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Statutory Declarations and Affidavits Execution (WA)

A number of Mining Act actions require the execution of a Statutory Declaration or a Affidavit, which must be made in compliance with s160 of the Mining Act which states:

An affidavit to be used in a warden’s court or before a warden or a mining registrar may be sworn before

(a) any person who, under the Oaths, Affidavits and Statutory Declarations Act 2005 , is an authorised witness for an affidavit; or

(b) a warden; or [(c)-(e) deleted]

(f) a prescribed official.

Prescribed persons before whom affidavit may be sworn under regulation 113A:

For the purposes of section 160D(f), the offices of-

(a) Executive Director; and

(b) General Manager Tenure and Native Title Branch; and

(c) Manager; and

(d) Manager Mining Information Counter,

of the Mineral Titles Division of the Department are prescribed as offices and classes of offices, so that the occupants of those offices are persons before whom affidavits to be used in a warden’s court, or to be used before a warden or a mining registrar, may be sworn.

Oaths, Affidavits and Statutory Declaration Act 2005.

Below are links to sites to comply with this requirement.

Witnessing Affidavits

Find a Justice of Peace

Witnessing Statutory Declarations

The DMP have developed a number of Proforma Affidavit forms which can be found at this link - Affidavit Proforma documents