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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE COUNCIL
Mining Amendment Bill 2000
A Bill for
An Act to amend the Mining Act 1978.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Mining Amendment Act 2000.
page 1
149--1
Mining Amendment Bill 2000
s. 2
2. Commencement
This Act comes into operation on a day fixed by proclamation.
3. The Act amended
The amendments in this Act are to the Mining Act 1978*.
5 [* Reprinted as at 26 July 1999.
For subsequent amendments see Acts Nos. 42 and 60 of
1999.]
4. Section 20 amended
Section 20(2)(b) is amended by deleting "on Crown land (not
10 being Crown land that is the subject of a mining tenement) for"
and inserting instead --
"
on --
(i) Crown land that is not the subject of a
15 mining tenement; or
(ii) Crown land that is the subject of an
exploration licence if the holder of the
Miner's Right holds a permit to do so
under section 20A,
20 for
".
5. Sections 20A, 20B and 20C inserted
After section 20 the following sections are inserted --
"
25 20A. Permit to prospect on Crown land the subject of an
exploration licence
(1) The mining registrar or the holder of a prescribed
office in the Department may issue a permit to prospect
page 2
Mining Amendment Bill 2000
s. 5
for minerals on Crown land that is the subject of an
exploration licence to --
(a) a natural person who is the holder of a Miner's
Right; or
5 (b) 2 or 3 natural persons, each of whom is the
holder of a Miner's Right, as joint holders of
the permit.
(2) A permit cannot be issued under subsection (1) if the
applicant for the permit is already the holder of a
10 permit under this section in respect of the exploration
licence to which his or her application relates.
(3) An application for a permit --
(a) shall be made in the prescribed form;
(b) shall be lodged at the office of the mining
15 registrar or the principal office of the
Department at Perth; and
(c) shall be accompanied by the prescribed
application fee (if any).
(4) The area of land in respect of which a permit is issued
20 is to be specified in the permit in the prescribed
manner.
(5) A permit is subject to such conditions as are imposed
in accordance with the regulations and specified in the
permit.
25 (6) In addition to any conditions that may be imposed
under subsection (5) every permit is to be regarded as
having been issued subject to conditions that the holder
or each holder (in the case of joint holders) --
(a) shall not use explosives or tools, other than
30 hand tools, on the land the subject of the
permit;
(b) shall not prospect below the prescribed depth;
page 3
Mining Amendment Bill 2000
s. 5
(c) shall comply with the prescribed limits referred
to in section 20(2)(c);
(d) shall not prospect within 100 metres of any
activities that are being carried out under the
5 authority of an exploration licence; and
(e) shall not prospect on land that is the subject of
a special prospecting licence under section 70.
(7) A permit is not transferable.
20B. Power to remove Crown land from the operation of
10 section 20A
(1) The Minister may, by notice published in the Gazette,
declare that section 20A does not apply to Crown land
that is --
(a) the subject of a specified exploration licence;
15 (b) in a specified block (within the meaning of
Division 2 of Part IV); or
(c) in a specified area of the State.
(2) The Minister may, by notice published in the Gazette,
vary or cancel a notice under subsection (1).
20 (3) A notice under this section takes effect on the day on
which the notice is published in the Gazette or such
later day as is specified in the notice.
(4) A notice under this section does not affect the
operation of a permit issued under section 20A before
25 the day on which the notice takes effect.
20C. Limitation on actions in tort
(1) The holder of a permit cannot bring an action in tort
against the holder of an exploration licence for injury,
loss or damage suffered by the holder of the permit as a
30 result of --
(a) the condition of the permit land; or
page 4
Mining Amendment Bill 2000
s. 6
(b) a thing that the holder of the exploration licence
has done on the permit land under the authority
of that licence.
(2) Nothing in subsection (1)(b) prevents the bringing of
5 an action in tort if the thing was done --
(a) with the deliberate intent of causing injury, loss
or damage to the holder of the permit; or
(b) with reckless disregard for the presence of the
holder of the permit on the permit land.
10 (3) In this section a reference to the doing of a thing
includes a reference to an omission to do a thing.
(4) In this section --
"permit" means a permit under section 20A;
"permit land" means land that is the subject of both
15 the permit and the exploration licence concerned.
".
6. Section 156 amended
(1) Section 156 is amended by inserting before "A person" the
subsection designation "(1)".
20 (2) At the end of section 156 the following subsection is inserted --
"
(2) Subsection (1)(a) does not apply to a person who
removes a mineral in the exercise of the authorisation
conferred by section 20(2)(c).
25 ".
7. Section 160 amended
Section 160(1) is amended by deleting "Nothing" and inserting
instead --
" Subject to section 20C, nothing ".
page 5
Mining Amendment Bill 2000
s. 8
8. Section 162 amended
After section 162(2)(ca) the following paragraph is inserted --
"
(cb) provide for any matter relating to permits under
5 section 20A, including without limitation --
(i) the persons or class of persons to whom
notice of the issue of permits is to be
given;
(ii) the operation, duration and surrender of
10 permits;
(iii) the maximum number of permits that
may be in force at any time in respect of
an exploration licence;
(iv) the conditions that may be imposed on
15 permits and the variation or cancellation
of such conditions;
(v) the powers of the Minister, in cases of
breach of conditions referred to in
section 20A(5) or (6) or in other
20 prescribed circumstances --
(I) to impose on holders of permits
monetary penalties not
exceeding the prescribed
amount;
25 (II) to cancel permits; or
(III) to disqualify holders of permits
from again holding or applying
for permits for such period not
exceeding the prescribed period
30 as the Minister thinks fit;
(vi) the procedure to be followed before the
exercise of a power referred to in
subparagraph (v);
page 6
Mining Amendment Bill 2000
s. 8
(vii) the recovery of penalties referred to in
subparagraph (v)(I);
(viii) the prohibition of the use of hand tools
of a prescribed kind;
5 (ix) the reporting of minerals recovered by
the holders of permits; and
(x) the issuing of guidelines in relation to
the operation of the permit system;
".
page 7
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