Western Australian Consolidated Acts Western Australian Consolidated Acts (1) This Act shall be
read and construed subject to the Environmental Protection Act 1986 , to
the intent that if a provision of this Act is inconsistent with a provision of
that Act, the first-mentioned provision shall, to the extent of the
inconsistency, be deemed to be inoperative.
(1a) Notwithstanding
subsection (1) and section 5 of the Environmental Protection
Act 1986 , in the case of an application for a mining lease accompanied
by the documentation referred to in section 74(1)(ca)(ii) —
(a) only
the applicant can refer a proposal to which the application relates under
section 38(1) of that Act; and
(b)
section 38(5) of that Act does not apply to such a proposal.
(1b) In
subsection (1a) —
proposal has the meaning given to that term in
section 3(1) of the Environmental Protection Act 1986 .
(1c)
Subsection (1a) does not apply to an application for a mining lease made
pursuant to a Government agreement as defined in section 2 of the
Government Agreements Act 1979 .
(1d) If a mining lease
is granted on an application referred to in subsection (1a), nothing in
that subsection affects the application of section 38 of the
Environmental Protection Act 1986 to —
(a) a
programme of work lodged by the holder of the mining lease in compliance with
the condition referred to in section 82(1)(ca); or
(b) a
mining proposal lodged by the holder of the mining lease in compliance with
the condition referred to in section 82A.
(2) Notwithstanding
anything in this Act —
(a) a
local government is not required to hold a mining tenement to —
(i)
exercise the power given to it by section 3.27 of,
and clause 3 of Schedule 3.2 to, the Local Government Act 1995
; or
(ii)
remove from local government property (as defined in that
Act), rock, stone, clay, sand or gravel for use in the construction of local
government facilities;
and
(b) if a
local government leases local government property to another person, that
person is not required to hold a mining tenement to remove from that land,
rock, stone, clay, sand or gravel for use in the construction of local
government facilities, unless the Minister requires that person to hold a
tenement.
[Section 6 amended by No. 100 of 1985
s. 4; No. 77 of 1986 s. 8; No. 14 of 1996 s. 4;
No. 39 of 2004 s. 26.]
[ 7. Deleted by No. 122 of 1982 s. 4.]