Mining Update: Significant Changes To The Rules For Proceedings Before The Warden

Part 9 of the Mining Amendment Act 2004 (WA) and Mining Amendment Regulations 2007 (WA) will commence operation on 31 March 2007.

These amendments primarily relate to the powers and procedures of the warden and are likely to have a significant impact upon the administration of the Mining Act (1978) in Western Australia.

These amendments:

• Clarify the distinction between the administrative jurisdiction of the Warden and the judicial jurisdiction of the "Warden’s Court".
• Introduce new rules for the conduct of administrative proceedings before the Warden.

Administrative proceedings which are heard by the Warden include:

• Applications for forfeiture (which were previously called ‘plaints’).