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MINING ACT 1978 - SECT 148

MINING ACT 1978 - SECT 148

148 .         Procedure on appeal

        (1)         Where the grounds of appeal include any matter of fact, the Supreme Court may order, or the parties to the appeal may agree, that the appeal shall be by way of rehearing before a judge.

        (2)         Except as provided in subsection (1), every appeal shall be heard and determined upon the proceedings in the warden’s court.

        (3)         Upon the hearing of an appeal the notes, depositions, minutes of evidence, exhibits and other documents taken or filed in the warden’s court or copies thereof certified to be correct by the warden or mining registrar, may be used by the Supreme Court or any party to the appeal.

        (4)         Upon notice in the prescribed form being filed in the warden’s court pursuant to section 147(2), the warden’s court shall cause a copy of the judgment, determination or decision appealed from together with the documents and things referred to in subsection (3) required by the appellant for the purpose of the appeal to be transmitted to the Principal Registrar of the Supreme Court not later than 21 days after —

            (a)         in the case of original documents or things, the date of being so requested in writing by the appellant; but

            (b)         in the case of a copy document required to be certified to be correct by the warden or mining registrar and not compiled at the time of such a request in writing by the appellant, the date on which the copy was so compiled and certified,

                and shall cause the appellant to be notified of the date on which the request was complied with.

        (5)         The appellant shall, within 21 days after filing notice of appeal, apply to set down the appeal for hearing by filing in the Central Office of the Supreme Court at Perth —

            (a)         a copy of the notice of appeal; and

            (b)         a copy of any request made for the transmission of documents or things pursuant to this section.

        (5a)         Upon receipt by the Principal Registrar of the Supreme Court of a copy of the judgment, determination or decision appealed from, certified as correct by the warden, and of the documents or things and copies so requested, certified as correct by the mining registrar or the warden, the appeal shall be set down for hearing.

        (6)         The Principal Registrar of the Supreme Court shall notify forthwith the result of each appeal to the warden’s court and the warden’s court —

            (a)         shall cause the result of the appeal to be recorded; and

            (b)         shall give effect where necessary to any order or direction made or given by the appellate court thereon.

        [Section 148 amended: No. 100 of 1985 s. 105; No. 39 of 2004 s. 79 and 85.]