Western Australian Current Acts Western Australian Current Acts (1) Where the
requirements of this Act are not being complied with in respect of the
expenditure conditions applicable to an exploration licence or a mining lease,
any person may apply for the forfeiture of such licence or lease as provided
in this section.
(2) An application for
forfeiture under this section shall be made, during the expenditure year in
relation to which the requirement is not complied with or within 8 months
thereafter, in such form and manner as may be prescribed and shall be
accompanied by the prescribed fee.
(3) The application
for forfeiture shall be heard by the warden.
(4A) When the warden
finds that the holder of an exploration licence or lessee of the mining lease
has failed to comply with such requirements as are mentioned in subsection
(1), the warden may recommend the forfeiture of such licence or lease, or
impose a penalty not exceeding $10 000 as an alternative to the forfeiture or
dismiss the application.
(4B) Where a penalty
is imposed under this section the warden may award the whole amount of the
penalty or any part thereof to the applicant.
(5) A recommendation
shall not be made under subsection (4A) unless the warden is satisfied that
the non-compliance with such requirements is, in the circumstances of the
case, of sufficient gravity to justify the forfeiture.
(6) As soon as
practicable after the hearing of the application the warden shall forward to
the Minister the notes of evidence, with a report and the warden’s
recommendation, if any, on the application and the Minister may, before acting
on the recommendation, require the warden to take such further evidence or
rehear the application as the Minister directs.
(7) No exploration
licence or mining lease shall be forfeited for non-compliance by the holder or
lessee thereof with the expenditure conditions, if the holder or lessee
satisfies the Minister that the non-compliance therewith has been occasioned
by a strike.
(8) If the applicant
fails to proceed with his forfeiture application, the warden may award the
holder or lessee such sum for costs and expenses as he thinks fit.
(9) Where any penalty
imposed by a warden as an alternative to forfeiture under subsection (4A) is
not paid within the time specified by the warden, or within 30 days after the
penalty is imposed where no other time is specified, the warden shall make a
recommendation to the Minister as to whether or not the licence or lease
should be forfeited.
[Section 98 amended: No. 100 of 1985 s. 72; No. 22
of 1990 s. 30 and 38; No. 15 of 2002 s. 28; No. 39 of 2004 s. 65; No. 19 of
2010 s. 51.]