MINING ACT 1978 - SECT 120
MINING ACT 1978 - SECT 120
120 . Planning schemes to be considered but not to derogate from this Act
(1) In considering any
application for the grant of a mining tenement the Minister, warden or mining
registrar, as the case requires, shall take into account the provisions of any
planning scheme in force under the Planning and Development Act 2005
affecting the use of the land concerned, but the provisions of any such scheme
shall not operate to prohibit or affect the granting of a mining tenement or
the carrying out of any mining operations authorised by this Act.
(2) Without affecting
subsection (1), where —
(a) an
application has been made for a mining lease or a general purpose lease; and
(b) the
local government or the Western Australian Planning Commission has, in
writing, informed the Minister and the Minister for the time being
administering the Planning and Development Act 2005 , that the mining lease or
general purpose lease would, if granted, authorise the carrying on of mining
operations contrary to the provisions of a planning scheme referred to in
subsection (1),
the Minister shall not
dispose of the application until he has first consulted the Minister for the
time being administering the Planning and Development Act 2005 and obtained
his recommendation thereon.
[Section 120 amended: No. 58 of 1994 s. 47; No. 14
of 1996 s. 4; No. 24 of 2000 s. 26(2); No. 38 of 2005 s. 15.]