Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The owner of the
private land to which section 37 refers may, at any time within the
period referred to in subsection (3)(a) of that section, apply for a
mining tenement in respect of the private land or any part thereof.
(2) Where within the
period referred to in subsection (1) the owner of the private land fails
to apply for a mining tenement with respect to the land as provided in that
subsection, or if he so applies but a tenement is not granted, —
(a) the
land shall come within the operation of this Division and all rent and
royalties received by the Crown for any minerals won from the land shall be
paid to the owner of the land less one-tenth of the amount thereof; and
(b) the
Minister may grant to the person who made the application under
section 37(1) for such period as he thinks fit, the prior right to the
exclusion of all other persons to mark out the private land or any part
thereof and/or apply for a mining tenement in respect thereof.
[Section 38 amended by No. 69 of 1981
s. 15; No. 100 of 1985 s. 26.]