❓ Question regarding clarity of expenditure reporting requirements for mining tenements, specifically concerning allowable expenditure under the Mining Act and Regulations. The Minister confirms existing information and ongoing updates.
AnsweredQoN 102Legislative Council
QuestionView source ↗
(1) With reference to the Mining Warden's Court decision, Blackfin P/L v Mineralogy PL WAMW19, dated 4 October 2013, concerning applications for exemptions and applications for forfeiture made to the Department of Mines and Petroleum (DMP) I ask, can the Minister advise whether DMP policy guidelines and Form 5 Operations Reports now make clear the requirement of the
Mining Act 1978
and
Mining Regulations 1981
that expenditure must be “on or in connection with mining on a mining tenement” before it can be claimed as expenditure in Form 5 Operations Reports?
(2) If the answer is in the negative, will the Minister direct the DMP to change both the policy guidelines and the text of Form 5 Operations Reports to clearly state that expenditure must be “on or in connection with mining on a mining tenement” before it can be claimed as expenditure in Form 5 Operations Reports?
(3) Does the Minister agree that the provisions of Regulation 96C of the
Mining Regulations 1981
do not entitle the holder of any mining title to claim expenditure for administration and overheads by simply applying the formula of 20 per cent?
Mining Act 1978
and
Mining Regulations 1981
that expenditure must be “on or in connection with mining on a mining tenement” before it can be claimed as expenditure in Form 5 Operations Reports?
(2) If the answer is in the negative, will the Minister direct the DMP to change both the policy guidelines and the text of Form 5 Operations Reports to clearly state that expenditure must be “on or in connection with mining on a mining tenement” before it can be claimed as expenditure in Form 5 Operations Reports?
(3) Does the Minister agree that the provisions of Regulation 96C of the
Mining Regulations 1981
do not entitle the holder of any mining title to claim expenditure for administration and overheads by simply applying the formula of 20 per cent?
AnswerView source ↗
Answered
7 September 2017
Responded by
Minister for Regional Development representing the Minister for Mines and Petroleum
Response time
9 days
(2) This information is laid out under the definition of “expenditure conditions” in section 8 of the Mining Act 1978 and is stated in Regulations 15, 21 and 31 of the Mining Regulations 1981. In addition, the Form 5 Operations Report states what are non-allowable expenditures and policy guidelines and the Form 5 Operations Report are currently being updated by the Department of Mines, Industry Regulation and Safety. (3) Yes
(3) Yes
(3) Yes
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