❓ A WA parliamentary question seeks details about a prospector fined for providing false information, including the rationale for the fine amount and the legal basis for the 18-month ban. The Minister provides answers, citing relevant regulations and considerations.
AnsweredQoN 1644Legislative Council
QuestionView source ↗
I refer to a Mineral Titles Newsletter dated October 2003 -
(1) Is it correct that part of the newsletter states : ‘Recently a prospector was fined $100 by the Minister under Regulation 4L and banned from holding another permit for a period of 18 months for providing false information on the permit. This action highlights the need for all prospectors to be diligent in their obligations under this permit system that allows access to Crown Land held under exploration licence’?
(2) If no to (1) will the Minister table a copy of the newsletter?
(3) Can the Minister explain the rationale and reasons as to how he determined the amount of the fine being $100?
(4) If no to (3) why not?
(5) Can the Minister state the full name of the prospector who was fined?
(6) If no to (5) why not?
(7) Can the Minister specifically quote the text of the legislation in which the Minister or the Department is empowered to ban the prospector from holding a permit for a period of 18 months?
(8) If no to (7) why not?
(9) Can the Minister state the rationale and reasons as to how the period of ’18 months’ was determined as being appropriate?
(10) If no to (9) why not?
(11) Was any other penalty or fine separate from the $100 fine and 18 month ban imposed by the department?
(12) If yes to (11) what specifically was that?
(1) Is it correct that part of the newsletter states : ‘Recently a prospector was fined $100 by the Minister under Regulation 4L and banned from holding another permit for a period of 18 months for providing false information on the permit. This action highlights the need for all prospectors to be diligent in their obligations under this permit system that allows access to Crown Land held under exploration licence’?
(2) If no to (1) will the Minister table a copy of the newsletter?
(3) Can the Minister explain the rationale and reasons as to how he determined the amount of the fine being $100?
(4) If no to (3) why not?
(5) Can the Minister state the full name of the prospector who was fined?
(6) If no to (5) why not?
(7) Can the Minister specifically quote the text of the legislation in which the Minister or the Department is empowered to ban the prospector from holding a permit for a period of 18 months?
(8) If no to (7) why not?
(9) Can the Minister state the rationale and reasons as to how the period of ’18 months’ was determined as being appropriate?
(10) If no to (9) why not?
(11) Was any other penalty or fine separate from the $100 fine and 18 month ban imposed by the department?
(12) If yes to (11) what specifically was that?
AnswerView source ↗
Answered
30 March 2004
Responded by
Parliamentary Secretary representing the Minister for State Development
Response time
109 days
(1) Yes. (2) Not applicable. (3) The nature of the offence and submissions from the individual were taken into account in determining the penalty. (4) Not applicable. (5) Mr John Burnside. (6) Not applicable. (7) Regulation 4L of the Mining Regulation 1981 provides: “(1) This regulation applies if the Minister is satisfied that a permit holder - (a) has contravened a condition referred to in section 20A(5) or imposed on the permit in accordance with regulation 4F; or (b) has included in the application for the permit information that the permit holder knew was false or misleading in a material respect at the time the application was made. (2) The Minister may, subject to regulation 4M, do one or more of the following - (a) order the permit holder to pay a monetary penalty not exceeding $ 5 000; (b) cancel the permit; (c) disqualify the permit holder from holding or applying for a permit for such period, not exceeding 3 years from the date of the decision to disqualify, as the Minister thinks fit.” (8) Not applicable. (9) The 18 months disqualification period was imposed having taken into account the nature of the offence and the submission made by the individual. (10) Not applicable. (11) No. (12) Not applicable.
(2) Not applicable. (3) The nature of the offence and submissions from the individual were taken into account in determining the penalty. (4) Not applicable. (5) Mr John Burnside. (6) Not applicable. (7) Regulation 4L of the Mining Regulation 1981 provides: “(1) This regulation applies if the Minister is satisfied that a permit holder - (a) has contravened a condition referred to in section 20A(5) or imposed on the permit in accordance with regulation 4F; or (b) has included in the application for the permit information that the permit holder knew was false or misleading in a material respect at the time the application was made. (2) The Minister may, subject to regulation 4M, do one or more of the following - (a) order the permit holder to pay a monetary penalty not exceeding $ 5 000; (b) cancel the permit; (c) disqualify the permit holder from holding or applying for a permit for such period, not exceeding 3 years from the date of the decision to disqualify, as the Minister thinks fit.” (8) Not applicable. (9) The 18 months disqualification period was imposed having taken into account the nature of the offence and the submission made by the individual. (10) Not applicable. (11) No. (12) Not applicable.
(3) The nature of the offence and submissions from the individual were taken into account in determining the penalty. (4) Not applicable. (5) Mr John Burnside. (6) Not applicable. (7) Regulation 4L of the Mining Regulation 1981 provides: “(1) This regulation applies if the Minister is satisfied that a permit holder - (a) has contravened a condition referred to in section 20A(5) or imposed on the permit in accordance with regulation 4F; or (b) has included in the application for the permit information that the permit holder knew was false or misleading in a material respect at the time the application was made. (2) The Minister may, subject to regulation 4M, do one or more of the following - (a) order the permit holder to pay a monetary penalty not exceeding $ 5 000; (b) cancel the permit; (c) disqualify the permit holder from holding or applying for a permit for such period, not exceeding 3 years from the date of the decision to disqualify, as the Minister thinks fit.” (8) Not applicable. (9) The 18 months disqualification period was imposed having taken into account the nature of the offence and the submission made by the individual. (10) Not applicable. (11) No. (12) Not applicable.
(4) Not applicable. (5) Mr John Burnside. (6) Not applicable. (7) Regulation 4L of the Mining Regulation 1981 provides: “(1) This regulation applies if the Minister is satisfied that a permit holder - (a) has contravened a condition referred to in section 20A(5) or imposed on the permit in accordance with regulation 4F; or (b) has included in the application for the permit information that the permit holder knew was false or misleading in a material respect at the time the application was made. (2) The Minister may, subject to regulation 4M, do one or more of the following - (a) order the permit holder to pay a monetary penalty not exceeding $ 5 000; (b) cancel the permit; (c) disqualify the permit holder from holding or applying for a permit for such period, not exceeding 3 years from the date of the decision to disqualify, as the Minister thinks fit.” (8) Not applicable. (9) The 18 months disqualification period was imposed having taken into account the nature of the offence and the submission made by the individual. (10) Not applicable. (11) No. (12) Not applicable.
(5) Mr John Burnside. (6) Not applicable. (7) Regulation 4L of the Mining Regulation 1981 provides: “(1) This regulation applies if the Minister is satisfied that a permit holder - (a) has contravened a condition referred to in section 20A(5) or imposed on the permit in accordance with regulation 4F; or (b) has included in the application for the permit information that the permit holder knew was false or misleading in a material respect at the time the application was made. (2) The Minister may, subject to regulation 4M, do one or more of the following - (a) order the permit holder to pay a monetary penalty not exceeding $ 5 000; (b) cancel the permit; (c) disqualify the permit holder from holding or applying for a permit for such period, not exceeding 3 years from the date of the decision to disqualify, as the Minister thinks fit.” (8) Not applicable. (9) The 18 months disqualification period was imposed having taken into account the nature of the offence and the submission made by the individual. (10) Not applicable. (11) No. (12) Not applicable.
(6) Not applicable. (7) Regulation 4L of the Mining Regulation 1981 provides: “(1) This regulation applies if the Minister is satisfied that a permit holder - (a) has contravened a condition referred to in section 20A(5) or imposed on the permit in accordance with regulation 4F; or (b) has included in the application for the permit information that the permit holder knew was false or misleading in a material respect at the time the application was made. (2) The Minister may, subject to regulation 4M, do one or more of the following - (a) order the permit holder to pay a monetary penalty not exceeding $ 5 000; (b) cancel the permit; (c) disqualify the permit holder from holding or applying for a permit for such period, not exceeding 3 years from the date of the decision to disqualify, as the Minister thinks fit.” (8) Not applicable. (9) The 18 months disqualification period was imposed having taken into account the nature of the offence and the submission made by the individual. (10) Not applicable. (11) No. (12) Not applicable.
(7) Regulation 4L of the Mining Regulation 1981 provides: “(1) This regulation applies if the Minister is satisfied that a permit holder - (a) has contravened a condition referred to in section 20A(5) or imposed on the permit in accordance with regulation 4F; or (b) has included in the application for the permit information that the permit holder knew was false or misleading in a material respect at the time the application was made. (2) The Minister may, subject to regulation 4M, do one or more of the following - (a) order the permit holder to pay a monetary penalty not exceeding $ 5 000; (b) cancel the permit; (c) disqualify the permit holder from holding or applying for a permit for such period, not exceeding 3 years from the date of the decision to disqualify, as the Minister thinks fit.” (8) Not applicable. (9) The 18 months disqualification period was imposed having taken into account the nature of the offence and the submission made by the individual. (10) Not applicable. (11) No. (12) Not applicable.
“(1) This regulation applies if the Minister is satisfied that a permit holder - (a) has contravened a condition referred to in section 20A(5) or imposed on the permit in accordance with regulation 4F; or (b) has included in the application for the permit information that the permit holder knew was false or misleading in a material respect at the time the application was made. (2) The Minister may, subject to regulation 4M, do one or more of the following - (a) order the permit holder to pay a monetary penalty not exceeding $ 5 000; (b) cancel the permit; (c) disqualify the permit holder from holding or applying for a permit for such period, not exceeding 3 years from the date of the decision to disqualify, as the Minister thinks fit.” (8) Not applicable. (9) The 18 months disqualification period was imposed having taken into account the nature of the offence and the submission made by the individual. (10) Not applicable. (11) No. (12) Not applicable.
(a) has contravened a condition referred to in section 20A(5) or imposed on the permit in accordance with regulation 4F; or (b) has included in the application for the permit information that the permit holder knew was false or misleading in a material respect at the time the application was made. (2) The Minister may, subject to regulation 4M, do one or more of the following - (a) order the permit holder to pay a monetary penalty not exceeding $ 5 000; (b) cancel the permit; (c) disqualify the permit holder from holding or applying for a permit for such period, not exceeding 3 years from the date of the decision to disqualify, as the Minister thinks fit.” (8) Not applicable. (9) The 18 months disqualification period was imposed having taken into account the nature of the offence and the submission made by the individual. (10) Not applicable. (11) No. (12) Not applicable.
(b) has included in the application for the permit information that the permit holder knew was false or misleading in a material respect at the time the application was made. (2) The Minister may, subject to regulation 4M, do one or more of the following - (a) order the permit holder to pay a monetary penalty not exceeding $ 5 000; (b) cancel the permit; (c) disqualify the permit holder from holding or applying for a permit for such period, not exceeding 3 years from the date of the decision to disqualify, as the Minister thinks fit.” (8) Not applicable. (9) The 18 months disqualification period was imposed having taken into account the nature of the offence and the submission made by the individual. (10) Not applicable. (11) No. (12) Not applicable.
(2) The Minister may, subject to regulation 4M, do one or more of the following - (a) order the permit holder to pay a monetary penalty not exceeding $ 5 000; (b) cancel the permit; (c) disqualify the permit holder from holding or applying for a permit for such period, not exceeding 3 years from the date of the decision to disqualify, as the Minister thinks fit.” (8) Not applicable. (9) The 18 months disqualification period was imposed having taken into account the nature of the offence and the submission made by the individual. (10) Not applicable. (11) No. (12) Not applicable.
(a) order the permit holder to pay a monetary penalty not exceeding $ 5 000; (b) cancel the permit; (c) disqualify the permit holder from holding or applying for a permit for such period, not exceeding 3 years from the date of the decision to disqualify, as the Minister thinks fit.” (8) Not applicable. (9) The 18 months disqualification period was imposed having taken into account the nature of the offence and the submission made by the individual. (10) Not applicable. (11) No. (12) Not applicable.
(b) cancel the permit; (c) disqualify the permit holder from holding or applying for a permit for such period, not exceeding 3 years from the date of the decision to disqualify, as the Minister thinks fit.” (8) Not applicable. (9) The 18 months disqualification period was imposed having taken into account the nature of the offence and the submission made by the individual. (10) Not applicable. (11) No. (12) Not applicable.
(c) disqualify the permit holder from holding or applying for a permit for such period, not exceeding 3 years from the date of the decision to disqualify, as the Minister thinks fit.” (8) Not applicable. (9) The 18 months disqualification period was imposed having taken into account the nature of the offence and the submission made by the individual. (10) Not applicable. (11) No. (12) Not applicable.
(8) Not applicable. (9) The 18 months disqualification period was imposed having taken into account the nature of the offence and the submission made by the individual. (10) Not applicable. (11) No. (12) Not applicable.
(9) The 18 months disqualification period was imposed having taken into account the nature of the offence and the submission made by the individual. (10) Not applicable. (11) No. (12) Not applicable.
(10) Not applicable. (11) No. (12) Not applicable.
(11) No. (12) Not applicable.
(12) Not applicable.
(2) Not applicable. (3) The nature of the offence and submissions from the individual were taken into account in determining the penalty. (4) Not applicable. (5) Mr John Burnside. (6) Not applicable. (7) Regulation 4L of the Mining Regulation 1981 provides: “(1) This regulation applies if the Minister is satisfied that a permit holder - (a) has contravened a condition referred to in section 20A(5) or imposed on the permit in accordance with regulation 4F; or (b) has included in the application for the permit information that the permit holder knew was false or misleading in a material respect at the time the application was made. (2) The Minister may, subject to regulation 4M, do one or more of the following - (a) order the permit holder to pay a monetary penalty not exceeding $ 5 000; (b) cancel the permit; (c) disqualify the permit holder from holding or applying for a permit for such period, not exceeding 3 years from the date of the decision to disqualify, as the Minister thinks fit.” (8) Not applicable. (9) The 18 months disqualification period was imposed having taken into account the nature of the offence and the submission made by the individual. (10) Not applicable. (11) No. (12) Not applicable.
(3) The nature of the offence and submissions from the individual were taken into account in determining the penalty. (4) Not applicable. (5) Mr John Burnside. (6) Not applicable. (7) Regulation 4L of the Mining Regulation 1981 provides: “(1) This regulation applies if the Minister is satisfied that a permit holder - (a) has contravened a condition referred to in section 20A(5) or imposed on the permit in accordance with regulation 4F; or (b) has included in the application for the permit information that the permit holder knew was false or misleading in a material respect at the time the application was made. (2) The Minister may, subject to regulation 4M, do one or more of the following - (a) order the permit holder to pay a monetary penalty not exceeding $ 5 000; (b) cancel the permit; (c) disqualify the permit holder from holding or applying for a permit for such period, not exceeding 3 years from the date of the decision to disqualify, as the Minister thinks fit.” (8) Not applicable. (9) The 18 months disqualification period was imposed having taken into account the nature of the offence and the submission made by the individual. (10) Not applicable. (11) No. (12) Not applicable.
(4) Not applicable. (5) Mr John Burnside. (6) Not applicable. (7) Regulation 4L of the Mining Regulation 1981 provides: “(1) This regulation applies if the Minister is satisfied that a permit holder - (a) has contravened a condition referred to in section 20A(5) or imposed on the permit in accordance with regulation 4F; or (b) has included in the application for the permit information that the permit holder knew was false or misleading in a material respect at the time the application was made. (2) The Minister may, subject to regulation 4M, do one or more of the following - (a) order the permit holder to pay a monetary penalty not exceeding $ 5 000; (b) cancel the permit; (c) disqualify the permit holder from holding or applying for a permit for such period, not exceeding 3 years from the date of the decision to disqualify, as the Minister thinks fit.” (8) Not applicable. (9) The 18 months disqualification period was imposed having taken into account the nature of the offence and the submission made by the individual. (10) Not applicable. (11) No. (12) Not applicable.
(5) Mr John Burnside. (6) Not applicable. (7) Regulation 4L of the Mining Regulation 1981 provides: “(1) This regulation applies if the Minister is satisfied that a permit holder - (a) has contravened a condition referred to in section 20A(5) or imposed on the permit in accordance with regulation 4F; or (b) has included in the application for the permit information that the permit holder knew was false or misleading in a material respect at the time the application was made. (2) The Minister may, subject to regulation 4M, do one or more of the following - (a) order the permit holder to pay a monetary penalty not exceeding $ 5 000; (b) cancel the permit; (c) disqualify the permit holder from holding or applying for a permit for such period, not exceeding 3 years from the date of the decision to disqualify, as the Minister thinks fit.” (8) Not applicable. (9) The 18 months disqualification period was imposed having taken into account the nature of the offence and the submission made by the individual. (10) Not applicable. (11) No. (12) Not applicable.
(6) Not applicable. (7) Regulation 4L of the Mining Regulation 1981 provides: “(1) This regulation applies if the Minister is satisfied that a permit holder - (a) has contravened a condition referred to in section 20A(5) or imposed on the permit in accordance with regulation 4F; or (b) has included in the application for the permit information that the permit holder knew was false or misleading in a material respect at the time the application was made. (2) The Minister may, subject to regulation 4M, do one or more of the following - (a) order the permit holder to pay a monetary penalty not exceeding $ 5 000; (b) cancel the permit; (c) disqualify the permit holder from holding or applying for a permit for such period, not exceeding 3 years from the date of the decision to disqualify, as the Minister thinks fit.” (8) Not applicable. (9) The 18 months disqualification period was imposed having taken into account the nature of the offence and the submission made by the individual. (10) Not applicable. (11) No. (12) Not applicable.
(7) Regulation 4L of the Mining Regulation 1981 provides: “(1) This regulation applies if the Minister is satisfied that a permit holder - (a) has contravened a condition referred to in section 20A(5) or imposed on the permit in accordance with regulation 4F; or (b) has included in the application for the permit information that the permit holder knew was false or misleading in a material respect at the time the application was made. (2) The Minister may, subject to regulation 4M, do one or more of the following - (a) order the permit holder to pay a monetary penalty not exceeding $ 5 000; (b) cancel the permit; (c) disqualify the permit holder from holding or applying for a permit for such period, not exceeding 3 years from the date of the decision to disqualify, as the Minister thinks fit.” (8) Not applicable. (9) The 18 months disqualification period was imposed having taken into account the nature of the offence and the submission made by the individual. (10) Not applicable. (11) No. (12) Not applicable.
“(1) This regulation applies if the Minister is satisfied that a permit holder - (a) has contravened a condition referred to in section 20A(5) or imposed on the permit in accordance with regulation 4F; or (b) has included in the application for the permit information that the permit holder knew was false or misleading in a material respect at the time the application was made. (2) The Minister may, subject to regulation 4M, do one or more of the following - (a) order the permit holder to pay a monetary penalty not exceeding $ 5 000; (b) cancel the permit; (c) disqualify the permit holder from holding or applying for a permit for such period, not exceeding 3 years from the date of the decision to disqualify, as the Minister thinks fit.” (8) Not applicable. (9) The 18 months disqualification period was imposed having taken into account the nature of the offence and the submission made by the individual. (10) Not applicable. (11) No. (12) Not applicable.
(a) has contravened a condition referred to in section 20A(5) or imposed on the permit in accordance with regulation 4F; or (b) has included in the application for the permit information that the permit holder knew was false or misleading in a material respect at the time the application was made. (2) The Minister may, subject to regulation 4M, do one or more of the following - (a) order the permit holder to pay a monetary penalty not exceeding $ 5 000; (b) cancel the permit; (c) disqualify the permit holder from holding or applying for a permit for such period, not exceeding 3 years from the date of the decision to disqualify, as the Minister thinks fit.” (8) Not applicable. (9) The 18 months disqualification period was imposed having taken into account the nature of the offence and the submission made by the individual. (10) Not applicable. (11) No. (12) Not applicable.
(b) has included in the application for the permit information that the permit holder knew was false or misleading in a material respect at the time the application was made. (2) The Minister may, subject to regulation 4M, do one or more of the following - (a) order the permit holder to pay a monetary penalty not exceeding $ 5 000; (b) cancel the permit; (c) disqualify the permit holder from holding or applying for a permit for such period, not exceeding 3 years from the date of the decision to disqualify, as the Minister thinks fit.” (8) Not applicable. (9) The 18 months disqualification period was imposed having taken into account the nature of the offence and the submission made by the individual. (10) Not applicable. (11) No. (12) Not applicable.
(2) The Minister may, subject to regulation 4M, do one or more of the following - (a) order the permit holder to pay a monetary penalty not exceeding $ 5 000; (b) cancel the permit; (c) disqualify the permit holder from holding or applying for a permit for such period, not exceeding 3 years from the date of the decision to disqualify, as the Minister thinks fit.” (8) Not applicable. (9) The 18 months disqualification period was imposed having taken into account the nature of the offence and the submission made by the individual. (10) Not applicable. (11) No. (12) Not applicable.
(a) order the permit holder to pay a monetary penalty not exceeding $ 5 000; (b) cancel the permit; (c) disqualify the permit holder from holding or applying for a permit for such period, not exceeding 3 years from the date of the decision to disqualify, as the Minister thinks fit.” (8) Not applicable. (9) The 18 months disqualification period was imposed having taken into account the nature of the offence and the submission made by the individual. (10) Not applicable. (11) No. (12) Not applicable.
(b) cancel the permit; (c) disqualify the permit holder from holding or applying for a permit for such period, not exceeding 3 years from the date of the decision to disqualify, as the Minister thinks fit.” (8) Not applicable. (9) The 18 months disqualification period was imposed having taken into account the nature of the offence and the submission made by the individual. (10) Not applicable. (11) No. (12) Not applicable.
(c) disqualify the permit holder from holding or applying for a permit for such period, not exceeding 3 years from the date of the decision to disqualify, as the Minister thinks fit.” (8) Not applicable. (9) The 18 months disqualification period was imposed having taken into account the nature of the offence and the submission made by the individual. (10) Not applicable. (11) No. (12) Not applicable.
(8) Not applicable. (9) The 18 months disqualification period was imposed having taken into account the nature of the offence and the submission made by the individual. (10) Not applicable. (11) No. (12) Not applicable.
(9) The 18 months disqualification period was imposed having taken into account the nature of the offence and the submission made by the individual. (10) Not applicable. (11) No. (12) Not applicable.
(10) Not applicable. (11) No. (12) Not applicable.
(11) No. (12) Not applicable.
(12) Not applicable.
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