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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Mining Amendment Bill 2004
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. The Act amended 2
Part 2 -- Amendments about
prospecting licences
4. Section 43 amended 3
5. Section 45 amended and savings provision 3
6. Section 46 amended and transitional provision 4
7. Section 56B inserted 5
Part 3 -- Amendments about special
prospecting licences
8. Section 56A amended 7
9. Section 70 amended 9
10. Section 85B amended 10
11. Transitional provision 11
Part 4 -- Amendments about
exploration licences
12. Section 57 amended 12
13. Section 57A inserted 12
14. Section 61 amended 13
15. Section 63 amended and transitional provision 14
16. Section 65 amended 15
17. Section 68 amended 17
18. Section 69 amended 18
19. Transitional and savings provisions 18
297--2 page i
Mining Amendment Bill 2004
Contents
Part 5 -- Amendments about retention
status
20. Section 8 amended 20
21. Section 50 amended 20
22. Sections 53 to 55B inserted 21
23. Section 62 amended 25
24. Sections 69A to 69E inserted 26
25. Section 70A replaced 30
Part 6 -- Amendments about mining
leases
26. Section 6 amended 32
27. Sections 70O and 70P inserted 33
28. Section 73 replaced 34
29. Section 74 amended 34
30. Section 74A inserted 36
31. Section 75 amended 37
32. Section 82 amended and transitional provision 39
33. Section 82A inserted 40
34. Section 85 amended 41
35. Transitional provision 41
Part 7 -- Amendments about securities
36. Section 70F replaced and transitional provision 42
37. Section 70K amended 43
38. Section 82 amended 43
39. Section 84A replaced and transitional provision 43
40. Section 92 amended 44
41. Section 126 amended 44
Part 8 -- Amendments about geological
samples
42. Section 8 amended 46
43. Section 51A inserted 46
44. Section 70H amended 46
45. Section 82 amended 47
46. Section 96 amended 47
page ii
Mining Amendment Bill 2004
Contents
Part 9 -- Amendments about wardens
and wardens' courts
47. Section 8 amended 48
48. Section 13 amended 48
49. Section 14 repealed 48
50. Section 20 amended 48
51. Section 28 amended 48
52. Section 29 amended 48
53. Section 30 amended 49
54. Section 32 amended 51
55. Section 33 amended 51
56. Section 42 amended 51
57. Section 47 amended 52
58. Section 58 amended 52
59. Section 59 amended 53
60. Section 67A amended 53
61. Section 70D amended 53
62. Section 70G amended 53
63. Section 75 amended 54
64. Section 97A amended 54
65. Section 98 amended 54
66. Section 102 amended 54
67. Section 105A amended 54
68. Section 130 amended 55
69. Section 131 amended 55
70. Section 132 amended 55
71. Section 134 amended 55
72. Section 135 amended 56
73. Section 137 amended 57
74. Section 138 amended 58
75. Section 142 amended 58
76. Sections 144 and 145 repealed 59
77. Section 146 amended 59
78. Section 147 amended 59
79. Section 148 amended 60
80. Section 151 amended 60
81. Section 156 amended 60
82. Sections 160C and 160D inserted 60
83. Section 161 amended 61
84. Section 162 amended 62
page iii
Mining Amendment Bill 2004
Contents
85. Various references to "warden" changed to "warden's
court" 63
86. Transitional provision 63
Part 10 -- Other amendments to the
Mining Act 1978
87. Section 8 amended 64
88. Section 20 amended 64
89. Section 63A amended 64
90. Section 70H amended and transitional provision 65
91. Section 90 replaced 66
92. Section 95 amended 67
93. Section 96 amended 67
94. Section 102 amended 67
95. Section 105A amended 68
96. Sections 114B and 114C inserted 69
97. Section 115B inserted and consequential amendments 70
98. Section 118A inserted and validation and transitional
provisions 72
99. Section 120AA inserted 73
100. Section 162 amended 75
101. Section 163 inserted 76
Part 11 -- Mining Amendment Act 1996
amended
102. The Act amended 77
103. Section 15 amended 77
104. Section 18 amended 77
Part 12 -- Transitional regulations
105. Further transitional provisions may be made 79
page iv
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in committee)
Mining Amendment Bill 2004
A Bill for
An Act to amend the Mining Act 1978 and the Mining Amendment
Act 1996 and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Mining Amendment Bill 2004
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Mining Amendment Act 2004.
2. Commencement
5 (1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
3. The Act amended
The amendments in this Act, other than Part 11, are to the
10 Mining Act 1978*.
[* Reprinted as at 7 September 2001.
For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 253.]
page 2
Mining Amendment Bill 2004
Amendments about prospecting licences Part 2
s. 4
Part 2 -- Amendments about prospecting licences
4. Section 43 amended
Section 43(2) is amended by inserting after "section 56A" --
"
5 or a prospecting licence granted in respect of an
application under section 56B
".
5. Section 45 amended and savings provision
(1) After section 45(1) the following subsections are inserted --
10 "
(1a) Notwithstanding subsection (1) the Minister may, if
satisfied that a prescribed ground for extension exists,
extend the term of a prospecting licence --
(a) by one period of 4 years; and
15 (b) if the licence has retention status, by a further
period or periods of 4 years.
(1b) An application for the extension of the term of a
prospecting licence under subsection (1a) (an
"extension application") shall be made within the
20 prescribed time and in the prescribed manner.
(1c) If an extension application is made in respect of a
prospecting licence and the term of the licence would
but for this subsection expire, the licence continues in
force in respect of the land the subject of the extension
25 application until the application is determined.
(1d) If --
(a) an extension application is made in respect of a
prospecting licence the term of which has been
extended under subsection (1a)(a); and
page 3
Mining Amendment Bill 2004
Part 2 Amendments about prospecting licences
s. 6
(b) an application for retention status in respect of
the prospecting licence --
(i) is pending when the extension
application is made; or
5 (ii) is made at the same time as the
extension application,
the extension application shall not be
determined until the application for retention
status has been determined.
10 (1e) If the holder of a prospecting licence transfers the
licence after making an extension application in respect
of the licence, the extension application continues in
the name of the transferee of the licence as if the
transferee had made it.
15 ".
(2) Despite the amendment made by subsection (1), section 45 of
the Mining Act 1978 as in force immediately before the
commencement of this section continues to apply to and in
relation to --
20 (a) any prospecting licence in force under that Act
immediately before the commencement; and
(b) any prospecting licence granted under that Act after the
commencement in respect of an application made before
the commencement.
25 6. Section 46 amended and transitional provision
(1) Section 46 is amended as follows:
(a) after paragraph (a) by inserting the following
paragraph --
"
30 (aa) that no ground disturbing equipment will be
used by the holder when prospecting on the
page 4
Mining Amendment Bill 2004
Amendments about prospecting licences Part 2
s. 7
land the subject of the prospecting licence
unless --
(i) the holder has lodged in the prescribed
manner a programme of work in respect
5 of that use; and
(ii) the programme of work has been
approved in writing by the Minister or a
prescribed official;
";
10 (b) in paragraph (b) --
(i) by deleting "the State Mining Engineer" in the
first place where it occurs and inserting
instead --
" a prescribed official ";
15 (ii) by deleting "the State Mining Engineer" in the
second place where it occurs and inserting
instead --
" the prescribed official ".
(2) Section 46(aa) of the Mining Act 1978 as inserted by
20 subsection (1) does not apply to a prospecting licence granted
under that Act before the day on which this section comes into
operation.
7. Section 56B inserted
After section 56A the following section is inserted in Part IV
25 Division 1 --
"
56B. Certain licence holders to have right to apply for
further prospecting licence
(1) In this section --
30 "relevant licence" means a prospecting licence the
term of which expires within 12 months after the
page 5
Mining Amendment Bill 2004
Part 2 Amendments about prospecting licences
s. 7
day on which section 7 of the Mining Amendment
Act 2004 comes into operation.
(2) Despite sections 18, 23 and 27 but subject to the other
provisions of this Act, the holder of a relevant licence
5 has, while the licence continues in force, the right to
apply for a prospecting licence in respect of the whole
or any part of the land the subject of the relevant
licence.
(3) Where the holder of a relevant licence exercises the
10 right conferred by subsection (2) and the term of the
relevant licence would but for this subsection expire,
the relevant licence shall continue in force in respect of
the land the subject of the application for a prospecting
licence until the application is determined.
15 (4) If the holder of a relevant licence transfers the licence
after making an application for a prospecting licence in
the exercise of the right conferred by subsection (2),
the application continues in the name of the transferee
of the licence as if the transferee had made it.
20 ".
page 6
Mining Amendment Bill 2004
Amendments about special prospecting licences Part 3
s. 8
Part 3 -- Amendments about special
prospecting licences
8. Section 56A amended
(1) Section 56A(2) is amended as follows:
5 (a) by deleting "Within 14 days after lodging an application
for a special prospecting licence under subsection (1) the
applicant shall" and inserting instead --
"
Unless subsection (5a) applies, an applicant for a
10 special prospecting licence shall, within the prescribed
period,
";
(b) by inserting after "relates" --
"
15 , and subsections (3) to (5) apply in respect of that
application
".
(2) After section 56A(5) the following subsections are inserted --
"
20 (5a) If at the time when an applicant for a special
prospecting licence marked out the land to which his
application relates --
(a) a special prospecting licence was in force in
respect of land the subject of the primary
25 tenement; or
(b) another application for a special prospecting
licence in respect of land the subject of the
primary tenement had been made, but had not
been determined, under this section,
30 the applicant shall, within the prescribed period, lodge
at the office of the mining registrar the written consent
page 7
Mining Amendment Bill 2004
Part 3 Amendments about special prospecting licences
s. 8
of the holder of the primary tenement to the grant of his
application.
(5b) If written consent to the grant of an application is
lodged in accordance with subsection (5a), the mining
5 registrar may, subject to this Act, grant the application
as provided for in subsection (6).
".
(3) Section 56A(6) is amended by deleting ", the warden".
(4) Section 56A(7)(c) is amended by deleting "3" and inserting
10 instead --
" 10 ".
(5) Section 56A(7b) is amended as follows:
(a) by deleting "special prospecting licence, or";
(b) by deleting "licence, shall" and inserting instead --
15 " licence shall ".
(6) Section 56A(8) is amended as follows:
(a) by deleting "if -- " and inserting instead --
" subject to subsection (7b), ";
(b) by deleting paragraphs (a) and (b) and "or" after
20 paragraph (a).
(7) After section 56A(8) the following subsection is inserted --
"
(8aa) Sections 74, 74A and 75 apply to an application for a
mining lease under subsection (8).
25 ".
page 8
Mining Amendment Bill 2004
Amendments about special prospecting licences Part 3
s. 9
9. Section 70 amended
(1) Section 70(2) is amended as follows:
(a) by deleting "Within 14 days after lodging an application
for a special prospecting licence under subsection (1) the
5 applicant shall" and inserting instead --
"
Unless subsection (5a) applies, an applicant for a
special prospecting licence shall, within the prescribed
period,
10 ";
(b) by inserting after "relates" --
"
, and subsections (3) to (5) apply in respect of the
application
15 ".
(2) After section 70(5) the following subsections are inserted --
"
(5a) If, at the time when an applicant for a special
prospecting licence marked out the land to which his
20 application relates, the grant of the application would
have resulted in the number of special prospecting
licences in respect of the primary tenement exceeding
one for each 200 hectares of the primary tenement, the
applicant shall, within the prescribed period, lodge at
25 the office of the mining registrar the written consent of
the holder of the primary tenement to the grant of the
application.
(5b) If written consent to the grant of an application is
lodged in accordance with subsection (5a), the mining
30 registrar may, subject to this Act, grant the application
as provided for in subsection (6).
".
(3) Section 70(6) is amended by deleting ", the warden".
page 9
Mining Amendment Bill 2004
Part 3 Amendments about special prospecting licences
s. 10
(4) Section 70(7)(c) is amended by deleting "3" and inserting
instead --
" 10 ".
(5) Section 70(7b) is amended as follows:
5 (a) by deleting "special prospecting licence, or a";
(b) by deleting "licence, shall" and inserting instead --
" licence shall ";
(c) by deleting "licences or".
(6) Section 70(8) is amended as follows:
10 (a) by deleting "if -- ";
(b) by deleting paragraphs (a) and (b) and "or" after
paragraph (a);
(c) by inserting after "Minister may" --
" , subject to subsection (7b), ".
15 (7) After section 70(8) the following subsection is inserted --
"
(8aa) Sections 74, 74A and 75 apply to an application for a
mining lease under subsection (8).
".
20 10. Section 85B amended
(1) Section 85B(5)(c) is amended by deleting "3" and inserting
instead --
" 10 ".
(2) Section 85B(7) is amended as follows:
25 (a) by deleting ", if -- ";
(b) by deleting paragraphs (a) and (b) and "or" after
paragraph (a).
page 10
Mining Amendment Bill 2004
Amendments about special prospecting licences Part 3
s. 11
(3) After section 85B(7) the following subsection is inserted --
"
(7a) Sections 74, 74A and 75 apply to an application for a
mining lease under subsection (7).
5 ".
11. Transitional provision
(1) In this section --
"commencement" means the commencement of this Part;
"old provisions" means sections 56A, 70 and 85B of the
10 Mining Act 1978 as in force immediately before the
commencement.
(2) Despite the amendments made by this Part, the old provisions
continue to apply to and in relation to an application for a
special prospecting licence or a mining lease for gold under the
15 Mining Act 1978 that is pending immediately before the
commencement.
page 11
Mining Amendment Bill 2004
Part 4 Amendments about exploration licences
s. 12
Part 4 -- Amendments about exploration licences
12. Section 57 amended
(1) Section 57(2) is amended by inserting after "70 blocks" --
" unless subsection (2aa) applies ".
5 (2) After section 57(2) the following subsection is inserted --
"
(2aa) If the area of land referred to in subsection (2) is in an
area of the State designated under section 57A(1) it
shall not be more than 200 blocks.
10 ".
13. Section 57A inserted
After section 57 the following section is inserted --
"
57A. Designation of areas for purposes of s. 57(2aa)
15 (1) The Minister may, by notice published in the Gazette,
designate one or more areas of the State for the
purposes of section 57(2aa).
(2) The Minister may, by notice published in the Gazette,
vary or cancel a designation under subsection (1).
20 (3) A notice under this section comes into operation on the
day on which the notice is published in the Gazette or
such later day as is specified in the notice.
(4) The variation or cancellation of a designation under
subsection (2) does not affect the operation of any
25 exploration licence granted before the variation or
cancellation takes effect.
(5) If --
(a) an application for an exploration licence is
made in respect of an area of land that is in an
page 12
Mining Amendment Bill 2004
Amendments about exploration licences Part 4
s. 14
area of the State designated under
subsection (1) (a "designated area"); and
(b) before the application is determined the
designation is varied or cancelled under
5 subsection (2) with the result that the area of
land to which the application relates ceases to
be in a designated area,
then, despite that variation or cancellation,
section 57(2aa) applies as if the area of land were in a
10 designated area.
".
14. Section 61 amended
(1) Section 61(2) is amended as follows:
(a) after "Minister may" by inserting --
15 "
, if satisfied that a prescribed ground for extension
exists,
";
(b) by deleting paragraphs (a) and (b), and "and" after
20 paragraph (a), and inserting instead --
"
(a) by one period of 5 years; and
(b) by a further period or periods of 2 years,
".
25 (2) Section 61(3) is repealed and the following subsections are
inserted instead --
"
(3) An application for the extension of the term of an
exploration licence under subsection (2) shall be made
30 within the prescribed time and in the prescribed
manner.
page 13
Mining Amendment Bill 2004
Part 4 Amendments about exploration licences
s. 15
(3a) If an application for the extension of the term of an
exploration licence is made under this section and the
term of the licence would but for this subsection
expire, the licence shall continue in force in respect of
5 the land the subject of the application until the
application is determined.
".
15. Section 63 amended and transitional provision
(1) Section 63 is amended as follows:
10 (a) after paragraph (a) by inserting the following
paragraph --
"
(aa) will not use ground disturbing equipment when
exploring for minerals on the land the subject
15 of the exploration licence unless --
(i) the holder has lodged in the prescribed
manner a programme of work in respect
of that use; and
(ii) the programme of work has been
20 approved in writing by the Minister or a
prescribed official;
";
(b) in paragraph (b) --
(i) by deleting "the State Mining Engineer" in the
25 first place where it occurs and inserting
instead --
" a prescribed official ";
(ii) by deleting "the State Mining Engineer" in the
second place where it occurs and inserting
30 instead --
" the prescribed official ".
page 14
Mining Amendment Bill 2004
Amendments about exploration licences Part 4
s. 16
(2) Section 63(aa) of the Mining Act 1978 as inserted by
subsection (1) does not apply to an exploration licence granted
under that Act before the day on which this section comes into
operation.
5 16. Section 65 amended
(1) Section 65(1) to (3a) are repealed and the following subsections
are inserted instead --
"
(1) In this section --
10 "end day" means the day on which the 5 year period
referred to in section 61(1) ends;
"surrender day", in relation to a surrender, means --
(a) if the surrender is lodged under
subsection (3), the end day;
15 (b) if the surrender is lodged under
subsection (3c), the day that is 12 months
after the end day; or
(c) if the surrender is lodged in compliance with
a requirement under subsection (4), the day
20 on which the surrender is registered.
(2) This section applies in relation to an exploration
licence if --
(a) the term of the licence has been extended under
section 61; or
25 (b) an application under section 61 for the
extension of the term of the licence has been
made but has not been determined.
(3) Subject to subsection (3a), on or before the end day the
holder of an exploration licence granted in respect of
30 more than one block shall lodge a surrender for
registration in respect of --
(a) 40% of the number of the blocks that are
subject to the licence; or
page 15
Mining Amendment Bill 2004
Part 4 Amendments about exploration licences
s. 16
(b) if 40% of that number is not a whole number,
the nearest whole number of the blocks.
(3a) Subsection (3) does not apply if --
(a) a deferral has been granted under
5 subsection (3b); or
(b) an application for deferral under
subsection (3c) has been made but has not been
determined.
(3b) The Minister may, if satisfied that a prescribed ground
10 for deferral exists, defer the requirement in
subsection (3).
(3c) An application for deferral shall be made by the holder
of an exploration licence on or before the end day in
the prescribed manner.
15 (3d) If a deferral is granted under subsection (3b), the
holder of the exploration licence shall lodge the
surrender for registration on or before the day that is
12 months after the end day.
".
20 (2) Section 65(4) is repealed and the following subsections are
inserted instead --
"
(4) If --
(a) the holder of an exploration licence fails to
25 lodge a surrender in accordance with
subsection (3) or (3d); or
(b) a deferral under subsection (3b) is refused,
the Minister may, by notice in writing, require the
holder to lodge the surrender for registration within a
30 period specified in the notice.
(4a) A surrender under this section takes effect on the
surrender day.
page 16
Mining Amendment Bill 2004
Amendments about exploration licences Part 4
s. 17
(4b) The blocks that remain subject to an exploration
licence after a surrender under this section are to form
not more than 3 discrete areas each consisting of --
(a) a single graticular section; or
5 (b) a number of graticular sections each having a
side in common with at least one other
graticular section in that area.
(4c) If, before the surrender day, the holder of an
exploration licence --
10 (a) is granted a mining lease or general purpose
lease in respect of a part of the land the subject
of the exploration licence (the "granted
land"); or
(b) surrenders a part of the land the subject of the
15 exploration licence (the "surrendered land"),
then, in calculating the area of land that is required to
be surrendered under this section, the area of granted
land or surrendered land shall be taken into account as
though it were an area of land surrendered in
20 satisfaction of that requirement.
".
17. Section 68 amended
(1) Section 68(1) is amended by deleting the penalty provision.
(2) Section 68(2) is amended by deleting the penalty provision.
25 (3) After section 68(3) the following subsection is inserted --
"
(4) Notwithstanding section 154(1), a holder of an
exploration licence who fails to comply with
subsection (1), (2) or (3) does not commit an offence
30 against this Act.
".
page 17
Mining Amendment Bill 2004
Part 4 Amendments about exploration licences
s. 18
18. Section 69 amended
Section 69(1) is amended by deleting "relinquished" in both
places where it occurs and inserting instead --
" surrendered ".
5 19. Transitional and savings provisions
(1) In this section --
"commencement" means the commencement of this Part;
"old provisions" means the Mining Act 1978 as in force
immediately before the commencement;
10 "relevant licence" means --
(a) an exploration licence granted under the Mining
Act 1978 that is in force immediately before the
commencement; or
(b) an exploration licence granted under the Mining
15 Act 1978 after the commencement in respect of an
application made before the commencement.
(2) Despite the amendments made by this Part, the old provisions
(other than sections 63A, 65(1a) and 65(4)) continue to apply to
and in relation to a relevant licence.
20 (3) If the holder of a relevant licence fails to comply with the
requirements for surrender in section 65(1) or (1b) of the old
provisions, the Minister may, by notice in writing, require the
holder to lodge the surrender for registration within a period
specified in the notice.
25 (4) Section 63A of the Mining Act 1978 applies to and in relation to
a relevant licence as if it contained a provision to the effect that
the licence is liable to forfeiture if the holder of the licence fails
to comply with a requirement under subsection (3).
page 18
Mining Amendment Bill 2004
Amendments about exploration licences Part 4
s. 19
(5) Despite the amendments made by section 16, section 65(1a) of
the old provisions continues to apply to and in relation to a
relevant licence as if --
(a) "licence -- " were replaced by --
5 " licence ";
(b) paragraphs (a) and (b), and "or" after paragraph (a),
were deleted; and
(c) "the Minister may exempt" were replaced by --
"
10 the Minister may, if satisfied that a ground for
exemption exists, exempt
".
(6) For the purposes of the application of section 65(1a) of the old
provisions as modified by subsection (5) a ground for
15 exemption exists if a prescribed ground for deferral exists under
section 65(3b) of the Mining Act 1978 as inserted by section 16.
page 19
Mining Amendment Bill 2004
Part 5 Amendments about retention status
s. 20
Part 5 -- Amendments about retention status
20. Section 8 amended
(1) Section 8(1) is amended by inserting in the appropriate
alphabetical positions --
5 "
"identified mineral resource" means a deposit of
minerals identified in the prescribed manner;
"retention status" has a meaning affected by
subsection (5);
10 ".
(2) After section 8(4) the following subsection is inserted --
"
(5) For the purposes of this Act --
(a) a prospecting licence has retention status if an
15 approval under section 54 has effect in relation
to the licence; and
(b) an exploration licence has retention status if an
approval under section 69B has effect in
relation to the licence.
20 ".
21. Section 50 amended
(1) Section 50 is amended by inserting before "During" the
subsection designation "(1)".
(2) At the end of section 50 the following subsection is inserted --
25 "
(2) In the case of a prospecting licence that has retention
status, expenditure conditions prescribed for the
purposes of subsection (1) --
(a) shall provide for a reduction calculated in the
30 prescribed manner of the amount of
expenditure required during the year of the term
page 20
Mining Amendment Bill 2004
Amendments about retention status Part 5
s. 22
of the licence in which retention status is
approved; and
(b) shall not require expenditure during any
subsequent year of the term of the licence.
5 ".
22. Sections 53 to 55B inserted
After section 52 the following sections are inserted --
"
53. Application for retention status
10 (1) In this section --
"prospecting licence" does not include a prospecting
licence that is a primary tenement for the purposes
of Division 2A.
(2) The holder of a prospecting licence may apply to the
15 Minister for approval of retention status under
section 54.
(3) An application under subsection (2) --
(a) shall be in writing;
(b) shall be made in the prescribed manner;
20 (c) shall contain the prescribed information;
(d) shall be accompanied by any map, statement or
other information required by the regulations;
and
(e) shall be accompanied by the prescribed
25 application fee.
(4) For the purposes of subsection (3)(d), but without
limiting section 162(5), the regulations may require a
statement or other information to be in the form of a
statutory declaration.
page 21
Mining Amendment Bill 2004
Part 5 Amendments about retention status
s. 22
(5) If the holder of a prospecting licence transfers the
licence after making an application under
subsection (2) in respect of the licence, the application
continues in the name of the transferee of the licence as
5 if the transferee had made it.
54. Approval of retention status
(1) The Minister may approve retention status for the
whole or any part of the land the subject of a
prospecting licence if satisfied that --
10 (a) there is an identified mineral resource located
in, on or under that land; and
(b) the mining of that identified mineral resource is
impracticable because --
(i) the resource is uneconomic or subject to
15 marketing problems although the
resource may reasonably be expected to
become economic or marketable in the
future;
(ii) the resource is required to sustain the
20 future operations of an existing or
proposed mining operation; or
(iii) there are existing political,
environmental or other difficulties in
obtaining requisite approvals.
25 (2) An approval shall be in writing.
(3) An approval takes effect on the day on which notice of
the approval is published in the Gazette or on a later
day specified in the notice.
(4) The area of land to which an approval applies shall be
30 an area that, in the opinion of the Minister, is sufficient
to include --
(a) the land in, on or under which the identified
mineral resource is located; and
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Mining Amendment Bill 2004
Amendments about retention status Part 5
s. 22
(b) such other land as may be required for future
mining operations in respect of that identified
mineral resource.
(5) The area of land to which an approval applies may be
5 less than the area of land in respect of which the
approval was sought.
(6) If retention status is approved for part of the land the
subject of a prospecting licence, the holder of the
prospecting licence shall mark out in the prescribed
10 manner the boundaries of the land covered by the
approval as soon as practicable after the day on which
the approval takes effect.
(7) If retention status is approved for part of the land the
subject of a prospecting licence, the land not covered
15 by the approval ceases to be the subject of the licence
on the day on which the approval takes effect.
55. Consultation with other Ministers
(1) Before approving retention status under section 54 for
land of a class referred to in section 24(1), the Minister
20 shall consult and obtain the recommendations of the
relevant responsible Minister under section 24(8).
(2) Before approving retention status under section 54 for
land in a marine management area, marine nature
reserve or marine park, the Minister shall consult and
25 obtain the recommendations of the other Ministers
referred to in section 24A(6).
(3) Before approving retention status under section 54 for
land of a class referred to in section 25(1)(a), (b) or (c),
the Minister shall consult and obtain the
30 recommendations of the other Ministers referred to in
section 25(2)(b).
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Part 5 Amendments about retention status
s. 22
(4) Before approving retention status under section 54 for
land of the class referred to in section 25(1)(d), the
Minister shall consult and obtain the recommendations
of the other Minister referred to in section 25(3)(b).
5 55A. Programme of work
(1) On the approval of retention status under section 54, or
at any subsequent time, the Minister may impose on
the holder of the prospecting licence a condition
requiring the holder to comply with a specified
10 programme of work in respect of the land the subject of
the licence within a specified period.
(2) Before imposing a condition under subsection (1), the
Minister may require the holder of the licence to
submit to the Minister a draft programme of work in a
15 form approved by the Minister and the holder shall
comply with that requirement.
(3) A condition imposed under subsection (1) may be
cancelled or varied by the Minister at any time.
(4) A condition imposed under subsection (1) --
20 (a) may be endorsed on the prospecting licence, for
which purpose the holder of the licence shall
produce the licence on demand; and
(b) whether or not so endorsed, on notice of the
imposition of the condition being given in
25 writing to the holder of the licence shall for all
purposes have effect as a condition to which the
licence is subject.
(5) In subsection (1) --
"specified" means specified in writing by the Minister.
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Mining Amendment Bill 2004
Amendments about retention status Part 5
s. 23
55B. Holder of prospecting licence with retention status
may be required to apply for mining lease
(1) The Minister may at any time, by notice in writing,
require the holder of a prospecting licence that has
5 retention status to show cause why a mining lease
should not be applied for in respect of the whole or any
part of the land the subject of the prospecting licence.
(2) Where --
(a) the holder of a prospecting licence fails to show
10 cause within the time specified in the notice
referred to in subsection (1); or
(b) the Minister is of the opinion that the holder of
a prospecting licence has shown insufficient
cause,
15 the Minister may, by notice in writing, require that
holder to apply in accordance with this Act for a
mining lease in respect of the whole or any part of the
land the subject of the prospecting licence within a
period of 60 days from the giving of that notice.
20 ".
23. Section 62 amended
(1) Section 62 is amended by inserting before "During" the
subsection designation "(1)".
(2) At the end of section 62 the following subsection is inserted --
25 "
(2) In the case of an exploration licence that has retention
status, expenditure conditions prescribed for the
purposes of subsection (1) --
(a) are to provide for a reduction calculated in the
30 prescribed manner of the amount of
expenditure required during the year of the term
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Mining Amendment Bill 2004
Part 5 Amendments about retention status
s. 24
of the licence in which retention status is
approved; and
(b) are not to require expenditure during any
subsequent year of the term of the licence.
5 ".
24. Sections 69A to 69E inserted
After section 69 the following sections are inserted --
"
69A. Application for retention status
10 (1) In this section --
"exploration licence" does not include an exploration
licence that is a primary tenement for the purposes
of Division 2A.
(2) The holder of an exploration licence may apply to the
15 Minister for approval of retention status under
section 69B.
(3) An application under subsection (2) --
(a) shall be in writing;
(b) shall be made in the prescribed manner;
20 (c) shall contain the prescribed information;
(d) shall be accompanied by any map, statement or
other information required by the regulations;
and
(e) shall be accompanied by the prescribed
25 application fee.
(4) For the purposes of subsection (3)(d), but without
limiting section 162(5), the regulations may require a
statement or other information to be in the form of a
statutory declaration.
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Mining Amendment Bill 2004
Amendments about retention status Part 5
s. 24
(5) If the holder of an exploration licence transfers the
licence after making an application under
subsection (2) in respect of the licence, the application
continues in the name of the transferee of the licence as
5 if the transferee had made it.
69B. Approval of retention status
(1) The Minister may approve retention status for the
whole or any part of the land the subject of an
exploration licence if satisfied that --
10 (a) there is an identified mineral resource located
in, on or under that land; and
(b) the mining of that identified mineral resource is
impracticable because --
(i) the resource is uneconomic or subject to
15 marketing problems although the
resource may reasonably be expected to
become economic or marketable in the
future;
(ii) the resource is required to sustain the
20 future operations of an existing or
proposed mining operation; or
(iii) there are existing political,
environmental or other difficulties in
obtaining requisite approvals.
25 (2) An approval shall be in writing.
(3) An approval takes effect on the day on which notice of
the approval is published in the Gazette or on a later
day specified in the notice.
(4) The area of land to which an approval applies --
30 (a) shall be a block or blocks; and
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Mining Amendment Bill 2004
Part 5 Amendments about retention status
s. 24
(b) shall be an area that, in the opinion of the
Minister, is sufficient to include --
(i) the land in, on or under which the
identified mineral resource is located;
5 and
(ii) such other land as may be required for
future mining operations in respect of
that identified mineral resource.
(5) The area of land to which an approval applies may be
10 less than the area of land in respect of which the
approval was sought.
(6) If retention status is approved for part of the land the
subject of an exploration licence, the land not covered
by the approval ceases to be the subject of the licence
15 on the day on which the approval takes effect.
69C. Consultation with other Ministers
(1) Before approving retention status under section 69B for
land of a class referred to in section 24(1), the Minister
shall consult and obtain the recommendations of the
20 relevant responsible Minister under section 24(8).
(2) Before approving retention status under section 69B for
land in a marine management area, marine nature
reserve or marine park the Minister shall consult and
obtain the recommendations of the other Ministers
25 referred to in section 24A(6).
(3) Before approving retention status under section 69B for
land of a class referred to in section 25(1)(a), (b) or (c),
the Minister shall consult and obtain the
recommendations of the other Ministers referred to in
30 section 25(2)(b).
(4) Before approving retention status under section 69B for
land of the class referred to in section 25(1)(d), the
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Mining Amendment Bill 2004
Amendments about retention status Part 5
s. 24
Minister shall consult and obtain the recommendations
of the other Minister referred to in section 25(3)(b).
69D. Programme of work
(1) On the approval of retention status under section 69B,
5 or at any subsequent time, the Minister may impose on
the holder of the exploration licence a condition
requiring the holder to comply with a specified
programme of work in respect of the land the subject of
the licence within a specified period.
10 (2) Before imposing a condition under subsection (1), the
Minister may require the holder of the licence to
submit to the Minister a draft programme of work in a
form approved by the Minister and the holder shall
comply with that requirement.
15 (3) A condition imposed under subsection (1) may be
cancelled or varied by the Minister at any time.
(4) A condition imposed under subsection (1) --
(a) may be endorsed on the exploration licence, for
which purpose the holder of the licence shall
20 produce the licence on demand; and
(b) whether or not so endorsed, on notice of the
imposition of the condition being given in
writing to the holder of the licence shall for all
purposes have effect as a condition to which the
25 licence is subject.
(5) In subsection (1) --
"specified" means specified in writing by the Minister.
69E. Holder of exploration licence with retention status
may be required to apply for mining lease
30 (1) The Minister may at any time, by notice in writing,
require the holder of an exploration licence that has
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Mining Amendment Bill 2004
Part 5 Amendments about retention status
s. 25
retention status to show cause why a mining lease
should not be applied for in respect of the whole or any
part of the land the subject of the exploration licence.
(2) Where --
5 (a) the holder of an exploration licence fails to
show cause within the time specified in the
notice referred to in subsection (1); or
(b) the Minister is of the opinion that the holder of
an exploration licence has shown insufficient
10 cause,
the Minister may, by notice in writing, require that
holder to apply in accordance with this Act for a
mining lease in respect of the whole or any part of the
land the subject of the exploration licence within a
15 period of 60 days from the giving of that notice.
".
25. Section 70A replaced
Section 70A is repealed and the following section is inserted
instead --
20 "
70A. Meaning of "primary tenement"
In this Division --
"primary tenement" means --
(a) a prospecting licence that --
25 (i) is in force immediately before the
commencement of section 25 of the
Mining Amendment Act 2004; or
(ii) is granted after that commencement in
respect of an application made before
30 that commencement;
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Mining Amendment Bill 2004
Amendments about retention status Part 5
s. 25
(b) an exploration licence that --
(i) is in force immediately before the
commencement of section 25 of the
Mining Amendment Act 2004; or
5 (ii) is granted after that commencement in
respect of an application made before
that commencement;
or
(c) a mining lease.
10 ".
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Mining Amendment Bill 2004
Part 6 Amendments about mining leases
s. 26
Part 6 -- Amendments about mining leases
26. Section 6 amended
After section 6(1) the following subsections are inserted --
"
5 (1a) Notwithstanding subsection (1) and section 5 of the
Environmental Protection Act 1986, in the case of an
application for a mining lease accompanied by the
documentation referred to in section 74(1)(ca)(ii) --
(a) only the applicant can refer a proposal to which
10 the application relates under section 38(1) of
that Act; and
(b) section 38(5) of that Act does not apply to such
a proposal.
(1b) In subsection (1a) --
15 "proposal" has the meaning given to that term in
section 3(1) of the Environmental Protection
Act 1986.
(1c) Subsection (1a) does not apply to an application for a
mining lease made pursuant to a Government
20 agreement as defined in section 2 of the Government
Agreements Act 1979.
(1d) If a mining lease is granted on an application referred
to in subsection (1a), nothing in that subsection affects
the application of section 38 of the Environmental
25 Protection Act 1986 to --
(a) a programme of work lodged by the holder of
the mining lease in compliance with the
condition referred to in section 82(1)(ca); or
(b) a mining proposal lodged by the holder of the
30 mining lease in compliance with the condition
referred to in section 82A.
".
page 32
Mining Amendment Bill 2004
Amendments about mining leases Part 6
s. 27
27. Sections 70O and 70P inserted
Before section 71 the following sections are inserted in Part IV
Division 3 --
"
5 70O. Definitions
(1) In this Division --
"guidelines" means guidelines approved by the
Director General of Mines for the purposes of this
Division;
10 "mining proposal" means a document that --
(a) is in the form required by the guidelines; and
(b) contains information of the kind required by
the guidelines about proposed mining
operations in, on or under the land in respect
15 of which a mining lease is sought or granted,
as the case requires;
"significant mineralisation" has the meaning given in
subsection (2).
(2) For the purposes of this Division there is significant
20 mineralisation in, on or under land to which an
application for a mining lease relates if exploration
results in respect of a deposit of minerals located in, on
or under that land indicate that there is a reasonable
prospect of minerals being obtained by mining
25 operations.
70P. Guidelines to be publicly available
The Director General of Mines shall ensure that the
guidelines are made available, without charge, for
public inspection in the prescribed manner.
30 ".
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Mining Amendment Bill 2004
Part 6 Amendments about mining leases
s. 28
28. Section 73 replaced
Section 73 is repealed and the following section is inserted
instead --
"
5 73. Area of mining lease may be less than area sought
(1) The area of land in respect of which a mining lease is
granted may be less than the area of land in respect of
which the mining lease is sought.
(2) If the area of land in respect of which a mining lease is
10 granted is as described in subsection (1), the holder of
the lease shall mark out in the prescribed manner the
boundaries of that area as soon as practicable after the
grant of the lease.
".
15 29. Section 74 amended
(1) After section 74(1)(c) the following is inserted --
"
(ca) shall be accompanied by --
(i) a mining proposal; or
20 (ii) a statement in accordance with
subsection (1a) and a mineralisation
report prepared by a qualified person;
and
".
25 (2) After section 74(1) the following subsection is inserted --
"
(1a) The statement referred to in subsection (1)(ca)(ii) shall
set out information about the mining operations that are
likely to be carried out in, on or under the land to
30 which the application relates including information as
to --
(a) when mining is likely to commence;
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Mining Amendment Bill 2004
Amendments about mining leases Part 6
s. 29
(b) the most likely method of mining; and
(c) the location, and the area, of land that is likely
to be required for the operation of plant,
machinery and equipment and for other
5 activities associated with those mining
operations.
".
(3) After section 74(4) the following subsections are inserted --
"
10 (5) The Director General of Mines shall ensure that --
(a) any document referred to in subsection (1)(ca)
that accompanies the application; and
(b) any document furnished by the applicant in
response to a request under subsection (2),
15 are made available for public inspection at reasonable
times.
(6) The regulations may require a person to pay a fee
specified in the regulations --
(a) for inspecting a document referred to in
20 subsection (5); or
(b) for obtaining a copy of the document or any
part of it.
(7) In this section --
"likely" means reasonably likely having regard to the
25 information available to the applicant when the
application is made;
"mineralisation report" means a report that sets out
details of exploration results in respect of a deposit
of minerals located in, on or under the land to
30 which the application relates, including details
of --
(a) the type of minerals located in, on or under
that land;
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Mining Amendment Bill 2004
Part 6 Amendments about mining leases
s. 30
(b) the location, depth and extent of those
minerals and the way in which that extent
has been determined; and
(c) analytical results obtained from samples of
5 those minerals;
"qualified person" means a person who --
(a) is a member of a prescribed body; and
(b) complies with any requirement of the
regulations as to relevant qualifications or
10 experience.
".
30. Section 74A inserted
After section 74 the following section is inserted --
"
15 74A. Report on significant mineralisation required for
certain applications
(1) If an application for a mining lease is accompanied by
the documentation referred to in section 74(1)(ca)(ii),
the Director, Geological Survey shall give the Minister
20 a report as to whether or not there is significant
mineralisation in, on or under the land to which the
application relates.
(2) For the purposes of preparing the report, the Director,
Geological Survey may request the applicant to provide
25 further information in relation to matters dealt with in
the mineralisation report.
(3) The report shall be based solely on information
contained in the mineralisation report and any further
information provided by the applicant in response to a
30 request under subsection (2).
(4) The Director, Geological Survey shall give a copy of
the report to the mining registrar and the warden.
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Mining Amendment Bill 2004
Amendments about mining leases Part 6
s. 31
(5) The Director General of Mines shall ensure that the
report is made available for public inspection at
reasonable times.
(6) The regulations may require a person to pay a fee
5 specified in the regulations --
(a) for inspecting the report; or
(b) for obtaining a copy of the report or any part
of it.
(7) In this section --
10 "mineralisation report" means the mineralisation
report that accompanied the application.
".
31. Section 75 amended
(1) After section 75(1) the following subsection is inserted --
15 "
(1a) A person is not entitled to lodge a notice of objection if
the basis for the objection is that there is no significant
mineralisation in, on or under the land to which the
application relates.
20 ".
(2) Section 75(2) is amended by deleting "Where" and inserting
instead --
" Subject to subsection (2a), if ".
(3) After section 75(2) the following subsection is inserted --
25 "
(2a) If the application for the mining lease is accompanied
by the documentation referred to in
section 74(1)(ca)(ii), the mining registrar shall not
forward a report under subsection (2) unless --
30 (a) the mining registrar has received a copy of the
section 74A report in relation to the application;
and
page 37
Mining Amendment Bill 2004
Part 6 Amendments about mining leases
s. 31
(b) the section 74A report states that there is
significant mineralisation in, on or under the
land to which the application relates.
".
5 (4) Section 75(4) is amended by deleting "Where" and inserting
instead --
" Subject to subsection (4a), if ".
(5) After section 75(4) the following subsection is inserted --
"
10 (4a) If the application for the mining lease is accompanied
by the documentation referred to in
section 74(1)(ca)(ii), the warden shall not hear the
application unless --
(a) the warden has received a copy of the
15 section 74A report in relation to the application;
and
(b) the section 74A report states that there is
significant mineralisation in, on or under the
land to which the application relates.
20 ".
(6) Section 75(7) is amended by inserting after "subject to" --
" subsection (8) and the other provisions of ".
(7) After section 75(7) the following subsection is inserted --
"
25 (8) In the case of an application for a mining lease that is
accompanied by the documentation referred to in
section 74(1)(ca)(ii), the Minister shall refuse to grant
the mining lease if the section 74A report states that
there is no significant mineralisation in, on or under the
30 land to which the application relates.
".
page 38
Mining Amendment Bill 2004
Amendments about mining leases Part 6
s. 32
(8) After section 75(9) the following subsection is inserted --
"
(10) In this section --
"section 74A report" means the report given to the
5 Minister under section 74A.
".
32. Section 82 amended and transitional provision
(1) After section 82(1)(c) the following paragraph is inserted --
"
10 (ca) not use ground disturbing equipment when
mining on such land unless --
(i) the lessee has lodged in the prescribed
manner a programme of work in respect
of that use and the programme has been
15 approved in writing by the Minister or a
prescribed official; or
(ii) that use is dealt with in a relevant
mining proposal;
".
20 (2) After section 82(1) the following subsections are inserted --
"
(1a) In subsection (1)(ca)(ii) --
"relevant mining proposal" means --
(a) a mining proposal that accompanied the
25 application for the mining lease under
section 74(1)(ca); or
(b) a mining proposal for which there is
approval as described in section 82A(2)(b).
(1b) Without limiting or otherwise affecting the application
30 of the other provisions of subsection (1), paragraph (ca)
of that subsection does not apply to a mining lease
granted pursuant to a Government agreement, as
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Mining Amendment Bill 2004
Part 6 Amendments about mining leases
s. 33
defined in section 2 of the Government Agreements
Act 1979, in accordance with proposals approved,
deemed to be approved or determined under the
agreement.
5 ".
(3) Section 82(1)(ca) of the Mining Act 1978 as inserted by
subsection (1) does not apply to a mining lease granted under
that Act before the day on which this section comes into
operation.
10 33. Section 82A inserted
After section 82 the following section is inserted --
"
82A. Condition to be included in certain mining leases
(1) This section applies to a mining lease if --
15 (a) the application for the mining lease was made
under this Act, but was not determined, before
the commencement of section 33 of the Mining
Amendment Act 2004; or
(b) the application for the mining lease was
20 accompanied by the documentation referred to
in section 74(1)(ca)(ii).
(2) Every mining lease to which this section applies shall
be deemed to be granted subject to a condition
requiring the lessee, before the lessee carries out
25 mining operations of a prescribed kind on any part of
the land the subject of the mining lease --
(a) to lodge in the prescribed manner a mining
proposal in respect of those operations; and
(b) to obtain written approval for the mining
30 proposal from a prescribed official.
".
page 40
Mining Amendment Bill 2004
Amendments about mining leases Part 6
s. 34
34. Section 85 amended
Section 85(1) and (2) are each amended by inserting after "this
Act" --
"
5 and to any conditions to which the mining lease is
subject
".
35. Transitional provision
(1) In this section --
10 "commencement" means the commencement of this Part;
"old provisions" means sections 74 and 75 of the Mining
Act 1978 as in force immediately before the
commencement.
(2) Despite the amendments made by this Part, the old provisions
15 continue to apply to and in relation to an application for a
mining lease under the Mining Act 1978 that is pending
immediately before the commencement.
page 41
Mining Amendment Bill 2004
Part 7 Amendments about securities
s. 36
Part 7 -- Amendments about securities
36. Section 70F replaced and transitional provision
(1) Section 70F is repealed and the following section is inserted
instead --
5 "
70F. Security relating to retention licence
(1) The applicant for a retention licence shall lodge at the
office of the mining registrar, within the prescribed
period, a security for compliance with --
10 (a) the conditions to which the retention licence, if
granted, will from time to time be subject; and
(b) the provisions of this Part and the regulations.
(2) The Minister may require the holder of a retention
licence to lodge at the office of the mining registrar or
15 the Department at Perth, within such period as the
Minister specifies in writing, an additional security for
compliance with conditions imposed in relation to the
licence under section 70I.
(3) A security referred to in subsection (1) or (2) shall be
20 in accordance with and subject to section 126.
(4) A retention licence shall not be granted unless a
security has been lodged by the applicant for the
retention licence in accordance with subsection (1).
(5) Notwithstanding section 154(1), an applicant for a
25 retention licence who fails to comply with
subsection (1) does not commit an offence against this
Act.
".
page 42
Mining Amendment Bill 2004
Amendments about securities Part 7
s. 37
(2) Where, immediately before the commencement of this section,
an application for a retention licence has been made, but has not
been finally determined, under the Mining Act 1978 --
(a) the person who made the application is not required to
5 comply with section 70F(1) of that Act as inserted by
subsection (1); and
(b) section 70F(4) of that Act as inserted by subsection (1)
does not apply in respect of the application.
37. Section 70K amended
10 Section 70K(bb) is amended by deleting "70F(1)" and inserting
instead --
" 70F(2) ".
38. Section 82 amended
Section 82(1)(g) is amended by deleting "84A(1)" and inserting
15 instead --
" 84A(2) ".
39. Section 84A replaced and transitional provision
(1) Section 84A is repealed and the following section is inserted
instead --
20 "
84A. Security relating to mining lease
(1) The applicant for a mining lease shall lodge at the
office of the mining registrar, within the prescribed
period, a security for compliance with --
25 (a) the conditions to which the mining lease, if
granted, will from time to time be subject; and
(b) the provisions of this Part and the regulations.
(2) The Minister may require the holder of a mining lease
to lodge at the office of the mining registrar or the
page 43
Mining Amendment Bill 2004
Part 7 Amendments about securities
s. 40
Department at Perth, within such period as the Minister
specifies in writing, an additional security for
compliance with conditions imposed in relation to the
lease under section 84.
5 (3) A security referred to in subsection (1) or (2) shall be
in accordance with and subject to section 126.
(4) A mining lease shall not be granted unless a security
has been lodged by the applicant for the mining lease
in accordance with subsection (1).
10 (5) Notwithstanding section 154(1), an applicant for a
mining lease who fails to comply with subsection (1)
does not commit an offence against this Act.
".
(2) Where, immediately before the commencement of this section,
15 an application for a mining lease had been made, but had not
been determined, under the Mining Act 1978 --
(a) the person who made the application is not required to
comply with section 84A(1) of that Act as inserted by
subsection (1); and
20 (b) section 84A(4) of that Act as inserted by subsection (1)
does not apply in respect of the application.
40. Section 92 amended
Section 92 is amended by deleting "(1a)".
41. Section 126 amended
25 (1) Section 126(1)(a) is amended as follows:
(a) in subparagraph (i) by deleting "70F or 84A" and
inserting instead --
" 70F(2) or 84A(2) ";
page 44
Mining Amendment Bill 2004
Amendments about securities Part 7
s. 41
(b) by deleting subparagraph (ii) and inserting the following
subparagraph instead --
"
(ii) in the case of a security referred to in
5 section 52(1), 60(1), 70F(1) or 84A(1),
as is prescribed;
".
(2) After section 126(7) the following subsection is inserted --
"
10 (8) Without limiting the power of the Minister in
subsection (7), a security given under this section for
the purposes of section 52(1), 60(1), 70F(1) or 84A(1)
that is not in suit is discharged by operation of this
section on the expiry of one year after the surrender,
15 forfeiture or expiry of the mining tenement in respect
of which the security was given.
".
page 45
Mining Amendment Bill 2004
Part 8 Amendments about geological samples
s. 42
Part 8 -- Amendments about geological samples
42. Section 8 amended
Section 8(1) is amended by inserting after the definition of
"fossick" the following definition --
5 "
"geological sample" includes a drill core;
".
43. Section 51A inserted
After section 51 the following section is inserted --
10 "
51A. Geological samples
The holder of a prospecting licence shall furnish to the
Minister such geological samples obtained in the
course of operations conducted by the holder under the
15 licence as the Minister may request.
".
44. Section 70H amended
Section 70H(1) is amended as follows:
(a) after paragraph (e) by deleting "and";
20 (b) after paragraph (f) by deleting the full stop and
inserting --
"
; and
(g) furnish to the Minister such geological samples
25 obtained in the course of operations conducted
by the holder under the licence as the Minister
may request.
".
page 46
Mining Amendment Bill 2004
Amendments about geological samples Part 8
s. 45
45. Section 82 amended
After section 82(1)(e) the following paragraph is inserted --
"
(ea) furnish to the Minister such geological samples
5 obtained in the course of operations conducted
by the lessee under the lease as the Minister
may request;
".
46. Section 96 amended
10 After section 96(2)(ba) the following paragraph is inserted --
"
(baa) any request under section 51A is not complied
with;
".
page 47
Mining Amendment Bill 2004
Part 9 Amendments about wardens and wardens' courts
s. 47
Part 9 -- Amendments about wardens and
wardens' courts
47. Section 8 amended
Section 8(1) is amended in the definition of "warden" by
5 deleting "or deemed so to be and includes a person appointed to
be an acting warden".
48. Section 13 amended
Section 13(2) and (3) are repealed.
49. Section 14 repealed
10 Section 14 is repealed.
50. Section 20 amended
(1) Section 20(1) is amended by deleting ", a warden".
(2) Section 20(5) is amended as follows:
(a) in paragraph (ea) by deleting "by order";
15 (b) by deleting "make an order under this subsection" and
inserting instead --
" give a direction under paragraph (ea) ";
(c) by deleting "by the warden".
51. Section 28 amended
20 Section 28(b) is amended by deleting "by the warden".
52. Section 29 amended
Section 29(4) is repealed and the following subsection is
inserted instead --
"
25 (4) If a question arises as to whether something is a
substantial improvement for the purposes of
page 48
Mining Amendment Bill 2004
Amendments about wardens and wardens' courts Part 9
s. 53
subsection (2)(d), the question is to be determined by
the warden and the warden's determination is final and
conclusive and not subject to appeal.
".
5 53. Section 30 amended
(1) Section 30(1) is amended by deleting "in writing to a warden".
(2) Section 30(2) is amended by deleting "contain -- ",
paragraphs (a) and (b), and "and" after paragraph (a), and
inserting instead --
10 "
contain a description of the private land concerned that
is sufficient to enable the land to be identified.
".
(3) Section 30(3) is amended by inserting after "warden" --
15 " or a prescribed official ".
(4) Section 30(4) is amended as follows:
(a) by inserting after "warden" --
" or a prescribed official ";
(b) by deleting "him" and inserting instead --
20 " the Director General of Mines ".
(5) Section 30(5) and (6) are repealed and the following subsections
are inserted instead --
"
(5) A sum fixed under subsection (4) shall be a sum that,
25 in the opinion of the warden or prescribed official,
would provide reasonable compensation to the owner
and the occupier of the private land to which the permit
concerned relates for any damage likely to be caused
by the holder of the permit during the currency of the
30 permit.
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Mining Amendment Bill 2004
Part 9 Amendments about wardens and wardens' courts
s. 53
(6) The owner or the occupier of the private land to which
a permit relates may apply to the warden's court within
the prescribed period for payment of all or part of a
sum paid by the holder of the permit under
5 subsection (4).
(6a) If the warden's court is satisfied, on an application
made under subsection (6), that the applicant has
suffered damage caused by the holder of the permit
during the currency of the permit, the warden's court
10 may order that all or part of the sum be paid to the
applicant.
(6b) If an order is made under subsection (6a) that all of the
sum be paid to the applicant, the Director General of
Mines shall give effect to the order.
15 (6c) If an order is made under subsection (6a) that part of
the sum be paid to the applicant, the Director General
of Mines shall --
(a) give effect to the order; and
(b) pay the balance of the sum to the holder of the
20 permit.
(6d) If --
(a) no application is made under subsection (6); or
(b) an application made under subsection (6) is
refused, withdrawn or discontinued,
25 the Director General of Mines shall pay the sum to the
holder of the permit.
".
page 50
Mining Amendment Bill 2004
Amendments about wardens and wardens' courts Part 9
s. 54
(6) After section 30(7) the following subsection is inserted --
"
(8) In this section --
"prescribed official" means a person who holds or
5 acts in an office or position in the Department that
is prescribed for the purposes of this section.
".
54. Section 32 amended
Section 32(2) is amended by deleting "the warden" and
10 inserting instead --
" a warden or a prescribed official ".
55. Section 33 amended
After section 33(2) the following subsection is inserted --
"
15 (2a) If a warden makes an order for the payment of costs
under subsection (2), those costs are recoverable in
accordance with the regulations.
".
56. Section 42 amended
20 (1) Section 42(2) is amended by inserting after "prescribed time" --
" , or any notice of objection is withdrawn, ".
(2) Section 42(3) is amended as follows:
(a) by inserting before "the warden shall" --
" and the notice of objection is not withdrawn, ";
25 (b) by deleting "in open court".
page 51
Mining Amendment Bill 2004
Part 9 Amendments about wardens and wardens' courts
s. 57
57. Section 47 amended
(1) Section 47(1) is amended by deleting "order" in the first place
where it occurs and inserting instead --
" require ".
5 (2) Section 47(2) is repealed and the following subsection is
inserted instead --
"
(2) A survey required under subsection (1) shall be --
(a) arranged in accordance with the regulations;
10 and
(b) paid for by such party or parties to the dispute
as the warden or the Minister determines.
".
58. Section 58 amended
15 (1) Section 58(2) is amended as follows:
(a) by deleting the paragraph designation "(a)";
(b) by redesignating paragraph (b) as subsection (2a);
(c) by deleting "order" in the first place where it occurs and
inserting instead --
20 " require ";
(d) by deleting paragraph (c).
(2) Before section 58(3) the following subsection is inserted --
"
(2b) A survey required under subsection (2a) shall be --
25 (a) arranged in accordance with the regulations;
and
(b) paid for by such party or parties to the dispute
as the warden or the Minister determines.
".
page 52
Mining Amendment Bill 2004
Amendments about wardens and wardens' courts Part 9
s. 59
59. Section 59 amended
(1) Section 59(2) is amended by inserting after "prescribed time" --
" , or any notice of objection is withdrawn, ".
(2) Section 59(4) is amended as follows:
5 (a) by inserting before "the warden shall" --
" and the notice of objection is not withdrawn, ";
(b) by deleting "in open court".
60. Section 67A amended
Section 67A(4) is amended by deleting ", whether or not the
10 Minister refers the matter to the warden for a recommendation".
61. Section 70D amended
(1) Section 70D(2) is amended by inserting after "prescribed
time" --
" , or any notice of objection is withdrawn, ".
15 (2) Section 70D(4) is amended as follows:
(a) by inserting before "the warden shall" --
" and the notice of objection is not withdrawn, ";
(b) by deleting "in open court".
62. Section 70G amended
20 (1) Section 70G(1) is amended by deleting "order" in the first place
where it occurs and inserting instead --
" require ".
(2) Section 70G(2) is repealed and the following subsection is
inserted instead --
25 "
(2) A survey required under subsection (1) shall be --
(a) arranged in accordance with the regulations;
and
page 53
Mining Amendment Bill 2004
Part 9 Amendments about wardens and wardens' courts
s. 63
(b) paid for by such party or parties to the dispute
as the warden or the Minister determines.
".
63. Section 75 amended
5 (1) Section 75(2) is amended by inserting after "prescribed time" --
" , or any notice of objection is withdrawn, ".
(2) Section 75(4) is amended as follows:
(a) after paragraph (b) by inserting --
" and the notice of objection is not withdrawn, ";
10 (b) by deleting "in open court".
64. Section 97A amended
(1) Section 97A(1) is amended by deleting "to the warden".
(2) Section 97A(5) is amended by deleting "in open court".
65. Section 98 amended
15 (1) Section 98(1) is amended by deleting "to the warden".
(2) Section 98(3) is amended by deleting "in open court".
(3) Section 98(9) is amended by deleting "of the order made by the
warden" and inserting instead --
" after the penalty is imposed ".
20 66. Section 102 amended
Section 102(5)(a) is amended by deleting "in open court".
67. Section 105A amended
(1) Section 105A(3) is amended by deleting "in open court".
page 54
Mining Amendment Bill 2004
Amendments about wardens and wardens' courts Part 9
s. 68
(2) After section 105A(3) the following subsection is inserted --
"
(3a) Each ballot under subsection (3) is to be conducted in
public.
5 ".
68. Section 130 amended
Section 130 is amended by deleting "before the warden".
69. Section 131 amended
Section 131 is amended by deleting ", not being a person
10 appointed under section 13(2),".
70. Section 132 amended
(1) Section 132(1) is amended by deleting "either the warden's
court or the warden." and inserting instead --
" the warden's court. ".
15 (2) Section 132(2) is amended by deleting "all proceedings under
this Act" and inserting instead --
"
any action, suit or other proceeding within the
jurisdiction of a warden's court
20 ".
(3) Section 132(3) is amended as follows:
(a) by deleting "his" in the 3 places where it occurs and
inserting instead --
" the ";
25 (b) by deleting "he" and inserting instead --
" the court ".
71. Section 134 amended
(1) Section 134(1)(d) is deleted.
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Mining Amendment Bill 2004
Part 9 Amendments about wardens and wardens' courts
s. 72
(2) Section 134(2) is amended as follows:
(a) by deleting "warden" in the first 3 places where it occurs
and inserting instead --
" court ";
5 (b) by inserting after "taxed" --
" by the warden or the mining registrar ";
(c) by deleting the passage beginning "but an order" and
ending "frivolous or vexatious".
(3) Section 134(5) is amended as follows:
10 (a) by deleting "or the warden, as the case may require,";
(b) by deleting "or a Judge thereof ".
72. Section 135 amended
(1) Section 135(1) is amended as follows:
(a) by deleting "arising under this Act the warden, or in his
15 absence the mining registrar if the parties so agree," and
inserting instead --
"
relating to a matter within the jurisdiction of a
warden's court, the warden's court
20 ";
(b) by deleting the comma after "dispute";
(c) by deleting "he" and inserting instead --
" it ".
(2) Section 135(2) is amended as follows:
25 (a) by deleting "warden or mining registrar" and inserting
instead --
" warden's court ";
(b) by deleting "by a warden in a warden's court" and
inserting instead --
30 " in the court ".
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Mining Amendment Bill 2004
Amendments about wardens and wardens' courts Part 9
s. 73
(3) Section 135(3) is amended as follows:
(a) by deleting "warden or mining registrar, as the case
requires," and inserting instead --
" warden's court ";
5 (b) by deleting "him" and inserting instead --
" it ";
(c) by deleting "his" and inserting instead --
" its ".
(4) Section 135(4) is repealed.
10 73. Section 137 amended
(1) Section 137(1) is repealed and the following subsection is
inserted instead --
"
(1) A warden's court must ensure that evidence given in
15 proceedings before it is recorded in the manner
prescribed in the rules of court or the regulations.
".
(2) Section 137(2) and (3) are repealed.
(3) Section 137(4) is amended as follows:
20 (a) by deleting "wherein the evidence of a witness" and
inserting instead --
" in which evidence ";
(b) by deleting "thereof " and inserting instead --
" of that evidence in the prescribed form ".
25 (4) Section 137(5) is amended as follows:
(a) by deleting "who" and inserting instead --
" presiding in the court that ";
(b) by deleting ", and shall be recorded in a register kept for
the purpose".
page 57
Mining Amendment Bill 2004
Part 9 Amendments about wardens and wardens' courts
s. 74
74. Section 138 amended
Section 138(4) is amended as follows:
(a) by deleting "warden" in the first place where it occurs
and inserting instead --
5 " warden's court ";
(b) by deleting "his" in both places where it occurs and
inserting instead --
" its ";
(c) by deleting "the warden" and inserting instead --
10 " it ".
75. Section 142 amended
(1) Section 142(1) is amended by inserting after "proceedings" in
the first place where it occurs --
" in a warden's court ".
15 (2) Section 142(2) is amended as follows:
(a) by inserting after "proceedings" in the first place where
it occurs --
" in a warden's court ";
(b) by deleting "mining registrar and a warden respectively
20 have" and inserting instead --
" warden's court has ";
(c) by deleting "any" in the third place where it occurs and
inserting instead --
" such ".
25 (3) Section 142(5) is amended by deleting "mining registrar, or the
warden, as the case may be," and inserting instead --
" warden's court ".
page 58
Mining Amendment Bill 2004
Amendments about wardens and wardens' courts Part 9
s. 76
76. Sections 144 and 145 repealed
Sections 144 and 145 are repealed.
77. Section 146 amended
(1) Section 146(1) is amended by deleting "The warden" and
5 inserting instead --
" A warden's court ".
(2) Section 146(2) is amended by deleting "him" and inserting
instead --
" the court ".
10 (3) Section 146(6) is amended by deleting "warden who" and
inserting instead --
" warden's court which ".
(4) Section 146(7) is amended by deleting "he" in both places
where it occurs and inserting instead --
15 " it ".
78. Section 147 amended
(1) Section 147(1) is amended by deleting "section" and inserting
instead --
" sections 135(2) and ".
20 (2) Section 147(3) is amended by deleting "upon the warden and".
(3) Section 147(4) and (5) are repealed.
(4) Section 147(6) is amended by deleting "he" and inserting
instead --
" it ".
page 59
Mining Amendment Bill 2004
Part 9 Amendments about wardens and wardens' courts
s. 79
79. Section 148 amended
Section 148(4) is amended by deleting "and served upon the
warden".
80. Section 151 amended
5 Section 151 is amended as follows:
(a) by deleting "Part -- " and inserting instead --
" Part ";
(b) by deleting the paragraph designation "(a)";
(c) by deleting "final;" and inserting instead --
10 " final. ";
(d) by deleting paragraphs (b) and (c).
81. Section 156 amended
Section 156(1)(b)(i) is amended by deleting "or acting
warden,".
15 82. Sections 160C and 160D inserted
After section 160B the following sections are inserted --
"
160C. No right of appeal from certain decisions of warden,
mining registrar or Minister
20 No appeal lies under this Act --
(a) except as provided in Part IV, in respect of a
decision, order or recommendation of a warden
or mining registrar on --
(i) an application for a mining tenement;
25 (ii) an application for forfeiture of a mining
tenement; or
(iii) an application for exemption from
expenditure or other conditions;
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Amendments about wardens and wardens' courts Part 9
s. 83
(b) in respect of a decision or order of the Minister
on --
(i) an application for a mining tenement;
(ii) an application for forfeiture of a mining
5 tenement; or
(iii) an application for exemption from
expenditure or other conditions;
or
(c) in respect of a determination of a warden or
10 mining registrar if a provision of this Act
provides that the determination is final and
conclusive and not subject to appeal.
160D. Persons before whom affidavit may be sworn
An affidavit to be used in a warden's court or before a
15 warden or a mining registrar may be sworn before --
(a) a commissioner for taking affidavits in the
Supreme Court;
(b) a warden;
(c) a mining registrar;
20 (d) a justice;
(e) a public notary as defined in the Public
Notaries Act 1979; or
(f) a prescribed official.
".
25 83. Section 161 amended
After section 161(3) the following subsection is inserted --
"
(4) In any proceedings --
(a) a document purporting to be a copy of a
30 judgment, order or decision of a warden or a
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Mining Amendment Bill 2004
Part 9 Amendments about wardens and wardens' courts
s. 84
warden's court, or of a document filed or
lodged in proceedings under this Act, and
purporting to be certified by --
(i) a warden;
5 (ii) a mining registrar; or
(iii) a prescribed official,
to be such a copy, is admissible as a true copy
of the judgment, order, decision or document;
and
10 (b) judicial notice is to be taken of the signature of
a person referred to in paragraph (a)(i), (ii) or
(iii) on a certificate under that paragraph.
".
84. Section 162 amended
15 (1) Section 162(2) is amended as follows:
(a) in paragraph (ka)(iii) by deleting "warden's court" and
inserting instead --
" warden ";
(b) after paragraph (r) by inserting the following
20 paragraphs --
"
(ra) without limiting paragraph (a), prescribe and
regulate the powers, functions and duties of the
warden in proceedings in respect of an
25 application or objection under Part IV
("Part IV proceedings"), including powers to
order costs and require security for costs;
(rb) prescribe and regulate the practice and
procedure to be followed in Part IV
30 proceedings;
page 62
Mining Amendment Bill 2004
Amendments about wardens and wardens' courts Part 9
s. 85
(rc) prescribe a scale of costs for Part IV
proceedings and provide for the taxation and
recovery of costs in those proceedings;
".
5 (2) After section 162(3) the following subsection is inserted --
"
(4) Regulations made under subsection (2)(ra) may apply
the provisions of sections 142 and 146 with such
modifications as are prescribed.
10 ".
85. Various references to "warden" changed to "warden's
court"
In each place listed in the Table to this section "warden" is
deleted and the following is inserted instead --
15 " warden's court ".
Table
s. 115(3)(b) s. 146(3)
s. 123(3)(a) s. 146(4)
s. 124(1) s. 146(5)(a)
s. 132(3) s. 146(7)
s. 134(3)(i) s. 147(6)
s. 143 (2 places) s. 148(4)
s. 146(2) s. 148(6) (2 places)
86. Transitional provision
If, on the commencement of this Part, an application or
objection in respect of a mining tenement has been made, but
20 has not been determined, under Part IV of the Mining Act 1978,
the application or objection is to be dealt with and determined
under that Act as if this Part had not come into operation.
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Mining Amendment Bill 2004
Part 10 Other amendments to the Mining Act 1978
s. 87
Part 10 -- Other amendments to the Mining Act 1978
87. Section 8 amended
Section 8(1) is amended by inserting in the appropriate
alphabetical positions the following definitions --
5 "
"Director, Geological Survey" means the person for
the time being holding or acting in the office of
Director, Geological Survey in the Department;
"ground disturbing equipment" means --
10 (a) mechanical drilling equipment;
(b) a backhoe, bulldozer, grader or scraper; or
(c) any other machinery of a kind prescribed for
the purposes of this definition;
"prescribed official" means the holder of an office in
15 the Department that is prescribed, or is of a class
prescribed, for the purposes of the provision in
which the term is used;
".
88. Section 20 amended
20 Section 20(2) is amended by deleting paragraph (e), and "and"
after it, and inserting instead --
"
(e) to camp on Crown land, for the purpose of
prospecting, in such manner and subject to such
25 conditions as may be prescribed; and
".
89. Section 63A amended
Section 63A is amended as follows:
(a) in paragraph (aa) by inserting after "60(1a)" --
30 " 65(4), 69E(2) or 115B(2) ";
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Mining Amendment Bill 2004
Other amendments to the Mining Act 1978 Part 10
s. 90
(b) after paragraph (b) by inserting the following
paragraph --
"
(baa) any request under section 68(1) or (2) in
5 relation to the exploration licence is not
complied with;
".
90. Section 70H amended and transitional provision
(1) Section 70H(1) is amended as follows:
10 (a) before paragraph (a) by inserting the following
paragraph --
"
(aa) not use ground disturbing equipment when
exploring for minerals on the land the subject
15 of the licence unless --
(i) the holder has lodged in the prescribed
manner a programme of work in respect
of that use; and
(ii) the programme of work has been
20 approved in writing by the Minister or a
prescribed official;
";
(b) in paragraph (a) --
(i) by deleting "the State Mining Engineer" in the
25 first place where it occurs and inserting
instead --
" a prescribed official ";
(ii) by deleting "the State Mining Engineer" in the
second place where it occurs and inserting
30 instead --
" the prescribed official ".
page 65
Mining Amendment Bill 2004
Part 10 Other amendments to the Mining Act 1978
s. 91
(2) Section 70H(1)(aa) of the Mining Act 1978 as inserted by
subsection (1) does not apply to a retention licence granted
under that Act before the day on which this section comes into
operation.
5 91. Section 90 replaced
Section 90 is repealed and the following section is inserted
instead --
"
90. Application of certain provisions to general
10 purpose leases
(1) Section 6(1a), (1c) and (1d) apply, with such
modifications as the circumstances require, to and in
relation to a general purpose lease as if --
(a) a reference in those subsections to a mining
15 lease were a reference to a general purpose
lease; and
(b) the reference in subsection (1d)(a) to the
condition referred to in section 82(1)(ca) were a
reference to a condition prescribed by the
20 regulations for the purposes of section 89.
(2) Section 74 applies, with such modifications as the
circumstances require, to and in relation to a general
purpose lease as if --
(a) a reference in that section to a mining lease
25 were a reference to a general purpose lease; and
(b) in subsection (1)(ca)(ii) "and a mineralisation
report prepared by a qualified person" were
deleted.
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Mining Amendment Bill 2004
Other amendments to the Mining Act 1978 Part 10
s. 92
(3) Section 75 applies, with such modifications as the
circumstances require, to and in relation to a general
purpose lease as if --
(a) a reference in that section to a mining lease
5 were a reference to a general purpose lease; and
(b) the amendments made to that section by
section 31 of the Mining Amendment Act 2004
had not come into operation.
(4) Sections 76, 79, 80, 82A, 83, 84, 84A, 104 and 105
10 apply, with such modifications as the circumstances
require, to and in relation to a general purpose lease as
if a reference in those sections to a mining lease were a
reference to a general purpose lease.
".
15 92. Section 95 amended
Section 95(2) is repealed.
93. Section 96 amended
Section 96(2)(bb) is amended by inserting after "52(1a)" --
" , 55B(2) or 115B(2) ".
20 94. Section 102 amended
(1) Section 102(2)(h) is deleted and the following paragraph is
inserted instead --
"
(h) that --
25 (i) the mining tenement is one of 2 or more
mining tenements ("combined
reporting tenements") the subject of
arrangements approved under
section 115A(4) for the filing of
30 combined mineral exploration reports;
and
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Mining Amendment Bill 2004
Part 10 Other amendments to the Mining Act 1978
s. 95
(ii) the aggregate exploration expenditure
for the combined reporting tenements
would have been such as to satisfy the
expenditure requirements for the mining
5 tenement concerned had that aggregate
exploration expenditure been
apportioned between the combined
reporting tenements.
".
10 (2) After section 102(2) the following subsection is inserted --
"
(2a) In subsection (2)(h) --
"aggregate exploration expenditure" means
expenditure --
15 (a) on, or in connection with, exploration for
minerals on the combined reporting
tenements; and
(b) worked out in a manner specified in the
regulations.
20 ".
95. Section 105A amended
Section 105A(4)(b) is amended as follows:
(a) in subparagraph (i) by inserting after "subparagraph" --
" (ia), ";
25 (b) after subparagraph (i) by inserting the following
subparagraph --
"
(ia) where the land concerned is land to
which section 65(6) applies, lodging
30 that application at the office of the
mining registrar;
".
page 68
Mining Amendment Bill 2004
Other amendments to the Mining Act 1978 Part 10
s. 96
96. Sections 114B and 114C inserted
After section 114A the following sections are inserted --
"
114B. Continuation of liability after expiry, surrender or
5 forfeiture of mining tenement
The expiry, surrender or forfeiture of a mining
tenement does not affect the liability of the person who
was the holder of the mining tenement immediately
before its expiry, surrender or forfeiture --
10 (a) to pay any rent, fee, royalty, penalty, or other
money on any other account, payable on or
before the date of expiry, surrender or forfeiture
under or in relation to the mining tenement;
(b) to comply with any obligation imposed on or
15 before that date under or in relation to the
mining tenement; or
(c) for any act done or default made on or before
that date under or in relation to the mining
tenement.
20 114C. Right to enter land to carry out remedial work after
expiry, surrender or forfeiture of mining tenement
(1) In this section --
"former holder", in relation to a mining tenement,
means the person who was the holder of the
25 mining tenement immediately before its expiry,
surrender or forfeiture;
"remedial work" means work necessary for
compliance by the former holder of a mining
tenement with an obligation referred to in
30 section 114B(b).
(2) Where a mining tenement expires or is surrendered or
forfeited, the former holder of the mining tenement
page 69
Mining Amendment Bill 2004
Part 10 Other amendments to the Mining Act 1978
s. 97
may enter and re-enter the land that was the subject of
the mining tenement with such agents, employees,
vehicles, machinery and equipment as may be
necessary or expedient for the purpose of carrying out
5 remedial work on that land.
".
97. Section 115B inserted and consequential amendments
(1) After section 115A the following section is inserted --
"
10 115B. Verification of expenditure amounts in
operations reports
(1) In this section --
"audit amount" means the amount of expenditure
shown in an audit statement;
15 "audit statement" means a statement containing
details of expenditure during the period to which
an operations report relates;
"expenditure" means expenditure on or in connection
with mining on a mining tenement;
20 "expenditure amount" means the amount of
expenditure during the period to which an
operations report relates;
"operations report" has the meaning given to that
term in section 115A(1).
25 (2) For the purpose of verifying the expenditure amount
shown in an operations report, the Minister may, by
notice in writing, require the holder of a mining
tenement to file an audit statement, or cause an audit
statement to be filed, with the Department at Perth
30 within a period specified in the notice.
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Mining Amendment Bill 2004
Other amendments to the Mining Act 1978 Part 10
s. 97
(3) An audit statement is to be prepared and signed by --
(a) a person registered as an auditor, or taken to be
registered as an auditor, under Part 9.2 of the
Corporations Act; or
5 (b) another suitably qualified person approved by
the Minister for the purposes of this section.
(4) If the audit amount differs from the expenditure
amount shown in the operations report, the Minister
may determine in writing that the audit amount is to be
10 regarded as the expenditure amount for the purposes of
this Act.
".
(2) Section 70K is amended as follows:
(a) after paragraph (c) by deleting "or";
15 (b) after paragraph (d) by deleting the full stop and
inserting --
"
; or
(e) the holder of the licence fails to comply with a
20 notice under section 115B(2) requiring that
person to file an audit statement or cause an
audit statement to be filed.
".
(3) Section 82(1)(g) is amended by inserting before "in relation to
25 the lease" --
" or 115B(2) ".
page 71
Mining Amendment Bill 2004
Part 10 Other amendments to the Mining Act 1978
s. 98
98. Section 118A inserted and validation and transitional
provisions
(1) After section 118 the following section is inserted --
"
5 118A. Tenement holder may authorise mining by third
party
(1) In this section --
"authorisation" means an authorisation under
subsection (2).
10 (2) The holder of a prospecting licence, exploration licence
or mining lease (the "relevant tenement") may, by
instrument in writing, authorise another person to carry
out mining of a kind authorised by the relevant
tenement on the land the subject of the relevant
15 tenement.
(3) An authorisation may be given subject to conditions
specified in the authorisation.
(4) Mining carried out under an authorisation is to be
regarded for the purposes of this Act as mining carried
20 out by the holder of the relevant tenement.
(5) Expenditure on or in connection with mining carried
out under an authorisation is to be regarded for the
purposes of the prescribed expenditure conditions
referred to in section 50, 62 or 82(1)(c) as expenditure
25 by the holder of the relevant tenement.
(6) The giving of an authorisation does not affect the
duties or obligations of the holder of the relevant
tenement under this Act.
".
30 (2) A mining authorisation given before the commencement is, and
is to be taken to have always been, as valid and effective as it
page 72
Mining Amendment Bill 2004
Other amendments to the Mining Act 1978 Part 10
s. 99
would have been if the amendment made by subsection (1) had
been in effect at the time it was given.
(3) On and after the commencement an existing mining
authorisation is be treated as an authorisation under
5 section 118A(2) of the Mining Act 1978 as inserted by
subsection (1).
(4) In subsections (2) and (3) --
"commencement" means the commencement of this section;
"existing mining authorisation" means a mining authorisation
10 in force immediately before the commencement;
"mining authorisation" means an instrument in writing under
which the holder of a prospecting licence, exploration
licence or mining lease (as those terms are defined in the
Mining Act 1978) purports to authorise another person to
15 carry out mining of the kind authorised by the licence or
lease on the land the subject of the licence or lease.
99. Section 120AA inserted
After section 120 the following section is inserted in Part V --
"
20 120AA. Scheme for reversion licence applications
(1) In this section --
"amending Act" means an Act that amends this Act;
"continued licence" means --
(a) a prospecting licence continued in force
25 under section 49(2);
(b) an exploration licence continued in force
under section 67(2); or
(c) a retention licence continued in force under
section 70L(2);
page 73
Mining Amendment Bill 2004
Part 10 Other amendments to the Mining Act 1978
s. 99
"lease application" means an application for a mining
lease under this Act including an application
authorised by section 49(1), 67(1) or 70L(1);
"reversion licence application" means an application
5 for a prospecting licence or an exploration licence
under this Act.
(2) The Governor, by order published in the Gazette, may
establish a scheme authorising any person who, on or
before a day specified in the order, has made a lease
10 application or lease applications to make one or more
reversion licence applications in respect of land the
subject of the lease application or lease applications.
(3) An order under subsection (2) may provide for and in
relation to --
15 (a) the making of reversion licence applications
and related matters including marking out and
advertising;
(b) the operation and effect of a reversion licence
application including its effect on --
20 (i) the lease application or lease
applications to which it relates; and
(ii) any continued licence held by the
applicant;
(c) priority as between reversion licence
25 applications and other mining tenement
applications;
(d) the circumstances in which objections may be
made to reversion licence applications;
(e) the operation and effect of prospecting licences
30 and exploration licences granted as a result of
reversion licence applications;
(f) the refund of rent paid in respect of a lease
application or lease applications if a
page 74
Mining Amendment Bill 2004
Other amendments to the Mining Act 1978 Part 10
s. 100
prospecting licence or an exploration licence is
granted as a result of a reversion licence
application; and
(g) any other matters of an incidental,
5 supplementary, savings or transitional nature
that are necessary or expedient for the purposes
of the scheme referred to in subsection (2).
(4) Without limiting subsection (3), an order under
subsection (2) may provide for a reversion licence
10 application to include land that is not the subject of the
relevant lease application or lease applications.
(5) An order under subsection (2) has effect for the period
specified in the order.
(6) The Governor, by order published in the Gazette, may
15 amend or revoke an order under subsection (2).
(7) Section 42 of the Interpretation Act 1984 applies to an
order under this section as if it were a regulation.
".
100. Section 162 amended
20 (1) Section 162(2) is amended as follows:
(a) after paragraph (g) by inserting the following
paragraphs --
"
(ga) prescribe grounds for extension for the
25 purposes of section 45(1a) and 61(2);
(gb) prescribe grounds for deferral for the purposes
of section 65(3a);
";
(b) in paragraph (k) by deleting "and records" and inserting
30 instead --
" , and the keeping and furnishing of records, ".
page 75
Mining Amendment Bill 2004
Part 10 Other amendments to the Mining Act 1978
s. 101
(2) After section 162(2) the following subsection is inserted --
"
(2a) Subsection (2)(x) applies to information irrespective of
when --
5 (a) any application or report containing the
information was made or given; or
(b) the information was supplied to the Minister, a
warden or an official,
as the case may be.
10 ".
101. Section 163 inserted
After section 162 the following section is inserted --
"
163. Review of Act
15 (1) The Minister is to carry out a review of the operation
and effectiveness of this Act as amended by the Mining
Amendment Act 2004 within 6 months after the fifth
anniversary of the day on which that Act received the
Royal Assent.
20 (2) The Minister is to prepare a report based on the review
and, as soon as is practicable after the report is
prepared, is to cause the report to be laid before each
House of Parliament.
".
page 76
Mining Amendment Bill 2004
Mining Amendment Act 1996 amended Part 11
s. 102
Part 11 -- Mining Amendment Act 1996 amended
102. The Act amended
The amendments in this Part are to the Mining Amendment
Act 1996*.
5 [* Act No. 54 of 1996.]
103. Section 15 amended
Section 15 is amended as follows:
(a) in proposed section 103C(8) by inserting before
"estate" --
10 " legal ";
(b) by deleting proposed section 103E and inserting the
following section instead --
"
103E. Priority of dealings
15 Dealings affecting the same mining tenement take
priority according to the date and time of their
registration.
".
104. Section 18 amended
20 Section 18 is amended as follows:
(a) by deleting proposed section 122A(2)(a), and "and"
after it, and inserting instead --
"
(a) the holder of a mining tenement has entered
25 into an agreement with another person relating
to --
(i) the sale of the holder's interest in the
mining tenement; or
page 77
Mining Amendment Bill 2004
Part 11 Mining Amendment Act 1996 amended
s. 104
(ii) any other matter connected with the
holder's interest in the mining tenement;
and
";
5 (b) in proposed section 122A(6) by deleting "by leave" and
inserting instead --
" with the consent ";
(c) in proposed section 122D(1) --
(i) by deleting "to"; and
10 (ii) by deleting "upon the order" and inserting
instead --
" with the consent ";
(d) in proposed section 122E(1)(a) by deleting "order" and
inserting instead --
15 " direction ";
(e) in proposed section 122E(1)(c) by deleting "orders." and
inserting instead --
" directs. ";
(f) in proposed section 122E(2)(a) by deleting "order" and
20 inserting instead --
" direction ".
page 78
Mining Amendment Bill 2004
Transitional regulations Part 12
s. 105
Part 12 -- Transitional regulations
105. Further transitional provisions may be made
(1) In this section --
"amending provision" means a provision of this Act;
5 "commencement" means the commencement of this section;
"specified" means specified or described in the regulations;
"transitional matter" means a matter that needs to be dealt
with for the purpose of effecting the transition from the
Mining Act 1978 as in force before an amending provision
10 comes into operation to that Act as in force after the
amending provision comes into operation, and includes a
savings or application matter.
(2) If there is no sufficient provision in this Act for dealing with a
transitional matter, regulations may be made under the Mining
15 Act 1978 prescribing all matters that are required, necessary or
convenient to be prescribed in relation to the transitional matter.
(3) Regulations referred to in subsection (2) may provide that
specified provisions of this Act or the Mining Act 1978 --
(a) do not apply; or
20 (b) apply with specified modifications,
to or in relation to any matter.
(4) Regulations referred to in subsection (2) must be made within
12 months after the commencement.
(5) If regulations referred to in subsection (2) provide that a
25 specified state of affairs is to be taken to have existed, or not to
have existed, on and from a day that is earlier than the day on
which the regulations are published in the Gazette but not
earlier than the commencement, the regulations have effect
according to their terms.
page 79
Mining Amendment Bill 2004
Part 12 Transitional regulations
s. 105
(6) If regulations contain a provision referred to in subsection (5),
the provision does not operate so as to --
(a) affect in a manner prejudicial to any person (other than
the State or an authority of the State), the rights of that
5 person existing before the day of publication of those
regulations; or
(b) impose liabilities on any person (other than the State or
an authority of the State) in respect of anything done or
omitted to be done before the day of publication of those
10 regulations.
page 80
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