Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
end day means the day on which the 5 year
period referred to in section 61(1) ends;
surrender day , in relation to a surrender,
means —
(a) if
the surrender is lodged under subsection (3), the end day;
(b) if
the surrender is lodged under subsection (3d), the day that is
12 months after the end day; or
(c) if
the surrender is lodged in compliance with a requirement under
subsection (4), the day on which the surrender is registered.
(2) This section
applies in relation to an exploration licence if —
(a) the
term of the licence has been extended under section 61; or
(b) an
application under section 61 for the extension of the term of the licence
has been made but has not been determined.
(3) Subject to
subsection (3a), on or before the end day the holder of an exploration
licence granted in respect of more than one block shall lodge a surrender for
registration in respect of —
(a) 40%
of the number of the blocks that are subject to the licence; or
(b) if
40% of that number is not a whole number, the nearest whole number of the
blocks.
(3a)
Subsection (3) does not apply if —
(a) a
deferral has been granted under subsection (3b); or
(b) an
application for deferral under subsection (3c) has been made but has not
been determined.
(3b) The Minister may,
if satisfied that a prescribed ground for deferral exists, defer the
requirement in subsection (3).
(3c) An application
for deferral shall be made by the holder of an exploration licence on or
before the end day in the prescribed manner.
(3d) If a deferral is
granted under subsection (3b), the holder of the exploration licence
shall lodge the surrender for registration on or before the day that is
12 months after the end day.
(4) If —
(a) the
holder of an exploration licence fails to lodge a surrender in accordance with
subsection (3) or (3d); or
(b) a
deferral under subsection (3b) is refused,
the Minister may, by
notice in writing, require the holder to lodge the surrender for registration
within a period specified in the notice.
(4a) A surrender under
this section takes effect on the surrender day.
(4b) The blocks that
remain subject to an exploration licence after a surrender under this section
are to form not more than 3 discrete areas each consisting of —
(a) a
single graticular section; or
(b) a
number of graticular sections each having a side in common with at least one
other graticular section in that area.
(4c) If, before the
surrender day, the holder of an exploration licence —
(a) is
granted a mining lease or general purpose lease in respect of a part of the
land the subject of the exploration licence (the granted land ); or
(b)
surrenders a part of the land the subject of the exploration licence (the
surrendered land ),
then, in calculating
the area of land that is required to be surrendered under this section, the
area of granted land or surrendered land shall be taken into account as though
it were an area of land surrendered in satisfaction of that requirement.
(5) A surrender under
this section shall be endorsed on the public plans of the
Department —
(a) at
the office of the Department at Perth; and
(b) at
the office of the mining registrar for the mineral field or district thereof
in which the land is situate.
(6) Notwithstanding
that a surrender has taken effect under this section any land the subject of
the surrender shall not be —
(a)
marked out in connection with a mining tenement unless and until notification
has been given in the prescribed manner of the proposed endorsement of plans
for the purposes of paragraph (b); or
(b)
included in an application for a mining tenement unless and until the plans
referred to in subsection (5) have been endorsed in the prescribed
manner.
[Section 65 amended by No. 69 of 1981
s. 20; No. 100 of 1985 s. 45; No. 12 of 1987 s. 5;
No. 22 of 1990 s. 19; No. 57 of 1997 s. 89(2); No. 15
of 2002 s. 12; No. 39 of 2004 s. 16; No. 27 of 2005 s. 9.]