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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE ASSEMBLY
Acts Amendment (Land Administration,
Mining and Petroleum) Bill 1998
A Bill for
An Act to amend --
· the Land Administration Act 1997;
· the Mining Act 1978;
· the Petroleum Act 1967; and
· the Petroleum (Submerged Lands) Act 1982.
The Parliament of Western Australia enacts as follows:
page 1
31 -- 1
Acts Amendment (Land Administration, Mining and Petroleum) Bill 1998
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Acts Amendment (Land
Administration, Mining and Petroleum) Act 1998.
5 2. Commencement
(1) Subject to subsections (2) and (3), this Act comes into operation
on the day on which it receives the Royal Assent.
(2) Section 4 comes into operation on the day on which Part 5 of
the Native Title (State Provisions) Act 1998 comes into
10 operation.
(3) Sections 7 and 10 come into operation on the day on which any
of Parts 3, 4 and 5 of the Native Title (State Provisions)
Act 1998 comes into operation.
page 2
Acts Amendment (Land Administration, Mining and Petroleum) Bill 1998
Land Administration Act 1997 Part 2
s. 3
Part 2 -- Land Administration Act 1997
3. The Act amended
The amendments in this Part are to the Land Administration
Act 1997*.
5 [* Act No. 30 of 1997.
For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 128, and Act No. 53 of 1997.]
4. Section 6A inserted
After section 6 the following section is inserted in Part 1 --
10 "
6A. Renewal etc. of certain tenures subject to Native
Title (State Provisions) Act 1998
(1) Where the exercise of a power under this Act to renew,
re-grant or extend a non-exclusive tenure of land is a
15 Part 5 act within the meaning of the Native Title (State
Provisions) Act 1998, the exercise of the power is
subject to section 5.3 of that Act.
(2) In subsection (1) --
"non-exclusive tenure of land" means an interest
20 under --
(a) a lease;
(b) a licence; or
(c) other authority,
that permits the use of the land but does not confer
25 a right of exclusive possession.
".
page 3
Acts Amendment (Land Administration, Mining and Petroleum) Bill 1998
Part 2 Land Administration Act 1997
s. 5
5. Section 83 replaced
Section 83 is repealed and the following section is inserted
instead --
"
5 83. Minister may transfer Crown land in fee simple and
grant leases of Crown land to or for benefit of
Aboriginal persons
(1) The Minister may for the purposes of advancing the
interests of any Aboriginal person or persons --
10 (a) transfer Crown land in fee simple; or
(b) grant a lease of Crown land, whether for a fixed
term or in perpetuity,
to that person or those persons, or to an approved body
corporate, on such conditions as the Minister thinks fit
15 in the best interests of the person or persons concerned.
(2) Subsection (1) does not limit the right of any
Aboriginal person, or a body corporate, to apply for
and acquire an interest in or the fee simple of Crown
land under any other provision of this Act.
20 (3) In subsection (1) --
"approved body corporate" means a body corporate
that the Minister is satisfied --
(a) is to hold the land or the lease in trust for the
Aboriginal persons concerned; or
25 (b) has a membership that comprises only the
Aboriginal persons concerned.
".
page 4
Acts Amendment (Land Administration, Mining and Petroleum) Bill 1998
Land Administration Act 1997 Part 2
s. 6
6. Section 152 amended
(1) Section 152(a) is amended by deleting "permissible future act
under" and inserting instead --
"
5 valid future act under sections 24MB(1)(b) and
24MD(1) of
".
(2) Section 152(b) is deleted.
7. Section 152A inserted
10 After section 152 the following section is inserted --
"
152A. This Part subject to Native Title (State Provisions)
Act 1998
Where the taking of land or an interest in land under this
15 Part is a Part 3 act, a Part 4 act or a Part 5 act within the
meaning of the Native Title (State Provisions) Act 1998,
the operation of this Part is subject to section 3.6, 4.5 or
5.3, as the case may be, of that Act.
".
20 8. Sections 153 and 154 replaced
Sections 153 and 154 are repealed and the following sections
are inserted instead --
"
153. Giving notice to native title holders where no
25 determination of native title
Where --
(a) this Act requires notice of any thing to be given
to persons who include native title holders; and
page 5
Acts Amendment (Land Administration, Mining and Petroleum) Bill 1998
Part 2 Land Administration Act 1997
s. 8
(b) there has been no approved determination of
native title within the meaning of that
expression in the NTA,
the giving of the notice in the manner provided for by
5 section 24MD(7) of the NTA satisfies the requirement
in relation to the native title holders.
154. Giving notice to native title holders if Part 2,
Division 3, Subdivision P of NTA applies
(1) This section applies if --
10 (a) interests in land are intended to be taken under
section 161 or 165; and
(b) Part 2, Division 3, Subdivision P of the NTA is
applicable to the taking by virtue of
section 26(1)(c)(iii) of the NTA.
15 (2) Where this section applies --
(a) the giving of notice in accordance with the NTA
satisfies the requirements of section 170(5)(b) of
this Act in relation to native title holders; and
(b) the service of the order and forms referred to in
20 paragraph (c) of section 177(5) of this Act in
accordance with the NTA, as if they were a
notice, satisfies the requirements of that
paragraph in relation to native title holders.
(3) In subsection (2) --
25 "in accordance with the NTA" means --
(a) if Part 3 of the Native Title (State Provisions)
Act 1998 is in operation and the taking is a
Part 3 act within the meaning of that Act, in
accordance with Division 3 of Part 3 of that
30 Act;
page 6
Acts Amendment (Land Administration, Mining and Petroleum) Bill 1998
Land Administration Act 1997 Part 2
s. 9
(b) if Part 4 of the Native Title (State Provisions)
Act 1998 is in operation and the taking is a
Part 4 act within the meaning of that Act, in
accordance with Division 3 of Part 4 of that
5 Act; or
(c) if paragraph (a) or (b) does not apply, in
accordance with section 29 of the Native
Title Act 1993 of the Commonwealth.
".
10 9. Section 155 replaced
Section 155 is repealed and the following section is inserted
instead --
"
155. Effect of taking on native title rights and interests
15 If any native title right or interest is taken under this
Part, the right or interest is extinguished to the extent
permitted by the NTA.
".
10. Section 156 amended
20 Section 156(3) is amended by inserting after "the NTA," --
" the Native Title (State Provisions) Act 1998, ".
11. Section 158 amended
Section 158(2) is amended by deleting "in accordance with
subsection (7) of section 23" and inserting instead --
25 "
in the manner provided for by subsection (7) of
section 24MD
".
page 7
Acts Amendment (Land Administration, Mining and Petroleum) Bill 1998
Part 2 Land Administration Act 1997
s. 12
12. Section 165 amended
Section 165(2) is amended by deleting "development of the
land" and inserting instead --
"
5 use or development of the land, or the doing of both of
those things,
".
13. Section 167 amended
Section 167(1)(c) is deleted and the following paragraph is
10 inserted instead --
"
(c) any compensation payable under --
(i) the Native Title (State Provisions)
Act 1998; and
15 (ii) section 24MD(2)(e) or (3)(b) of the
NTA.
".
14. Section 170 amended and transitional provision
(1) Section 170(7) is amended by inserting after "12 months" the
20 following --
" , or a longer period determined under subsection (8), ".
(2) After section 170(7) the following subsections are inserted --
"
(8) The Minister may, in respect of a particular notice of
25 intention, determine that a longer period applies for the
purposes of subsection (7).
page 8
Acts Amendment (Land Administration, Mining and Petroleum) Bill 1998
Land Administration Act 1997 Part 2
s. 15
(9) A determination under subsection (8) --
(a) must be made while the notice of intention is
current;
(b) must be notified in writing to the relevant
5 persons mentioned in subsection (5)(b) and (c);
and
(c) may be made more than once.
(10) Subsections (3) and (4) apply to a determination under
subsection (8) as if it were a notice of intention.
10 ".
(3) The application of section 170 of the Land Administration
Act 1997 as amended by this section extends to a notice of
intention, as defined in section 151 of that Act, that is current at
the commencement of this section.
15 15. Section 177 amended
(1) Section 177(1) is amended as follows:
(a) after paragraph (a) by inserting "and";
(b) in paragraph (b)(iii) by deleting the semicolon and
inserting a comma instead;
20 (c) after paragraph (b) by deleting "and";
(d) by deleting paragraph (c).
(2) Section 177(5)(a) is amended by deleting "a copy of the order"
and inserting instead --
" an extract from the order, in the approved form, ".
page 9
Acts Amendment (Land Administration, Mining and Petroleum) Bill 1998
Part 2 Land Administration Act 1997
s. 16
16. Section 180 amended
(1) After section 180(1) the following subsection is inserted --
"
(1a) As soon as possible after the registration of an order
5 under subsection (1) the Minister must cause a copy of
the order to be published once in a daily newspaper
circulating throughout the State.
".
(2) Section 180(2) is amended by deleting "(a),".
page 10
Acts Amendment (Land Administration, Mining and Petroleum) Bill 1998
Mining Act 1978 Part 3
s. 17
Part 3 -- Mining Act 1978
17. Section 125A inserted
After section 125 of the Mining Act 1978* the following section
is inserted --
5 "
125A. Liability for payment of compensation to native
title holders
(1) If compensation is payable to native title holders for or
in respect of the grant of a mining tenement, the person
10 liable to pay the compensation is --
(a) if an amount is to be paid and held in trust, the
applicant for the grant of, or the holder of, the
mining tenement at the time the amount is
required to be paid; or
15 (b) otherwise, the applicant for the grant of, or the
holder of, the mining tenement at the time a
determination of compensation is made.
(2) If, at the relevant time, there is no holder of the mining
tenement because the mining tenement has been
20 surrendered or forfeited or has expired, a reference in
subsection (1) to the holder of the mining tenement is a
reference to the holder of the mining tenement
immediately before its surrender, forfeiture or expiry.
(3) In subsection (1) --
25 "grant" includes extension or renewal;
page 11
Acts Amendment (Land Administration, Mining and Petroleum) Bill 1998
Part 3 Mining Act 1978
s. 17
"native title holders" has the same meaning as in the
Native Title Act 1993 of the Commonwealth.
".
[* Reprinted as at 27 February 1996.
5 For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, pp. 156-7 and Acts Nos. 31 of
1997, and 10 and 35 of 1998.]
page 12
Acts Amendment (Land Administration, Mining and Petroleum) Bill 1998
Petroleum Act 1967 Part 4
s. 18
Part 4 -- Petroleum Act 1967
18. Section 24A inserted
After section 24 of the Petroleum Act 1967* the following
section is inserted --
5 "
24A. Liability for payment of compensation to native
title holders
(1) If compensation is payable to native title holders for or
in respect of the grant of an authorization, the person
10 liable to pay the compensation is --
(a) if an amount is to be paid and held in trust, the
applicant for the grant of, or the holder of, the
authorization at the time the amount is required
to be paid; or
15 (b) otherwise, the applicant for the grant of, or the
holder of, the authorization at the time a
determination of compensation is made.
(2) If, at the relevant time, there is no holder of the
authorization because the authorization has been
20 surrendered or cancelled or has expired, a reference in
subsection (1) to the holder of the authorization is a
reference to the holder of the authorization
immediately before its surrender, cancellation or
expiry.
25 (3) In this section --
"authorization" means a permit, drilling reservation,
lease, licence, special prospecting authority or
access authority;
page 13
Acts Amendment (Land Administration, Mining and Petroleum) Bill 1998
Part 4 Petroleum Act 1967
s. 18
"native title holders" has the same meaning as in the
Native Title Act 1993 of the Commonwealth.
".
[* Reprinted as at 17 December 1992.
5 For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 177 and Act No. 31 of 1997.]
page 14
Acts Amendment (Land Administration, Mining and Petroleum) Bill 1998
Petroleum (Submerged Lands) Act 1982 Part 5
s. 19
Part 5 -- Petroleum (Submerged Lands) Act 1982
19. Section 124A inserted
After section 124 of the Petroleum (Submerged Lands)
Act 1982* the following section is inserted --
5 "
124A. Liability for payment of compensation to native
title holders
(1) If compensation is payable to native title holders for or
in respect of the grant of an authorization, the person
10 liable to pay the compensation is --
(a) if an amount is to be paid and held in trust, the
applicant for the grant of, or the holder of, the
authorization at the time the amount is required
to be paid; or
15 (b) otherwise, the applicant for the grant of, or the
holder of, the authorization at the time a
determination of compensation is made.
(2) If, at the relevant time, there is no holder of the
authorization because the authorization has been
20 surrendered or cancelled or has expired, a reference in
subsection (1) to the holder of the authorization is a
reference to the holder of the authorization
immediately before its surrender, cancellation or
expiry.
25 (3) In this section --
"authorization" means a permit, lease, licence,
pipeline licence, special prospecting authority or
access authority;
page 15
Acts Amendment (Land Administration, Mining and Petroleum) Bill 1998
Part 5 Petroleum (Submerged Lands) Act 1982
s. 19
"native title holders" has the same meaning as in the
Native Title Act 1993 of the Commonwealth.
".
[* Reprinted as at 24 March 1992.
5 For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 178.]
page 16
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