Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) Subject to this
regulation, an approved surveyor shall carry out a mining survey in respect
of —
(a) a
tenement other than an exploration licence so as to conform with —
(i)
the land indicated by the applicant in marking out that
tenement; and
(ii)
the prescribed shape referred to in section 105(1)
of the Act;
or
(b) an
exploration licence or an application therefor to conform with the substance
of the description thereof.
(2) If, in the case of
an application for a tenement other than an exploration licence, an adjustment
made to achieve conformity under subregulation (1) would affect adjoining
interests, the approved surveyor concerned shall survey the relevant tenement
as strictly in accordance with its marking out as the circumstances permit.
(3) If an approved
surveyor finds that a tenement being surveyed by him encroaches on another
tenement having priority in application over the first‑mentioned
tenement, the approved surveyor shall excise from the area of the
first‑mentioned tenement the area of that encroachment.
(4) The Director shall
provide an approved surveyor with details relating to priority of adjoining
tenements, for the purposes of complying with subregulation (3), when
requested to do so by the approved surveyor.
[Regulation 120 inserted in Gazette
30 May 1986 p. 1840; amended in Gazette 21 Jun 1991
p. 3057.]