Western Australian Consolidated Acts Western Australian Consolidated Acts1 This reprint is a compilation as at 3 July 2009 of the
Mining Act 1978 and includes the amendments made by the other written
laws referred to in the following table 1a, 6, 7. The table
also contains information about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|
|---|---|---|---|---|
|
107 of 1978 |
8 Dec 1978 |
Long title, heading to Pt. I, s. 1 and 2, heading
to, and cl. 3 of, the Second Sch: 8 Dec 1978 (see s. 2(1));
|
||
|
Acts Amendment (Mining) Act 1981
Pt. II |
69 of 1981 |
30 Oct 1981 |
30 Oct 1981 |
|
|
Reprint of the Mining Act 1978 approved
11 Dec 1981 (includes amendments listed above except those in the
Mining Act 1978 other than the Long title, heading to Pt. I,
s. 1 and 2, heading to, and cl. 3 of, the Second
Sch.) |
||||
|
Mining (Anomalies Prevention) Order 1981 published in
Gazette 18 Dec 1981 p. 5274 |
1 Jan 1982 (see cl. 3) |
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|
Companies (Consequential Amendments) Act 1982
s. 28 |
10 of 1982 |
14 May 1982 |
1 Jul 1982 (see s. 2(1) and
Gazette 25 Jun 1982 p. 2079) |
|
|
Mining (Anomalies Prevention) Order 1982 published in
Gazette 16 Jul 1982 p. 2829 |
16 Jul 1982 (see cl. 3) |
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|
Acts Amendment (Mining) Act 1982
Pt. II |
122 of 1982 |
10 Dec 1982 |
s. 30(d): 1 Jan 1982 (see s. 2(2));
|
|
|
Mining Amendment Act 1983 |
52 of 1983 |
13 Dec 1983 |
1 Jan 1984 (see s. 2 and Gazette
23 Dec 1983 p. 4934) |
|
|
Mining Amendment Act 1985
8 |
100 of 1985 (as amended by No. 105 of 1986 Pt. II
and No. 22 of 1990 s. 39) |
4 Dec 1985 |
s. 1 and 2:
4 Dec 1985; |
|
|
1 of 1986 |
26 Jun 1986 |
26 Jun 1986 (see s. 2) |
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|
Acts Amendment and Repeal (Environmental Protection)
Act 1986 Pt. IV |
77 of 1986 |
4 Dec 1986 |
20 Feb 1987 (see s. 2 and Gazette
20 Feb 1987 p. 440) |
|
|
Mining Amendment Act 1986 |
105 of 1986 |
12 Dec 1986 |
s. 1 and 2:
12 Dec 1986; |
|
|
Mining (Transitional Provisions) (Anomalies Prevention)
Order 1987 published in Gazette 15 May 1987
p. 2161-2 |
15 May 1987 |
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|
Mining Amendment Act 1987 |
12 of 1987 |
16 Jun 1987 |
s. 1 and 3:
16 Jun 1987; |
|
|
Mining (Transitional Provisions) (Anomalies Prevention)
(No. 2) Order 1987 published in Gazette 20 Nov 1987
p. 4239 |
20 Nov 1987 |
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|
Acts Amendment (Legal Practitioners, Costs and Taxation)
Act 1987 Pt. XIII |
65 of 1987 |
1 Dec 1987 |
12 Feb 1988 (see s. 2(2) and Gazette
12 Feb 1988 p. 397) |
|
|
Acts Amendment (Public Service) Act 1987
s. 32 |
113 of 1987 |
31 Dec 1987 |
16 Mar 1988 (see s. 2 and Gazette
16 Mar 1988 p. 813) |
|
|
Acts Amendment (Land Administration) Act 1987
Pt. XVIII |
126 of 1987 |
31 Dec 1987 |
16 Sep 1988 (see s. 2 and Gazette
16 Sep 1988 p. 3637) |
|
|
Reprint of the Mining Act 1978 as at
1 Aug 1988 (includes amendments listed above except those in the
Acts Amendment (Land Administration) Act 1987) (Corrigenda to
reprint in Gazette 23 Sep 1988 p. 3922 and Gazette
21 Jul 1989 p. 2213) |
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|
Mining Amendment
Act 1990 9 |
22 of 1990 (as amended by No. 37 of 1993 s. 30(1) and
(2) and No. 58 of 1994 s. 52) |
28 Aug 1990 |
s. 1 and 2:
28 Aug 1990; |
|
|
Conservation and Land Management Amendment
Act 1991 s. 57 |
20 of 1991 |
25 Jun 1991 |
23 Aug 1991 (see s. 2 and Gazette
23 Aug 1991 p. 4353) |
|
|
35 of 1992 |
23 Jun 1992 |
1 Jul 1992 (see s. 2(2) and Gazette
30 Jun 1992 p. 2869) |
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|
Land (Titles and Traditional Usage) Act 1993
s. 45 |
21 of 1993 |
2 Dec 1993 |
2 Dec 1993 (see s. 2) |
|
|
Mining Amendment
Act 1993 10 |
37 of 1993 |
16 Dec 1993 |
s. 1 and 2:
16 Dec 1993; |
|
|
Acts Amendment (Public Sector Management)
Act 1994 s. 19 |
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette
30 Sep 1994 p. 4948) |
|
|
Mining Amendment
Act 1994 11 |
58 of 1994 (as amended by No. 52 of 1995 Pt. 6 and
No. 74 of 2003 s. 85) |
2 Nov 1994 |
Act other than Pt. 2 and s. 52:
2 Nov 1994 (see s. 2(1)); |
|
|
Statutes (Repeals and Minor Amendments) Act 1994
s. 4 |
73 of 1994 |
9 Dec 1994 |
9 Dec 1994 (see s. 2) |
|
|
Acts Amendment and Repeal (Native Title)
Act 1995 Pt. 5 |
52 of 1995 |
24 Nov 1995 |
9 Dec 1995 (see s. 2 and Gazette
8 Dec 1995 p. 5935) |
|
|
Water Agencies Restructure (Transitional and
Consequential Provisions) Act 1995 s. 188 |
73 of 1995 |
27 Dec 1995 |
1 Jan 1996 (see s. 2(2) and
Gazette 29 Dec 1995 p. 6291) |
|
|
Sentencing (Consequential Provisions) Act 1995
Pt. 88 |
78 of 1995 |
16 Jan 1996 |
4 Nov 1996 (see s. 2 and Gazette
25 Oct 1996 p. 5632) |
|
|
Reprint of the Mining Act 1978 as at
27 Feb 1996 (includes amendments listed above except those in the
Sentencing (Consequential Provisions) Act 1995)
|
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|
Local Government (Consequential Amendments)
Act 1996 s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
|
|
Mining Amendment
Act 1996 12 |
54 of 1996 (as amended by No. 39 of 2004 Pt. 11
and No. 8 of 2009 s. 93) |
11 Nov 1996 |
s. 1 and 2: 11 Nov 1996;
|
|
|
Acts Amendment (Marine Reserves) Act 1997
Pt. 3 |
5 of 1997 |
10 Jun 1997 |
29 Aug 1997 (see s. 2 and Gazette
29 Aug 1997 p. 4867) |
|
|
Acts Amendment (Land Administration) Act 1997
Pt. 44 and s. 141 |
31 of 1997 |
3 Oct 1997 |
30 Mar 1998 (see s. 2 and Gazette
27 Mar 1998 p. 1765) |
|
|
Statutes (Repeals and Minor Amendments) Act 1997
s. 89 |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997 (see s. 2(1)) |
|
|
Statutes (Repeals and Minor Amendments)
Act (No. 2) 1998 s. 52 |
10 of 1998 |
30 Apr 1998 |
30 Apr 1998
(see s. 2(1)) |
|
|
Mining Amendment
Act 1998 13 |
35 of 1998 |
6 Jul 1998 |
6 Jul 1998 (see s. 2) |
|
|
Acts Amendment (Land Administration, Mining and
Petroleum)
Act 1998 |
61 of 1998 |
11 Jan 1999 |
11 Jan 1999
(see s. 2(1)) |
|
|
Acts Amendment (Mining and Petroleum) Act 1999
Pt. 2 |
17 of 1999 |
15 Jun 1999 |
24 Jul 1999 (see s. 2 and Gazette
23 Jul 1999 p. 3385) |
|
|
Reprint of the Mining Act 1978 as at
26 Jul 1999 (includes amendments listed above except those in the
Mining Amendment Act 1996 s. 3, 4, 6, 8, 11, 12 and
14-22) |
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|
Acts Amendment (Police Immunity) Act 1999
s. 8 |
42 of 1999 |
25 Nov 1999 |
25 Nov 1999 (see s. 2) |
|
|
Statutes (Repeals and Minor Amendments) Act 2000
s. 26 |
24 of 2000 |
4 Jul 2000 |
4 Jul 2000 (see s. 2) |
|
|
Rights in Water and Irrigation Amendment Act 2000
s. 86 |
49 of 2000 |
28 Nov 2000 |
10 Jan 2001 (see s. 2 and Gazette
10 Jan 2001 p. 163) |
|
|
Acts Amendment (Australian Datum) Act 2000
s. 5 |
54 of 2000 |
28 Nov 2000 |
16 Dec 2000 (see s. 2 and Gazette
15 Dec 2000 p. 7201) |
|
|
Mining Amendment Act 2000 |
63 of 2000 |
4 Dec 2000 |
s. 1 and 2:
4 Dec 2000; |
|
|
Corporations (Consequential Amendments) Act 2001
Pt. 39 |
10 of 2001 |
28 Jun 2001 |
15 Jul 2001 (see s. 2 and Gazette
29 Jun 2001 p. 3257 and Cwlth Gazette
13 Jul 2001 No. S285) |
|
|
Reprint of the Mining Act 1978 as at
7 Sep 2001 (includes amendments listed above except those in the
Mining Amendment Act 1996 s. 3, 4, 6, 8, 11, 12 and 14-22)
|
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|
Mining Amendment Act 2002 |
15 of 2002 |
8 Jul 2002 |
s. 1 and 2:
8 Jul 2002; |
|
|
Acts Amendment (Equality of Status) Act 2003
Pt. 46 |
28 of 2003 |
22 May 2003 |
1 Jul 2003 (see s. 2 and Gazette
30 Jun 2003 p. 2579) |
|
|
Acts Amendment and Repeal (Courts and Legal Practice)
Act 2003 s. 52 |
65 of 2003 |
4 Dec 2003 |
1 Jan 2004 (see s. 2 and Gazette
30 Dec 2003 p. 5722) |
|
|
Mining Amendment Act 2004
14 |
39 of 2004 (as amended by No. 19 of 2008
Pt. 2) |
3 Nov 2004 |
s. 1 and 2:
3 Nov 2004; |
|
|
Acts Amendment (Court of Appeal) Act 2004
s. 37 |
45 of 2004 |
9 Nov 2004 |
1 Feb 2005 (see s. 2 and Gazette
14 Jan 2005 p. 163) |
|
|
Courts Legislation Amendment and Repeal Act 2004
Pt. 15 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7128) |
|
|
State Administrative Tribunal (Conferral of Jurisdiction)
Amendment and Repeal Act 2004
s. 570 15 |
55 of 2004 |
24 Nov 2004 |
1 Jan 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7130) |
|
|
Criminal Law Amendment (Simple Offences) Act 2004
s. 82 |
70 of 2004 |
8 Dec 2004 |
31 May 2005 (see s. 2 and Gazette
14 Jan 2005 p. 163) |
|
|
Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 s. 80 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
|
Oaths, Affidavits and Statutory Declarations
(Consequential Provisions) Act 2005 Pt. 15
(s. 61-62) |
24 of 2005 |
2 Dec 2005 |
s. 61: 1 Jan 2006 (see s. 2 and
Gazette 23 Dec 2005
p. 6244); |
|
|
Mining Amendment Act 2005 |
27 of 2005 |
12 Dec 2005 |
s. 1 and 2:
12 Dec 2005; |
|
|
Planning and Development (Consequential and Transitional
Provisions) Act 2005 s. 15 |
38 of 2005 |
12 Dec 2005 |
9 Apr 2006 (see s. 2 and Gazette
21 Mar 2006 p. 1078) |
|
|
Reprint 6: The Mining Act 1978 as at
10 Apr 2006 (includes amendments listed above except those in the
Mining Amendment Act 2004 Pt. 9 and the Oaths, Affidavits
and Statutory Declarations (Consequential Provisions) Act 2005
s. 62) |
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|
Petroleum Amendment Act 2007 s.
100 |
35 of 2007 |
21 Dec 2007 |
19 Jan 2008 (see s. 2(b) and Gazette
18 Jan 2008 p. 147) |
|
|
Legal Profession Act 2008
s. 681 |
21 of 2008 |
27 May 2008 |
1 Mar 2009 (see s. 2(b) and Gazette
27 Feb 2009 p. 511) |
|
|
Revenue Laws Amendment Act (No. 2) 2008
Pt. 2 Div. 2 |
31 of 2008 |
27 Jun 2008 |
28 Jun 2008 (see s. 2(b)) |
|
|
Statutes (Repeals and Miscellaneous Amendments) Act
2009 s. 8 |
8 of 2009 |
21 May 2009 |
22 May 2009 (see s. 2(b)) |
|
|
Reprint 7: The Mining Act 1978 as at
3 Jul 2009 (includes amendments listed above) |
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1a On the date as at which this
reprint was prepared, provisions referred to in the following table had not come
into operation and were therefore not included in compiling the reprint. For
the text of the provisions see the endnotes referred to in the table.
Provisions that have not come
into operation
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Native Title (State Provisions) Act 1999
s. 7.3 16 |
60 of 1999 |
10 Jan 2000 |
Operative on earliest of commencement of Pt. 2 (except
s. 2.2), Pt. 3 (except s. 3.1) and Pt. 4 |
|
Offshore Minerals (Consequential Amendments)
Act 2003 Pt. 2 17 |
12 of 2003 |
17 Apr 2003 |
Operative on commencement of No. 10 of 2003 (see
s. 2) |
2 Repealed by the Interpretation Act 1984
s. 77(1).
3 Repealed by the Mining Act 1978
s. 3(1).
4 The Mining Amendment Act 1981 s. 3 reads as
follows:
3. Continuation of miners’ rights issued under Mining
Act 1904
(1) A miner’s right issued under section 22 of the Mining
Act 1904 and in force immediately before the repeal of that Act by the
Mining Act 1978 shall, notwithstanding such repeal, continue in
force and have effect in all respects as if it were issued under section 20 of
the Mining Act 1978.
(2) Subsection (1) of this section shall not be construed so as to
derogate in any way from sections 15 and 16 of the Interpretation
Act 1918.
(3) A miner’s right issued under the Mining Act 1904
before 8 December 1978 shall be deemed to have been valid and in force
until the date of expiry expressed thereon.
(4) Subsection (3) of this section shall not be construed so as to
derogate in any way from the effect of the Mining Act Amendment Clause
1978 as set out in Clause 3 of the Second Schedule to the Mining
Act 1978.
5 Under the Alteration of Statutory Designations Order
(No. 3) 2001 a reference in a written law to the Department of Mines
is, unless the contrary is intended, to be read and construed as a reference to
the Department of Industry and Resources.
Under the Public Sector Management Act 1994 the names of
departments may be changed. At the time of this reprint the former Department of
Industry and Resources is called the Department of Mines and
Petroleum.
6 The Mining Legislation Amendment and Validation
Act 2008 Pt. 2 Div. 2 reads as follows:
Division 2 — Validation and pending
applications
6. Validation of extension of term of certain exploration
licences
If, before the day on which this section comes into operation, the term
of a relevant licence was extended as a result of an application lodged at an
office of the Department —
(a) the extension of the term of the licence; and
(b) anything done or purportedly done under the licence, or in relation to
the licence, after the extension,
are taken to be, and always to have been, as valid and effective as they
would have been if the application had been lodged at the office of the mining
registrar.
7. Pending applications for extension of term
If —
(a) an application for the extension of the term of a relevant licence has
been lodged at an office of the Department; and
(b) the application has not been determined before the day on which this
section comes into operation,
the application is to be dealt with and determined as if it had been
lodged at the office of the mining registrar.
7 The Mining Legislation Amendment and Validation
Act 2008 Pt. 3 reads as follows:
Part 3 — Provisions
relating to miscellaneous licences
8. Validation of grant of certain miscellaneous licences
If, before the day on which this section comes into operation, a
miscellaneous licence was granted for a purpose approved or specified by the
Director General of Mines —
(a) the grant of the licence; and
(b) anything done or purportedly done under the licence or in relation to
the licence,
are taken to be, and always to have been, as valid and effective as they
would have been if the purpose so approved or specified had been prescribed for
the purposes of the Mining Act 1978 section 91(1) at the time
of the grant.
9. Pending applications for miscellaneous licence
If —
(a) an application has been made for a miscellaneous licence for a purpose
approved or specified by the Director General of Mines; and
(b) the application has not been determined before the day on which this
section comes into operation,
the application is to be dealt with and determined as if, on and from the
time the application was made, the purpose so approved or specified were
prescribed for the purposes of the Mining Act 1978
section 91(1).
8 The Mining Amendment Act 1986 Pt. II amended
the Mining Amendment Act 1985 s. 34 and 88. The Mining
Amendment Act 1990 s. 39 repealed the Mining Amendment
Act 1985 s. 88 and 90.
9 The Mining Amendment Act 1990 s. 40 (as
amended by the Mining Amendment Act 1993 s. 30(1) and (2) and
the Mining Amendment Act 1994 s. 53) reads as
follows:
40. Savings and transitional
(1) Notwithstanding sections 15, 16, 17, 19 and 34 but subject to
this section —
(a) the amendments to the principal Act effected by those sections do not
have effect in relation to —
(i) any exploration licence in force before the commencement
day;
(ii) any application for an exploration licence lodged with the Department
before the commencement day; or
(iii) any exploration licence granted in respect of an application
referred to in subparagraph (ii);
(b) where, after the commencement day —
(i) land becomes available from an existing licence; and
(ii) other land in the same block is the subject of an exploration licence
granted in respect of an application lodged with the Department on or after the
commencement day,
the exploration licence referred to in subparagraph (ii) shall, by
virtue, be amended to include the land that has become available from the
existing licence;
(c) where, after section 52 of the Mining Amendment
Act 1994 commences —
(i) land becomes available from an existing licence; and
(ii) other land in the same block is the subject of an application for an
exploration licence lodged with the Department on or after the commencement
day,
the application referred to in subparagraph (ii) is deemed to
extend, and to have always extended, to the land that has become available from
the existing licence, and, if an exploration licence is granted as a result of
the application, that land shall be included in the exploration
licence.
(1a) Subsection (1)(b) or (c) does not apply if the land that has
become available from an existing licence has been included in an application
under section 67 or 70B and a mining lease, general purpose lease or
retention licence is granted in respect of that application.
(2) Without affecting anything in subsection (1) the Governor may
make regulations providing for such savings and transitional matters as are
convenient or necessary for the purposes of giving effect to the amendments
effected by this Act to the principal Act.
(3) In this section —
block means a block as described in section 56C of the
principal Act as in force after the commencement of section 15 of this
Act;
commencement day means the day on which sections 15,
16, 17, 19 and 34 of this Act come into operation;
existing licence means an exploration licence referred to in
subsection (1)(a)(i) or (iii).
(4) A reference in this section to land becoming available from an
existing licence is a reference to the land being surrendered or forfeited
(otherwise than under section 98 of the principal Act) or to the expiry of
the existing licence.
10 The Mining Amendment Act 1993 s. 5(2) reads
as follows:
(2) Notwithstanding subsection (1), section 45 of the principal
Act as in force immediately before the commencement of this section continues to
have effect in relation to —
(a) any prospecting licence in force before that commencement;
and
(b) any application for an extension of the term of a prospecting licence
lodged before that commencement.
The Mining Amendment Act 1993 s. 19(2) reads as
follows:
(2) Any act or thing done before the commencement of the section by the
holder of a mining tenement as defined in the principal Act is, and is to be
regarded as having always been, as valid, lawful and effective as it would have
been if —
(a) section 114A of the principal Act as inserted by
subsection (1);
(b) section 114(7) of the principal Act as amended by this Act;
and
(c) clause 7(5) of the Second Schedule to the principal Act as
inserted by this Act,
had been in operation when the act or thing was done.
The Mining Amendment Act 1993 s. 28(2) reads as
follows:
(2) Notwithstanding subsection (1), section 80(3) of the
principal Act as in force immediately before the commencement of this section
continues to have effect in relation to survey fees paid under the principal Act
before that commencement.
The Mining Amendment Act 1993 s. 29 (which is in
Part 3 of the Act) reads as follows:
29. Principal Act
In this Part the Mining Amendment Act 1990 is referred to as
the principal Act.
The Mining Amendment Act 1993 s. 30(3) (which is in
Part 3 of the Act) reads as follows:
(3) Notwithstanding section 40 of the principal Act as amended by
this section —
(a) the amendment effected by section 19(b) of the principal
Act;
(b) section 65(1c)(b) and (c) of the Mining Act 1978 as
inserted by section 19(c) of the principal Act; and
(c) the repeal effected by section 19(d) of the principal
Act,
have effect in relation to an exploration licence referred to in
section 40(1)(a)(i) or (iii) of the principal Act.
11 The Mining Amendment Act 1994 s. 21(5) reads
as follows:
(5) The amendments made to section 70 of the principal Act by
subsections (3) and (4) do not affect the term of any special prospecting
licence in force under that section immediately before the commencement of
this section.
The Mining Amendment Act 1994 s. 31(4) reads as
follows:
(4) The amendments made to section 85B of the principal Act by
subsections (2) and (3) do not affect the term of any special prospecting
licence in force under section 85B immediately before the commencement of
this section.
The Mining Amendment Act 1994 s. 53 reads as
follows:
53. Operation of section 30(3)(b) of the Mining Amendment
Act 1993 modified
(1) Despite sections 2(2) and 30(3)(b) of the Mining Amendment
Act 1993, section 65(1c)(b) and (c) of the Mining
Act 1978 as inserted by section 19(c) of the Mining Amendment
Act 1990 do not have any effect, and are deemed to have never had any
effect, in relation to the surrender of an existing licence under
section 65 of the Mining Act 1978 where that surrender took
place before 1 July 1994.
(2) In subsection (1) existing licence means an
exploration licence referred to in section 40(1)(a)(i) or (iii) of the
Mining Amendment Act 1990.
12 The Mining Amendment Act 1996 s. 9 had not
come into operation when it was deleted by the Statutes (Repeals and
Miscellaneous Amendments) Act 2009 s. 93.
13 The Mining Amendment Act 1998 s. 4(3) reads
as follows:
(3) An application for renewal under section 91(4) of the principal
Act that has not been determined on the commencement of this Act is to be
treated as an application for renewal under section 91A(3)(a) as inserted
into the principal Act by section 5.
14 The Mining Amendment Act 2004 s. 5(2) reads
as follows:
(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 —
(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.
The Mining Amendment Act 2004 s. 6(2) reads as
follows:
(2) Section 46(aa) of the Mining Act 1978 as inserted by
subsection (1) does not apply to a prospecting licence granted under that
Act before the day on which this section comes into operation.
The Mining Amendment Act 2004 s. 11 reads as
follows:
11. Transitional provision
(1) In this section —
commencement means the commencement of this Part;
old provisions means sections 56A, 70 and 85B of the
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 Mining Act 1978 that is pending
immediately before the commencement.
The Mining Amendment Act 2004 s. 15(2) reads as
follows:
(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.
The Mining Amendment Act 2004 s. 19 (as amended by the
Mining Legislation Amendment and Validation Act 2008
s. 5) reads as follows:
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;
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 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 61(3), 63A, 65(1a), 65(1c) and 65(4)) continue to apply to
and in relation to a relevant licence.
(2a) Section 61(3) and (3a) of the Mining Act 1978 apply
to and in relation to an application for the extension of the term of a relevant
licence.
(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.
(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).
(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 —
“ licence ”;
(b) paragraphs (a) and (b), and “or” after
paragraph (a), were deleted; and
(c) “the Minister may exempt” were replaced
by —
“
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 exemption exists if a
prescribed ground for deferral exists under section 65(3b) of the Mining
Act 1978 as inserted by section 16.
(7) Despite the amendments made by section 16, section 65(1c) of
the old provisions continues to apply to and in relation to a relevant licence
as if section 65(1c)(b) were replaced by the following
paragraph —
“
(b) shall be lodged at an office of the Department on or before the last
day of the third or fourth year, as the case requires, of the term for which it
is lodged;
”.
[Section 19 amended by No. 19 of 2008 s. 5.]
The Mining Amendment Act 2004 s. 32(3) reads as
follows:
(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.
The Mining Amendment Act 2004 s. 35 reads as
follows:
35. Transitional provision
(1) In this section —
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 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.
The Mining Amendment Act 2004 s. 36(2) reads as
follows:
(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 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.
The Mining Amendment Act 2004 s. 39(2) reads as
follows:
(2) Where, immediately before the commencement of this section, 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
(b) section 84A(4) of that Act as inserted by subsection (1)
does not apply in respect of the application.
The Mining Amendment Act 2004 s. 86 reads as
follows:
86. Transitional provision
If, on the commencement of this Part, an application or objection in
respect of a mining tenement has been made, but 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.
The Mining Amendment Act 2004 s. 90(2) reads as
follows:
(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.
The Mining Amendment Act 2004 s. 98(2)-(4) reads as
follows:
(2) A mining authorisation given before the commencement is, and is to be
taken to have always been, as valid and effective as it 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 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
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 carry out mining of the kind authorised by the
licence or lease on the land the subject of the licence or lease.
The Mining Amendment Act 2004 Pt. 12 reads as
follows:
Part 12 — Transitional
regulations
105. Further transitional provisions may be made
(1) In this section —
amending provision means a provision of this Act;
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 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
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
(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
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.
(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 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 regulations.
15 The State Administrative Tribunal (Conferral of
Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State
Administrative Tribunal Act 2004 s. 167 and 169, and the State
Administrative Tribunal Regulations 2004 r. 28 and 42 deal with
certain transitional issues some of which may be relevant for this
Act.
16 On the date as at which this reprint was prepared, the
Native Title (State Provisions) Act 1999 s. 7.3, which gives
effect to Sch. 2, had not come into operation. It reads as
follows:
7.3 Consequential amendments
Schedule 2 has effect.
Schedule 2 Div. 5 reads as follows:
Division 5 —
Mining Act 1978
The amendments in this Division are to the Mining
Act 1978.
36. Section 19
amended
(1) Section 19(6)(a) is amended by inserting immediately before
“grant” the following —
“ subject to subsection (6a), ”.
(2) After section 19(6) the following subsection is
inserted —
“
(6a) If the grant of a mining tenement under subsection (6) is a
Part 2 act, a Part 3 act or a Part 4 act within the meaning of
the Native Title (State Provisions) Act 1999, the operation of that
subsection is subject to section 2.6, 3.5 or 4.3 of that Act as the case
may be.
”.
Immediately before section 40 the following section is
inserted —
“
39A. This Division subject to Native Title (State Provisions)
Act 1999
(1) The operation of this Division is subject to section 2.6, 3.5 or
4.3, as the case may be, of the Native Title
(State Provisions) Act 1999 where —
(a) the grant of a prospecting licence; or
(b) the grant of any mining tenement under section 56A,
is a Part 2 act, a Part 3 act or a Part 4 act within the
meaning of that Act.
(2) The provisions of this Division relating to objections to the granting
of an application do not apply to an objection of the kind referred to in
section 2.16, 3.15 or 4.11 of the Native
Title (State Provisions) Act 1999, and objections of that kind can only
be made under that Act.
”.
38. Section 49
amended
After section 49(1) the following subsection is
inserted —
“
(1a) The operation of subsection (1)
is subject to section 2.6, 3.5 or 4.3, as the case may be, of the
Native Title (State Provisions)
Act 1999.
”.
39. Section 56
amended
After section 56(1) the following subsection is
inserted —
“
(1a) An appeal does not lie under
subsection (1) where the warden does not grant an application, or attaches
any condition to a grant, because of one of the following instruments made under
the Native Title (State Provisions) Act 1999 —
(a) an agreement of the kind described in section 2.26, 3.22(1) or
4.21 that is given to the Commission under section 2.26, 3.25 or
4.21;
(b) a
recommendation under section 2.32 or 4.27;
(c) a
determination under section 2.38, 3.29, 3.44 or 4.33;
(d) a
declaration under section 3.51.
Immediately before section 56B the following section is
inserted —
“
56AA. This Division subject to Native
Title (State Provisions) Act 1999
(1) The operation of this Division is subject to section 2.6, 3.5 or
4.3, as the case may be, of the Native Title (State Provisions)
Act 1999 where —
(a) the grant or extension of an exploration licence; or
(b) the grant of any mining tenement under section 70,
is a Part 2 act, a Part 3 act or a Part 4 act within the
meaning of that Act.
(2) The provisions of this Division relating to objections to the granting
of an application do not apply to an objection of the kind referred to in
section 2.16, 3.15 or 4.11 of the Native
Title (State Provisions) Act 1999, and objections of that kind can only
be made under that Act.
”.
41. Section 67
amended
After section 67(1) the following subsection is
inserted —
“
(1a) The operation of subsection (1) is subject to section 2.6,
3.5 or 4.3, as the case may be, of the Native
Title (State Provisions) Act 1999.
”.
After section 70A the following section is
inserted —
“
70AA. This Division subject to Native Title (State Provisions)
Act 1999
(1) The operation of this Division is subject to section 2.6, 3.5 or
4.3, as the case may be, of the Native Title
(State Provisions) Act 1999 where the grant or renewal of a retention
licence is a Part 2 act, a Part 3 act or a Part 4 act within the
meaning of that Act.
(2) The provisions of this Division relating to objections to the granting
of an application do not apply to an objection of the kind referred to in
section 2.16, 3.15 or 4.11 of the Native Title (State Provisions)
Act 1999, and objections of that kind can only be made under that
Act.
”.
43. Section 70L
amended
After section 70L(1) the following subsection is
inserted —
“
(1a) The operation of subsection (1) is subject to section 2.6,
3.5 or 4.3, as the case may be, of the Native
Title (State Provisions) Act 1999.
”.
44. Section 70O
inserted
Immediately before section 71 the following section is
inserted —
“
70O. This Division subject to Native Title (State Provisions)
Act 1999
(1) Where —
(a) the grant or renewal of a mining lease; or
(b) the grant of any mining tenement under section 85B,
is a Part 2 act, a Part 3 act or a Part 4 act within the
meaning of the Native Title (State Provisions) Act 1999, the
operation of the provisions of this Division relating to that grant or renewal
is subject to section 2.6, 3.5 or 4.3, as the case may be, of that
Act.
(2) The provisions of this Division relating
to objections to the granting of an application do not apply to an objection of
the kind referred to in section 2.16, 3.15 or 4.11 of the
Native Title (State Provisions)
Act 1999, and objections of that kind can only be made under that
Act.
”.
45. Section 75
amended
After section 75(7) the following subsection is
inserted —
“
(8) The operation of subsection (7) is subject to section 2.6,
3.5 or 4.3, as the case may be, of the Native
Title (State Provisions) Act 1999.
”.
Immediately before section 86 the following section is
inserted —
“
85C. This Division subject to Native Title (State Provisions)
Act 1999
(1) The operation of this Division in relation to the grant of general
purpose leases is subject to section 2.6, 3.5 or 4.3, as the case may be,
of the Native Title (State Provisions) Act 1999.
(2) Where the renewal of a general purpose lease is a Part 2 act, a
Part 3 act or a Part 4 act within the meaning of the Native Title
(State Provisions) Act 1999, the operation of this Division in relation
to that renewal is subject to section 2.6, 3.5 or 4.3, as the case may be,
of that Act.
(3) The provisions relating to objections to the granting of an
application that apply for the purposes of this Division do not apply to an
objection of the kind referred to in section 2.16, 3.15 or 4.11 of the
Native Title (State Provisions) Act 1999, and objections of that
kind can only be made under that Act.
”.
Immediately before section 91 the following section is
inserted —
“
90A. This Division subject to Native Title (State Provisions)
Act 1999
(1) The operation of this Division is subject to section 2.6, 3.5 or
4.3, as the case may be, of the Native Title (State Provisions)
Act 1999 where the grant of a miscellaneous licence is a Part 2
act, a Part 3 act or a Part 4 act within the meaning of that
Act.
(2) The provisions relating to objections to the granting of an
application that apply for the purposes of this Division do not apply to an
objection of the kind referred to in section 2.16, 3.15 or 4.11 of the
Native Title (State Provisions) Act 1999, and objections of that
kind can only be made under that Act.
”.
17 On the date as at which this reprint was prepared, the
Offshore Minerals (Consequential Amendments) Act 2003 Pt. 2 had
not come into operation. It reads as follows:
Part 2 — Amendments to
Mining Act 1978
3. The Act amended by this Part
The amendments in this Part are to the Mining
Act 1978.
4. Section 8 amended
(1) Section 8(1) is amended, in the definition of Crown
land, by deleting “in the State,”.
(2) Section 8(1) is amended, in the definition of land,
by deleting “includes the foreshore and the sea bed within the meaning of
section 25” and inserting instead —
“
includes —
(a) the foreshore as defined in section 25(1)(a); and
(b) the sea bed and subsoil between the mean low water springs level and
the inner limits of the coastal waters of the State as defined in
section 16(1) and (2) of the Offshore Minerals
Act 2003
”.
5. Section 9 amended
Section 9(1) is amended by deleting “in the State” in
both places where it appears.
6. Section 9A inserted
After section 9 the following section is inserted in Part
I —
“
9A. Effect of change of baseline
(1) If —
(a) an offshore area is covered by a mining tenement;
(b) there is a change to the inner limit of the coastal waters of the
State as defined in section 16(1) and (2) of the Offshore Minerals
Act 2003; and
(c) as a result of the change the offshore area comes within those coastal
waters,
this Act applies, while the tenement or any successor tenement remains in
force, as if the area were still within the offshore area.
(2) In subsection (1) —
offshore area means an area that comes within
paragraph (b) of the definition of “land” in
section 8(1).
(3) If —
(a) a mining lease takes effect immediately after an exploration licence
expires; and
(b) the holder of the mining lease immediately after it takes effect was
the holder of the exploration licence immediately before it expired,
the mining lease is a successor tenement to the exploration licence for
the purposes of subsection (1).
(4) If —
(a) a retention licence takes effect immediately after an exploration
licence expires; and
(b) the holder of the retention licence immediately after it takes effect
was the holder of the exploration licence immediately before it
expired,
the retention licence is a successor tenement to the exploration licence
for the purposes of subsection (1).
(5) If —
(a) a mining lease takes effect immediately after a retention licence
expires; and
(b) the retention licence took effect immediately after an exploration
licence expired; and
(c) the holder of the mining lease immediately after it takes effect was
the holder of the retention licence immediately before it expired; and
(d) the holder of the retention licence immediately after it took effect
was the holder of the exploration licence immediately before it
expired,
the mining lease is a successor tenement to the exploration licence and
the retention licence for the purposes of subsection (1).
”.
7. Section 16 amended
Section 16(1)(a) is amended by inserting after
“State” —
“
, including any area that comes within paragraph (b) of the
definition of “land” in section 8(1),
”.
8. Section 25 amended
Section 25(1)(b) is amended by deleting “seaward limits of the
territorial waters of the State” and inserting
instead —
“
inner limits of the coastal waters of the State as defined in
section 16(1) and (2) of the Offshore Minerals
Act 2003
”.
9. Section 56C amended
After section 56C(4) the following subsection is
inserted —
“
(5) In subsection (2) —
State includes any area that comes within paragraph (b)
of the definition of “land” in section 8(1).
”.
10. Section 132 amended
Section 132(2) is amended by inserting after “the
State” —
“
, including any area that comes within paragraph (b) of the
definition of “land” in section 8(1),
”.
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined Term Provision(s)
absolute
caveat 121
aggregate exploration
expenditure 102(2a)
agreement 122E(4)
agricultural 8(1)
applicant 105A(2)
application
for exemption 102(1)
audit amount 115B(1)
audit
statement 115B(1)
authorisation 118A(1)
authorised
officer 103A
block 95A(1)
burial ground 8(1)
caveat 121
combined
reporting tenements 102(2)(h)
commencement 91A(6)
commencing
date 8(1)
consent caveat 121
conservation Minister 24A(9)
continuing
licence 120AA(1)
Corporations Act 8(1)
Crown
land 8(1)
dam 8(1)
damage 8(1)
dealing 8(1)
designated
area 57A(5)(a)
Director General of Mines 8(1)
Director, Geological
Survey 8(1)
end day 65(1)
expenditure 115B(1)
expenditure
amount 115B(1)
expenditure conditions 8(1)
exploration
licence 69A(1)
extension application 45(1b)
fisheries
Minister 24A(9)
former holder 114C(1)
fossick 8(1)
geological
sample 8(1)
grant 125A(3)
granted land 65(4c)(a)
graticular
sections 56C(1)
ground disturbing equipment 8(1)
guidelines 70O(1),
115A(1)
identified mineral
resource 8(1)
judgment 140(1)
land 8(1)
land under
cultivation 8(1)
lapidary work 8(1)
late renewal
application 111A(2)
later tenement 103EA(3)
lease
application 120AA(1)
licence 96A(7)
likely 74(7)
listed public
company 8(1)
local government 8(1)
machinery 8(1)
marine management
area 8(1)
marine Minister 24A(9)
marine nature reserve 8(1)
marine
park 8(1)
mine 8(1), 8(1)
mineral exploration report 115A(1)
mineral
field 8(1)
mineralisation report 74(7),
74A(7)
minerals 8(1)
mining 8(1), 123(2a)
mining
operations 8(1)
mining plant 114(1)
mining product 8(1)
mining
proposal 70O(1)
mining registrar 8(1)
mining tenement 8(1)
native title
holders 125A(3)
new mining tenement Sch. 2 cl.
10(1)(a)
occupier 8(1)
oil shale 8(1)
old mining tenement Sch. 2 cl.
10(1)(a)
old mining tenements Sch. 2 cl. 10(1)(a)
operations
report 115A(1), 115B(1)
owner 8(1)
Part IV
proceedings 162(2)(ra)
permit 20C(4)
permit land 20C(4)
prescribed
official 8(1), 30(8)
prescribed period 114(1)
primary
tenement 70A
private land 8(1)
proposal 6(1b)
prospecting
licence 53(1)
public purpose 8(1)
qualified
person 74(7)
register 8(1)
registered 116(3)
registration 8(1)
related 8(1)
relevant
licence 56B(1)
relevant mining proposal 82(1a)
relevant
tenement 118A(2)
remedial work 114C(1)
restricted area 24A(9)
retention
status 8(1)
reversion licence application 8(1)
secondary
tenement 67A(7)
section 74A report 75(10)
significant
mineralisation 70O(1)
special prospecting licence 56A(1), 70(1),
85B(1)
specified 55A(5), 69D(5), 70IA(4)
subject to claim
caveat 121
surrender day 65(1)
surrendered land 65(4c)(b)
tax
memorial 103A
tenement application 96(3b)(a), 100(1a)(a)
the approved
surveyor 162(2)(ka)(i)
the Department 8(1)
the former
holder 114(7)(b)
the later tenement 122C(1)
the lessee 123(7), 125
the
mining registrar 8(1)
the new mining tenement Sch. 2 cl. 10(3)
the office
of the mining registrar 8(1)
the old mining tenement Sch. 2 cl. 10(3)
the
prescribed day 19(2d)
the primary tenement 56A(1), 70(1), 85B(1)
the
relevant portion 29(6a)(b)
the repealed Act 8(1)
the
warden 8(1)
vehicle 8(1)
warden 8(1)
warden’s court 8(1)
withdrawal of memorial 103A