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.]