Western Australian Current Regulations Western Australian Current Regulations (1) The cost of an
Aboriginal heritage survey conducted on land which is the subject of a mining
tenement may be used in the calculation of expenditure expended on, or in
connection with, mining on the mining tenement.
(1a) The cost of an
Aboriginal heritage survey conducted on land while the land was the subject of
an application for a mining tenement may be used in the calculation of
expenditure expended on, or in connection with, mining on that mining tenement
during the first year of its term.
(2) The cost of any
rehabilitation activities carried out on land disturbed by mining operations
on a mining tenement may be used in the calculation of expenditure expended
on, or in connection with, mining on the mining tenement.
(2a) Annual tenement
rent (including the rent for the first year of the term of the mining
tenement) and local government rates relating to land which is the subject of
a mining tenement may be used in the calculation of expenditure expended on,
or in connection with, mining on the mining tenement.
(3) Administration and
land access costs relating to land which is the subject of a mining tenement
may be used in the calculation of expenditure expended on, or in connection
with, mining on the mining tenement, but only up to 20% of the minimum
commitment, or 20% of the total expenditure on the mining tenement, whichever
is the greater amount.
(3a) The cost of
cutting and polishing minerals for use as samples may be used in the
calculation of expenditure expended on, or in connection with, mining on the
mining tenement.
(3b) The cost of an
aerial survey may be used in the calculation of expenditure expended on, or in
connection with, mining on any mining tenement that is located wholly or
partly within the boundaries of the survey when those boundaries are projected
onto the surface of the Earth.
(3c) The reference in
subregulation (3b) to an aerial survey includes an aerial survey
conducted in respect of land while the land was the subject of an application
for the mining tenement concerned.
(3d) Where the cost of
an aerial survey is used in the calculation of expenditure for more than one
mining tenement, the cost is to be apportioned between the mining tenements in
such a way that the total expenditure claimed does not exceed the cost.
(3e) For the purposes
of subregulations (3b) and (3d) the cost of an aerial survey
comprises —
(a) the
cost of acquiring data, in the air and on the ground, during the period in
which the aerial survey is conducted; and
(b) the
cost of processing that data to produce fully corrected, point‑located
digital data stored on an appropriate computer‑compatible medium.
(4) The following
costs and payments cannot be used in the calculation of expenditure expended
on, or in connection with, mining on the mining tenement —
(a) the
cost of marking out mining tenements;
(b) any
costs associated with the acquisition or sale of mining tenements;
(c)
research activities not directly related to a specific tenement;
(d)
compensation payments made in respect to the mining tenement.
[Regulation 96C inserted: Gazette
11 Jun 1999 p. 2545; amended: Gazette 21 Jan 2000
p. 344; 15 Aug 2003 p. 3694; 3 Feb 2006
p. 599-600; 15 Jan 2010 p. 112; 9 Nov 2012
p. 5402.]