Western Australian Consolidated Acts

MINING ACT 1978 - SECT 23

23 .         Mining on public reserves etc.

                Subject to this Act, a mining tenement may be applied for in respect of any land, or land of a class, to which section 24, 24A or 25 applies (not being land that is already the subject of a mining tenement) but —

            (a)         no mining shall be carried out on or under any such land otherwise than in accordance with a relevant consent obtained in relation to that land under section 24, 24A or 25; and

            (b)         a mining tenement held in relation to such land by a person who —

                  (i)         contravenes this section; or

                  (ii)         is in breach of any term or condition to which a consent given under section 24, 24A or 25 is made subject,

                is liable to be forfeited,

                and such land is only open for mining as provided in those sections and subject to such terms and conditions as are thereby imposed.

        [Section 23 inserted by No. 100 of 1985 s. 16; amended by No. 5 of 1997 s. 41(2).]