❓ Hon Giz Watson questions the Minister for Resources regarding compliance with notification requirements for Miscellaneous Licence 26/228, specifically concerning registered post notification to the holder of Prospecting Licence 26/3126. The Minister's response indicates a hearing is underway and clarifies notification procedures.
AnsweredQoN 5932Legislative Council
QuestionView source ↗
(1) Given that the Minister has stated ‘If an applicant for a mining tenement fails to provide evidence in relation to compliance with the provisions of the Mining Act 1978 and Regulations 1981, the Mining Registrar or Warden should refuse the application if that application is a prospecting licence or a miscellaneous licence’, will the Mining Registrar write to the applicant indicating refusal of the application for Miscellaneous licence 26/228 covering prospecting licence 26/3126 given that the tenement holder did not receive a registered post notification of the Miscellaneous Licence application as is required under the Mining Act 1978 and Regulations 1981?
(2) If no to (1), why not?
(3) Did the applicant for Miscellaneous Licence 26/228 submit a registered post slip, proof of service on the holder of P26/3126 Mr L. Mills, with his address shown as 20 Austral Road Kalgoorlie, Western Australia 6430, in its compliance affidavit to the Mining Registrar in Kalgoorlie?
(4) If yes to (3), on what specific date was this done and will the Minister quote the registered post number on the receipt and the name and address shown on the registered post slip provided in the compliance affidavit?
(5) If no to (3), why not?
(6) Can the Minister state for what purpose do the Mining Act 1978 and Regulations 1981 require the applicant for Miscellaneous licences to notify other tenement holders including Prospecting Leases, Mining Leases of their applications by registered post or proof of service?
(7) If no to (6), why not?
(8) Did the applicant for Miscellaneous Licence 26/228 submit a registered post slip, proof of service showing the details L.A. Mills, PO Box 1080, Kalgoorlie Western Australia 6430, in its compliance affidavit which is clearly the incorrect address for Mr L. Mills?
(2) If no to (1), why not?
(3) Did the applicant for Miscellaneous Licence 26/228 submit a registered post slip, proof of service on the holder of P26/3126 Mr L. Mills, with his address shown as 20 Austral Road Kalgoorlie, Western Australia 6430, in its compliance affidavit to the Mining Registrar in Kalgoorlie?
(4) If yes to (3), on what specific date was this done and will the Minister quote the registered post number on the receipt and the name and address shown on the registered post slip provided in the compliance affidavit?
(5) If no to (3), why not?
(6) Can the Minister state for what purpose do the Mining Act 1978 and Regulations 1981 require the applicant for Miscellaneous licences to notify other tenement holders including Prospecting Leases, Mining Leases of their applications by registered post or proof of service?
(7) If no to (6), why not?
(8) Did the applicant for Miscellaneous Licence 26/228 submit a registered post slip, proof of service showing the details L.A. Mills, PO Box 1080, Kalgoorlie Western Australia 6430, in its compliance affidavit which is clearly the incorrect address for Mr L. Mills?
AnswerView source ↗
Answered
19 March 2008
Responded by
Leader of the House representing the Minister for Resources
Response time
27 days
(1) & (2) Application for Miscellaneous Licence 26/228 and two objections against it being granted are the subject of a hearing before the Kalgoorlie Mining Warden, which currently stands adjourned to 23 April 2008.
(3) No.
(4) Not applicable.
(5) The compliance affidavit indicates service was undertaken by registered post on Mr L Mills at PO Box 1080 Kalgoorlie WA.
(6) Regulation 111 of the Mining Regulations 1981 sets out various ways in which service of notices can be effected and registered post is one of these.
The purpose of notification of a Miscellaneous Licence application on underlying applicants for and holders of existing mining tenements is to make those parties aware of the new application and provide details of when and where objections can be lodged.
(7) Not applicable.
(8) See (5) above.
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(3) No.
(4) Not applicable.
(5) The compliance affidavit indicates service was undertaken by registered post on Mr L Mills at PO Box 1080 Kalgoorlie WA.
(6) Regulation 111 of the Mining Regulations 1981 sets out various ways in which service of notices can be effected and registered post is one of these.
The purpose of notification of a Miscellaneous Licence application on underlying applicants for and holders of existing mining tenements is to make those parties aware of the new application and provide details of when and where objections can be lodged.
(7) Not applicable.
(8) See (5) above.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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