MINING ACT 1978 - SECT 117
MINING ACT 1978 - SECT 117
117 . Mining tenements protected
(1) Subject to the
provisions of sections 56A, 70 and 85B as regards the special prospecting
licences and mining leases therein referred to, no Crown grant, transfer of
Crown land in fee simple, or conveyance nor the grant of any mining tenement
has the effect of revoking or injuriously affecting any existing mining
tenement acquired and held under this or the repealed Act, whether or not any
reservation or exception of that existing mining tenement is contained in the
Crown grant, transfer of Crown land in fee simple, or conveyance or the grant
of the mining tenement.
(2) Each such Crown
grant, transfer of Crown land in fee simple, or conveyance and each such grant
of a mining tenement shall be deemed to contain an express reservation of the
rights to which the holder of the existing mining tenement is entitled.
[Section 117 amended: No. 100 of 1985 s. 86; No.
37 of 1993 s. 12(2); No. 31 of 1997 s. 71(17) and (18).]