Acts Amendment (Mining) Act 1982 (WA)
WESTERN AUSTRALIA.
ACTS AMENDMENT
(MINING).
No. 122 of 1982.
AN ACT to amend the Mining Act 1978-1982 and the
Town Planning and Development Act 1928-1981.
[Assented to 10 December 1982.]
BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—
PART I-PRELIMINARY.
1. This Act may be cited as the Acts Amendment Short title.
(Mining) Act 1982.
Commence-
| (1) Subject to subsection (2) of this section, this Act shall come into operation on the day on which it is assented to by the Governor. | ment. |
2.
| No. 122.] Acts Amendment (Mining). | [1982. |
(2) Paragraph (d) of section 30 of this Act shall be deemed to have come into operation on 1 January 1982.
PART II-MINING ACT 1978-1982.
Principal
Act and
| citation. | 3. (1) In this Part the Mining Act 1978-1982 is |
referred to as the principal Act.
Reprinted as
approved 11
| December | (2) The principal Act as amended by this Act |
| 1981 and |
| amended | may be cited as the Mining Act 1978-1982. |
| by Act No. 10 of 1982. | |
| Section 7 |
| repealed. | 4. Section 7 of the principal Act is repealed. |
Section 8
amended. 5. Section 8 of the principal Act is amended in
the definition of "minerals" in subsection (1) by deleting paragraph (a) and substituting the follow- ing paragraphs
'C
(a) soil;
(aa) any substance the recovery of which is governed by the Petroleum Act 1967 or the Petroleum (Submerged Lands) Act 1967; or " .
Section 20
| amended. | 6. |
| Section 20 of the principal Act is amended (b) in subsection (5) by deleting- |
(i) "does not entitle the holder thereof to enter on" and substituting the following-
" or Miner's Right does not entitle the holder thereof to prospect, explore, mine " ; and
| 1982.] | Acts Amendment (Mining). [No. 122. |
| (ii) | "otherwise directs." and substituting the following |
CC otherwise directs, but nothing in
this subsection prevents such a holder from passing and repass- ing over any Crown land that is situated within
| (f) | 100 metres of any Crown land that is- |
| (i) | for the time being under crop; |
(ii) used as a yard, stockyard, garden, cultivated field, orchard, vineyard, plantation, airstrip or airfield;
(iii) in actual occupa- tion and on which a house or other substantial build- ing is erected; or
(iv) the site of any cemetery or burial ground;
| or |
| (g) | 400 metres of any Crown land that is the site of any water works, race, dam, well or bore, |
in order to gain access to other land (not being Crown land referred to in paragraph (f) or (g) of this subsection), for the purpose of prospecting on, exploring, mining or marking out that other land. " ;
| No. 122.] Acts Amendment (Mining). | [1982. |
| (c) | by inserting, after subsection (5), the following subsections |
(5a) The holder of a mining tenement or Miner's Right who passes or repasses over any Crown land that is situated within
| (a) | 100 metres of any Crown land referred to in subsection (5) (f); or |
| (b) | 400 metres of any Crown land referred to in subsection (5) (g), |
of this section in order to gain access to the other land referred to in sub- section (5) of this section for the purpose referred to therein shall
| (c) | before so passing or repassing, take all reasonable and prac- ticable steps to notify the occupier of the Crown land so situated of his intention to do so; |
| (d) | when so passing or re- passing |
(i) take all necessary steps to prevent fire, damage to trees or other pro- perty and to prevent damage to any property or damage to livestock by the presence of dogs, the discharge of fire- arms or otherwise;
(ii) cause as little incon- venience as possible to the occupier of the Crown land so situated;
| 1982.] | Acts Amendment (Mining). [No. 122. |
and
(iii)comply with any reasonable request made by the occupier of the Crown land so situated in relation to the manner in which that holder so passes or repasses;
| (e) | restrict the number of occa- sions on which he so passes or repasses to the minimum necessary for the purpose of prospecting on, exploring, mining or marking out that other land; and |
| (f) | make good any damage caused by that passing or repassing to any improvements or livestock on the Crown land so situated, |
and the occupier of the Crown land so situated is entitled to be compensated by that holder for any damage referred to in paragraph (f) of this subsection that is not made good by that holder.
(5b) The amount of any compensa- tion payable under subsection (5a) of this section by the holder of the mining tenement or Miner's Right concerned to an occupier of Crown land referred to in that subsection shall be deter- mined
| (a) | by agreement between that holder and that occupier; or |
| (b) | in default of agreement referred to in paragraph (a) of this subsection, by the Warden's Court on the applica- tion of that holder or that occupier. |
| No. 122.] Acts Amendment (Mining). | [1982. |
(5c) A determination made by the Warden's Court under subsection (5b) of this section is, for the purposes of section 147 (1), a final determination of the Warden's Court. " ; and
| (d) | in subsection (6) by inserting, after "make an order", the following- |
| " under subsection | (5) | of this |
section " .
Section 24
| amended. | 7. Section 24 of the principal Act is amended |
| (a) | in subsection (1) by deleting paragraph (f) and substituting the following para- graph |
" (f) land to which Part III of the
Aboriginal Affairs Planning Auth-
ority Act 1972 applies; and " ;
and
| (b) | in subsection (7) by inserting after para- graph (b) the following paragraph | ||
|
Section 90
| amended. | 8. Section 40 of the principal Act is amended by repealing subsection (3) and substituting the following subsection |
'C
(3) A person may be granted more than one prospecting licence. " .
Section 41
| amended. | 9. Section 41 of the principal Act is amended in subsection (1) by deleting paragraph (d). |
| 1982.] | Acts Amendment (Mining). [No. 122. |
Section 43
10. Section 43 of the principal Act is repealed. repeated.
11. Section 45 of the principal Act is amended Secatr15.
by repealing subsection (3) and substituting the
following subsections
it
(3) Notwithstanding anything in subsec- tion (1) of this section, the Minister shall, subject to subsection (4) of this section and if the holder of a prospecting licence (not being a prospecting licence for gold or precious stones or both referred to in section 56A or 70)-
| (a) | applies to him before the expiry of that prospecting licence for an extension of the term thereof by lodging that application with the mining registrar; and |
| (b) | has during the term of that prospect- ing licence substantially complied to the satisfaction of the Minister with the requirements of this Act in relation to that prospecting licence and with any conditions to which that prospecting licence is subject, |
extend the term of that prospecting licence
for a further period of 2 years.
(4) The Minister shall not extend the term of a prospecting licence under subsection (3) of this section if that term has previously been extended under that subsection.
(5) A prospecting licence to which an application made under subsection (3) of this section before the expiry of the prospecting licence relates continues, notwithstanding anything in subsection (1) of this section but otherwise subject to this Act, to remain in force until that application is finally disposed of.
| No. 122.] Acts Amendment (Mining). | [1982. |
(6) The further period for which the term of a prospecting licence is extended under subsection (3) of this section shall be deemed to have commenced on the date on which that term would, but for
| (a) | the operation, if any, of subsection (5) of this section; and |
(b) that extension,
have expired under subsection (1) of this
section. " .
Section 99
| repealed | 12. Section 49 of the principal Act is repealed and |
| and |
| substituted. | the following section is substituted- |
| Holder of |
| Prospecting | 49. (1) The holder of a prospecting licence |
| licence |
| to have | has |
| priority for |
| grant | of |
| mining | (a) subject to this Act and to any |
| leases or |
| general | conditions to which the prospecting |
| Purpose | |
| leases. | licence is subject; and |
| (b) | while the prospecting licence continues in force, |
the right to apply for and have granted to him one or more mining leases or one or more general purpose leases or both in respect of any part or parts of the land the subject of the prospecting licence.
(2) The land the subject of an application referred to in subsection (1) of this section is not, while that application is pending, open for mining to any person other than
| (a) | the applicant; or |
| (b) | the holder of a prospecting licence granted under section 56A in respect of any part of that land. " . |
Section 52
| amended. | 13. Section 52 of the principal Act is amended in subsection (1) by deleting "he shall lodge with the application" and substituting the following- |
" he shall, within 28 days after lodging the application, lodge, " .
| 1982.] | Acts Amendment (Mining). [No. 122. |
| 14. | Sections 53, 54 and 55 of the principal Act | rcatriiodn#553, |
| are repealed. | repealed. |
| 15. | Section 56 of the principal Act is repealed and ggiaTelr | and |
| the following section is substituted— | substituted. |
56. (1) Where the warden refuses to grant Appeal
an application for a prospecting licence under mtal to
section 40 or grants the application on condi- prospecting
tions the applicant considers unreasonable, the applicant may within the time and in the manner prescribed appeal to the Minister against such refusal or conditions as the case may be.
(2) The Minister may dismiss the appeal or uphold the appeal and grant the applica- tion on such conditions as he considers reasonable. " .
Section 56A
| 16. | Division 1 of Part IV of the principal Act is | Inserted. |
amended by inserting, after section 56, the following
section
56A. (1) Notwithstanding section 117, a ri=ceecsu"
person may, at any time after the expiry of Mig/gIrd 12 months from the date on which a prospect- 1:gleosus
ing licence is granted, mark out and apply =Tatted on
| for in accordance with section 41 a prospect- | c | e. |
| ing licence for gold or precious stones or both (in this section called a "special prospecting licence") in respect of any part of the land the subject of the first-mentioned prospecting licence. | ||
| (2) The applicant for a special prospecting licence under subsection (1) of this section shall serve notice of his application on the |
| No. 122.] Acts Amendment (Mining). | [1982. |
holder of the prospecting licence first-men- tioned in that subsection as if that holder were the occupier of the land to which that application relates.
(3) If, after being served with notice of an application for a special prospecting licence, the holder of the prospecting licence first-mentioned in subsection (1) of this section does not lodge an objection against that application, the warden may, subject to this Act, grant that application as provided in subsection (6) of this section.
(4) If the holder of the prospecting licence first-mentioned in subsection (1) of this section lodges an objection to an application for a special prospecting licence, the warden shall obtain a report from the Director, Geological Survey, on whether or not the prospecting for gold or precious stones or both on the land to which that application relates could be carried on without detriment to the prospecting being carried on by that holder.
(5) After hearing an objection referred to in subsection (4) of this section, the warden may refuse the application for the special prospecting licence concerned or he may recommend that application to the Minister, who may
(a) refuse that application; or
| (b) | subject to this Act, grant that application as provided in subsection (6) of this section, |
but, if the warden refuses an application under this subsection, the applicant may within the time and in the manner prescribed appeal to the Minister against that refusal and the Minister may dismiss that appeal or uphold that appeal and grant that applica- tion as provided in subsection (6) of this section.
| 1982.] | Acts Amendment (Mining). [No. 122. (6) Subject to this section, the warden or the Minister may grant an application for a special prospecting licence on such terms and conditions as he thinks fit, but a special prospecting licence so granted |
| (a) | shall not exceed 10 hectares in area; |
| (b) | shall authorize the holder thereof to prospect only for gold or precious stones or both; |
| (c) | shall not, unless the warden other- wise directs, prevent the holder of the prospecting licence first-mentioned in subsection (1) of this section from prospecting for minerals other than gold or precious stones in or on the land the subject of the special prospecting licence. |
(7) A person shall not hold or have any beneficial interest in more than one special prospecting licence.
(8) When the holder of a special prospect- ing licence makes an application for a mining lease for gold or precious stones or both in respect of the land or any part thereof which is the subject of the special prospecting licence, the Minister may, if
| (a) | after being served with the prescribed notice of that application, the holder of the prospecting licence first- mentioned in subsection (1) of this section does not lodge an objection against that application; or |
| (b) | it is proved to the satisfaction of the Minister by a report from the Director, Geological Survey, that gold or precious stones or both exist in payable quantities on or in the land to which that application relates, |
| No. 122.] Acts Amendment (Mining). | [1982. |
grant that application on such terms and conditions as he thinks fit, and thereupon the area of land in respect of which that mining lease is granted shall be excised from the prospecting licence first-mentioned in subsec- tion (1) of this section.
(9) Subject to this section, the provisions of this Act relating to
| (a) | prospecting licences apply to a special prospecting licence; and |
| (b) | mining leases apply to a mining lease, |
granted under this section.
(10) In this section
"precious stones" includes any stone ordinarily obtained by mining operations for the purpose of being cut, ground, polished or similarly treated for ornamental or display purposes or lapidary work. " .
| Section 57 | 17. | Section 57 of the principal Act is amended |
| amended. |
by inserting, after subsection (2), the following
subsection-
(2a) A person may be granted more than one exploration licence. " .
Section 61
| amended. | 18. | Section 61 of the principal Act is amended |
by inserting, after subsection (2), the following
subsection
(3) A person making an application for the extension of the term of an exploration licence under subsection (2) of this section shall lodge that application with the mining registrar. " .
19821 Acts Amendment (Mining). [No. 122.
| 19. Section 67 of the principal Act is repealed Section 67 | repealed and |
| and the following section is substituted— | substituted. |
| ic | of |
| 67. (1) The holder of an exploration Holder io | exploratn |
| licence has— | have to priority for grant of mining |
| (a) | subject to this Act and to any leases or conditions to which the exploration purpose licence is subject; and |
| (b) | while the exploration licence continues in force, |
the right to apply for and have granted to him one or more mining leases or one or more general purpose leases or both in respect of any part or parts of the land the subject of the exploration licence.
(2) The land the subject of an application referred to in subsection (1) of this section is not, while that application is pending, open for mining to any person other than
(a) the applicant; or
| (b) | the holder of a prospecting licence granted under section 70 in respect of any part of that land. " . |
20. Section 71 of the principal Act is amended =joane'cl.1
by deleting "may determine." and substituting the
following-
" considers reasonable. "
21. Section 75 of the principal Act is amended— =a
| (a) | in subsection (4) by inserting, after "the Minister may", the following |
le , subject to subsection (5) of this
section, " ; and
| No. 122.] Acts Amendment (Mining). | [1982. |
| (b) | by inserting, after subsection (4), the following subsections |
| { | (5) In the case of an application for a mining lease made by the holder of |
| (a) | a prospecting licence under section 49; or |
| (b) | an exploration licence under section 67, |
the Minister shall, subject to this Act, grant to that holder one or more mining leases or one or more general purpose leases or both
| (c) | in respect of any part or parts of the land the subject of the prospecting licence or explora- tion licence, as the case requires; and |
| (d) | on such terms and conditions as he considers reasonable. |
(6) Subsection (5) of this section does not apply to an application for a mining lease if all or part of the land to which that application relates falls within one or more of the classes of land referred to in section 24 (1). " .
Section '77
| repealed. | 22. | Section 77 of the principal Act is repealed. |
| Section 91 | ||
| amended. | 23. | Section 91 of the principal Act is amended— |
(a) in subsection (1) by-
(i) deleting "a licence of any class of the following classes of licence";
| 1982.] | Acts Amendment (Mining). [No. 122. | |
|
" (da) a power line licence;
(db) a conveyor system
licence; " ;
(iii) inserting, after the semi-colon at the end of paragraph (g), the following-
" or " ; and
(iv) deleting paragraph (h) and sub- stituting the following
(h) a licence for any pre-
scribed purpose,
or any combination of the licences referred to in para- graphs (a), (b), (c), (d), (da), (db), (e), (f), (g) and (h) of this subsection. "
and
| (b) | by inserting, after subsection (1), the following subsection |
t{ (la) A person may be granted
more than one licence under this
section. " .
Section 92
| 24. Section 92 of the principal Act is amended | amended. |
by deleting
| (a) | "The provisions of section 41" and sub- stituting the following- |
" Sections 41 and 42, " ; and
| (b) | "a licence granted" and substituting the following- |
" an application for the grant of a
licence " .
| No. 122.] Acts Amendment (Mining). | [1982. |
Section 102A
| inserted. | 25. The principal Act is amended by inserting, after section 102, the following section- |
| Exemption |
| from | 102A. (1) Notwithstanding anything in |
| expenditure |
| conditions | section 102, the Minister may, on the applica- |
| In respect | |
| of certain | tion in writing of the holder of an exploration |
| holders of | |
| exploration | licence who has been authorized by the |
| licences. | |
| Minister under section 111 to explore for iron on the land the subject of the exploration licence, grant that holder exemption totally or partially from the prescribed expenditure conditions relating to the exploration licence in an amount not exceeding the amount required to be expended in any one year. | |
| (2) The refusal by the Minister of an application referred to in subsection (1) of this section does not prevent the holder of the exploration licence concerned from making an application referred to in section 102(1) in respect of that exploration licence. " . | |
| Section 106 |
Section 106 of the principal Act is amended
in paragraph (a) by deleting "104." and substituting
the following-
| amended. | 26. |
" 104; " .
Section 115
Section 118 of the principal Act is amended
by deleting "within seven days" and substituting
the following-
| amended. | 27. |
" within 14 days " .
Section 156
| amended. | 28. | Section 156 of the principal Act is amended |
by deleting "(1)".
| 1982.] | Acts Amendment (Mining). [No. 122. |
Section 161
29.
| Section 161 of the principal Act is amended in subsection (1)(c) by deleting "sections 23, 24, 25, or 26 apply," and substituting the following- | amended. |
" section 23, 24, 25 or 26 applies,
| 30. | The Second Schedule to the principal Act is =ILIle | amended. |
amended—
(a) in clause 1 by inserting after subclause (5)
the following subclause-
(t (6) Section 105A of this Act does not
apply and never has applied to an application for a mining tenement under this Act in respect of any land
| (a) | which continues or continued to be temporarily reserved from occupation by virtue of subclause (1) of this clause; |
and
| (b) | in respect of which no auth- ority to occupy or right of occupancy is or was in force, |
at the time when that application is or
was made. " ;
| (b) | in clause 3 by inserting in subclause (3) after "continues in force" the following- |
IC , subject to the repealed Act and as
though that Act had not been
repealed, " ;
| No. 122.] Acts Amendment (Mining). | [1982. |
| (c) | in clause 6 by inserting in subclause (4) after "continues in force" the following- |
4C , subject to the repealed Act and as
though that Act had not been
repealed, " ;
| (d) | in clause 7 by repealing subclause (2) and substituting the following subelause- |
CC (2) An application for the renewal
under subclause (1) of this clause of a licence to treat tailings shall be made to the Minister and the Minister may
| (a) | subject to paragraph (b) of this subclause, exercise in rela- tion to that application the powers conferred on the Gov- ernor by the repealed Act in relation to applications for the renewal of licences to treat tailings; and |
| (b) | in the case of such an applica- tion |
(i) which is made after the expiry of the licence to treat tailings to which that application relates;
and
(ii) in respect of which the Minister considers that there are special cir- cumstances justifying renewal,
renew the licence to treat tail- ings to which that application relates with effect from the expiry of that licence. " ;
and
| 1982. | ] | Acts Amendment (Mining). [No. 122. |
(e) in clause 8-
(i) by inserting after "as if the repealed Act had not been repealed" in sub- clause (1) the following-
" and the applicant may in respect of that application exercise all the powers, and shall in respect of that application perform all the duties, conferred or imposed on him by the repealed Act " ;
(ii) in subclause (3) by
| (A) | deleting "and" at the end of paragraph (a); |
| (B) | deleting the full stop at the end of paragraph (b) and sub- stituting the following |
| i t | ; and " ; and |
(C) inserting after paragraph (b) the following paragraph-
" (c) the date of that grant shall be deemed to be the date on which the relevant certificate of registration is issued. " ;
and
(iii) by inserting in subclause (4) after
"continues in force" the following-
" , subject to the repealed Act and as though that Act had not been repealed, " .
| No. 122.] Acts Amendment (Mining). | [1982. |
PART III-TOWN PLANNING AND DEVELOPMENT
ACT 1928-1981.
Principal
| Act and | 31. |
(1) In this Part the Town Planning and Development Act 1928-1981 is referred to as the principal Act.
citation.
Reprinted as
| approved 22 | (2) The principal Act as amended by this Act may |
| May 1980 and |
| amended by | be cited as the Town Planning and Development Act |
| Acts Nos. | |
| 107 of 1978, | 1928-1982. |
| 72 of 1980 and 79 of 1981. | |
| Section 20 |
| amended. | 32. |
Section 20 of the principal Act is amended by
repealing paragraph (c) of subsection (1) and sub-
stituting the following paragraph
(c) This subsection does not apply and never has applied to the grant of, or to the transfer of or other dealing with or in, a mining tenement within the meaning of the Mining Act 1904 or the Mining Act 1978 or a portion of such a mining tenement or any shares therein. " .
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