Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) The holder of a
prospecting licence shall expend or cause to be expended in mining on or in
connection with mining on the licence not less than $40.00 for each hectare or
part thereof of the area of the licence with a minimum of $2 000.00
during each year of the term of the licence, but if the holder is directly
engaged part‑time or full‑time in mining on the licence itself,
then an amount equivalent to the remuneration that the holder would be
entitled to if engaged, under a contractual arrangement, in similar mining
activity elsewhere in the district shall be deemed to have been expended.
(1aa)
Subregulation (1) applies in respect of any period in which a prospecting
licence continues in force because of —
(a) an
application for a lease under section 49; or
(b) an
application for a retention licence under section 70B,
except that the amount
to be expended during that period is to be calculated on a pro rata basis for
each whole month from the last anniversary date of the commencement of the
term of the licence until the application is determined.
(1a) Expenditure
incurred under subregulation (1) during the month in which the
anniversary date of the commencement of the term of the licence occurs may be
treated by the holder as expenditure incurred in either the year immediately
preceding that anniversary date or the year starting from such date (including
any period referred to in subregulation (1aa)).
(1b) The specific
provisions in regulation 96C, relating to allowable expenditure and
non‑allowable expenditure for the purposes of calculating expenditure
under a licence, apply when calculating expenditure under this regulation.
(2) If a prospecting
licence is surrendered then a pro rata reduction of the amount to be expended
will apply in respect of each whole month from the date of surrender to the
next anniversary date of the commencement of the term of the licence.
(3) If a prospecting
licence has retention status, the amount to be expended during the year of the
term of the licence in which retention status is approved is to be calculated
on a pro rata basis for each whole month from the last anniversary date of the
commencement of the term until the end of the month in which the approval
takes effect.
(4) Despite
subregulation (1), if a prospecting licence has retention status,
expenditure is not required under this regulation during any year of the term
of the licence after the year in which retention status is approved.
[Regulation 15 amended in Gazette
16 Nov 1990 p. 5728; 31 Jul 1992 p. 3776;
11 Jun 1999 p. 2543; 18 Jun 1999 p. 2642;
17 Jan 2003 p. 110; 3 Feb 2006 p. 577.]