how a marble bar store ended up in a mine row , page-22

geos...

Decision Number
Vol 03 Folio 5 Date Delivered
13 May 1987 Court & Warden
Kalgoorlie - D. J. Reynolds
Tenement Numbers
M26/122 Section Reg No.
Sec. 105A Parties
Jo-Ann Horbury & Western Mining Corp Limited
Summary / Findings
Failure of a mining application to be received by Registrar when sent in time must not be looked at when deciding whether a competing application has been filed.

In relation to Western Mining Corporation perhaps some general comments at the outset would be appropriate in this case. First of all Western mining Corporationis without question is a major produce and explorer. The contribution by Western Mining Corporation to the economy in this state and in particular the Goldfields is very significant.
From my experience as a Warden. Western mining Corporation is very professional. its presentation of material put before me in my capacity as warden is usually both competent and comprehensive. Any reasonable person would hold some sympathy for Western mining Corporation in this instance. If an application is posted to the Mining Registrar that in my view having regard to the importance of an application for renewal, perhaps it would be prudent that the mining registrar be telphoned several days before the expiry day to confirm whether or not the application for renewal has been recieved, and if not then the applicant should cause an application to be delivered to the Mining registrar. Now it may be that such instances are rare but in my view a good system assumes some failures may occur and procedures should be put in place to remedy any such failures. This sort of application is a particularly important one and in my view some system could be justified to contact the mining registrar several days before the expiry date just to confirm whether or not the letter has been recieved.