Part IV Proceedings relate to applications or objections under Part IV of the Mining Act 1978 (the Act), including applications for mining tenements, forfeiture, exemption from expenditure conditions and restoration.
Amendments to the Mining Regulations 1981, published in the Government Gazette in July 2020, allow parties appearing before the Warden in the early stages of Part IV Proceedings to be represented by either a lawyer or an agent without seeking special leave.
The amendments entitle people or commercial entities to be represented by an agent who is not a lawyer at the initial administrative stage of proceedings, known as a mention hearing, without seeking the leave of the Warden in exceptional circumstances.
Parties are still required to obtain the leave of the Warden due to exceptional circumstances to be represented by an agent who is not a lawyer at an interlocutory or substantive hearing. The leave must be sought at least 14 days before the first hearing at which the agent will represent the party.
A party wishing to be represented by either an agent or a lawyer must lodge a Notice of Representation or Change in Representation with the Warden’s Officer or Mining Registrar where the matter is being held.
