Mining Regulation 2016

(Former clause 76 of 2010 Reg)

Applications made under the Act in relation to authorisations may be lodged either in person, by facsimile, by post or electronically.

An application that is required to be lodged with the Secretary may be lodged instead with any other person to whom the Secretary delegates the function of receiving applications under the Act.

An application that is lodged in person with the Secretary or any other person nominated under this clause may be lodged on any day (other than a Saturday, Sunday or public holiday) between the hours of 9.30 am and 4.30 pm.

If an application is lodged in person, the application is presumed to have been lodged on the date and at the time on which it is received.

If an application is lodged by post, the application is presumed to have been lodged at 9.30 am on the day on which it is received.

Despite any other provision of this clause, if an application is required to be accompanied by a fee, the application is taken to have been lodged on the date determined in accordance with this clause only if the fee is paid to and received by the Department.

If an application is lodged by facsimile and the receiving facsimile machine records its receipt at a particular date and time, the application is presumed to have been lodged on the date and at the time shown on the last page of the application that is received by the facsimile.

If an application is lodged electronically, the application is presumed to have been lodged on the date and at the time determined by the relevant information system in accordance with the Electronic Transactions Act 2000.

In this clause, information system has the same meaning as in the Electronic Transactions Act 2000.

To avoid doubt, this clause does not limit or otherwise affect the Electronic Transactions Act 2000.