Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
subsection (2), where a mining tenement is forfeited under or by virtue
of section 96, 96A or 97 a person who was, immediately prior to the
forfeiture, the holder of the tenement concerned may apply for the mining
tenement to be restored to him and the forfeiture cancelled.
(2) Where the
forfeiture was occasioned by non-compliance by the holder with an expenditure
condition applicable to the tenement and results from an application made by a
person, not being a person acting on behalf of the Department,
subsection (1) does not apply.
(3) An application
under subsection (1) —
(a)
shall be in the prescribed form and made within the prescribed time; and
(b)
shall be lodged in the prescribed manner; and
(c)
shall be accompanied by the prescribed application fee,
and the applicant
shall at the request of the warden furnish such other information, or such
evidence in support thereof, as the warden may require but the warden shall
not require information or evidence relating to assays or other results of any
testing, sampling or other mining operations that the applicant may have
carried out on the land the subject of the application.
(4) Within
14 days after the lodging of such an application under
subsection (1), the applicant shall serve such notice of the application
as may be prescribed on any person who has since the forfeiture made
application for a mining tenement in respect of the land or any part of the
land to which the application relates and on such other persons as may be
prescribed.
(5) An application
under subsection (1) shall be heard by the warden on a day appointed by
him.
(6) A person who
desires to object to the granting of an application made under
subsection (1) shall lodge within the prescribed time and in the
prescribed manner a notice of objection and he may be heard by the warden in
opposition to the granting of the application.
(7) On the hearing of
an application made under subsection (1) the warden —
(a) in a
case to which section 96 applies, shall determine the application and
make such order as he thinks fit and may —
(i)
grant the application and restore the mining tenement to
the former holder; or
(ii)
grant the application and restore the mining tenement to
the former holder subject to such further or other conditions as the warden
may specify; or
(iii)
refuse the application;
and
(b) in
any other case, shall as soon as practicable thereafter transmit to the
Minister for his consideration the notes of evidence and any maps or other
documents referred to therein, and his report recommending the granting or
refusal of the application together with his reasons for the recommendation.
(8) On receipt of
notes of evidence and any maps or documents transmitted to him pursuant to
subsection (7), the Minister may grant or refuse the application for
restoration of the mining tenement, as he determines and whether the warden
recommends the granting of the application or the refusal thereof, and may
impose on a mining tenement so restored such further or other conditions as
the Minister may specify.
[Section 97A inserted by No. 100 of 1985
s. 71; amended by No. 37 of 1993 s. 26; No. 39 of 2004
s. 64; No. 12 of 2010 s. 35.]