MINING AMENDMENT BILL 2005

Western Australian Bills

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This is a Bill, not an Act. For current law, see the Acts databases.

MINING AMENDMENT BILL 2005

Western Australia

Mining Amendment Bill 2005

CONTENTS

1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Section 8 amended 2
5. Section 43 amended 2
6. Section 56A amended 3
7. Section 57 amended 4
8. Section 63A amended 4
9. Section 65 amended 4
10. Section 70 amended 4
11. Section 120AA amended 5

049--1 page i
Western Australia

LEGISLATIVE ASSEMBLY

Mining Amendment Bill 2005

A Bill for

An Act to amend the Mining Act 1978.

The Parliament of Western Australia enacts as follows:

1. Short title
This is the Mining Amendment Act 2005.

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Mining Amendment Bill 2005

s. 2

2. Commencement
(1) Except as stated in subsections (2), (3), (4) and (5), this Act
comes into operation on a day fixed by proclamation.
(2) Section 5 comes into operation immediately after section 4 of
5 the Mining Amendment Act 2004 comes into operation.
(3) Section 8 comes into operation immediately after section 89 of
the Mining Amendment Act 2004 comes into operation.
(4) Section 9 comes into operation immediately after section 16 of
the Mining Amendment Act 2004 comes into operation.
10 (5) Section 11 comes into operation immediately after section 99 of
the Mining Amendment Act 2004 comes into operation.

3. The Act amended
The amendments in this Act are to the Mining Act 1978*.
[* Reprinted as at 7 September 2001.
15 For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 294-5.]

4. Section 8 amended
Section 8(1) is amended by inserting in the appropriate
alphabetical position --
20 "
"reversion licence application" means a reversion
licence application authorised by an order under
section 120AA(2);
".

25 5. Section 43 amended
Section 43(2) is amended as follows:
(a) by inserting after "special prospecting licence" --
" granted ";

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Mining Amendment Bill 2005

s. 6

(b) by inserting after "section 56A" --
" , 70 or 85B ";
(c) by inserting after "section 56B" --
" or a reversion licence application ".

5 6. Section 56A amended
(1) Section 56A(1)(b) is amended by inserting after "case," --
" unless subsection (1aa) applies, ".
(2) After section 56A(1) the following subsection is inserted --
"
10 (1aa) If the primary tenement was granted as a result of an
application under section 56B or a reversion licence
application, a special prospecting licence may be
marked out and applied for at any time after the date on
which the primary tenement was granted.
15 ".
(3) Section 56A(12) is amended as follows:
(a) after paragraph (a) by deleting "or";
(b) by deleting "special prospecting licence." at the end of
paragraph (b) and inserting instead --
20 "
application for a special prospecting licence or
the special prospecting licence, as the case
requires;
(c) prior to the surrender, forfeiture or expiry of the
25 primary tenement the holder of the primary
tenement makes an application under
section 56B and a prospecting licence is
granted as a result of that application in respect
of any land the subject of the application for a
30 special prospecting licence or the special
prospecting licence, as the case requires; or

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Mining Amendment Bill 2005

s. 7

(d) prior to the surrender, forfeiture or expiry of the
primary tenement the holder of the primary
tenement makes a reversion licence application
and a prospecting licence or an exploration
5 licence is granted as a result of that application
in respect of any land the subject of the
application for a special prospecting licence or
the special prospecting licence, as the case
requires.
10 ".

7. Section 57 amended
After section 57(2e) the following subsection is inserted --
"
(2ea) Where the application for the exploration licence is a
15 reversion licence application, the reference in
subsection (2e) to a current mining tenement does not
include a continuing licence as defined in
section 120AA(1).
".

20 8. Section 63A amended
Section 63A(aa) is amended by inserting a comma after
"60(1a)".

9. Section 65 amended
Section 65(1) is amended in paragraph (b) of the definition of
25 "surrender day" by deleting "(3c)" and inserting instead --
" (3d) ".

10. Section 70 amended
(1) Section 70(1)(b) is amended by inserting after "case," --
" unless subsection (1aa) applies, ".

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s. 11

(2) After section 70(1) the following subsection is inserted --
"
(1aa) If the primary tenement was granted as a result of a
reversion licence application, a special prospecting
5 licence may be marked out and applied for at any time
after the date on which the primary tenement was
granted.
".
(3) Section 70(12) is amended as follows:
10 (a) after paragraph (a) by deleting "or";
(b) by deleting "special prospecting licence." at the end of
paragraph (b) and inserting instead --
"
application for a special prospecting licence or
15 the special prospecting licence, as the case
requires; or
(c) prior to the surrender, forfeiture or expiry of the
primary tenement the holder of the primary
tenement makes a reversion licence application
20 and a prospecting licence or an exploration
licence is granted as a result of that application
in respect of any land the subject of the
application for a special prospecting licence or
the special prospecting licence, as the case
25 requires.
".

11. Section 120AA amended
(1) Section 120AA(1) is amended as follows:
(a) by deleting the definitions of "amending Act" and
30 "reversion licence application";

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Mining Amendment Bill 2005

s. 11

(b) by deleting the definition of "continued licence" and
inserting instead --
"
"continuing licence" means a prospecting licence,
5 exploration licence or retention licence that has
effect in relation to land to which a reversion
licence application applies;
";
(c) by deleting the semicolon at the end of the definition of
10 "lease application" and inserting a full stop instead.
(2) Section 120AA(2) is amended by deleting "reversion licence
applications" and inserting instead --
"
applications for a prospecting licence or an
15 exploration licence
".
(3) Section 120AA(3)(b)(ii) is amended by deleting "continued"
and inserting instead --
" continuing ".
20 (4) After section 120AA(7) the following subsections are
inserted --
"
(8) An order under subsection (2) has effect despite any
other provision of this Act.
25 (9) Despite sections 18, 23 and 27, a reversion licence
application may be made in respect of land that is the
subject of a mining tenement if the mining tenement is
a continuing licence held by the applicant.
(10) Section 40(1)(b) or (c) of the Mining Amendment
30 Act 1990 does not apply if the land that has become
available from an existing licence, as defined in
section 40(3) of that Act, has been included in a

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Mining Amendment Bill 2005

s. 11

reversion licence application and a prospecting licence
is granted in respect of that application.
".

page 7

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