Western Australian Current Regulations Western Australian Current Regulations (1) This regulation
does not apply to a mine where only exploration operations will be carried
out.
(2) No later than
45 days before the day on which mining operations commence at the mine,
the person who is the prospective mine operator of the mine must give the
regulator a notice (a mining commencement notice ) about the commencement of
the mining operations that —
(a) is
in, and includes information required by, an approved form; and
(b) is
given in the manner approved by the regulator; and
(c)
includes the following matters —
(i)
that mining operations will commence at the mine;
(ii)
a description of the mining operations;
(iii)
any information or document relating to the mining
operations that the regulator requires in an approved form and in a manner
approved by the regulator.
(3) If a person gives
a mining commencement notice to the regulator under subregulation (2),
the regulator must give the person a notice acknowledging receipt of the
notice.
(4) The person who
becomes the mine operator of a mine when mining operations commence at the
mine commits an offence if the mining operations commence without the person
having complied with subregulation (2).
Penalty for this subregulation:
(a) for
an individual, a fine of $4 200;
(b) for
a body corporate, a fine of $21 000.
(5) A person does not
commit an offence under subregulation (4) if —
(a) the
person gives a mining commencement notice before the mining operations
commence at the mine; and
(b) the
regulator is satisfied that —
(i)
the mine is, or will be when the mining operations
commence, a very small mine; and
(ii)
it is reasonable in the circumstances for the person to
give the mining commencement notice after the due date specified in
subregulation (2).
(6) If the regulator
makes a decision under subregulation (5)(b), the regulator must give the
person a written notice —
(a)
acknowledging receipt of the mining commencement notice; and
(b)
stating the regulator’s decision under subregulation (5)(b) and the
effect of the decision.