before commencement day;

transition period means the period of 12 months beginning on commencement day.

176.Transitional applicants

(1)Subregulation (2) applies in relation to a transitional application if the applicant had, before commencement day, notified the Department of a person who is to be the applicant’s designated tenement contact for the application.

(2)Regulation 89AC has effect, for the purposes of regulation 89AA(1), as if the person notified as described in subregulation (1), or the person most recently so notified, had been named in the relevant form as the applicant’s designated tenement contact for the application.

177.Transitional holders

(1)Subregulation (2) applies in relation to a transitional holder if the holder had, before commencement day, notified the Department of a person who is to be the holder’s designated tenement contact for the tenement.

(2)Regulation 89AD has effect, for the purposes of regulation 89AA(2), as if the person notified as described in subregulation (1), or the person most recently so notified, had been nominated, in the form of Form 30 as the holder’s designated tenement contact for the tenement.

178.Compliance during transition period

(1)A person need not comply with regulation 84G(3) or 89AC(4) in relation to a transitional application during the transition period.

(2)If a transitional application is granted before the end of the transition period, the holder of the mining tenement need not comply with regulation 84G(3) or 89AD(3) in relation to the mining tenement during the transition period.

(3)A transitional holder need not comply with regulation 84G(3) or 89AD(3) in relation to the mining tenement during the transition period.

179.Transitional applicants and holders to provide service address

(1)In this regulation —

relevant form has the meaning given in regulation 84G(1).

(2)Subregulation (3) applies —

(a)in relation to a transitional application if, immediately before commencement day, there was no registered service address of the applicant; and

(b)to a transitional holder if, immediately before commencement day, there was no registered service address of the holder.

(3)The applicant or holder commits an offence if the applicant or holder fails, before the end of the transition period, to lodge a service address of the applicant or holder in the form of Form 30 or a relevant form.

180.References to registered service address of transitional applicants and holders

(1)In this regulation —

relevant provision means the following provisions of these regulations —

(a)regulation 111(1)(e);

(b)regulation 120H(b);

(c)regulation 120L(2)(b);

(d)regulation 120N(6).

(2)Subregulation (3) applies in relation to —

(a)an applicant for a mining tenement, if a transitional application has been made; and

(b)the holder of a mining tenement, if a transitional application is granted before the end of the transition period; and

(c)a transitional holder of a mining tenement.

(3)Despite the amendments to these regulations made by the Mining Amendment Regulations 2025, a reference in a relevant provision to the registered service address of an applicant for, or the holder of, a mining tenement is taken to be a reference to the last known place of abode or business of the applicant or holder until there is a registered service address of the applicant or holder.

19.Schedule 1 Form 5 amended

In Schedule 1 Form 5 under the heading “INSTRUCTIONS FOR THE COMPLETION OF FORM 5” after the 10th note insert:

ADDRESS FOR SERVICE

11.A tenement holder must include their full name (individual or company) and address. The address must be the holder’s principal place of business or residence (not a postal address).

12.If an authorised agent is lodging the Form 5, the agent must include their address. The address must be the authorised agent’s principal place of business (not a postal address).

20.Schedule 1 Form 9 amended

In Schedule 1 Form 9 after the 2nd note insert:

3.The holder must include their full name (individual or company) and address. The address must be the holder’s principal place of business or residence (not a postal address).

4.If an agent of the holder is submitting this application, the agent must include their address. The address must be the agent’s principal place of business (not a postal address).

21.Schedule 1 Form 12 amended

At the end of Schedule 1 Form 12 insert:

NOTE:The address for return of documents must be the holder’s principal place of business (or their agent’s) or residence (not a postal address).

22.Schedule 1 Form 13 amended

At the end of Schedule 1 Form 13 insert:

NOTE:The holder must include their full name (individual or company) and address. The address must be the holder’s principal place of business or residence (not a postal address).

23.Schedule 1 Form 14 amended

At the end of Schedule 1 Form 14 insert:

NOTE:The address for return of documents must be the holder’s principal place of business (or their agent’s) or residence (not a postal address).

24.Schedule 1 Form 15 amended

In Schedule 1 Form 15 delete “by post”.

25.Schedule 1 Form 17 amended

(1)In Schedule 1 Form 17 in the note delete “NOTE:” and insert:

NOTES:

(2)In Schedule 1 Form 17 in the note delete “If” and insert:

1.If

(3)In Schedule 1 Form 17 after the note insert:

2.The address for service must be the applicant’s principal place of business or residence, or the legal practitioner’s principal place of business (not a postal address).

26.Schedule 1 Form 18 amended

At the end of Schedule 1 Form 18 insert:

NOTE:The address for service must be the holder’s principal place of business or residence, or their legal practitioner or agent’s principal place of business (not a postal address).

27.Schedule 1 Form 20 amended

At the end of Schedule 1 Form 20 insert:

NOTES:1.The applicant must include their full name (individual or company) and address. The address must be the applicant’s principal place of business or residence (not a postal address).

2.If an agent of the applicant is submitting this notice, the agent must include their address. The address must be the agent’s principal place of business (not a postal address).

28.Schedule 1 Form 21 replaced

Delete Schedule 1 Form 21 and insert:

Form 21Application for mining tenement

FORM 21		WESTERN AUSTRALIA Mining Act 1978 (s. 41, 58, 70C, 74, 86, 91, r. 64) APPLICATION FOR MINING TENEMENT
TENEMENT DETAILS: (a)Type of tenement (b)Time & Date marked out (if applicable) (c)Mineral Field		(a)		No…....…/…......…
		(b)am/pm / /		(c)

DESCRIPTION OF GROUND APPLIED FOR: (For Exploration Licences see Note 1 For other Licences see Note 2 For all Licences see Note 3) (d)Locality (e)Datum Peg (f)Boundaries		(d)
		(e)

		(f)







(g)Area (ha or km2)		(g)
Additional information to be provided in an attachment (See Note 4)
APPLICANT(S) DETAILS (FOR EACH APPLICANT) (see Note 5): (h)Full name (i)ACN/ABN (if applicable) (j)Service address (k)Optional information (email address, telephone) (l)Designated Tenement Contact (see Note 6) (i)Full name (ii)Postal address (Street/Post Box/Locked Bag, Suburb, State, Postcode, Country) (iii)Email address (iv)Optional information (telephone) (m)No. of shares		(h), (i), (j) & (k)	(l)		(m) Shares











(n)Total No. of shares					(n) Total
(o)Signature of applicant or agent (if agent, state full name and address)		(o)Date
OFFICIAL USE
A NOTICE OF OBJECTION may be lodged at any mining registrar’s office on or before the .............. day of .................................. 20........... (see Note 7). If an objection to this application is lodged the hearing will take place on a date to be set.
Received at ........ am/pm on .................... 20....... with fees of —
Application Rent TOTAL	$.................... $.................... $....................
Mining Registrar

NOTES

Note 1:EXPLORATION LICENCE

(i)Attachments 1 and 2 form part of every application for an Exploration Licence and must be lodged with this form in lieu of (d), (e), (f) and (g) above.

(ii)An application for an Exploration Licence shall be accompanied by a statement specifying method of exploration, details of the proposed work programme, estimated cost of exploration and technical and financial ability of the applicant(s).

Note 2:PROSPECTING/MISCELLANEOUS LICENCE AND MINING/GENERAL PURPOSE LEASE

This application form shall be accompanied by a map on which are clearly delineated the boundaries of the area applied for.

Note 3:GROUND AVAILABILITY

(i)The onus is on the applicant to ensure that ground is available to be marked out and/or applied for.

(ii)The following action should be taken to ascertain ground availability:

(a) public plan search; (b) register search; (c) ground inspection.

Note 4:ADDITIONAL INFORMATION

An applicant may provide any relevant additional information they wish to provide in respect of this application in an attachment (e.g. that the application is for a special prospecting licence or is the conversion of an existing title, or the effect of the application on private property).

Note 5:APPLICANT(S) DETAILS

Each applicant must include their full name (individual or company) and service address. The Mining Regulations 1981 regulation 84A(1) defines service address.

Note 6:DESIGNATED TENEMENT CONTACT

Each applicant must include the full name (individual or company), postal address and email address of the applicant’s designated tenement contact for the application, to be used for correspondence. Each applicant may only have 1 designated tenement contact for the application (although multiple applicants may have the same designated tenement contact) and may nominate themselves as the designated tenement contact.

Note 7:ALL APPLICATIONS OVER PRIVATE LAND

The period for lodgment of an objection is within 21 days of service of this notice, or the date noted above for lodging objections, whichever is the longer period.

WESTERN AUSTRALIA

Mining Act 1978FORM 21 — ATTACHMENT 1

s. 58, r. 64

EXPLORATION LICENCE NO.............../................

THIS SECTION MUST BE COMPLETED IN FULL FOR ALL EXPLORATION LICENCE APPLICATIONS

LOCALITY: ........................................... INDICATE BLOCKS APPLIED FOR: x

BLOCK IDENTIFIER (All 3 sections must be completed)

1:1 000 000

PLAN NAME

PRIMARY

NUMBER

GRATICULAR SECTION

All

TOTAL BLOCKS:

WESTERN AUSTRALIA

Mining Act 1978FORM 21 — ATTACHMENT 2

r. 58, r. 64

MAP SHOWING BLOCKS APPLIED FOR IN EXPLORATION LICENCE No. ....../......

(i)Indicate 1:1 000 000 Plan Name(s) highlighting sheet(iii)Indicate Graticular Section e.g. x
boundaries in the areas marked (+) e.g. Kalgoorlie

(ii)Indicate Primary Number(s) e.g. PRIMARY No. 318(iv)Outline external boundaries of licence
applied for.

1:1 000 000 PLAN NAME(S)

PRIMARY No.

1:1 000 000 PLAN NAME(S)

PRIMARY No.

1:1 000 000 PLAN NAME(S)

29.Schedule 1 Form 22 amended

At the end of Schedule 1 Form 22 insert:

NOTE: The address for return of documents must be the applicant’s principal place of business (or their agent’s) or residence (not a postal address).

30.Schedule 1 Form 23 replaced

Delete Schedule 1 Form 23 and insert:

Form 23Transfer

Form 23

INTEREST BEING TRANSFERRED

(a)Type of tenement

(b)Number

(c)Mineral Field

(d)Number of shares

WESTERN AUSTRALIA

Mining Act 1978

(r. 75, 81, 84)

TRANSFERNo.

Details of Mining Tenement

(a)

(b)

(c)

(d)

TRANSFEROR

(e)Full name

(f)ACN/ABN (if applicable)

(g)Service address

(e), (f) & (g)

CONSIDERATION

(h)In words

(see Note 1)

(h)

TRANSFEREE (see Note 2)

(i)Full name

(j)ACN/ABN (if applicable)

(k)Service address

(l)Optional information (email address, telephone)

(m)Designated Tenement Contact (see Note 3)

(i)Full name

(ii)Postal address (Street/Post Box/Locked Bag, Suburb, State, Postcode, Country)

(iii)Email address

(iv)Optional information (telephone)

(i), (j), (k) & (l)

(m)

(n)Mortgage number and Mortgagee or “NIL” (see Note 4)	(n)

	THE TRANSFEROR, for the consideration expressed, TRANSFERS TO THE TRANSFEREE the interest specified in the mining tenement, and the TRANSFEREE accepts the interest subject to any mortgage as shown and to all terms and conditions under which it is now held.

(See Note 5)

	DATED this		day of		20

(o)Signature of transferor (p)Signature of transferee (q)Signature of witnesses (include full name and address)	TRANSFERORS sign here	TRANSFEREES sign here
	Signed (o) In the presence of (q) (name and address) Signed (o) In the presence of (q) (name and address) Signed (o) In the presence of (q) (name and address)	Signed (p) In the presence of (q) (name and address) Signed (p) In the presence of (q) (name and address) Signed (p) In the presence of (q) (name and address)
LODGING PARTY (r)Full name and address (for return of documents)	(r)

OFFICIAL USE
Received at ................................am/pm on .................................. 20..... with fee of $ ................................................................................................
.................................................................... Mining Registrar

Notes:	1.If the duty shown on the transfer is not in respect of the full amount of the consideration stated then the documents indicating the full duty must accompany the transfer. 2.Each transferee must include their full name (individual or company) and service address. The Mining Regulations 1981 regulation 84A(1) defines service address. 3.Each transferee must include the full name (individual or company), postal address and email address of the transferee’s designated tenement contact for the tenement, to be used for correspondence. Each transferee may only have 1 designated tenement contact for the tenement (although multiple transferees may have the same designated tenement contact) and may nominate themselves as the designated tenement contact.
	4.If a mortgage is registered with the Department and will continue after the transfer, insert the required details. If no mortgage, or a mortgage is to be discharged prior to or on the transfer, insert “nil”. The consent of the mortgagee to the transfer must be lodged with this form.
	5.If section 122A(1)(b) of the Act applies, insert “THE TRANSFEROR and THE TRANSFEREE acknowledge that this transfer is subject to the interest claimed by the caveator in caveat no.” and the relevant caveat number.

31.Schedule 1 Form 28 replaced

Delete Schedule 1 Form 28 and insert:

Form 28Devolution

Form 28	WESTERN AUSTRALIA Mining Act 1978 (r. 102)
	DEVOLUTIONNo.
(a)Type (b)Number (c)Mineral Field	Details of Mining Tenement (or application therefor) (a) (b) (c) (d)
(d)Number of shares

(e)Document from which title derived	(e)

EXECUTOR OR ADMINISTRATOR (see Note 1) (f)Full name (g)ACN/ABN (if applicable) (h)Service address (i)Optional information (email address, telephone) (j)Designated Tenement Contact (see Note 2) (i)Full name (ii)Postal address (Street/Post Box/Locked Bag, Suburb, State, Postcode, Country) (iii)Email address (iv)Optional information (telephone)	(f), (g), (h) & (i)		(j)

*Copy of document to be attached	applies to be registered as the holder of the above mentioned interest and *attached is a copy of the document referred to in (e) above.

	DATED this	day of		20

(k)Signature of executor or administrator	(k)..................................................................................................................

LODGING PARTY (l)Full name and address (for return of documents)	(l)

OFFICIAL USE
Received at ................................am/pm on .................................. 20..... with fee of $ ............................................................................................
.................................................................... Mining Registrar

Notes:1. The executor or administrator must include their full name (individual or company) and service address. The Mining Regulations 1981 regulation 84A(1) defines service address.

2.The executor or administrator must include the full name (individual or company), postal address and email address of their designated tenement contact for the tenement or application, to be used for correspondence. The executor or administrator may only have 1 designated tenement contact for the tenement or application and may nominate themselves as the designated tenement contact.

32.Schedule 1 Form 30 replaced

Delete Schedule 1 Form 30 and insert:

Form 30Application to amend

Form 30

WESTERN AUSTRALIA

Mining Act 1978

(r. 84E, 84G, 89AC, 89AD, 179)

APPLICATION TO AMENDNo.

DETAILS OF TENEMENT OR APPLICATION

(a)Type

(b)Number

(c)Mineral Field

(a)

(b)

(c)

HOLDER/APPLICANT DETAILS

(d)Full name

(e)Service address

(d)

(e)

The abovementioned HOLDER/APPLICANT applies to amend the particulars on the register at the Department.

FROM

(f)Present particulars shown in register or enter “NIL” if none

(f)

	TO
(g)Amended particulars (see Note 1) If amending details for the Holder/Applicant, the following information must be provided for the Holder/Applicant: (see Note 2) Full name ACN/ABN (if applicable) Service address If providing or amending details for the Holder’s/ Applicant’s designated tenement contact, the following information must be provided for the designated tenement contact: (see Note 3) Full name Postal address (Street/Post Box/Locked Bag, Suburb, State, Postcode, Country) Email address	(g)
(h)Optional information (see Note 4)	(h)
AGENT DETAILS (i)If agent, state full name and address	(i)
*If applicable	The aforementioned AGENT declares that they are duly authorised by the Applicant/Holder to nominate the agent’s address as the Applicant/ Holder’s service address.

	DATED this		day of		20

(i)Signature of Holder/
Applicant or agent

(see Note 5)

(i)…............................................................................................................

OFFICIAL USE

Received at ……………………….. am/pm on ………………………..20

………………………………………………..

Mining Registrar

NOTES:

1.A statutory declaration setting out the reasons for the requested amendments must accompany the application if it is made under the Mining Regulations 1981 regulation 84E.

2.The holder or applicant must include their full name (individual or company) and service address. The Mining Regulations 1981 regulation 84A(1) defines service address.

3.This form may be used to lodge particulars of a designated tenement contact for the first time, to change a designated tenement contact, or to change the particulars of a designated tenement contact. The holder or applicant must include the full name (individual or company), postal address and email address of their designated tenement contact, to be used for correspondence. A holder or applicant may only have 1 designated tenement contact for a particular mining tenement or application (although multiple holders or applicants may have the same designated tenement contact). A holder or applicant may nominate themselves as the designated tenement contact.

4.Optional information may be provided such as an email address or telephone number for the holder or applicant or the telephone number of the designated tenement contact.

5.If this form is signed by a person who is an employee of the holder or applicant, the person must state the person’s full name and the position in which the person is employed.

6.A reference in this form to a holder includes a reference to a transferee or devolvee in relation to a tenement prior to them becoming the holder of the tenement.

33.Schedule 1 Form 44 amended

In Schedule 1 Form 44 delete “FIELD BOOK NUMBER” and insert:

FIELD RECORD NUMBER

K. COLLERAN, Clerk of the Executive Council

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

By Authority: GEOFF O. LAWN, Government Printer