Mining Act 1978 (WA)

Western Australia

Western Australia

Mining Act 1978

An Act to consolidate and amend the law relating to mining and for incidental and other purposes.

This Act may be cited as the Mining Act 1978.

• (1)

  The long title, the heading Part I — Preliminary, section 1, this section, the heading Second Schedule, and clause 3 of the Second Schedule shall come into operation on the day on which this Act receives the Royal Assent.

• (2)

  The remaining provisions of this Act shall come into operation on a date to be fixed by proclamation.

[3. Omitted under Reprints Act 1984 s. 7(4)(f).]

The transitional provisions set forth in the Second Schedule, as from time to time modified to prevent anomalies or otherwise affected by the operation of clause 15 of that Schedule, shall have effect without prejudice, except in so far as those transitional provisions are not consistent with such an application, to the application of —

• (a)

  in so far as that Act applies, the Interpretation Act 1918 1 and in particular sections 15 and 16 thereof; and

• (b)

  in any other case, the Interpretation Act 1984 and in particular Part V thereof.

[Section 4 inserted: No. 100 of 1985 s. 3.]

• (1)

  Nothing in this Act shall affect the provisions of any Act in force on the commencing date that approves or ratifies any agreement to which the State is a party and under which a party to the agreement is authorised or required to carry out any mining operations pursuant to the agreement.

• (2)

  Notwithstanding anything in the Second Schedule Division 1, a party to an agreement referred to in subsection (1) —

  • (a)

    who is the holder of an existing mining tenement under that agreement may continue, subject to that agreement, to exercise the rights conferred by that mining tenement; or

  • (b)

    to whom an existing right of occupancy has been granted under section 276 of the repealed Act or that agreement, or under both section 276 of the repealed Act and that agreement, as the case requires, may continue, subject to that agreement, to exercise that right of occupancy,

as though the repealed Act had not been repealed.

• (3)

  Subject to the relevant agreement referred to in subsection (1), a person may, in accordance with this Act, apply for a mining tenement in respect of an area or part thereof that is the subject of a mineral lease granted in accordance with that agreement.

[Section 5 amended: No. 69 of 1981 s. 5; No. 51 of 2012 s. 4.]

• (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,…