The latest Warden’s Court case of Campbell v Allarrow is an example of why compliance with the Mining Act is essential. http://www.dmp.wa.gov.au/Documents/Wardens-Court/2017WAMW20.pdf
Mr Campbell failed to lodge a Form 5 (expenditure report) for an exploration licence that was automatically forfeited for non-payment of a fine. Then Allarrow Pty Ltd applied for an exploration licence over the area next day. Mr Campbell applied for restoration of his exploration licence, but failed to serve a copy on Allarrow, then applied to the Warden to serve the restoration out of time that the Warden refused.
Mr Campbell failed on a number of fronts:
– Didn’t lodge the Form 5;
– Didn’t register his change of address to receive notice of the fine;
– Failed to pay the fine on time;
– Failed to lodge notice of the restoration; and
– Failed to read the Mining Act and Regulations.
To quote Warden J O’Sullivan “he is the author by his own misfortune”.