Western Australian Consolidated Acts Western Australian Consolidated Acts (1) An application for
an exploration licence —
(a)
shall be in the prescribed form;
(b)
shall be accompanied by a statement specifying —
(i)
the proposed method of exploration of the area in respect
of which the licence is sought;
(ii)
the details of the programme of work proposed to be
carried out in such area;
(iii)
the estimated amount of money proposed to be expended on
the exploration; and
(iv)
the technical and, subject to subsection (1aa),
financial resources available to the applicant;
(c)
shall be accompanied by the amount of the prescribed rent for the first year
of the term of the licence or portion thereof as prescribed;
(d)
shall be lodged at the office of the mining registrar; and
(e)
shall be accompanied by the prescribed application fee.
(1aa) The statement
under subsection (1)(b) does not have to specify the financial resources
available to the applicant if —
(a) the
applicant is a natural person;
(b) the
application is in respect of not more than 4 blocks; and
(c) the
statement specifies that the applicant intends to utilise his or her own
labour to carry out the programme of work referred to in
subsection (1)(b)(ii).
(1a) In order to
facilitate the operation of section 105A(3) and (4)(a) in relation to
applications for exploration licences in respect of an area that are made at
the first available opportunity after that area has been surrendered under
section 65 or has become forfeited under section 96A or 97, those
applications shall be made in accordance with a prescribed procedure and shall
be regarded as having been lodged at a time determined in accordance with the
regulations.
(2) An application
referred to in subsection (1) must identify the block or blocks applied
for by number in accordance with section 56C(4).
(2a) On an application
for an exploration licence or on an exploration licence being granted the land
affected is not thereby required to be surveyed, but where a dispute arises
with respect to the position of such land or the boundaries or any boundary
thereof the warden or Minister may require a survey to be made of the
boundaries or the boundary in order to settle the dispute.
(2b) A survey required
under subsection (2a) shall be —
(a)
arranged in accordance with the regulations; and
(b) paid
for by such party or parties to the dispute as the warden or the Minister
determines.
(3) An applicant shall
at the request of the mining registrar or warden furnish such further
information in relation to his application, or such evidence in support
thereof, as the mining registrar or warden may require but the mining
registrar or warden shall not require information or evidence relating to
assays or other results of any testing or sampling that the applicant may have
carried out on the land the subject of his application.
(4) Within the
prescribed period the applicant shall serve such notice of the application as
may be prescribed on the owner and occupier of the land to which the
application relates and on such other persons as may be prescribed.
[Section 58 amended by No. 100 of 1985
s. 39; No. 22 of 1990 s. 17; No. 37 of 1993 s. 26 and
28(1); No. 58 of 1994 s. 14; No. 15 of 2002 s. 11; No. 39
of 2004 s. 58.]