Mining Act Amendment Act 1968 (WA)

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No. 53.]

Mining.

[1968.

MINING.

No. 53 of 1968.

AN ACT to amend the Mining Act, 1904-1965.

[Assented to 12th November, 1968.]

RE it enacted by the Queen's Most Excellent Majesty, 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:—

Short title

and citation.

1. (1) This Act may be cited as the Mining Act

Amendment Act, 1968.

Vol. 20 of the

Reprinted

(2) In this Act the Mining Act, 1904-1965, is

Acts.

Approved for

referred to as the principal Act.

reprint 15th

December,

1966.

(3) The principal Act as amended by this Act

may be cited as the Mining Act, 1904-1968.

1968.]

Mining.

[No. 53.

Amendment

2.

Section twenty-six of the principal Act is

to s. 26.

(Privileges

amended by adding after the word "selection",

conferred by

miner's

being the last word in paragraph (11), a passage

right.)

as follows-

''

(12) to enter a mineral claim and prospect on it by any mode with a view to grounding an application pursuant to section twenty-eight A of this Act in respect of that claim but so that he does not interfere with or cause damage to the actual workings of the claim holder " .

Additions of

3.

The principal Act is amended by adding after

ss. 28A and

section twenty-eight sections as follows-

28E.

Exception to

28A. Land to which subsection (1) of

s. 28 (1).

section twenty-eight of this Act applies may be occupied as a prospecting area by the holder of a miner's right other than the miner's right by which the land is then occupied if his application for the prospecting area

(a)

is made and dealt with at such time and subject to such conditions relating to the application as may be prescribed; and

(b)

is, in the discretion of the Minister, granted by him to the applicant on such terms as the Minister thinks fit after the Minister has considered such reports and recommendations from the Warden to whom the application has been made, as may be prescribed.

28B. Subregulation (14) of regulation 55 of maNa.4)

the Regulations, which was published in the Government Gazette on the 4th December, 1925, shall be deemed to have taken effect and to have had the force of law from that date. .

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