Mining (Access to Lands) Amendment Act 1989 (NSW)
MINING (ACCESS TO LANDS) AMENDMENT ACT
1989 No. 136
NEW SOUTH WALES
TABLE OF PROVISIONS
1. Short title
2. Commencement3. Amendment of Mining Act 1973 No. 42
SCHEDULE 1 - AMENDMENTS
SCHEDULE 2 - FURTHER AMENDMENTS BY WAY OF STATUTE LAW
REVISION
MINING (ACCESS TO LANDS) AMENDMENT ACT
1989 No. 136
NEW SOUTH WALES
Act No. 136, 1989
An Act to amend the Mining Act 1973 so as to facilitate the exercise of rights under exploration licences and prospecting licences in relation
| 27 September 1989] | to agricultural and other lands; and for other purposes. [Assented to |
Mining (Access to Lands) Amendment 1989
The Legislature of New South Wales enacts:
Short title
1. This Act may be cited as the Mining (Access to Lands)
Amendment Act 1989.
Commencement
2. (1) This Act commences on a day or days to be appointed by
proclamation, except as provided by this section.
(2) Schedule 2, and section 3 in its application to that Schedule,
commence on the date of assent to this Act
Amendment of Mining Act 1973 No. 423. The Mining Act 1973 is amended as set out in Schedules 1 and
SCHEDULE 1 - AMENDMENTS
(Sec. 3)
(1) Section 46 (Decision as to whether land marked out is
agricultural land):
(a) Omit section 46 (1), insert instead:
(1) If an authorised officer considers that any area of of an application for a mining lease or a mining purposes
land marked out, pursuant to section 44, for the purposes
lease:
(a)
may include private lands that are agricultural land; or
(b)
may include Crown lands held under a pastoral lease that are agricultural land,
the officer shall notify the Director-General.
(b) Section 46 (2):
Omit "the prospecting licence,".
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(c) Section 46 (2):
Omit "the licence or".(d) Section 46 (2A):
Omit "prospecting licence,".
(2) Section 5 3 A (Application for mining lease dealt with as
application for prospecting licence):
Section 5 3 A (3) (b):
Omit "section 46", insert instead "Division 4A".
| (3) | Section 80 (Mining lease etc not to be granted over agricultural land): | |||
|
(4) Part 5, Division 4 A
After Division 4 of Part 5, insert-
Division 4A - Access arrangements
Definitions
8 4 A In this Division:
"access arrangement" means an arrangement referred to in section 84C;
"arbitrator" means an arbitrator appointed under
section 84E or 84P,
"land to which this Division applies" means private
lands or Crown lands held under a pastoral lease;
"licensee" means the registered holder of an
exploration licence or prospecting licence;
"owner", in relation to Crown lands held under a
pastoral lease, includes a holder of the pastoral
lease;Mining (Access to Lands) Amendment 1989
SCHEDULE 1 - AMENDMENTS - continued
"Panel" means the Arbitration Panel established by
section 84B;"party" means:
(a)
in relation to a hearing - a person who is entitled to appear and be heard at the hearing pursuant to section 84H; or
(b)
in relation to an access arrangement - the licensee to whom, or an owner or occupier of land to which, the arrangement relates.
Arbitration Panel
84B. (1) There shall be an Arbitration Panel.
The Panel shall consist of one or more members
appointed by the Minister after consultation with the
Minister for Agriculture and Rural Affairs.
(2)
(3) The conditions on which a member of the Panel holds office (including conditions relating to remuneration and travelling and subsistence allowances) shall be as determined by the Minister.
Prospecting to be carried out in accordance with access arrangement
84c. A licensee shall not prospect in or on land to
which this Division applies otherwise than in accordance
with an arrangement
(a)
agreed (whether orally or, if any of the parties to the proposed arrangment so require, in writing and whether before or after the licensee was granted the licence) between the licensee and each owner and occupier of the land; or
(b)
determined by an arbitrator in accordance with this Division.
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Matters for which access arrangement to provide
84D. (1) An access arrangement in relation to land to which this Division applies may make provision for or with
respect to the following matters:
(a)
the periods during which the licensee is to be permitted access to the land;
(b)
the parts of the land in or on which the licensee may prospect and the means by which the licensee may gain access to those parts of the land;
(c)
the kinds of prospecting operations that may be carried out in or on the land;
(d)
the conditions to be observed by the licensee in prospecting in or on the land;
(e)
the things which the licensee needs to do in order to protect the environment while having access to the land and prospecting in or on the land;
(f)
the compensation to be paid to any owner or occupier of the land as a consequence of the licensee prospecting in or on the land;
(g)
the manner of resolving any dispute arising in connection with the arrangement;
(h) the manner of varying the arrangement;
(i) such other matters as the parties to the arrangement may agree to include in the
arrangement
(2) An access arrangement that is determined by an arbitrator shall specify the compensation, as assessed by the arbitrator, to which each owner or occupier of the land concerned is entitled under section 121A
(3) In the event of an inconsistency between: (a) a provision of an access arrangement; and
(b)
a provision of this Act (including, in particular, any provision of Part 7 that relates to the protection of the environment), the regulations or a condition of
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an exploration licence or prospecting licence (including, in particular, a condition approved by the Soil Conservation Service of New South Wales in accordance with section 53 (6)),
the provision referred to in paragraph (b) shall prevail to
the extent of the inconsistency.(4) Without affecting any proceedings which may be brought against a licensee in respect of the contravention of an access arrangement, if a licensee contravenes an access arrangement, an owner or occupier of the land to which the arrangement applies may deny the licensee access to the land until:
(a) the licensee ceases the contravention; or
(b)
the contravention is remedied to the reasonable satisfaction of the owner or occupier.
Appointment of arbitrator by agreement
84E. (1) If, by the end of 30 days after a licensee serves notice in writing on each owner and occupier of land to which this Division applies of the licensee's intention to obtain an access arrangement in respect of the land, the licensee and each owner and occupier of the land have been unable to agree on such an arrangement, the licensee may, by further notice in writing served on each such owner and occupier, request them to agree to the appointment of
an arbitrator. (2) The notice of the licensee's intention to obtain an
access arrangement must, in addition to stating the
licensee's intention, contain:
(a)
a plan and description of the area of land over which the access is sought sufficient to enable the ready identification of that area; and
(b)
a description of the prospecting methods intended to be used in that area.
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The licensee, and each owner and occupier of the
land concerned, may agree to the appointment of any
person as an arbitrator.
(3)
Appointment of arbitrator in default of agreement
84F. (1) If, by the end of 30 days after a licensee serves notice in accordance with section 84E, the licensee and each owner and occupier of the land concerned have been unable to agree on the appointment of an arbitrator, then anyone of them may apply to the Director-General for the appointment of a member of the Panel as an arbitrator.
(2) An application shall be accompanied by the prescribed fee.
The Director-General shall, after consultation with the Director-General of the Department of Agriculture and Fisheries, appoint a member of the Panel as an arbitrator.
(3)
Arbitration
84G. (1) AS soon as practicable after having been appointed, an arbitrator shall:
(a) fix a time and place for conducting a hearing into the question of access to the land concerned; and (b)
cause notice of his or her appointment, and of the time and place fixed for conducting the hearing, to be given to the licensee and to each of the owners and occupiers of that land.
The arbitrator may, by a further notice served on the licensee and on each of the owners and occupiers of the land concerned (whether on the application of the licensee or of any owner or occupier of that land or otherwise), vary the time or place fixed for conducting the hearing.
(2)
(3) The arbitrator shall, at the time and place fixed under this section, conduct a hearing into the question of access to the land concerned.
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Right of appearance
84H. (1) At any hearing into the question of access by
a licensee to land to which this Division applies, the licensee, and each of the owners and occupiers of the land, are entitled to appear and be heard.
(2) A party to a hearing may be represented: (a) by an agent who is not a barrister or a solicitor, or (b)
with the agreement of the parties and the leave of the arbitrator, by a barrister or a solicitor.
Conciliation
(1) An arbitrator shall not make a determination until the arbitrator has brought, or has used his or her best endeavours to bring, the parties to a settlement acceptable to all of them.
84l.
(2) If the parties come to such a settlement, the arbitrator shall make a determination that gives effect to the terms of the settlement
Procedure
(1) Except as otherwise provided by this Act or the
regulations, the procedure at a hearing shall be as
determined by the arbitrator.
84J.
(2) An arbitrator shall act according to equity, good
conscience and the substantial merits of the case without
regard for technicalities or legal forms.(3) An arbitrator may conduct a hearing even though
one or more of the parties to the hearing fails to attend the
hearing.
Interim determination by arbitrator
84K. (1) As soon as practicable after concluding a hearing, an arbitrator shall:
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(a) make an interim determination as to whether or not the licensee should have a right of access to the land concerned; and (b) if the arbitrator determines that the licensee should have such a right of access, prepare a draft access arrangement in respect of that land. (2) As soon as practicable after making an interim determination, the arbitrator shall:
(a) reduce the determination to writing; and
(b)
cause a copy of the determination, together with a copy of any draft access arrangement, to be served on each of the parties to the hearing.
Further arbitration
84L. (1) A party to a hearing may, within 14 days after being served with a copy of the arbitrator's interim
determination, apply to the arbitrator.
(a) for reconsideration of the question of access to the land concerned; or (b) for variation of any draft access arrangement prepared by the arbitrator in respect of that land. (2) As soon as practicable after receiving such an application, the arbitrator shall:
(a) fix a time and place for continuing the hearing into the question of access to the land concerned; and (b) cause notice of the time and place fixed for continuing the hearing to be given to the licensee and to each of the owners and occupiers of that land. The arbitrator may, by a further notice served on the licensee and on each of the owners and occupiers of the land concerned (whether on the application of the licensee or of any owner or occupier of that land or otherwise), vary the time or place fixed for continuing the hearing.
(3)
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(4) The arbitrator shall, at the time and place fixed under this section, continue the hearing into the question of access to the land concerned.
Final determination by arbitrator
84M. (1) If an application is not made to the arbitrator
under section 84L (1) within the period of 14 days referred
to in that subsection:
(a) the interim determination shall be taken to be the arbitrator's final determination; and (b) any draft access arrangement shall be taken to be a final access arrangement
(2) If an application is made to the arbitrator under section 84L (1) within the period of 14 days referred to in that subsection, the arbitrator shall, as soon as practicable after concluding the continued hearing.
(a) make a final determination as to whether or not the licensee should have a right of access to the land concerned; and (b) if the arbitrator determines that the licensee should have such a right of access, determine a final access arrangement in respect of that land.
(3) As soon as practicable after making a final determination, the arbitrator shall:
(a) reduce the determination to writing, and
(b)
cause a copy of the determination, together with a copy of any final access arrangement forming part of the determination, to be served on each of the parties to the hearing.
Costs
84N. (1) Each party to the hearing shall bear his or her
own costs in relation to the hearing.
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(2) The arbitrator's costs in relation to the hearing shall be borne by the licensee.
(3) Payment of the arbitrator's costs in relation to a hearing shall, for the purposes of any security given by the licensee under section 51 or 53, be taken to be an obligation under the licence.
Withdrawal from arbitration
84o. (1) The parties to a hearing may, at any time before the conclusion of the hearing, terminate the hearing by notice in writing, signed by all of the parties, served on the arbitrator.
(2) This section does not limit the liability of the licensee to bear the arbitrator's costs in relation to the hearing.
Liability
84P. NO proceedings lie against an arbitrator for or with respect to:
(a) any determination made by the arbitrator, or
(b) any publication made by the arbitrator, or
(c)
any other act, matter or thing done by the arbitrator,
for the purposes of a hearing, as long as the determination,
faith. publication, act, matter or thing was made or done in good Review of determination 84Q. (1) A party to a hearing who is aggrieved by an arbitrator's final determination (other than a determination referred to in section 841 (2)) may apply to the warden's court for a review of the determination.
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(2) An application:
(a) shall be accompanied by a copy of the determination to which it relates, together with a copy of any access arrangement forming part of the determination; and (b) shall be filed in the warden's court:
(i) in the case of an interim determination that has become a final determination by virtue of section 84M (1) - within 28 days after a copy of the interim determination was served on the applicant under section 84K (2); or (ii) in the case of a final determination made under section 84M (2) - within 14 days after a copy of the final determination was served on the applicant under section 84M (3). (3) An application for review may not be made:
(a)
during the period of 14 days within which an application may be made to an arbitrator under section 84L (1); or
(b)
if such an application is made, until the arbitrator has made a final determination under section 84M with respect to the application.
The applicant shall cause a copy of the application to be served on each of the other parties to the (4)
determination to which the application relates.
Subject to any order of the warden's court to the contrary, an application for review of a determination operates to stay the effect of any related access arrangement in relation to a party to the arrangement from the time when a copy of the arrangement has been served on the party until the decision of the warden's court on the review.
(5)
In reviewing a determination under this section, a warden has the functions of an arbitrator under this
(6)
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Division in addition to the other functions that the warden has under this Act.
The decision of the warden's court on a review of
a determination is final and shall be given effect to as if it
were the determination of an arbitrator.
(7)
Effect of access arrangement etc
84R. An access arrangement determined by an arbitrator
(a) takes effect
(i)
in the case of a draft access arrangement that is, pursuant to section 84M (1), to be taken to be a final access arrangement, at the end of the period of 14 days after a copy of the arrangement has been served on each of the parties under section 84K (2); or
(ii)
in the case of a final access arrangement prepared under section 84M (2), when a copy of the arrangement has been served on each of the parties,
or on such later date as may be specified in the
arrangement; and(b)
subject to section 84D (3), has effect as if its terms were embodied in a deed that had been duly
executed by each of the parties. Variation of access arrangements
84s. An access arrangement determined by an arbitrator may, subject to the terms of the arrangement, be varied by the arbitrator with the consent of all of the parties to the arrangement
Duration of access arrangements
84T. An access arrangement does not run with the land
and, unless sooner terminated, terminates:
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(a)
if an owner or occupier of the land with whom the arrangement is made ceases to be an owner or occupier of the land; or
(b)
on the death of an owner or occupier of the land with whom the arrangement is made.
(5) Section 86 (Rights of registered holder of an exploration
licence):
Omit section 86 (2).
(6) Section 87 (Rights under exploration licence not to be exercised
in agricultural land):
Omit the section.
(7) Section 121 A-
After section 121, insert
Entitlement to compensation in respect of operations under an exploration licence or a prospecting licence
121A. (1) Where an exploration licence or prospecting licence is granted:
(a)
the occupier of any Crown lands, and the owner and occupier of any private lands, subject to the licence; and
(b)
the occupier of any Crown lands, and the owner and occupier of any private lands, not being lands
subject to the licence,
are entitled to compensation for any loss referred to in section 124 (1) (b) suffered, or likely to be suffered, by them as a result of the grant of the licence or the exercise of the rights conferred by this Act, or by the licence or by an access arrangement under Division 4 A of Part 5, on the registered holder of the licence.
(2) The registered holder of a licence may treat and
agree with an owner or an occupier as to the amount of
compensation payable, but an agreement reached is not
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valid unless it is in writing, signed by the parties thereto or
their agents, and lodged with the Director-General.(3) Notwithstanding subsection (2), such of the provisions of an access arrangement in force under Division 4 A of Part 5 as relate to compensation have effect as an agreement for the purposes of this section.
Payment of compensation under this section (other than compensation payable under an access arrangement agreed on as referred to in section 84c (a)) shall, for the purposes of any security given by the licensee under section 51 or 53, be taken to be an obligation under the licence.
(4)
(8) Section 122 (Entitlement to compensation in respect of
operations under a mining lease or a mining purposes lease):
(a) Section 122: mining lease or a mining purposes lease".
(b) Section 122: "the lease".
(c) Section 122 (4):
Omit "a mining purposes", insert instead "the".
| (9) Section 124 (Assessment of compensation): |
(a) Section 124 (3): mining purposes lease".
(b) Section 124 (5), (6): mining lease, a mining purposes lease".
(10) Section 125 (Procedure in court on making assessment):
After section 125 (2), insert
(3) Notwithstanding subsection (2), such of the
provisions of an access arrangement in force underMining ( A:cess to Lands) Amendment 1989
SCHEDULE 1 - AMENDMENTS - continued
Division 4 A of Part 5 as relate to compensation have effect as an agreement for the purposes of this section.
(11) Section 126 (Additional assessment):
At the end of section 126, insert
(2) If it is proved to the satisfaction of the warden: (a) that an access arrangement under Division 4A of Part 5 does not make provision for or with respect to compensation; and (b) that loss has been caused to the land to which the arrangement relates, being loss arising from any one or more of the causes referred to in section 124 (1) (b),
the warden shall, subject to section 125 (2), assess that loss and order that the amount so assessed be paid by the registered holder of the licence to which the assessment relates, within the time and to the persons specified in the order.
(3) If it is proved to the satisfaction of the warden: (a)
that the whole of the amount assessed by or in accordance with an access arrangement determined by an arbitrator under Division 4 A of Part 5 has been paid by the licensee in accordance with the arrangement; and
(b) that further loss has been caused to the land to which the assessment relates or to other land, being loss arising from any one or more of the causes referred to in section 124 (1) (b),
the warden shall subject to section 125 (2), assess that loss and order that the amount so assessed be paid by the registered holder of the licence to which the assessment relates, within the time and to the persons specified in the order.
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| (12) | Section 133 (Jurisdiction of warden's court): |
(a) Section 133 (o):
Omit "and" where lastly occurring.(b) Section 133 (q), (r):
After section 133 (p), insert
(q)
the review of a determination under Division 4 A of Part 5;
(r)
any question or dispute as to the provisions of an access arrangement or as to any matter arising as a consequence of such an arrangement
| (13) | Section 146 (Costs may be allowed): |
At the end of section 146, insert
The reference in subsection (1) to costs includes a
reference to an arbitrator's costs in relation to a hearing
under Division 4 A of Part 5.
(2)
(14) Section 195 (Regulations):
After section 195 (2) (s), insert
(si) arbitrators' costs under Division 4 A of Part 5;
| (15) | First Schedule (Agricultural land): |
(a) Clause 2 (1) (b):
Omit "the prospecting licence,".
(b) Omit clause 2 (1) (c).
(c) Omit clause 3 (a).
| (16) | Second Schedule (Transitional provisions and savings): |
(a) Part 1:
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SCHEDULE 1 - AMENDMENTS - continued
At the beginning of the Schedule, insert:
PART 1 - GENERAL
Transitional and savings regulations
(1) The regulations may contain provisions of a
transitional or savings nature consequent on the enactment
of the following Acts:
l A
Mining (Access to Lands) Amendment Act 1989.
(2) Any such provision may, if the regulations so
provide, take effect on the date of assent to the Act
concerned or a later date.(3) To the extent to which any such provision takes effect on a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a)
to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication; or
(b)
to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
(b) Part 2, heading:
Before clause 1, insertPART 2 - TRANSITIONAL PROVISIONS AND SAVINGS CONSEQUENT ON THE ENACTMENT
OF THE MINING ACT 1973
(c) Part 3:
At the end of the Schedule, insert
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PART 3 - TRANSITIONAL PROVISIONS AND SAVINGS CONSEQUENT ON THE
ENACTMENT OF THE MINING (ACCESS
TO LANDS) AMENDMENT ACT 1989
Definitions
23. In this Part:
"existing exploration licence" means an explorationlicence that was in force immediately before the commencement of this Part, but does not include any renewal of such a licence effected after that commencement;
"existing prospecting licence" means a prospecting
licence that was in force immediately before the commencement of this Part, but does not include any renewal of such a licence effected after that commencement;
"expiry date", in relation to a licence, means the
date on which the licence would cease to have effect:
(a)
if no application for a renewal of the licence were to be made; or
(b)
in the case of an exploration licence - if no application for a prospecting licence were to be made under section 50 (2) in respect of any of the land to which the licence relates;
"new exploration licence" means an exploration licence that is neither an existing exploration licence
nor a renewed exploration licence;
"new prospecting licence" means a prospecting licence that is neither an existing prospecting licence nor a renewed prospecting licence;
"renewed exploration licence" means an exploration
licence that has been renewed and that was an existing
exploration licence before it was renewed;Mining (Access to Lands) Amendment 1989
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"renewed prospecting licence" means a prospecting
licence that has been renewed and that was an existing
prospecting licence before it was renewed;
"the amending Act" means the Mining (Access to
Lands) Amendment Act 1989;
"the new Act" means this Act, as amended by the
amending Act;
"the old Act" means this Act, as in force
immediately before the commencement of this Part.
Pending applications for exploration licences
24. An application for an exploration licence lodged before the commencement of this Part shall be dealt with in accordance with the new Act
Exploration licences
(1) The old Act continues to apply to and in respect
of an existing exploration licence until the expiry date of
the licence.
25.
The new Act applies to and in respect of an existing
exploration licence during any period for which the licence
is in force after the expiry date of the licence.
(2)
(3) The new Act applies to and in respect of a renewed exploration licence in the same way as it applies to a new
exploration licence.
(4) Notwithstanding subclauses (1), (2) and (3): (a) a decision under section 87 (whether made before or after the commencement of this Part) that land to which an existing exploration licence relates is or is not agricultural land; and (b) a consent under section 87 (whether given before or after the commencement of this Part) in respect of land to which an existing exploration licence relates,
have effect until the expiry date of the licence or, if the licence is renewed, until the first expiry date of the renewed
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licence that occurs after the expiration of 2 years after the
commencement of this Part(5) The registered holder of an existing exploration licence or a renewed exploration licence may not, within the period of 6 months after the commencement of this Part, exercise the rights conferred by the licence in respect of the land to which the licence relates unless:
(a)
the land has been determined not to be agricultural land pursuant to a decision under section 87; or
(b)
the owner or occupier of the land consents to those rights being exercised in respect of the land.
Pending applications for prospecting licences
26. (1) The new Act applies to and in respect of an application for a prospecting licence in respect of which no notice under section 44 (1) (b) had been sent before the commencement of this Part
The old Act continues to apply to and in respect of any other application for a prospecting licence that had not been finally dealt with before the commencement of this Part
(2)
Existing prospecting licences
(1) The old Act continues to apply to and in respect of an existing prospecting licence. 27.
(2) The registered holder of an existing prospecting licence or renewed prospecting licence may, with the consent in writing of each of the owners and occupiers of the land to which the application for the licence related, apply for a new prospecting licence over the whole of the land, and may make such an application at any time before the expiry date of the licence.
(3) No other person may make an application for a
prospecting licence in respect of that land, or any part of
that land, while the existing prospecting licence or renewedMining (Access to Lands) Amendment 1989
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prospecting licence is in force in respect of that land or
part
Agricultural land
(1) Land that has, pursuant to section 80 of the old Act, been excluded from:
28.
(a) an existing prospecting licence; or
(b) a prospecting licence granted pursuant to an application to which the old Act applies,
on the ground that the land is agricultural land is to be excluded also from any new exploration licence while the prospecting licence has effect
Land that has been excluded from an exploration licence by the operation of subclause (1) becomes subject to the licence when the prospecting licence referred to in that subclause ceases to have effect
(2)
Land that is agricultural land for the purposes of an existing exploration licence to or in respect of which the old Act applies shall be taken to be agricultural land for the purposes also of any prospecting licence granted in respect of that land before the expiry date of the existing exploration licence, and the old Act continues to apply to and in respect of any such prospecting licence until that date.
(3)
Application of new Act by agreement
29. Notwithstanding any other provision of this Part: (a)
the registered holder of a licence to which the old Act applies or the applicant for a prospecting licence the subject of an application to which the old Act applies; and
(b)
the owners and occupiers of land to which such a licence or application relates,
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may agree to apply the new Act to the licence or application, and the new Act shall apply to the licence or application accordingly.
SCHEDULE 2 - FURTHER AMENDMENTS BY WAY
OF STATUTE LAW REVISION
(Sec. 3)
| (1) | Section 2 (Division of Act): |
Omit the section.
(2) Section 6 (Definitions):
(a) Section 6 (1): "Department" means the Department of Minerals
and Energy,
"Director-General" means the Director-General of
the Department;
(b)
Section 6 (1), definition of "irrigation area": After "Wentworth Irrigation Act", insert "1890".
(c) Section 6 (1), definition of "owner": appointed under Part 10 of the Mental Health Act 1958, of the estate or property of a mentally ill or incapable owner", insert instead "the manager, appointed under the Protected Estates
within the meaning of that Act". Act 1983, of the estate of an owner who is a protected person
(d) Section 6 (1), definition of "Registrar": Energy".
(e) Section 6 (1):
Omit the definition of "Secretary".
| (3) | Sections 9, 9 A, 14,15,17,19, 20, 25A, 25B, 39, 43, 44, 46, 49, 62, 66, 75, 76, 77, 87, 92, 94B, 95, 99,107, l l lE , l l lG , 112,113,115, 116, 122, 172, 173, 177B, First Schedule: |
Mining (Access to Lands) Amendment 1989
SCHEDULE 2 - FURTHER AMENDMENTS BY WAY
OF STATUTE LAW REVISION - continued
Omit "Secretary" wherever occurring, insert instead
"Director-General".
(4) Sections 25A, 25B, 35, 36, 46, 80, 87: After "Agriculture" wherever occurring, insert "and
Fisheries".
(5) Section 53 (Powers in relation to application for prospecting
licence or mining lease):
Section 53 (6):
Before "Soil Conservation", insert "Commissioner of the".
(6) Section 94A (Tourist activities):
Omit section 94A (5) (c), insert instead:
(c)
within a special area within the meaning of the Water Board Act 1987 - without the consent, given by instrument in writing, of the Managing Director of the Water Board; or
(7) Section 105 (Records):
Omit "Mineral Resources", insert instead "Minerals and
Energy".
(8) Sections ll lE, l l lF, 113: Omit "Environment and" wherever occurring.
(9) Section 117A (Right of entry for environmental study):
Section 117A (12): Omit "Planning and", insert instead "the".
(10) Section 169 (Proceedings in respect of offences):
Omit "a stipendiary magistrate or any two justices in petty sessions", insert instead "a Local Court constituted by a Magistrate or 2 justices".
Act No. 136
Mining (Access to Lands) Amendment 1989
SCHEDULE 2 - FURTHER AMENDMENTS BY WAY
OF STATUTE LAW REVISION - continued
(11) Section 176:
Omit the section, insert instead:
Death etc of applicant for authority etc
176. Where an applicant for registration of a claim or
an applicant for an authority:
(a) dies;
(b) becomes bankrupt; or
(c) becomes a protected person within the meaning of the Protected Estates Act 1983, the application shall (if the applicant's legal representative or the manager of the applicant's estate so requests) subsist for the benefit of the applicant's estate and may be dealt with under the Part of this Act under which the application was made.
(12) First Schedule (Agricultural land):
Clause 1 (1), definition of "the Director": After "Agriculture", insert "and Fisheries".
[Minister's second reading speech made in - Legislative Assembly on 9 May 1989 Legislative Council on 10 August 1989]
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