The requirement to lodge a mining operations statement and mineralisation report contemporaneously with a mining lease application under s 74(1)(ca)(ii) of the Mining Act 1978 (WA) is not a jurisdictional precondition to the warden's power to hear and recommend. Non-compliance does not invalidate the warden's hearing or recommendations. However, a mineralisation report must be lodged at some point because without it the s 74A report cannot be prepared, which is an essential precondition to the warden's hearing. The failure to lodge a mining operations statement is not a mandatory relevant consideration for the warden. The question whether a warden's recommendation is required for the Minister's power under s 75(7) in conversion applications was left open.
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