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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Approvals and Related Reforms (No. 2)
(Mining) Bill 2009
CONTENTS
Part 1 -- Preliminary matters
1. Short title 2
2. Commencement 2
Part 2 -- Mine closure plans, and
other measures to minimise
damage to land, under Mining
Act 1978
3. Act amended 3
4. Section 6 amended 3
5. Section 46A amended 3
6. Section 63AA amended 3
7. Section 70I amended 4
8. Section 70O amended 4
9. Section 82 amended 5
10. Section 84AA inserted 5
84AA. Review of mine closure plans 5
11. Section 84 amended 6
12. Section 123 amended 6
Part 3 -- Lodgment of documents
under Mining Act 1978
13. Act amended 7
14. Section 8 amended 7
15. Section 20A amended 7
16. Section 41 amended 7
17. Section 42 amended 8
102--1 page i
Approvals and Related Reforms (No. 2) (Mining) Bill 2009
Contents
18. Section 51 amended 8
19. Section 52 amended 8
20. Section 56A amended 8
21. Section 58 amended 8
22. Section 59 amended 9
23. Section 60 amended 9
24. Section 67A amended 9
25. Section 68 amended 10
26. Section 70 amended 10
27. Section 70C amended 10
28. Section 70D amended 11
29. Section 70F amended 11
30. Section 70H amended 12
31. Section 74 amended 12
32. Section 75 amended 13
33. Section 82 amended 13
34. Section 84A amended 13
35. Section 97A amended 13
36. Section 105A amended 14
37. Section 115A amended 15
38. Section 115B amended 15
39. Section 122A amended 15
40. Section 123 amended 16
41. Section 136 amended 16
42. Section 162 amended 16
43. Second Schedule clause 13 amended 17
page ii
Western Australia
LEGISLATIVE COUNCIL
Approvals and Related Reforms (No. 2)
(Mining) Bill 2009
A Bill for
An Act to amend the Mining Act 1978 and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Approvals and Related Reforms (No. 2) (Mining) Bill 2009
Part 1 Preliminary matters
s. 1
1 Part 1 -- Preliminary matters
2 1. Short title
3 This is the Approvals and Related Reforms (No. 2) (Mining)
4 Act 2009.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) Part 1 -- on the day on which this Act receives the
8 Royal Assent;
9 (b) the rest of the Act -- on a day fixed by proclamation,
10 and different days may be fixed for different provisions.
page 2
Approvals and Related Reforms (No. 2) (Mining) Bill 2009
Mine closure plans, and other measures to minimise damage Part 2
to land, under Mining Act 1978
s. 3
1 Part 2 -- Mine closure plans, and other measures to
2 minimise damage to land, under Mining Act 1978
3 3. Act amended
4 This Part amends the Mining Act 1978.
5 4. Section 6 amended
6 After section 6(2) insert:
7
8 (3) Whenever a provision of the Contaminated Sites
9 Act 2003 is inconsistent with a provision of this Act or
10 a mining tenement, the provision of the Contaminated
11 Sites Act 2003 prevails.
12
13 5. Section 46A amended
14 In section 46A(1):
15 (a) delete "natural surface of the";
16 (b) after "anything on" insert:
17
18 or below
19
20 6. Section 63AA amended
21 In section 63AA(1):
22 (a) delete "natural surface of the";
23 (b) after "anything on" insert:
24
25 or below
26
page 3
Approvals and Related Reforms (No. 2) (Mining) Bill 2009
Part 2 Mine closure plans, and other measures to minimise damage
to land, under Mining Act 1978
s. 7
1 7. Section 70I amended
2 In section 70I(1):
3 (a) delete "natural surface of the";
4 (b) after "anything on" insert:
5
6 or below
7
8 8. Section 70O amended
9 (1) In section 70O(1) insert in alphabetical order:
10
11 mine closure plan means a document that --
12 (a) is in the form required by the guidelines; and
13 (b) contains information of the kind required by the
14 guidelines about the decommissioning of each
15 proposed mine, and the rehabilitation of the
16 land, in respect of which a mining lease is
17 sought or granted, as the case requires;
18 relevant mining proposal, in relation to a mining lease,
19 means --
20 (a) a mining proposal that accompanied the
21 application for the mining lease under
22 section 74(1)(ca); or
23 (b) a mining proposal for which there is approval
24 as described in section 82A(2)(b).
25 (2) In section 70O(1) in the definition of mining proposal:
26 (a) in paragraph (b) delete "requires;" and insert:
27
28 requires; and
29
page 4
Approvals and Related Reforms (No. 2) (Mining) Bill 2009
Mine closure plans, and other measures to minimise damage Part 2
to land, under Mining Act 1978
s. 9
1 (b) after paragraph (b) insert:
2
3 (c) contains a mine closure plan;
4
5 9. Section 82 amended
6 (1) After section 82(1)(f) insert:
7
8 (ga) in accordance with section 84AA --
9 (i) review the mine closure plan contained
10 in a relevant mining proposal; and
11 (ii) obtain the written approval for the
12 reviewed mine closure plan from a
13 prescribed official;
14
15 (2) Delete section 82(1a).
16 10. Section 84AA inserted
17 After section 83 insert:
18
19 84AA. Review of mine closure plans
20 (1) The lessee of a mining lease must ensure that the mine
21 closure plan contained in a relevant mining proposal is
22 reviewed --
23 (a) in the case of a mining proposal that
24 accompanied the application for the mining
25 lease under section 74(1)(ca), no later than
26 3 years after the lease is granted; or
27 (b) in the case of a mining proposal for which there
28 is approval as described in section 82A(2)(b),
29 no later than 3 years after the approval; or
page 5
Approvals and Related Reforms (No. 2) (Mining) Bill 2009
Part 2 Mine closure plans, and other measures to minimise damage
to land, under Mining Act 1978
s. 11
1 (c) no later than such other time as is approved in
2 writing by a prescribed official.
3 (2) The lessee of a mining lease must ensure that a mine
4 closure plan is reviewed no later than --
5 (a) 3 years after its most recent review; or
6 (b) such other time as is approved in writing by a
7 prescribed official.
8 (3) The lessee of a mining lease must ensure that a
9 reviewed mine closure plan is lodged, for the approval
10 of a prescribed official, in the prescribed manner and
11 within the prescribed time.
12
13 11. Section 84 amended
14 In section 84(1):
15 (a) delete "natural surface of the";
16 (b) after "anything on" insert:
17
18 or below
19
20 12. Section 123 amended
21 In section 123(4)(b) delete "natural surface of the".
page 6
Approvals and Related Reforms (No. 2) (Mining) Bill 2009
Lodgment of documents under Mining Act 1978 Part 3
s. 13
1 Part 3 -- Lodgment of documents under Mining
2 Act 1978
3 13. Act amended
4 This Part amends the Mining Act 1978.
5 14. Section 8 amended
6 In section 8(1) delete the definition of the office of the mining
7 registrar.
8 15. Section 20A amended
9 In section 20A(3):
10 (a) in paragraph (b) delete "at the office of the mining
11 registrar or the principal office of the Department at
12 Perth; and" and insert:
13
14 in the prescribed manner; and
15
16 (b) after paragraph (a) insert:
17
18 and
19
20 16. Section 41 amended
21 In section 41(1):
22 (a) in paragraph (e) delete "at the office of the mining
23 registrar;" and insert:
24
25 in the prescribed manner; and
26
27 (b) after each of paragraphs (a), (b) and (c) insert:
28
29 and
30
page 7
Approvals and Related Reforms (No. 2) (Mining) Bill 2009
Part 3 Lodgment of documents under Mining Act 1978
s. 17
1 17. Section 42 amended
2 In section 42(1) delete "at the office of the mining registrar".
3 18. Section 51 amended
4 In section 51 delete "with the Department at Perth".
5 19. Section 52 amended
6 (1) In section 52(1) delete "at the office of the mining registrar" and
7 insert:
8
9 in the prescribed manner and
10
11 (2) In section 52(1a) delete "lodge at the office of the mining
12 registrar or the Department at Perth," and insert:
13
14 lodge, in the prescribed manner and
15
16 20. Section 56A amended
17 In section 56A(5a) delete "period, lodge at the office of the
18 mining registrar" and insert:
19
20 period and in the prescribed manner, lodge
21
22 21. Section 58 amended
23 (1) In section 58(1):
24 (a) in paragraph (d) delete "at the office of the mining
25 registrar; and" and insert:
26
27 in the prescribed manner; and
28
page 8
Approvals and Related Reforms (No. 2) (Mining) Bill 2009
Lodgment of documents under Mining Act 1978 Part 3
s. 22
1 (b) after each of paragraphs (a), (b) and (c) insert:
2
3 and
4
5 (c) in paragraph (b) after each of subparagraphs (i) and (ii)
6 insert:
7
8 and
9
10 (2) Delete section 58(1a).
11 22. Section 59 amended
12 In section 59(1) delete "at the office of the mining registrar".
13 23. Section 60 amended
14 (1) In section 60(1) delete "lodge at the office of the mining
15 registrar" and insert:
16
17 lodge, in the prescribed manner and
18
19 (2) In section 60(1a) delete "lodge at the office of the mining
20 registrar or the Department at Perth," and insert:
21
22 lodge, in the prescribed manner and
23
24 24. Section 67A amended
25 In section 67A(6a)(c) delete "at the office of the mining
26 registrar." and insert:
27
28 in the prescribed manner.
29
page 9
Approvals and Related Reforms (No. 2) (Mining) Bill 2009
Part 3 Lodgment of documents under Mining Act 1978
s. 25
1 25. Section 68 amended
2 In section 68(3) delete "with the Department at Perth".
3 26. Section 70 amended
4 In section 70(5a) delete "period, lodge at the office of the
5 mining registrar" and insert:
6
7 period and in the prescribed manner, lodge
8
9 27. Section 70C amended
10 (1) In section 70C(1):
11 (a) in paragraph (d) delete "at the office of the mining
12 registrar;" and insert:
13
14 in the prescribed manner; and
15
16 (b) in paragraph (e)(ii) delete "work; and" and insert:
17
18 work.
19
20 (c) delete paragraph (f);
21 (d) after each of paragraphs (a), (b) and (c) insert:
22
23 and
24
page 10
Approvals and Related Reforms (No. 2) (Mining) Bill 2009
Lodgment of documents under Mining Act 1978 Part 3
s. 28
1 (2) After section 70C(1) insert:
2
3 (2A) An applicant is to lodge within the prescribed time and
4 in the prescribed manner a statutory declaration made
5 by the applicant to the effect that --
6 (a) there is an identified mineral resource in the
7 area in respect of which the licence is sought;
8 and
9 (b) mining of that identified mineral resource is for
10 the time being impracticable for one or more of
11 the reasons referred to in subsection (2) (that
12 reason or those reasons being set out in the
13 statutory declaration).
14
15 (3) In section 70C(2) delete "(1)(f)(ii)" and insert:
16
17 (2A)(b)
18
19 28. Section 70D amended
20 In section 70D(1) delete "at the office of the mining registrar".
21 29. Section 70F amended
22 (1) In section 70F(1) delete "lodge at the office of the mining
23 registrar," and insert:
24
25 lodge, in the prescribed manner and
26
page 11
Approvals and Related Reforms (No. 2) (Mining) Bill 2009
Part 3 Lodgment of documents under Mining Act 1978
s. 30
1 (2) In section 70F(2) delete "lodge at the office of the mining
2 registrar or the Department at Perth," and insert:
3
4 lodge, in the prescribed manner and
5
6 30. Section 70H amended
7 In section 70H(1)(f) delete "lodge with the Department at Perth"
8 and insert:
9
10 lodge, in the prescribed manner,
11
12 31. Section 74 amended
13 (1) In section 74(1):
14 (a) in paragraph (d) delete "at the office of the mining
15 registrar." and insert:
16
17 in the prescribed manner.
18
19 (b) after each of paragraphs (a), (b) and (c) insert:
20
21 and
22
23 (2) After section 74(1) insert:
24
25 (1AA) Instead of accompanying an application for a mining
26 lease under subsection (1)(ca), a mining proposal may
27 be lodged within the prescribed time and in the
28 prescribed manner and, if so lodged, is to be treated for
29 the purposes of this Division as a mining proposal that
30 accompanied the application for the mining lease under
31 section 74(1)(ca).
32
page 12
Approvals and Related Reforms (No. 2) (Mining) Bill 2009
Lodgment of documents under Mining Act 1978 Part 3
s. 32
1 32. Section 75 amended
2 In section 75(1) delete "at the office of the mining registrar".
3 33. Section 82 amended
4 In section 82(1)(e) delete "lodge with the Department at Perth"
5 and insert:
6
7 lodge, in the prescribed manner,
8
9 34. Section 84A amended
10 (1) In section 84A(1) delete "lodge at the office of the mining
11 registrar," and insert:
12
13 lodge, in the prescribed manner and
14
15 (2) In section 84A(2) delete "lodge at the office of the mining
16 registrar or the Department at Perth," and insert:
17
18 lodge, in the prescribed manner and
19
20 35. Section 97A amended
21 (1) In section 97A(3):
22 (a) in paragraph (b) delete "at the office of the mining
23 registrar; and" and insert:
24
25 in the prescribed manner; and
26
page 13
Approvals and Related Reforms (No. 2) (Mining) Bill 2009
Part 3 Lodgment of documents under Mining Act 1978
s. 36
1 (b) after paragraph (a) insert:
2
3 and
4
5 (2) In section 97A(6) delete "at the office of the mining registrar".
6 36. Section 105A amended
7 (1) In section 105A(3):
8 (a) delete "same time," and insert:
9
10 same time or within a prescribed period,
11
12 (b) delete "at the office of the mining registrar" and insert:
13
14 in the prescribed manner and
15
16 (2) In section 105A(4)(a) delete "at the office of the mining
17 registrar;" and insert:
18
19 in the prescribed manner;
20
21 (3) In section 105A(4)(b):
22 (a) in subparagraph (ia) delete "at the office of the mining
23 registrar;" and insert:
24
25 in the prescribed manner;
26
27 (b) in subparagraph (ii) delete "at the office of the mining
28 registrar;" and insert:
29
30 in the prescribed manner;
31
page 14
Approvals and Related Reforms (No. 2) (Mining) Bill 2009
Lodgment of documents under Mining Act 1978 Part 3
s. 37
1 37. Section 115A amended
2 In section 115A(3) delete "with the Department at Perth" and
3 insert:
4
5 in the prescribed manner
6
7 38. Section 115B amended
8 In section 115B(2) delete "with the Department at Perth" and
9 insert:
10
11 in the prescribed manner and
12
13 39. Section 122A amended
14 (1) In section 122A(1) delete "lodge at the Department at Perth or
15 at the office of the mining registrar --" and insert:
16
17 lodge --
18
19 (2) In section 122A(2) delete "at the Department at Perth or at the
20 office of the mining registrar".
21 (3) In section 122A(3):
22 (a) after paragraph (a) insert:
23
24 (ba) be lodged in the prescribed manner; and
25
26 (b) after each of paragraphs (a), (b) and (c) insert:
27
28 and
29
page 15
Approvals and Related Reforms (No. 2) (Mining) Bill 2009
Part 3 Lodgment of documents under Mining Act 1978
s. 40
1 40. Section 123 amended
2 In section 123(3)(a) delete "lodged at the office of the mining
3 registrar and".
4 41. Section 136 amended
5 After section 136(2) insert:
6
7 (3) The rules of court may provide for documents to be
8 lodged with or issued by a warden's court, or served, in
9 an electronic form.
10
11 42. Section 162 amended
12 (1) After section 162(2)(d) insert:
13
14 (ea) provide for matters relating to the lodgment, in
15 electronic form, of mining tenement
16 documents;
17 (eb) provide for the time at which a mining
18 tenement document is to be taken to have been
19 lodged;
20
21 (2) In section 162(2)(ka)(v) delete "surveys with the Department;"
22 and insert:
23
24 surveys;
25
26 (3) After section 162(2)(rb) insert:
27
28 (rca) provide for documents for use in Part IV
29 proceedings to be lodged with or issued by the
30 warden, or served, in electronic form;
31
page 16
Approvals and Related Reforms (No. 2) (Mining) Bill 2009
Lodgment of documents under Mining Act 1978 Part 3
s. 43
1 (4) After section 162(2a) insert:
2
3 (3A) In subsection (2) --
4 mining tenement document means --
5 (a) an application for a mining tenement; or
6 (b) an agreement, claim, notice of objection,
7 security, or any other document, in respect of a
8 mining tenement.
9
10 43. Second Schedule clause 13 amended
11 In the Second Schedule clause 13 delete "registrar." and insert:
12
13 registrar of the mineral field or district in which the largest
14 portion of the land to which the application relates is
15 situated.
16
17
page 17
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