❓ Hon Giz Watson inquires about the assessment and compliance procedures for mining tenement applications, specifically regarding notifications to relevant parties. The Minister's response clarifies the process and consequences of non-compliance.
AnsweredQoN 4989Legislative Council
QuestionView source ↗
(1) Do all Mining Registrar offices within the state assess and check all applications for prospecting licences, exploration licences, miscellaneous licences and mining lease applications for compliance with marking out provisions and notifications by registered post required to pastoralists, adjoining tenement holders and others required under the
Mining Act 1978
and
Mining Regulations 1981
?
(2) If no to (1), why not?
(3) If yes to (1), how is this specifically done?
(4) Does the Department of Industry and Resources have a policy, after having made preliminary assessment of affidavits required for all types of applications, that should the Department recognise a breach or failure to comply with notifications by registered post to pastoralists, adjoining tenement holders and others required under the
Mining Act 1978
and
Mining Regulations 1981
, the tenement is then recommended for refusal?
(5) If no to (4), what is the specific policy or approach taken in these matters?
(6) If yes to (4), how long a period of time has this policy or approach been taken?
Mining Act 1978
and
Mining Regulations 1981
?
(2) If no to (1), why not?
(3) If yes to (1), how is this specifically done?
(4) Does the Department of Industry and Resources have a policy, after having made preliminary assessment of affidavits required for all types of applications, that should the Department recognise a breach or failure to comply with notifications by registered post to pastoralists, adjoining tenement holders and others required under the
Mining Act 1978
and
Mining Regulations 1981
, the tenement is then recommended for refusal?
(5) If no to (4), what is the specific policy or approach taken in these matters?
(6) If yes to (4), how long a period of time has this policy or approach been taken?
AnswerView source ↗
Answered
18 September 2007
Responded by
Leader of the House representing the Minister for Industry and Enterprise
Response time
35 days
The Minister for Industry and Enterprise has been provided with the following response:
(1) Yes
(2) Not applicable
(3) An assessment of applications for mining tenements is completed by all Mining Registrar offices to ensure compliance with the
Mining Act 1978
and
Regulations 1981
. Part of the assessment requires that a compliance affidavit is filed by the applicant within 28 days following lodgement of the application. The affidavit is required to specifically identify the requirements relevant to the application and if applicable requires that proof of service on a pastoralist, other tenement holders, private land holders and the Chief Executive Officer of the relevant local government authority is supported by evidence in the form of a registered mail slip and in the case of advertising a copy of the relevant section of the newspaper.
(4) No
(5) The issue is one of regulatory compliance. 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.
If the mining tenement application an exploration licence, mining lease, general purpose lease or retention licence, the Mining Registrar or Warden should make a recommendation to the Minister for refusal.
(6) Not applicable
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(1) Yes
(2) Not applicable
(3) An assessment of applications for mining tenements is completed by all Mining Registrar offices to ensure compliance with the
Mining Act 1978
and
Regulations 1981
. Part of the assessment requires that a compliance affidavit is filed by the applicant within 28 days following lodgement of the application. The affidavit is required to specifically identify the requirements relevant to the application and if applicable requires that proof of service on a pastoralist, other tenement holders, private land holders and the Chief Executive Officer of the relevant local government authority is supported by evidence in the form of a registered mail slip and in the case of advertising a copy of the relevant section of the newspaper.
(4) No
(5) The issue is one of regulatory compliance. 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.
If the mining tenement application an exploration licence, mining lease, general purpose lease or retention licence, the Mining Registrar or Warden should make a recommendation to the Minister for refusal.
(6) Not applicable
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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