WA Mining Act Amendments

WA Mining Act Amendments

WA Mining Act – There are a number of key amendments to the Mining Act 1978 which came into operation on 2 February 2013.

  • The compulsory partial surrender deferral option has been removed and there will no longer be a need to compulsory surrender if the exploration licence has retention status.
  • The applicant for a mining lease that has already established JORC-standard mineralisation, as reported to the ASX, can lodge that resource report with the application rather than lodging a separate mineralisation report or mining proposal.
  • The holder of a prospecting licence that was applied for before 10 February 2006 and currently in force is able to apply for a new prospecting licence before the end of the term.
  • The requirement to mark out a miscellaneous licence has been removed. Also, the use of a miscellaneous licence is widened to be directly connected with mining (rather than mining operations) to allow connection with exploration and prospecting activities.
  • Licence documents for all prospecting, exploration, retention and miscellaneous licences will not be automatically issued. Licence holder can still request and obtain licence documents by paying a prescribed fee.
  • More flexibility to consider applications to extend time periods expressed in the Regulations.
  • The definition of ‘mining operations’ now includes underground coal gasification.
  • Commonwealth land now comes within the jurisdiction of the Mining Act 1978, with provisions similar to reserve land.

WA Mining Regulations – The Mining Amendment Regulations (No.4) 2012 came into operation on 10 November 2012. The more substantive amendments include:

  • removing the requirement for applicants to advertise their tenement application in the newspaper. The Department of Mines and Petroleum (“DMP”) will now publish tenement applications (except applications for special prospecting licences) on its website: Reg 64;
  • requiring statutory declaration to support an application to amend the register: Reg 84E;
  • allowing the cost of rehabilitation activities to be used in the calculation of expenditure conditions: Reg 96C;
  • allowing electronic lodgment for Warden’s Court documents via the DMP website: Reg 122;
  • the number of days to serve a summons (or witness summons) is reduced from 30 to 14 days: Reg 125(1);
  • requiring the respondent to serve a copy of the response on the applicant: Reg141(3);
  • the Warden may set aside a witness summons for reasons specified in a new subregulation: Reg 157(5).

Rents and fees in Schedule 2 of the Mining Regulation 1981 were increased from 1 July 2012 by 2.8%.

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