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Statutory Declarations and Affidavits Execution (WA)

A number of Mining Act actions require the execution of a Statutory Declaration or an Affidavit, which must be made in compliance with section 160 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.

Below are links to sites to assist in complying with the above mentioned requirements.

Oaths, Affidavits and Statutory Declaration Act 2005

Witnessing Affidavits (PDF)

Statutory Declaration (PDF)

Witnessing Statutory Declarations (PDF)

Find a Justice of Peace

DMIRS has developed a number of pro forma Affidavit forms which can be found at this link - Link to Affidavits of Compliance for different tenement application types.