Western Australian Consolidated Acts

MINING ACT 1978 - SECT 42

42 .         Determination of application for prospecting licence

        (1)         A person who wishes to object to the granting of an application for a prospecting licence shall lodge at the office of the mining registrar a notice of objection within the prescribed time and in the prescribed manner.

        (2)         Where no notice of objection is lodged within the prescribed time, or any notice of objection is withdrawn, the mining registrar may —

            (a)         grant the prospecting licence if satisfied that the applicant has complied in all respects with the provisions of this Act; or

            (b)         refuse the prospecting licence if not so satisfied.

        (3)         Where a notice of objection —

            (a)         is lodged within the prescribed time; or

            (b)         is not lodged within the prescribed time but is lodged before the mining registrar has granted or refused the prospecting licence under subsection (2) and the warden is satisfied that there are reasonable grounds for late lodgment,

                and the notice of objection is not withdrawn, the warden shall hear and determine the application for the prospecting licence on a day appointed by the warden and may give any person who has lodged such a notice of objection an opportunity to be heard.

        [Section 42 inserted by No. 58 of 1994 s. 9(1); amended by No. 39 of 2004 s. 56.]