Western Australian Consolidated Acts

MINING ACT 1978

TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title  
   2.      Commencement  
   4.      Transitional provisions  
   5.      Saving  
   6.      Operation of this Act  
   8.      Interpretation  
   8A.     Rights in respect of oil shale or coal  
   9.      Gold and silver and other precious metals property of the Crown  
   9B.     Position on the Earth’s surface  

   PART II -- Administration, mineral fields and courts  

   10.     Administration of Act  
   11.     Chief executive officer and other officers  
   12.     Delegation  
   13.     Wardens of mines  
   15.     Warden prohibited from adjudicating in certain matters and officer prohibited from using information  
   16.     Power to proclaim mineral fields  

   PART III -- Land open for mining  

           Division 1 -- Crown land  

   18.     Crown land open for mining  
   19.     Power to set aside land for mining or exempt it therefrom  
   20.     General rights to prospect and protection of certain Crown land  
   20A.    Permit to prospect on Crown land the subject of an exploration licence  
   20B.    Power to remove Crown land from the operation of section 20A  
   20C.    Limitation on actions in tort  
   21.     Power to resume land  
   22.     Effect of resumption  

           Division 2 -- Public reserves, etc.  

   23.     Mining on public reserves, etc.  
   24.     Classification of reserves  
   24A.    Mining in marine reserves  
   25.     Mining on foreshore, sea bed, navigable waters or townsite  
   26.     Terms and conditions  
   26A.    Mining tenements within townsites  

           Division 3 -- Private land  

   27.     Private land open for mining  
   28.     Unlawful entry on private land  
   29.     Granting of mining tenements in respect of private land  
   30.     Granting of permits in respect of private land  
   31.     Holder of permit to give notice to owner and occupier  
   32.     Rights conferred by a permit  
   33.     Application for mining tenement by permit holder  
   35.     Compensation to be agreed upon or determined before mining operation commences  
   37.     Application to bring certain private land under this Division  
   38.     Right of owner to apply for mining tenement  
   39.     Owner to comply with mining tenement conditions  

   PART IV -- Mining tenements  

           Division 1 -- Prospecting licence  

   40.     Grant of prospecting licence  
   41.     Application for prospecting licence  
   42.     Determination of application for prospecting licence  
   43.     Prospecting licence not to include land already the subject of a mining tenement  
   44.     Power to grant prospecting licence over all or part of land in application  
   45.     Term of prospecting licence  
   46.     Conditions attached to every prospecting licence  
   46A.    Conditions for prevention or reduction of injury to land  
   47.     Survey of area of prospecting licence not required in first instance  
   48.     Rights conferred by prospecting licence  
   49.     Holder of prospecting licence to have priority for grant of mining leases or general purpose leases  
   50.     Compliance with expenditure conditions  
   51.     Reports of work and expenditure  
   51A.    Geological samples  
   52.     Security relating to prospecting licence  
   53.     Application for retention status  
   54.     Approval of retention status  
   55.     Consultation with other Ministers  
   55A.    Programme of work  
   55B.    Holder of prospecting licence with retention status may be required to apply for mining lease  
   56.     Appeal against refusal to grant prospecting licence  
   56A.    Special prospecting licences  
   56B.    Certain licence holders to have right to apply for further prospecting licence  

           Division 2 -- Exploration licence  

   56C.    Graticular sections  
   57.     Grant of exploration licence  
   57A.    Designation of areas for purposes of s. 57(2aa)  
   58.     Application for exploration licence  
   59.     Determination of application for exploration licence  
   60.     Security relating to exploration licence  
   61.     Term of exploration licence  
   62.     Expenditure conditions  
   63.     Condition attached to exploration licence  
   63AA.   Conditions for prevention or reduction of injury to land  
   63A.    When exploration licence liable to forfeiture  
   64.     Consent to dealing in exploration licence  
   65.     Surrender of certain areas subject to the exploration licence  
   66.     Rights conferred by exploration licence  
   67.     Holder of exploration licence to have priority for grant of mining leases or general purpose leases  
   67A.    Holder of exploration licence may apply to amalgamate secondary tenement  
   68.     Holder of exploration licence to keep geological records  
   69.     Land the subject of exploration licence not to be again marked out for a certain period  
   69A.    Application for retention status  
   69B.    Approval of retention status  
   69C.    Consultation with other Ministers  
   69D.    Programme of work  
   69E.    Holder of exploration licence with retention status may be required to apply for mining lease  
   70.     Special prospecting licence on an exploration licence  

           Division 2A -- Retention licence  

   70A.    Meaning of “primary tenement”  
   70B.    Grant of retention licence  
   70C.    Application for retention licence  
   70D.    Determination of application for retention licence  
   70E.    Term of retention licence and renewal  
   70F.    Security relating to retention licence  
   70G.    Survey of area of retention licence not required in first instance  
   70H.    Conditions attached to retention licence  
   70I.    Conditions for prevention or reduction of injury to land  
   70IA.   Programme of work  
   70J.    Rights conferred by retention licence  
   70K.    When retention licence liable to forfeiture  
   70L.    Holder of retention licence to have priority for grant of mining lease or general purpose lease  
   70M.    Holder of retention licence to show cause why mining lease should not be applied for  
   70N.    Land the subject of retention licence not to be again marked out for a certain period  

           Division 3 -- Mining lease  

   70O.    Definitions  
   70P.    Guidelines to be publicly available  
   71.     Grant of mining lease  
   72.     Person may be granted more than one mining lease  
   73.     Area of mining lease may be less than area sought  
   74.     Application for mining lease  
   74A.    Report on significant mineralisation required for certain applications  
   75.     Determination of application for mining lease  
   76.     Priorities as to mining tenements  
   78.     Term of leases, options and renewals  
   79.     Approval of application  
   80.     Surveys of mining leases  
   82.     Covenants and conditions of lease  
   82A.    Condition to be included in certain mining leases  
   83.     Issue of mining leases  
   84.     Conditions for prevention or reduction of injury to land  
   84A.    Security relating to mining lease  
   85.     Rights of holder of mining lease  
   85A.    Land the subject of mining lease not to be again marked out for a certain period  
   85B.    Special prospecting licence on a mining lease  

           Division 4 -- General purpose lease  

   86.     Grant of general purpose lease  
   87.     Purposes for which general purpose lease may be granted  
   88.     Term of general purpose lease  
   89.     Form of general purpose lease  
   90.     Application of certain provisions to general purpose leases  

           Division 5 -- Miscellaneous licences  

   91.     Grant of miscellaneous licence  
   91A.    Term and renewal of existing licence or licence granted in respect of existing application  
   91B.    Term and renewal of licence granted in respect of new application  
   92.     Provisions applying to all miscellaneous licences  
   93.     Map to accompany plan  
   94.     Terms and conditions  
   94A.    Grant of mining tenement on land in a miscellaneous licence  
   94B.    Surrender etc., of concurrent tenement  

           Division 6 -- Surrender and forfeiture of mining tenements  

   95.     Surrender of mining tenement  
   95A.    Exploration licence -- surrender of part of block  
   96.     Forfeiture of certain mining tenements  
   96A.    Forfeiture of exploration licence or retention licence  
   97.     Forfeiture of mining lease or general purpose lease  
   97A.    Appeals against cancellation of forfeiture  
   98.     Application for forfeiture on other grounds  
   99.     Proceedings by Minister on recommendation  
   100.    Applicant to have priority for marking out and applying for surrendered or forfeited licence or lease  
   101.    Application for forfeiture of mining tenement while holder is a company in process of winding up  

           Division 7 -- Exemption from expenditure conditions  

   102.    Exemption from expenditure conditions  
   102A.   Exemption from expenditure conditions in respect of certain holders of exploration licences  
   103.    Effect of exemption  

   PART IVA -- Registration of instruments and register  

   103A.   Definition  
   103B.   Authorised officers  
   103C.   Registration  
   103D.   Provisional lodgment  
   103EA.  Memorial for unpaid tax  
   103E.   Priority of dealings  
   103F.   Register  
   103G.   Amendment of register  
   103H.   Regulations relating to register  

   PART V -- General provisions relating to mining and mining tenements  

   104.    Entry on land for purpose of marking out, etc.  
   105.    Marking out of mining tenement  
   105A.   Priorities between applicants for certain tenements  
   105B.   Grant of tenement subject to survey  
   106.    Offence of destroying marks or obstructing surveyor, etc.  
   107.    Areas covered by water not required to be marked out  
   108.    Rent payable for mining tenement  
   109.    Royalties  
   109A.   Verification of royalties payable  
   110.    Mining lease restricted to certain minerals  
   111.    Power of Minister to exclude mining for iron from mining tenements  
   111A.   Minister may terminate or summarily refuse certain applications  
   112.    Reservation in favour of Crown on prospecting licence or exploration licence to take rock, etc.  
   113.    Repossession of land on expiry, etc., of mining tenement  
   114.    Removal of buildings etc., on expiry etc., of mining tenement  
   114A.   Rights conferred under mining tenement exercisable in respect of mining product belonging to Crown  
   114B.   Continuation of liability after expiry, surrender or forfeiture of mining tenement  
   114C.   Right to enter land to carry out remedial work after expiry, surrender or forfeiture of mining tenement  
   115.    Power to enter on land for surveys  
   115A.   Mineral exploration reports  
   115B.   Verification of expenditure amounts in operations reports  
   116.    Instrument of licence or lease  
   117.    Mining tenements protected  
   118.    Notice of application to be given to lessee of pastoral lease  
   118A.   Tenement holder may authorise mining by third party  
   119.    Mining tenement may be sold, etc.  
   119A.   Mining tenement may be mortgaged  
   120.    Planning schemes to be considered but not to derogate from this Act  
   120AA.  Scheme for reversion licence applications  

   PART VI -- Caveats  

   121.    Definitions  
   122.    Certain surrenders not affected by this Part  
   122A.   Lodgment of caveats  
   122B.   Provisional lodgment  
   122C.   Caveats deemed to be lodged against later tenements  
   122D.   Effect of caveat  
   122E.   Duration of caveat  

   PART VII -- Compensation  

   123.    Compensation in respect of mining  
   124.    Powers of and matters to be considered and expected by warden’s court in determining compensation  
   125.    Limitation on compensation  
   125A.   Liability for payment of compensation to native title holders  
   126.    Securities  

   PART VIII -- Administration of justice  

   127.    Establishment of wardens’ courts  
   128.    Warden’s court to be court of record  
   129.    Signing of process  
   130.    Times for holding warden’s court  
   131.    Power of a warden to act in absence of warden usually presiding  
   132.    Jurisdiction of warden’s court  
   133.    Offences to be dealt with by magistrate  
   134.    Powers of warden’s court  
   135.    Summary determination by warden by consent  
   136.    Practice and procedure in warden’s court  
   137.    Records of evidence  
   138.    Mode of trial  
   139.    Contempt of court  
   140.    Judgments, enforcement of  
   142.    Informality and amendment  
   143.    Notice of injunction affecting mining tenement to be notified  
   146.    Reservation of questions of law: hearing and determination thereof  
   147.    Appeal to the Supreme Court  
   148.    Procedure on appeal  
   149.    Power of Supreme Court on appeal  
   150.    Withdrawal or failure to prosecute appeal  
   151.    Limitation of right of appeal  

   PART IX -- Miscellaneous and regulations  

   152.    Police to assist warden  
   153.    Minor capable of being sued and of suing  
   154.    General penalty  
   155.    Offence of mining without authority  
   155A.   Aerial survey work  
   156.    Offences  
   157.    Obstruction of persons authorised to mine under this Act  
   158.    Power to require information as to right to mine  
   159.    Disputes between licensees and other persons  
   160.    Saving of civil remedies  
   160A.   Immunity of Minister and officials  
   160B.   Time limit for prosecution action  
   160C.   No right of appeal from certain decisions of warden, mining registrar or Minister  
   160D.   Persons before whom affidavit may be sworn  
   161.    Evidentiary provisions  
   162.    Regulations  
   163.    Review of Act  
           SECOND SCHEDULE
           THIRD SCHEDULE
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