Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Minister may
from time to time by instrument in writing under his hand —
(a)
exempt any land, not being private land or land that is the subject of a
mining tenement or of an application therefor, from —
(i)
mining;
(ii)
a specified mining purpose;
(iii)
this Act; or
(iv)
a specified provision of this Act;
or
(b) vary
or cancel an exemption referred to in paragraph (a),
and shall cause any
such instrument to be published in the Government Gazette as soon as is
practicable after its execution by him.
(2) Each instrument
made under subsection (1) has effect on and from the date thereof and
shall specify the area and description of land to which the instrument
relates.
(2a) An instrument
made under subsection (1)(a) before the prescribed day, has effect until
it is cancelled under subsection (1)(b).
(2b) An instrument
made under subsection (1)(a) on or after the prescribed day, has effect
until it is cancelled under subsection (1)(b) or until it expires under
subsection (2c), whichever occurs first.
(2c) An instrument
referred to in subsection (2b) expires at the end of the period of
2 years from its date unless it is extended for a period or periods (not
exceeding 2 years at a time) by instrument in writing under the
Minister’s hand published in the Government Gazette.
(2d) In
subsections (2a) and (2b) the prescribed day means the day on which
section 4 of the Mining Amendment Act 1994 1 commences.
(3) While any land is
so exempted from mining or any specified mining purpose, or from this Act or
any specified provision thereof, the land to the extent of the exemption, may
be dealt with by the Minister in accordance with this section and to that
extent is not subject to the other provisions of this Act.
(4) The Minister may,
while any land is exempted under this section, call in such manner as he
determines for applications for the grant of such mining tenements as he
determines in respect of that land or a part thereof.
(5) A person applying
to the Minister for the grant of a mining tenement in respect of any land or a
part thereof referred to in subsection (4) shall do so in such manner as
the Minister directs.
(6) On receiving an
application made under subsection (5), the Minister may —
(a)
grant the mining tenement applied for or another mining tenement subject to
such terms and conditions as he thinks fit; or
(b)
refuse that application.
(7) This Act applies
to a mining tenement granted under this section as if that mining
tenement had been granted under Part IV.
(8) Nothing in this
section authorises or allows land to which section 24, 24A or 25
applies to be exempted from a provision of Division 2 or to be dealt with
otherwise than in accordance with Division 2.
[Section 19 amended by No. 69 of 1981
s. 8; No. 100 of 1985 s. 12; No. 21 of 1993 s. 45;
No. 58 of 1994 s. 4; No. 52 of 1995 s. 20; No. 5 of
1997 s. 41(2).]