MINING ACT 1978 - SECT 65
MINING ACT 1978 - SECT 65
65 . Surrender of certain areas subject to exploration licence
(1) In this section
—
end day , in relation to an exploration licence,
means —
(a) the
day (the anniversary day ) that is 6 years after the day on which the licence
was granted; or
(b) if,
on the anniversary day, an application for retention status under section 69A
in respect of the whole or part of the land the subject of the licence has
been made but not determined, the day on which that application is determined;
surrender day , in relation to a surrender, means
—
(a) if
the surrender is lodged under subsection (3), the end day; or
[(b) deleted]
(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) On or before the
end day the holder of an exploration licence granted in respect of more than
10 blocks must 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 to the holder of an exploration licence for which retention
status has been approved under section 69B(1).
(4) If the holder of
an exploration licence fails to lodge a surrender in accordance with
subsection (3), the Minister must, 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 6 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: 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; No.
51 of 2012 s. 20.]