Mining Amendment Act 1985 (WA)

WESTERN AUSTRALIA.

MINING.

No. 100 of 1985.

AN ACT to amend the Mining Act 1978.

[Assented to 4 December 1985.]

BE 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

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

and citation.

Amendment Act 1985.

Reprinted as

(2) In this Act the Mining Act 1978 is referred to as the principal Act.

approved for

reprint 1/

December

1981 and

amended by

Acts Nos. 10

Of 1982, 122

or 1982, 52 of

1983 and

orders

Published In

the Gazette

18/12/81,

p. 5274 and

on 16/7/82,

P. 2829.

No. 1001

Mining.

[1985.

Commence-

ment.	2. The several provisions of this Act shall come into operation on such day as is, or days as are respectively, fixed by proclamation.
Section 4
repealed and	3. Section 4 of the principal Act is repealed and re-enacted with amendments as follows-
re-enacted.
Transitional

provisions.

{{ 4. The transitional provisions set forth in the Second Schedule to this Act, 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 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 8

amended.

4. Section 6 of the principal Act is amended by

deleting "as enacted on the commencing date".

Section 8

amended.

5. (1) Section 8 of the principal Act is amended by inserting in the appropriate alphabetical sequence in subsection (1) the definitions following

"agricultural" used in relation to the

purposes for which land is occupied,

includes cropping or pasturing purposes;

"burial ground" means an area of land reserved or demarcated exclusively for the purpose of burials;

"damage", in relation to agricultural land, includes the disturbance of stock and any proper cost reasonably incurred for the purpose of rectifying that disturbance;

1985.]

Mining.

[No. 100.

"Director-General of Mines" means the person for the time being holding or acting in the office of Permanent Head of the Department;

"fossick" means to search for, extract and remove rock, ore or minerals, other than gold or diamonds, in quantities not exceeding the prescribed amount and by means not prohibited under the regula- tions, as samples or specimens for the purpose of a mineral collection, lapidary work or a hobby interest;

"land under cultivation" means land being used for agricultural purposes and includes any land, whether cleared or uncleared, used by a person for the grazing of stock in the ordinary course of management of the land of that person where the land so used for grazing forms the whole or a part of the land owned or occupied by that person;

"lapidary work" includes the selection, cutting, polishing, engraving and setting of rock or other minerals;

"vehicle" includes an aircraft, helicopter or air cushion vehicle; ".

(2)

subsection (1) by deleting the definitions of

"section" and "Under Secretary".

Section 8 of the principal Act is amended in

(3) Section 8 of the principal Act is amended in subsection (1)-

(a) in the definition of "Crown land", in para- graph (c), by deleting "for any purpose other than a pastoral or timber purpose" and substituting the following

other than-

(i) a pastoral lease within the meaning of the Land Act 1933, or a lease otherwise granted for grazing purposes only; or

(ii) a lease for timber purposes ";

No. 100.]

Mining.

[1985.

(b)	by deleting the definition of "minerals" and substituting the following

"minerals" includes all naturally occurring substances, not being soil or a substance the recovery of which is governed by the Petroleum Act 1967 or the Petroleum (Submerged Lands) Act 1982, obtained or obtainable from any land by mining opera- tions carried out on or under the surface of the land, including evaporites, limestone, rock, gravel, shale (whether or not oil shale) sand and clay except that where

(a) limestone, rock or gravel;

(b)	shale, other than oil shale;
(c)	sand, other than mineral sands, silica sand or garnet sand; or
(d)	clay, other than kaolin, bentonite, attapulgite, or montmorillonite,

occurs on private land, that lime- stone, rock, gravel, shale, sand or clay shall not be taken to be minerals; ";

ti	"mining" includes fossicking, prospect- ing and exploring for minerals, marking out in connection with an application for a mining tenement, and mining operations; ";

1985.]

Mining.

[No. 100.

(d)	in the definition of "mining registrar", by adding, after "so to be", the following

44 and includes a reference to the person

holding, acting in, or performing the functions of the office of Director, Mining Registration Division, of the Department ";

(e)	in the definition of "mining tenement" by inserting before "the repealed Act" the following-

" by virtue of ";

(f)	in the definition of "private land"—

(i) by deleting "other than for pastoral or timber purposes," and substitut- ing the following

(not being a pastoral lease within the meaning of the Land Act 1933 or a lease or concession otherwise granted by or on behalf of the Crown for grazing purposes only or for timber purposes) ";

(ii) in paragraph (a), by deleting "Division; and" and substituting the following

" Division; ";

(iii) by deleting paragraph (b) and sub- stituting the paragraph following

(b)	other than in so far as the primary tenement may be treated as private land in relation to mining for gold pursuant to a special pros- pecting licence or mining lease under section 56A or

No. 100.]

Mining.

[1985.

section 70, does not include land that is the subject of a mining tenement; and ";

and

(iv)	by adding the new paragraph following

C' (c) no land that has been

reserved for or dedicated to any public purpose shall be taken to be private land by reason only that any lease or concession is granted in relation thereto for any purpose; "; and

in the definition of "warden" by adding

(g)	after "or deemed so to be" the following-

" and includes a person appointed to be an acting warden ".

Section 12

amended.

6. Section 12 of the principal Act is amended in

subsection (1) by deleting "to any officer of the

Department" and substituting the following-

(i) any officer of the Department; or

(ii) the person for the time being occupying a position in the Depart- ment,

being an officer named or a position specified

in the instrument of delegation ".

Section 13

amended.

7. Section 13 of the principal Act is amended

(a)	as to subsection (1), by adding after "warden of mines" the following-

" and is thereby authorized and empowered to preside in a warden's court ";

1985.]

Mining.

[No. 100.

(b)	as to subsection (2), by deleting "deter- mines." and substituting the following

determines, but a person so appointed is not thereby authorized or empowered to preside in a warden's court. "; and

4{ (4) A person who holds office under

the Public Service Act 1978 may, with the consent of the Public Service Board, be appointed to hold or act in the office of a mining registrar not- withstanding that he is not a person appointed to the Department pursuant to section 11 and that person shall, whilst holding, acting in or performing the functions of the office of mining registrar, be deemed for the purposes of this Act to be an officer of the Department. ".

8.Section 14 of the principal Act is amended— 2=44. (a) in subsection (1)-

(i) by inserting after "warden" where it first occurs the following

, whether appointed under sub-

section (1) or subsection (2) of

section 13, ";

(ii) by deleting "governor" and sub- stituting the following-

" Governor "; and

(iii) by deleting "to be an acting warden" and substituting the following-

" to act in the office of such warden "; and

(b)	in subsection (2) by deleting "is acting as a warden" and substituting the following-

" acts in the office of a warden ".

No. 1001

Mining.

[1985.

Section 15

amended.

9. Section 15 of the principal Act is amended in subsection (2)-

(a)	by deleting "An officer" and substituting

the following-

" A warden or an officer "; and

(b)	by deleting "employment" and substitut- ing the following-

" appointment as a warden or ".

Section 17

repealed.	10. Section 17 of the principal Act is repealed.
Section 18
amended.	11. Section 18 of the principal Act is amended

(a)	by deleting "Subject to and in accordance with this Act, all Crown land" and substituting the following-

" All Crown land, "; and

(b)	by inserting after "open for mining" the following

and as such is land

(a)	where any person may set up pegs or otherwise mark out the land pursuant to section 104 in connection with an application for a mining tenement;
(b)	where the holder of a Miner's Right may do the things authorized by section 20; and

(c)

subject to and in accordance with this

Act. ".

which may be made the subject of an application for a mining tenement,

1985.]

Mining.

[No. 100.

12. Section 19 of the principal Act is amended =';`)Al?

in subsection (3), by deleting ", ceases to be subject to the operation of this Act" and substituting the following-

1( may be dealt with by the Minister in

accordance with this section and to that extent is not subject to the other provisions of this Act ".

13. amended in subsection (1)-

(1) Section 20 of the principal Act is =T. 3?

(a)	by deleting "the Under Secretary for Mines" and substituting the following-

" the Director-General of Mines "; and

(b)	by inserting after "upon" the following-

" being satisfied as to the identity of the applicant and ".

(2) Section 20 of the principal Act is amended in subsection (2)-

(a)	in paragraph (a), by deleting "open for mining" and substituting the following-

" which may be made the subject of an

application for a mining tenement ";

(b)	in paragraph (b), by deleting "determining which area of the land" and substituting the following-

" ascertaining whether any part of the land, and if appropriate determining which area, ";

(i)	by deleting "not exceeding the prescribed quantity";

No. 100.]

Mining.

[1985.

(ii) by deleting "for testing purposes only,";

(iii) by inserting after "possible" the following-

(I , in quantities, in total or on

occasions, not exceeding the

prescribed limits, "; and

(iv) by inserting after "property" the following-

" or to utilise for testing or evaluation purposes any ";

(d)	in paragraph (d), by inserting after "1914," the following-

" or any Act amending or replacing the relevant provisions of that Act, ";

(e) in paragraph (e)—

by deleting "timber, to cut and

(i) remove timber from such land for the purpose of prospecting, and to erect and remove any building or structure on any such land lawfully occupied by him for the purpose of prospecting, and remove the building or structure in such manner" and substituting the following

C' timber

(i) to cut and remove timber from such land for the purpose of prospecting; and

(ii) to erect, use and remove any building or structure on any such land lawfully occupied by him for the purpose of prospecting,

in such manner "; and

1985.]

Mining.

[No. 100.

(ii)	by deleting "prescribed." and substituting the following-

" prescribed; and

subject to the prior written

(f)	consent of-

(i)	any occupier of that Crown land; and

(ii) the holder of the mining tenement concerned,

to fossick by prescribed means on Crown land, whether or not land which is held as a mining tenement. ".

(3) Section 20 of the principal Act is amended in

subsection (3)—

(a)	by deleting "under the authority of" and substituting the following-

" in the exercise or purported exercise of an authorization conferred or alleged to be conferred by ";

(b) in paragraph (a)—

(i) by inserting after "filled in" the following-

" or otherwise made safe "; and

(ii) by deleting "as the Minister directs; and" and substituting the following-

" made, wholly or in part, by him as the Minister may from time to time direct; "; and

No. 100.]

Mining.

[1985.

(c)	in paragraph (b), by deleting "or otherwise." and substituting the following-

, the use of vehicles or

otherwise; and

(c) be liable to pay compensation in accordance with section 123, as may be agreed or as may be determined by the Warden's Court on the application of the owner or occupier of the land or of the holder of any mining tenement affected, for any loss or damage caused by, and not made good by, that person in relation to any land or mining tenement while he was so acting,

and a determination made by the Warden's Court under this subsection is for the purposes of subsection (1) of section 147, a final determination of the Warden's Court. ".

(4) Section 20 of the principal Act is amended in subsection (5)—

(a)	by deleting "prospect, explore, mine or interfere with" and substituting the following

IC prospect or fossick on, explore, or

mine on or under, or otherwise

interfere with, ";

(b)	in paragraph (c), by deleting "Crown" and substituting the following-

" any ";

1985.J

Mining.

[No. 100.

(c)	by deleting paragraph (e) and substituting the following

(e) land the subject of a pastoral lease within the meaning of the Land Act 1933 which is the site of, or is situated within 400 metres of the outer edge of, any water works, race, dam, well or bore, not being an excavation previously made and used for mining purposes by a person other than a lessee of that pastoral lease, ";

(d)	by inserting after "unless the warden" the following-

" in relation to any land other than land referred to in paragraph (c) of this subsection ";

(e)	by deleting "prospecting on, exploring, mining or marking out" and substituting the following-

" prospecting or fossicking on, exploring, mining on or under, or marking out ";

and

(f)	by inserting after "that other land", at the end of the subsection, the following-

1f but a warden shall not make an order

under this subsection unless he is

satisfied that the land is bona fide

required for mining purposes and he is satisfied that compensation in accord- ance with section 123 for all loss or damage suffered or likely to be suffered by an owner or occupier of the land has been agreed upon or otherwise determined, or is assessed and settled in accordance with this Act by the warden ".

No. 100.1

Mining.

[1985.

(6) Section 20 of the principal Act is amended in

subsection (5a)—

(a)	in paragraph (a), by deleting "subsection (5) (f)" and substituting the following-

" paragraph (f) of subsection (5) ";

(b)	in paragraph (b), by deleting "subsection (5) (g)" and substituting the following-

" paragraph (g) of subsection (5) ";

(c)	in paragraph (d), in subparagraph (i), by deleting "or otherwise" and substituting the following

, the use of vehicles or otherwise ";

(d)	in paragraph (e), by deleting "prospecting on, exploring, mining or marking out" and substituting the following

it prospecting or fossicking on, exploring,

mining operations on or under, or

marking out "; and

(e)	by inserting after "that holder", at the end of the subsection, the following-

, and, in respect of land under cultiva- tion, for any other loss or damage for which that holder is liable in accordance with section 123 ".

Section 20 of the principal Act is amended in

subsection (5b) by deleting "referred to in para-

graph (a) of this subsection".

(7)

Section 20 of the principal Act is amended by repealing subsection (6).

(8)

1985.] 14. Section 21 of the principal Act is amended-- =Q.

Mining.

[No. 100.

(a) in subsection (1)—

(i) by deleting "The Governor may from time to time under and subject to the Public Works Act 1902, resume on behalf of the Crown any land" and substituting the following-

" Any land, including land under the surface ";

(ii) by deleting "that in his opinion" and substituting the following-

that in the opinion of the Governor on the recommenda- tion of the Minister ";

(iii) by inserting after "this Act" the following

is hereby authorized to be taken or resumed on behalf of the Crown pursuant to the the Public Works Act 1902 as though the taking or resump- tion were required for a public purpose ";

(iv) by deleting "the purpose of any such proposed resumption" and substitut- ing the following-

" that purpose the Minister or the Minister administering that Act ";

and

(v) by inserting after "operations", at the end of the subsection, the following-

" in accordance with that Act ";

No. 100.]

Mining.

[1985.

(b) by repealing subsection (2) and re-enacting it with amendments as follows

(2) At the request of a person interested in land to which subsection (1) refers, any other land that is being or is intended to be used in conjunction with that land may be, and is hereby authorized to be, taken or resumed on behalf of the Crown in accordance with that subsection if the Governor, on the recommendation of the Minister, so determines. ";

(i)	by deleting "any such resumption" and substituting the following-

" the taking or resumption of any

land pursuant to this section ";

and

(ii)	by deleting "such compensation, no" and substituting the following-

" the compensation to be paid

no ";

and

(d) in subsection (4)-

(i) by deleting "When it is proved to the satisfaction of the Compensation Court" and substituting the following

Where it is agreed or a Com- pensation Court constituted under the Public Works Act 1902 determines ";

(ii) by deleting "land resumed" and sub- stituting the following-

" land taken or resumed ";

1985.]

Mining.

[No. 100.

(iii) by deleting "that Court may order that" and substituting the following

C	the Governor, on the recom- mendation of the Minister, may determine or that Court may order that in accordance with this section "; and

(iv) by deleting "so resumed" and sub- stituting the following-

" taken or resumed ".

15. Section 22 of the principal Act is amended— 2V:dg.2

(a)	by deleting "land is resumed pursuant to section 21 the land by force of this section becomes" and substituting the following-

" land is taken or resumed under section 21 pursuant to the Public Works Act 1902 that land shall for the purposes of this Act be taken to be "; and

(b)	by deleting "and shall be open for mining".

16. Section 23 of the principal Act is repealed reption23 d

and re-enacted with amendments as follows—	re-enacted.
Mining on

23. Subject to this Act, a mining tenement may be applied for in respect of any land, or	public
reserves. etc.
land of a class, to which section 24 or section 25 applies (not being land that is already the subject of a mining tenement) but

(a) no mining shall be carried out on or under any such land otherwise than in accordance with a relevant consent obtained in relation to that land under section 24 or section 25;

and

No. 100.]

Mining.

[1985.

(b)	a mining tenement held in relation to such land by a person who-

(i) contravenes this section; or

(ii) is in breach of any term or condition to which a consent given under section 24 or section 25 is made subject,

is liable to be forfeited,

and such land is only open for mining as provided in those sections and subject to such terms and conditions as are thereby imposed. ".

Section 24

Section 24 of the principal Act is amended

in subsection (1) in paragraph (d) by inserting

after "1918" the following-

amended.

17.

" or any Act repealing or replacing the relevant provisions of that Act ".

Section 26

amended.

18.

Section 26 of the principal Act is amended

(a)	by repealing subsection (2) and re- enacting the subsection with amendments as follows

(2) In relation to any application

for a mining tenement in respect of any land, or land of a class, to which section 24 or section 25 applies

(a)	land to which paragraph (a) or paragraph (b) of subsection (1) of section 24 refers may be marked out only with the consent of the Minister and the responsible Minister; and

1985.

]

Mining.

[No. 100.

(b)	land to which paragraph (d) of subsection (1) of section 24 refers may be marked out only in accordance with such conditions and restrictions, if any, as are lawfully prescribed pursuant to paragraph (h) of subsection (1) of section 128 of the Conservation and Land Management Act 1984,

but otherwise the land shall be marked out as a mining tenement in accordance with this Act. "; and

(b) by adding the subsection following

(3) The responsible Minister for the purposes of subsection (2) of this section is the person who is the responsible Minister in relation to the land as determined pursuant to sub- section (8) of section 24. ".

19. Section 27 of the principal Act is amended by	Section 27
amended.

repealing subsection (1) and re-enacting it with

amendments as follows

(1) Subject to this Act, a mining tenement may be applied for in respect of any private land (which for the purposes of this Division does not include private land that is the subject of a mining tenement, other than in relation to mining for gold pursuant to a special prospecting licence or mining lease under section 56A or section 70 in which case the land which is the subject of the application for that licence or lease is to be dealt with as private land) and such land is open for mining in accordance with this Act. ".

No. 100.]

Mining.

[1985.

Section 29

amended.

20. Section 29 of the principal Act is amended

(a)	by inserting before "surface", wherever it occurs, the following-

" natural ";

(b)	in paragraph (c) of subsection (2) by deleting "reservoir" and substituting the following-

" dam, bore, well or spring ";

(c)	in subsection (5) by adding, after "already granted" at the end of the subsection, the following

.14 and that portion, whilst the right so

to apply subsists, is not open for mining

to any other person ";

and

(d)	in paragraph (b) of subsection (7) by deleting "ingress thereto and egress there- from" and substituting the following-

" access ";

Section 30

amended.

21. Section 30 of the principal Act is amended

(a)	in subsection (2), in paragraph (b), by deleting "will enable the warden to deter- mine if it" and substituting the following

are sufficient to enable the warden to

be satisfied that the land ";

(b) in subsection (3)-

(i) in paragraph (b), by adding after "conditions," the following

not being conditions preventing the marking out of any mining tenement or the maintenance of any marks or notices relating thereto, "; and

1985.]

Mining.

[No. 100.

(ii) by adding, after "permit" at the end of the section, the following

44 and, where the holder of the

permit marks out and applies for a mining tenement in relation to that land or any part thereof, the permit shall be deemed to continue in force, for the purpose only of repairing or maintaining the marks so set up and the notices posted thereon, until such time as the application for the mining tenement is determined "; and

(c)	by adding the subsection following

C' (7) A permit under subsection (3)

of this section shall be deemed to be held subject to the condition that the holder is liable

(a)	in accordance with section 123, in respect of loss or damage arising out of the lawful exercise of the authorization conferred by the permit; and
(b)	generally for any loss or damage arising by reason of any entry on the land effected in purported pursuance of the authorization conferred by the permit where the exercise of that authorization con- travened conditions to which the permit was subject or the entry was otherwise unlawful. ".

No. 100.]

Mining.

[1985.

Section 31

amended.

22. Section 31 of the principal Act is amended

(a) in subsection (1)—

(i)	by deleting "authorized agent" and substituting the following-

" authorized

employee

agent ";

(ii) by deleting "holder or his agent" and substituting the following-

" holder,

his

employee

agent ";

(iii) by deleting "holder of the permit or his agent" and substituting the following-

" holder of the permit, his

employee or agent ";

Section 32

amended.

23. Section 32 of the principal Act is amended in

subsection (1)—

(i) by deleting "authorized agent" and sub- stituting the following in both places where it appears-

" authorized employee or agent ";

(ii) by inserting after "relates" in paragraph (a) the following-

" and to search thereon for any mineral

and to mark out, and repair and

maintain the marks set up and notices

1985.1

Mining.

[No. 100.

relating to the application for one or more mining tenements with respect to that land or any part thereof ";

and

(iii) by deleting "and to mark out a mining tenement with respect to that land or any part thereof," in paragraph (c).

24. Section 33 of the principal Act is amended— =odne33.

(a) in subsection (1)—

(i)	by deleting "Where" and substituting the following-

" Subject to subsection (la) of this section, where ";

(ii) by inserting after "given" the following-

" in the prescribed manner ";

(iii) by deleting "as prescribed";

(iv) by deleting ", but if there is no occupier, notice of the application shall be affixed in some conspicuous place on the land"; and

(v) by deleting "land.", at the end of the subsection, and substituting the following

land,

but if there is no occupier of the land, or no such occupier can be found, the notice of the

No. 100. j

Mining.

[1985.

application shall be affixed in some conspicuous manner on the land. ";

(b)	by inserting after subsection (1) the sub- sections following

(I (la) Where the application for a

mining tenement relates only to that portion of the land that is not less than

30 metres below the lowest part of the

natural surface of the private land, it shall not be necessary to give notice of the application to the owner or occupier or to a mortgagee of the land, but no application shall be made under subsection (5) of section 29 or other- wise in respect of that portion of the land that is less than 30 metres below the lowest part of the natural surface unless notice is given in accordance with subsection (1) notwithstanding the prior grant of an application for a mining tenement over any portion of the land.

( lb) Where the application relates to land to which subsection (2) or sub- section (5) of section 29 applies, the applicant shall be required to establish that both the owner and the occupier have consented in writing to the grant of the mining tenement concerned but otherwise, subject to the deter- mination of the amount of any compensation payable in accordance with section 123, a mining tenement in respect of private land may be granted in accordance with this Act. "; and

1985.] (c) in subsection (2)-

Mining.

[No. 100.

(i) by inserting after "private land" the following-

" or any portion of that land ";

and

(ii) by deleting "before the application is granted" and substituting the following-

" in relation to any application in respect of any portion of that land ".

l odne GI .5

25. Section 35 of the principal Act is amended—amended.

(a)	by inserting before "surface" wherever it appears the following-

" natural "; and

(b)	in subsection (2), by adding after "dead" the following-

" or is otherwise incapacitated at

law ".

26. Section 38 of the principal Act is amended amended.

in subsection (2)—

(a)	by deleting "and be granted"; and
(b)	by inserting after "that subsection" the following

(4 , or if he so applies but a tenement is

not granted, ".

No. 100.1

Mining.

[1985.

Section 40

amended.

27. Section 40 of the principal Act is amended

(a)	in subsection (1), by adding after "licence", at the end of the subsection, the following-

" which shall be subject to such conditions as are prescribed or are imposed pursuant to section 24 or 25 or are specified in the licence "; and

(b) by adding the subsection following

(4) Where on an application for a prospecting licence

(a)	the applicant satisfies the mining registrar that the land to which the application relates is unoccupied Crown land or is Crown land which is used for grazing purposes only under-

(i) a pastoral lease within the meaning of the Land Act 1933; or

(ii) a

lease

otherwise

granted by or on behalf of the Crown for grazing purposes only,

but is otherwise unoccupied;

(b)	no notice of objection is lodged at the office of the mining registrar within the prescribed time; and
(c)	the applicant satisfies the mining registrar that all persons required pursuant to subsection (2) of section 41, or section 118, to be served with a

1985.]

Mining.

[No. 100.

notice of the application have been so served, and that a period of not less than 30 days has elapsed thereafter,

the approval of the warden to the grant of the licence may be deemed to have been given and a licence in the prescribed form may thereupon be issued by the mining registrar, and for the purposes of this subsection land shall be taken to be unoccupied if it is not land to which paragraph (a), (b), (c), (d) or (e) of subsection (5) of section 20 applies. ".

28. Section 41 of the principal Act is amended— T,,,=ndeg

(a) in subsection (1)-

(i) by deleting paragraph (c) and substituting the paragraph follow- ing

CC (c)

shall be made by reference to a written description of the area of land in respect of which the licence is sought, and be accompanied by a map on which are clearly delineated the boundaries of that area; "; and

(ii) in paragraph (e), by deleting "warden" and substituting the following-

" mining registrar ";

(b)	in subsection (2), by deleting the comma after "relates"; and
(c)	in subsection (3), by inserting before "warden", wherever it occurs, the following-

" mining registrar or ".

No. 100.]

Mining.

[1985.

Section 42

amended.

29. Section 42 of the principal Act is amended

(a) in subsection (1)-

(i) by deleting "An" and substituting the following-

" Subject to subsection (4) of section 40, an "; and

(ii) by inserting after "court" the following-

" on a day appointed by him ";

and

(b) in subsection (2)—

(i) by deleting "warden's office" and substituting the following-

" office of the mining registrar ";

and

(ii) by adding after "objection", at the end of the subsection the following-

" and he may be heard by the warden in opposition to the granting of the application ".

Section 44

amended.

30.

Section 44 of the principal Act is amended by deleting "by the warden".

Section 45

amended.

31.

Section 45 of the principal Act is amended— (a) in subsection (3)-

(i) by deleting "the Minister shall, subject to subsection (4) of this section and if" and substituting the following-

" where ";

1985.]

Mining.

[No. 100.

(ii) by deleting "prospecting licence for gold or precious stones or both" and substituting the following-

" special

gold

prospecting

licence ";

(iii) in paragraph (a), by deleting "to him" and substituting the following-

" in the prescribed form "; and

(iv)	by inserting, before "extend", the following

the Minister or an officer of the Department authorized in writing by the Minister may, unless subsection (4) of this section applies, ";

(b) in subsection (4),--

(i) by deleting "The Minister shall not" and substituting the following-

" An application to "; and

(ii) by inserting, after "section", the following-

" shall not be granted "; and

for the period during which that application has effect but shall be taken to have expired on the date on which any such application is refused ".

No. 100.]

Mining.

[ 1985.

Section 46

amended.

32. Section 46 of the principal Act is amended

(a)	by deleting "by the Minister or the warden"; and
(b)	by inserting, before "or otherwise." at the end of the section, the following-

" the use of vehicles ".

Section 47

amended.

33. Section 47 of the principal Act is amended

(a)	by deleting "It shall not be necessary for the land the subject of a prospecting licence to be surveyed unless" and sub- stituting the following-

" On an application for a prospecting licence or on a prospecting licence being granted the land affected is not thereby required to be surveyed, but where "; and

(b)	by deleting ", in which case".

Section 48

amended.

34. Section 48 of the principal Act is amended—

(a) in paragraph (b)—

(i) by inserting after "25" a comma; and

(ii) by inserting before "sinking" the following-

" and ";

1985.

]

Mining.

[No. 100.

(b)	in paragraph (c), by deleting "a prescribed amount of ore or" and substituting the following-

" ore in such amount, in total or on occasions not exceeding the prescribed limits, or in ";

and

(i) by inserting after "1914," the following-

" or any Act amending or replac- ing the relevant provisions of that Act, ";

(ii) by inserting after "such land" the following

CC or from any excavation pre-

viously made and used for

mining purposes "; and

(iii) by inserting before "to sink" the following-

" subject to that Act ".

35. Section 49 of the principal Act is amended	Section 49
amended.

(a)	in subsection (1), by deleting "and have granted to him" and substituting the following-

" , and subject to subsection (6) of that section to have granted pursuant to subsection (5) of section 75, "; and

(b)	by repealing subsection (2) and re-enacting it with amendments as follows

(2) Where an application for a

mining lease or a general purpose lease

is made by the holder of a prospecting

No. 100.1

Mining.

[1985.

licence in respect of any land and the term of the prospecting licence would but for this subsection expire, that licence shall continue in force in respect to the land the subject of that application until the application for a lease is determined. ".

Section 52

amended. 36. Section 52 of the principal Act is amended

by repealing subsection (1) and re-enacting it with

amendments as follows

Security

relating to	52. (1) The applicant for a prospecting licence shall lodge with the mining registrar within 28 days after lodging that application a security, in respect of each prospecting licence to which the application relates, for compliance with the conditions to which the prospecting licence, if granted, will from time to time be subject and with the provisions of this Part and the regulations. ".
prospecting
licence.
Section 56A

amended.

37. Section 56A of the principal Act is

amended

(a) by repealing subsection (1) and re-enacting it with amendments as follows-

Special

gold	56A. (1) Where any land is the
prospecting

licences.

subject of a prospecting licence (in this section called "the primary tenement") then, notwithstanding section 117 and whether or not the primary tenement is converted into a mining lease pending the determina- tion of the application for a special prospecting licence, a person may at any time after the expiry of 12 months from

(a)	in the case of land which was the subject of a mineral claim or dredging claim granted under the repealed Act that

1985.1

Mining.

[No. 100.

by the operation of the transitional provisions set forth in the Second Schedule to this Act became subject to the prospecting licence, the date of approval of the claim;

and

(b)	in any other case, the date on which the prospecting licence was granted,

mark out and, in accordance with section 41, apply for a prospecting licence for gold (in this section called a "special prospecting licence") in respect of any part of the land the subject of the primary tenement. ";

(b) in subsection (2) , by deleting "the prospect-

ing licence first-mentioned in that sub-

section" and substituting the following-

" the primary tenement ";

in subsection (3), by deleting "the prospect-

(c)	ing licence first-mentioned in subsection (1) of this section" and substituting the following-

" the primary tenement ";

(d) in subsection (4)-

(i) by deleting "the prospecting licence first-mentioned in subsection (1) of this section" and substituting the following-

" the primary tenement "; and

(ii) by deleting "or precious stones or both":

(e) in subsection (6)-

(i) in paragraph (b), by deleting "or precious stones or both";

No. 100.]

Mining.

[1985.

(ii) in paragraph (c), by deleting "the prospecting licence first-mentioned in subsection (1) of this section" and substituting the following-

" the primary tenement ";

(iii) in paragraph (c), by deleting "or precious stones";

(iv) in paragraph (c), by deleting "licence.", at the end of the paragraph, and substituting the following-

" licence; "; and

(v) by

adding

the

paragraphs

following

IC (d) does not authorize the holder

thereof to extract or remove during the period for which the tenement remains in force ore in excess of 500 tonnes, except in so far as the prior written approval of the Minister may otherwise permit; and

(e) does not authorize mining to be carried out in any portion of the land that is 50 metres or more below the lowest part of the natural surface of the land the subject of the special prospecting licence. ";

(f) by inserting, after subsection (6), the subsection following

(6a) A special prospecting licence

(a)	continues in force in accord- ance with the provisions of section 45 notwithstanding

1985.1

Mining.

[No. 100.

that the holder of the primary tenement may apply for and be granted a mining lease or general purpose lease in respect to the land; but

(b) ceases (and the land in respect to which it was granted reverts to the primary tenement holder as an integral part of the tenement held by him) on the surrender, forfeiture or expiry of that special prospect- ing licence. ";

(g) by repealing subsection (7) and re-enacting it with amendments as follows

(7) No legal or equitable interest in or affecting

(a)	a special prospecting licence;

(b)	a mining lease in respect of the land or any part thereof the subject of a special prospecting licence,

is capable of being created, affected or dealt with, whether directly or indirectly, except with the prior written consent of the holder of the primary tenement, and no person shall hold or have any beneficial interest in more than one such special prospecting licence or mining lease or legal or equitable interest therein. ";

(h)	by adding, after subsection (7), the sub- sections following

(7a) A reference in subsection (7)

of this section to a person includes a

reference to any other person who

No. 100.]

Mining.

[1985.

would, for the purposes of the Companies (Western Australia) Code, be taken to be associated with the first- mentioned person.

(7b) No more than one special prospecting licence, or mining lease in respect of the land or any part thereof which is the subject of a special prospecting licence, shall be granted in respect of the primary tenement. ";

(j) in subsection (8)—

(i) by deleting "or precious stones or both" where it first occurs;

(ii) in paragraph (a), by deleting "the prospecting licence first-mentioned in subsection (1) of this section" and substituting the following-

" the primary tenement ";

(iii) in paragraph (b), by deleting "or precious stones or both exist" and substituting the following-

" exists ";

(iv)	by deleting "grant that application" and substituting the following

grant the application for a lease in respect to that portion of the land to which the special prospecting licence relates that is less than 50 metres below the lowest part of the natural surface of the land and "; and

1985.1

Mining.

[No. 100.

(v) by deleting "the prospecting licence first-mentioned in subsection (1) of this section" and substituting the following

C' the primary tenement (whether

or not the primary tenement has in the meantime been converted into a mining lease) ";

(k)	by adding, after subsection (8), the sub- section following

(8a) A mining lease granted pursuant to subsection (8) of this section

(a)	has effect in relation to gold and any minerals occurring in conjunction with that gold;
(b)	does not authorize the lessee thereof, his agents or employees to extract or remove ore in excess of 750 tonnes in any year;
(c)	does not authorize mining to becarried out in any portion of

the land that is 50 metres or more below the lowest part of the natural surface of the land in respect of which the lease was granted; and

(d)	ceases to have effect (and the land in respect to which it was granted reverts to the primary tenement holder as an integral part of the tenement held by him) on the surrender, forfeiture or expiry of that lease. "; and

(1) by repealing subsection (10).

No. 100.]

Mining.

[1985.

Section 57

Section 57 of the principal Act is amended in subsection (2), by inserting, after "not less than 10 square kilometres" in paragraph (a), the following-

amended.

38.

, unless paragraph (a) of subsection (4) of

section 105A applies, ".

Section 58

amended.

39.

Section 58 of the principal Act is amended

(a) in subsection (1)-

(i) by inserting "and" at the end of subparagraph (iii) of paragraph (b) and at the end of paragraph (d); and

(ii) in paragraph (d), by deleting "warden" and substituting the following-

" mining registrar ";

(b) in subsection (2)—

(1) by deleting paragraph (a) and substituting the paragraph following

(a) The application shall be made by reference to a written description of the area of land in respect of which the licence is sought, and be accompanied by a map on which are clearly delineated the boundaries of that area. "; and

(ii) in paragraph (b), by deleting "Where" and substituting the following-

" On an application for an

exploration licence or on an

exploration

licence

being

1985.]

Mining.

[No. 100.

granted the land affected is not thereby required to be surveyed, but where ";

(c)	in subsection (3), by inserting before "warden", wherever it occurs, the following-

" mining registrar or "; and

(d)	in subsection (4), by deleting the comma after "application".

40. Section 59 of the principal Act is amended— =:11)ate,2

(a)	in subsection (1), by inserting after "court" the following-

" on a day appointed by him ";

(b)	in subsection (2), by deleting "warden's office" and substituting the following-

" office of the mining registrar ";

(c)	in subsection (3), by adding after "licence" the following-

" and setting out the warden's reasons for his recommedation "; and

(d)	in subsection (4), by deleting "or not".

in subsection (1), by deleting "at the Department at

41. Section 60 of the principal Act is amended, 2=g?

Perth within twenty-eight days of the warden's recommendation for the granting of the" and sub- stituting the following-

" with the mining registrar within 28 days after lodging that ".

No. 100.]

Mining.

[1985.

Section 63

Section 63 of the principal Act is amended,

in paragraph (c), by inserting before "or otherwise."

at the end of the section, the following-

amended.

42.

" the use of vehicles ".

Section 63A

Section 63A of the principal Act is amended, in paragraph (b), by deleting "the conditions referred to in sections 62 and 63, to which the exploration licence is subject" and substituting the following

amended.

43.

t< the prescribed expenditure conditions referred

to in section 62, and any conditions to which the licence is deemed to be subject pursuant to section 63, ".

44. Section 64 of the principal Act is repealed

Section 64n

re-enacted. and re-enacted with amendments as follows-

Consent to

C t

dealings in

64. (1) During the first year of the term

exploration

licence.

for which an exploration licence is granted, a legal or equitable interest in or affecting an exploration licence shall not be transferred or otherwise dealt with , whether directly or indirectly, unless

(a) the dealing arises in the due admin- istration of the estate or affairs of a holder-

(i) who is dead;

(ii) who is a person who is an insolvent under administra- tion within the meaning of the

Companies (Western Aus-

tralia) Code;

1985.1

[No. 100.

(iii)

who is otherwise incapaci-

tated at law; or

(iv) which is in the course of being wound up (not being a voluntary winding up); or

(b)	prior written consent to the dealing is given by the Minister or an officer of the Department acting with the authority of the Minister.

(2) Nothing in subsection (1) of this section prevents, or affects the validity of, any agreement made in contemplation of a deal- ing to which that subsection applies where the agreement expressly provides that the consent required by that subsection is to be obtained as a condition of the dealing. ".

45. Section 65 of the principal Act is amended— amended.

(a) by repealing subsection (21 and substitut- ing the subsection following

(2) For the purposes of subsection (1) of this section

(a) if, during the first 3 years of the term for which an explora- tion licence was granted, the holder-

(i) is granted a mining lease or general purpose lease of land then the subject of the explora- tion licence; or

(ii) surrenders a part of the area then the subject of the exploration licence,

No. 100. J

Mining.

[1985.

in calculating the area of land that is required to be sur- rendered under paragraph (a) of that subsection an area to which subparagraph (i) or (ii) of this subsection applies shall, at the expiration of the third year of the term, be taken into account as though it were an area then sur- rendered in satisfaction of that requirement; and

(b)	if, during the fourth year of the term for which an exploration licence is granted, the holder-

(i) is granted a mining lease or general purpose lease of land then the subject of the explora- tion licence; or

(ii) surrenders a part of the area then the subject of the explora- tion licence,

in calculating the area of land that is required to be sur- rendered under paragraph (b) of that subsection an area to which subparagraph (i) or (ii) of this subsection applies shall, at the expiration of that year, be taken into account as though it were an area then surrendered in satisfaction of that requirement. ";

1985.

Mining.

[No. 100.

(b) in subsection (3)-

(i) by deleting "notify the Under Secretary in the prescribed form of the particulars of" and substituting the following

lf in the prescribed manner notify

the Director-General of Mines

as to "; and

(ii) by adding after "licence", at the end of the subsection, the following

C' and, in accordance with section

95, in the prescribed manner surrender the balance of the land on the date on which that land is required to be surrendered ";

and

(c) in subsection (4), by deleting "fails to so notify the Under Secretary at least one month before the date on which an area of land is required to be 'surrendered pursuant to" and substituting the following-

" does not comply with ".

46. Section 66 of the principal Act is amended— amended.

(a)	in paragraph (b), by inserting "and" before "sinking"; and

(b) in paragraph (d)—

(i)	by inserting after "1914," the following-

" or any Act amending or replacing the relevant provisions of that Act ";

No. 100.1

Mining.

[1985.

(ii) by inserting after "such land" the following

CC or from any excavation

previously made and used for

mining purposes "; and

(iii) by inserting before "to sink" the following-

" subject to that Act ".

Section 67

amended.

47. Section 67 of the principal Act is amended

(a)	in subsection (1), by deleting "and have granted to him" and substituting the following-

, and subject to subsection (6) of that section to have granted pursuant to subsection (5) of section 75, "; and

(b)	by repealing subsection (2) and re-enacting it with amendments as follows

(2) Where an application for a mining lease or a general purpose lease is made by the holder of an exploration licence in respect of any land and the term of the expiration licence would but for this subsection expire, that licence shall continue in force in respect to the land the subject of that application until the application for a lease is determined. ".

Section 69

amended.

48. Section 69 of the principal Act is amended— by deleting "surrendered, forfeited, expires" and substituting the following-

" surrendered or forfeited, or expires, "

1985.]

Mining.

[No. 100.

Section 70

49. Section 70 of the principal Act is amended

amended.

(a)	by repealing subsection (1) and re- enacting it with amendments as follows

Scial go/d

70. (1) Where any land is the prospecting

licences

subject of an exploration licence (in on an

explor

this section called "the primary licenceation

tenement") then, notwithstanding.

section 117 and whether or not the

primary tenement is converted into a

mining lease pending the determina-

tion of the application for a special

prospecting licence, a person may at

any time after the expiry of 12 months

from

(a)	in the case of land which was the subject of a mineral claim or dredging claim granted under the repealed Act that by the operation of the transitional provisions set forth in the Second Schedule to this Act became subject to the exploration licence, the date of approval of the claim; and
(b)	in any other case, the date on which the exploration licence was granted,

(b)	in subsection (2), by inserting before "prospecting licence" the following-

" special ";

(c)	in subsection (3), by inserting before "prospecting licence" the following-

" special ";

No. 100.1

Mining.

[1985.

(d)	in subsection (4), by deleting "or precious stones or both";
(e)	in subsection (5), by inserting before "prospecting licence" the following-

" special ";

(f) in subsection (6)-

(i) by inserting before "prospecting licence", in both places where it occurs, the following-

" special ";

(ii) in paragraph (b), by deleting "or precious stones or both";

(iii) in paragraph (c), by deleting "or precious stones";

(iv) in paragraph (c), by deleting "licence.", at the end of the paragraph, and substituting the following-

" licence; "; and

(v) by

adding

the

paragraphs

following-

(d)	does not authorize the holder thereof to extract or remove during the period for which the tenement remains in force ore in excess of 500 tonnes, except in so far as the prior written approval of the Minister may otherwise permit; and
(e)	does not authorize mining to be carried out in any portion of the land that is 50 metres

1985.1

Mining.

[No. 100.

or more below the lowest part of the natural surface of the land the subject of the special prospecting licence. ";

by inserting, after subsection (6), the

(g)	subsection following

(6a) A special prospecting licence

(a)	continues in force in accord- ance with the provisions of section 45 notwithstanding that the holder of the primary tenement may apply for and be granted a mining lease or general purpose lease in respect to the land; but
(b)	ceases (and the land in respect to which it was granted reverts to the primary tenement holder as an integral part of the tenement held by him) on the surrender, forfeiture or expiry of that special prospect- ing licence. ";

(h)	by repealing subsection (7) and re-enacting it with amendments as follows

(7) No legal or equitable interest in or affecting

(a)	a special prospecting licence;

(b)	a mining lease in respect of the land or any part thereof the subject of a special prospecting licence,

is capable of being created, affected or dealt with, whether directly or indirectly, except with the prior written

No. 100.1

[1985.

consent of the holder of the primary tenement, and no person shall hold or have any beneficial interest in more than one such special prospecting licence or mining lease or legal or equitable interest therein. ";

by adding, after subsection (7), the

(j)	subsections following

A reference in subsection (7) of this section to a person includes a reference to any other person who would, for the purposes of the Companies (Western Australia) Code, be taken to be associated with the first- mentioned person.

(7a)

(7b) A special prospecting licence, or a mining lease in respect of the land or any part thereof which is the subject of a special prospecting licence, shall not be granted in respect of the primary tenement where the number of such licences or leases granted in respect of that primary tenement exceeds one for each 200 hectares of the primary tenement. ";

(k) in subsection (8)-

(i) by inserting before "prospecting licence", in both places where it occurs, the following-

" special ";

(ii) by deleting "or precious stones or both" where it first occurs;

(iii) in paragraph (b), by deleting "or precious stones or both exist" and substituting the following-

" exists ";

1985.1

Mining.

[No. 100.

(iv) by inserting after "grant the application" the following

for a lease in respect to that portion of the land to which the special prospecting licence relates that is less than 50 metres below the lowest part of the natural surface of the land and "; and

(v) by deleting "exploration licence", at the end of the subsection, and sub- stituting the following

primary tenement (whether or not the primary tenement has in the meantime been converted into a mining lease) ";

(1) by adding, after subsection (8), the sub- section following

(8a) A mining lease granted pursuant to subsection (8) of this section

(a)	has effect in relation to gold and any minerals occurring in in conjunction with that gold;
(b)	does not authorize the lessee thereof, his agents or em- ployees to extract or remove ore in excess of 750 tonnes in any year; and
(c)	does not authorize mining to be carried out in any portion of the land that is 50 metres or more below the lowest part of the natural surface of the land in respect of which the lease was granted; and

No. 1001

Mining.

[1985.

(d)	ceases to have effect (and the land in respect to which it was granted reverts to the primary tenement holder as an integral part of the tenement held by him) on the surrender, for- feiture or expiry of that lease. ";

(m)	in subsection (9), by inserting before "prospecting licence", in the second place where it occurs, the following-

" special "; and

(n) by repealing subsection (10).

Section 74

amended.

50. Section 74 of the principal Act is amended

(a) in subsection (1)-

(i) in paragraph (b), by deleting "the survey fee and"; and

(ii) in paragraph (d), by deleting "warden" and substituting the following

"mining registrar ";

(b)	in subsection (2), by inserting before "warden", wherever it occurs, the following-

" mining registrar or "; and

1985.]

Mining.

[No. 100.

"	(4) The application shall be

(a)	made by reference to a written description of the area of the land in respect of which the lease is sought, and be accompanied by a map on which are clearly delineated the boundaries of that area;

and

(b)	accompanied by the prescribed survey fee. ".

51. Section 75 of the principal Act is amended— :::godia.5

(a) in subsection (2)—

by deleting "warden's office" and

substituting the following-

" office of the mining registrar ";

(ii) by deleting "he may" and substitut- ing the following-

" is entitled to "; and

(iii) by inserting before "the applica- tion", where it occurs at the end of the subsection, the following-

" the grant of "; and

(b)	in subsection (3), by adding after "lease" the following-

" and setting out the warden's reasons for his recommendation ".

No. 100. j

Mining.

[1985.

Section 76

amended.

52. Section 76 of the principal Act is amended by deleting "Where" and substituting the following

Subject to the provisions of section 56A and section 70 as regards the special prospecting licences and mining leases therein referred to, where ".

Se ction 7 repealed and

53. Section 78 of the principal Act is repealed and

re-enacted. re-enacted with amendments as follows

Term of

leases,	78. (1) Subject to this Act, a mining lease
options and

renewals.

shall remain in force

(a)	for an initial term of 21 years; and
(b)	where application for renewal is made in the prescribed manner during the final year of the term of that lease, as from the expiry of the preceding term for a further term of 21 years, as of right but subject in respect of that further term to the provisions of this Act and the regulations thereunder as in force on and after the date of renewal.

(2) Subject to subsection (1) of this section, the Minister may, from time to time upon receipt of an application made in the prescribed manner, renew or further renew a mining lease for successive terms but so that no such term exceeds a period of 21 years.

(3) Where an application for the renewal of a mining lease is made by the holder of the lease and the term of the lease would but for this subsection expire, that lease shall continue in force in respect of the land the subject of that application until the application is determined. ".

1985.]

Mining.

[No. 100.

Section 80

54. Section 80 of the principal Act is repealed and re-enacted with amendments as follows

repealed and

re-enacted.

e t	Surveys of

80. (1) Land the subject of a mining lease shall be surveyed, but it shall not be necessary for the survey to be carried out prior to the granting of the lease.

mining leases.

(2)

Where an objection is lodged against an application for the grant of a mining lease, the survey of the land to which the application relates shall not be carried out until deter- mination of that objection unless the Minister or the warden, as the case may be, otherwise requires for the purpose of assisting him in coming to a decision upon the application.

(3)

Where an application for a mining lease is refused, or is not proceeded with, or the lease is surrendered or forfeited or expires before the survey is carried out the survey fee paid in respect of the application is refundable. ".

55. Section 81 of the principal Act is repealed. =1%8.1

56. Section 82 of the principal Act is amended— BID=Ildeaz

(a)	in subsection (2), by deleting "fine" and substituting the following-

" penalty "; and

No. 100.]

Mining.

[1985.

(b) by adding the subsection following-

" (3) Where any penalty imposed as an alternative to forfeiture of the lease pursuant to subsection (2) of this section is not paid within the time specified by the Minister, or within 30 days of written notice of the penalty being given by the Minister to the lessee if no other time is specified by the Minister, the lease shall thereupon be forfeited. ".

Section 84

amended.

57. Section 84 of the principal Act is amended

(a)	by inserting before "surface", wherever it occurs, the following-

" natural "; and

(b) by adding the subsection following

(4) A condition imposed in relation to a lease under this section

(a)	may, either in full or with sufficient particularity as to identify the recommendation or other source from which it derives, be endorsed on the original and the duplicate of the lease, for which purpose the lessee shall produce the duplicate of the lease on demand;
(b)	whether or not so endorsed, on notice of the imposition of the condition being given in writing to the lessee shall for all purposes have effect as a condition to which the lease is subject; and

1985.]

Mining.

[No. 100.

(c) where it is set out or otherwise sufficiently identified in the notification of the grant of the lease, shall have effect as though the lease had been issued duly endorsed as to the terms of that condition. ".

58. Section 85 of the principal Act is amended, 2ggfieci.5

in subsection (1) in paragraph (c)—

(a)	by inserting after "1914," the following

or any Act amending or replacing the relevant provisions of that Act, ";

and

(b)	by inserting after "such land" the following-

" or from any excavation previously

made and used for mining purposes ".

59. Section 86 of the principal Act is amended—	Section 86
amended.

(a) in subsection (1)-

(i) by deleting "a lessee of a mining lease" and substituting the following-

" any person ";

(ii) by deleting "in accordance with section 75"; and

(iii) by deleting "the mining operations carried out on the mining lease" and substituting the following-

" mining operations ";

No. 100.]

Mining.

[1985.

(b) in subsection (3)-

(i) by deleting "two hundred and fifty" and substituting the following-

" 10 "; and

(ii) by inserting after "hectares" the following-

" and shall be limited to such depth below the natural surface of the land as may be specified in the lease or, where no depth is so specified, to 15 metres below the lowest part of the natural surface of the land "; and

(4) An application for the grant of a general purpose lease in respect of any land

(a)	shall be made, and may be objected to, in like manner to an application for a mining lease;
(b)	shall be heard by the warden in open court on a day appointed by him; and
(c)	may be granted by the Minister, subject to such terms and conditions as he thinks fit, or may be refused. ".

Section 87

amended.

60. Section 87 of the principal Act is amended,

in subsection (1)—

(a)	in paragraph (a), by deleting "on the mining lease";

1985.]

Mining.

[No. 100.

(b)	in paragraph (b), by deleting "the land in respect of which such mining lease was granted" and substituting the following-

" any land in accordance with this Act "; and

(c)	in paragraph (c), by deleting "such".

61. Section 88 of the principal Act is repealed ?geVelc18:n d

and re-enacted with amendments as follows—

re-enacted.

CC	Term or

88. (1) Subject to this Act, a general

general

purpose lease remains in force

purpose lease.

(a)	where it is granted in relation to a particular mining lease and contains no other provision for expiry, until

(i) it is surrendered or forfeited; or

(ii) the date of surrender, for- feiture or expiry of the mining lease (or any renewal thereof) in relation to which it was granted or 21 years from the date on which the general purpose lease was granted, whichever is the longer period;

(b)	in any other case, for a period of 21 years or until it is sooner surrendered or forfeited.

(2) The Minister shall, where an

application for renewal is made in the

prescribed manner during the final year of

No. 100.]

Mining.

[1985.

the term of that lease, renew a general purpose lease as from the expiry of the preceding term for a further term of 21 years, as of right but subject in respect of that further term to the provisions of this Act and the regulations thereunder as in force on and after the date of renewal. ".

Section 89

amended.

62. Section 89 of the principal Act is amended by inserting after "may" the following-

, from time to time, ".

Section 91

amended.

63. Section 91 of the principal Act is amended

(a) in subsection (1)—

(i) by inserting after "1914," the following-

" or any Act amending or replacing the relevant provisions of that Act, ";

(ii) by deleting "the holder of a prospect- ing licence, exploration licence or mining lease grant to such holder" and substituting the following-

" any person, grant "; and

(iii) by deleting "that is open for mining, or is" and substituting the following

CC , including land ";

1985.

]

Mining.

[No. 100.

(b)	in subsection (2), by deleting "prescribed therein on such terms and conditions as are so prescribed" and substituting the following

specified therein and shall remain in force for a period of 5 years subject to this Act but may be renewed or further renewed by the Minister, on application for renewal being made in the prescribed manner, for successive terms but so that no such term exceeds a period of 5 years "; and

64. re-enacted with amendments as follows—

Section 92 of the principal Act is repealed and =e1Teacilnd

enacted.

92. Sections 41, 42, 44, 46 and 47 apply, =si !Zit)

with such modifications as the circumstances V/raTolgel-

require, to and in relation to an application licences.

for the grant of a licence under this Division

as though in those sections a reference to a

prospecting licence was to be construed as a

reference to a licence under this Division. ".

by repealing subsection (2) and re-enacting it with 65. amendments as follows	Section 93 of the principal Act is amended =2?
(2) The application for the grant of the licence shall be made by reference to a written description of the area of land in respect of which the licence is sought, and be accompanied by a map on which are clearly delineated the boundaries of that area. ".

66.

by repealing subsection (1) and subsection (2) and

substituting the subsections following-

Section 94 of the principal Act is amended amended,

94. (1) A licence under this Division is Tnistiag.

subject to the terms and conditions

prescribed.

No. 100.]

Mining.

[1985.

(2) In addition to the terms and conditions prescribed in relation to a licence, the warden may make a licence under this Division subject to such further terms and conditions as he thinks fit and specifies in that licence. ".

Section 95

amended.

67. Section 95 of the principal Act is amended

(a)	in subsection (2), in paragraph (a), by inserting before "surrender" the following-

" the date of "; (b) by repealing subsection (4) and re-

enacting it with amendments as follows

CC (4) Where a mining tenement is

being surrendered as to part only, the form of surrender shall be prepared by reference to a written description of the area of the part to be surrendered, and be accompanied by a map on which are clearly delineated the respective boundaries of that mining tenement and of the part of that mining tenement which is being surrendered. ";

(c)	in subsection (5), by inserting after "mining tenement", where it secondly occurs, the following-

, for which purpose the holder shall produce his copy of the document on demand, "; and

(d)	in subsection (6), by deleting "in respect of the whole of the land or the part thereof so surrendered as the case may be, shall absolutely cease and determine on" and substituting the following

in respect of

(a)	the whole of the land the subject of that tenement; or

1985.1

Mining.

[No. 100.

(b)	that part of that land which is being surrendered,

as the case requires, absolutely ceases and determines in the case of a conditional surrender on the date on which the surrender becomes absolute but otherwise on ".

68. Section 96 of the principal Act is amended— ,Tgfg,°,12.6

(a) in subsection (1)-

(i) in paragraph (a), by inserting after "Minister or any" the following-

" mining registrar or other ";

and

(ii) by deleting "any mining tenement other than an exploration licence, a mining lease or general purpose lease" and substituting the following

CC any prospecting licence or a

miscellaneous licence granted or acquired under this Act or by virtue of the repealed Act ";

(b)	in subsection (2), by deleting "An" and substituting the following

An order for forfeiture may be made in relation to a mining tenement to which subsection (1) of this section applies if

(a)	the prescribed rent or royalty in respect there- of is not paid in accord- ance with this Act;
(b)	any term or condition to which the mining tenement is subject,

No. 100.]

Mining.

[1985.

including any condi- tion referred to in sec- tion 46 or section 50, is not complied with; or

(c)	the holder of the min- ing tenement is con- victed of an offence against this Act,

but an

));

(i) by deleting "in lieu of" and sub- stituting the following-

" as an alternative to "; and

(ii) by deleting "fine", wherever it occurs, and substituting the following-

" penalty "; and

(d)	in subsection (8), by deleting "The" and substituting the following-

" Subject to section 97A, the ".

Section 96A	69. Section 96A of the principal Act is amended
amended.

(a)	in subsection (2), by deleting "The" and substituting the following-

" Subject to section 97A, the "; and

(b)	by adding the subsections following

(5) The Minister, as he thinks fit in the circumstances of the case, as an alternative to causing the exploration licence to be forfeited, may

(a)	impose a penalty, not exceed- ing $500, upon the holder of the exploration licence;

19851

Mining.

[No. 100.

(b)

award the whole or any part of the amount of any such penalty to any person, other than an officer of the Department; or

(e)

impose no penalty on the

holder.

(6) Where any penalty imposed as an alternative to forfeiture under sub- section (5) of this section is not paid within the time specified by the Minister, or within 30 days of written notice of the penalty being given by the Minister to the holder of the exploration licence if no other time is specified by the Minister, the explora- tion licence is thereby forfeited. ".

Section 97

70. Section 97 of the principal Act is amended— amended.

(a)	in subsection (1), by inserting after "section 82" the following-

" which is otherwise made a condition to which the lease is subject ";

(b)	in subsection (3), by deleting "The" and substituting the following-

" Subject to section 97A, the "; and

(c)	by adding the subsections following-

" (5) The Minister, as he thinks fit in the circumstances of the case, as an alternative to declaring the lease forfeited, may

(a)	impose a penalty, not exceed- ing $500, upon the lessee;

No. 100.]

Mining.

[1985.

(b)	award the whole or any part of the amount of any such penalty to any person, other than an officer of the Depart- ment; or
(c)	impose no penalty on the lessee.

(6) Where any penalty imposed as an alternative to forfeiture under sub- section (5) of this section is not paid within the time specified by the Minister, or within 30 days of written notice of the penalty being given by the Minister to the lessee if no other time is specified by the Minister, the lease is thereby forfeited. ".

Section 97A

inserted.

71. The principal Act is amended by inserting,

immediately after section 97, the new section

following-

Appeals	CI 97A. (1) Subject to subsection (2) of this
against
cancellation

of forfeiture.

section, where a mining tenement is forfeited under or by virtue of section 96, 96A or 97 a person who was, immediately prior to the forfeiture, the holder of the tenement con- cerned may apply to the warden for the mining tenement to be restored to him and the forfeiture cancelled.

Where the forfeiture was occasioned by non-compliance by the holder with an expenditure condition applicable to the tenement and results from an application made by a person, not being a person acting on behalf of the Department, subsection (1) of this section does not apply.

(2)

(3)	An application under subsection (1) of

this section

(a)	shall be in the prescribed form and made within the prescribed time:

1985.]

Mining.

[No. 100.

(b)	shall be lodged with the mining registrar of the mineral field or the district thereof wherein the land to which the application relates is situated; and
(c)	shall be accompanied by the prescribed application fee,

and the applicant shall at the request of the warden furnish such other information, or such evidence in support thereof, as the warden may require but the warden shall not require information or evidence relating to assays or other results of any testing, sampling or other mining operations that the applicant may have carried out on the land the subject of the application.

(4)

Within 14 days after the lodging of such an application under subsection (1) of this section, the applicant shall serve such notice of the application as may be prescribed on any person who has since the forfeiture made application for a mining tenement in respect of the land or any part of the land to which the application relates and on such other persons as may be prescribed.

An application under subsection (1) of

this section shall be heard by the warden in

open court on a day appointed by him.

(5)

A person who desires to object to the granting of an application made under subsection (1) of this section shall lodge at the office of the mining registrar within the prescribed time and in the prescribed manner a notice of objection and he may be heard by the warden in opposition to the granting of the application.

(6)

No. 100.]

Mining.

[1985.

(7) On the hearing of an application made under subsection (1) of this section the warden

(a) in a case to which section 96 applies, shall determine the application and make such order as he thinks fit and may-

(i) grant the application and restore the mining tenement to the former holder;

(ii) grant the application and restore the mining tenement to the former holder subject to such further or other conditions as the warden may specify; or

(iii) refuse the application; and

(b)

in any other case, shall as soon as practicable thereafter transmit to the Minister for his consideration the notes of evidence and any maps or other documents referred to therein, and his report recommend- ing the granting or refusal of the application together with his reasons for the recommendation.

(8) On receipt of notes of evidence and any maps or documents transmitted to him pursuant to subsection (7) of this section, the Minister may grant or refuse the application for restoration of the mining tenement, as he determines and whether the warden recommends the granting of the application or the refusal thereof, and may impose on a mining tenement so restored such further or other conditions as the Minister may specify. ".

1985.]

Mining.

[No. 100.

72. Section 98 of the principal Act is amended— ,l'Ignier.

(a) in subsection (2), by inserting after "made" the following-

, during the expenditure year in rela- tion to which the requirement is not complied with or within 8 months thereafter, ";

(b)	in paragraph (a) of subsection (4), by deleting "a fine not exceeding five hundred dollars in lieu of" and substituting the following-

" a penalty not exceeding $500 as an alternative to ";

(c)	in paragraph (b) of subsection (4), by deleting "fine", in both places where it occurs, and substituting the following-

" penalty ";

(d)	in subsection (7), by deleting "the warden or"; and
(e)	by adding the subsection following

(9) Where any penalty imposed by a warden as an alternative to forfeiture under subsection (4) of this section is not paid within the time specified by the warden, or within 30 days of the order made by the warden where no other time is specified, the warden shall make a recommendation to the Minister as to whether or not the licence or lease should be forfeited. ".

Section 99

73. Section 99 of the principal Act is amended

amended.

(a)	by deleting "fine", wherever it occurs, and substituting the following-

" penalty ";

No. 100.]

Mining.

[1985.

(b) in subsection (1), in paragraph (b)—

(i) by deleting "forfeiture" where it first occurs and substituting the follow- ing

" forfeiture; 71.

(ii) by deleting "and award" and sub- stituting the following-

" (c) award "; and

(iii) by deleting "forfeiture;" and sub- stituting the following-

" forfeiture; or ";

(c)

in subsection (1), by re-designating

paragraph "(c)" to stand as paragraph

"(d)";

(d) in subsection (2)-

(i) by deleting "decides to forfeit such licence or lease" and substituting the following

declares an exploration licence or lease forfeited under sub- section (1) of this section ";

and

(ii) by deleting "his determination" and substituting the following-

" the declaration "; and

(e) in subsection (3)-

(i) by deleting "in lieu of", in both places where it occurs, and substitut- ing the following-

" as an alternative to "; and

1985.]

Mining.

[No. 100.

(ii) by deleting "Minister's decision to impose a" and substituting the following-

" Minister imposing the ".

Section 100

74. Section 100 of the principal Act is amended by inserting before "the applicant" the following-

amended.

" if the applicant for the forfeiture was not the Minister or an officer authorized in writing by the Minister, ".

75. Section 101 of the principal Act is amended— Se teal

(a)	by inserting before "subsection (3) of section 230 of that Act" the following-

" subsection (2) of section 371 of that Code or of "; and

(b)	by deleting "contained in that Act" and substituting the following-

" therein contained ".

76. Section 102 of the principal Act is amended— E

r ti

=no 10

. 2

(a) in subsection (1)-

(i) by deleting "tenement, such" and substituting the following-

tenement or his authorized agent prior to the end of the year to which the proposed exemption relates, the ";

(ii) by deleting "relates, from" and sub- stituting the following-

" relates from "; and

No. 100.]

Mining.

[1985.

(iii) by deleting "expended in any one year in respect of that mining tene- ment" and substituting the following-

expended

(a)	in respect to any mining tenement other than a min- ing lease, in any one year;

and

(b)	in respect to a mining lease, subject to subsection (7) of this section, in a period of 5 years ";

(b) in subsection (2)—

(i) by adding after "future" at the end of paragraph (e) the following

or that at the relevant time economic or marketing problems are such as not to make the mining operations viable ";

and

(ii) by deleting "operation." at the end of the subsection and substituting the following

operation;

(g)	mental or other difficultiespolitical, environ-

that

in obtaining requisite approvals prevent mining or restrict it in a manner that is, or subject to conditions that are, for the time being impracticable; or

1985.]

Mining.

[No. 100.

(h)

that the mining tenement is comprised within a project involving more than one tenement, and that expenditure on a tenement or tenements comprised in that project would have been such as to satisfy the expenditure requirements in relation to the tenement concerned had that aggre- gate expenditure been apportioned in respect of the various tenements com- prised in the project. ";

(c)	in subsection (3), by deleting "the provisions of paragraphs (a), (b), (c), (d), (e) and (f) of" and substituting the following-

" that the reasons given for the application for exemption are not amongst those set out in ";

(d)	in subsection (4), by deleting "for the reasons specified in paragraphs (b) and (e) of subsection (2) of this section or in subsection (3) of this section regard shall be had" and substituting the following-

" regard shall be had to the current grounds upon which exemptions have been granted and ";

(e)	in subsection (5), by deleting "in an amount exceeding one-twelfth of the amount required to be expended in any one year in respect of the mining tenement to which that application relates"; and
(f)	by adding the subsections following-

c t

(6) The warden shall as soon as practicable after the hearing of the application transmit to the Minister for his consideration the notes of evidence and any maps or other documents referred to therein and his

No. 100.]

Mining.

[1985.

report recommending the granting or refusal of the application and setting out his reasons for that recom- mendation.

(7) Where the warden finds that the reasons given by the holder of the mining lease are sufficient to justify the granting of a certificate of exemption and so recommends, or if the Minister is satisfied whether or not a recommendation is made by the warden, the Minister may grant a certificate of exemption in an amount not exceeding the amount required to be expended in respect of the mining lease in the period of 5 years from the commencement of the year to which the application relates. ".

Section 102A

amended.

77. Section 102A of the principal Act is

amended in subsection (1)—

(a)	by inserting before "on the application" the following-

" on payment of the prescribed fee and "; and

(b)	by deleting "exemption totally or partially" and substituting the following-

" a certificate in the prescribed form totally or partially exempting the holder of that licence ".

Section 103

amended.

78. Section 103 of the principal Act is amended by inserting after "section 102" the following-

" or section 102A ".

Section 105

amended.

79. Section 105 of the principal Act is amended

(a)	by deleting "Before" and substituting the following

(1) Before "; and

1985.] (b) by adding the subsection following

Mining.

[No. 100.

CC (2) Where any land is the subject of

an exploration licence and another mining tenement (in this subsection called "the secondary tenement") situated wholly within the boundaries (whether or not any of those boundaries are common boundaries) of the land the subject of that exploration licence

(a)

is surrendered or forfeited, or

expires; and

(b)

has not, before an application is made under this subsection, been marked out or applied for under this Act by any other person,

the holder of that exploration licence may, without marking out the land, apply in writing to the Minister for amalgamation of the secondary tene- ment so surrendered, forfeited or expired with the exploration licence and the Minister may, whether or not he refers the matter to the warden for his recommendation, determine the application and amend the exploration licence to include the land which was the subject of the former secondary tenement, in such manner and on such conditions as he may think fit, or may refuse the application. ".

80. Section 105A of the principal Act is amended	Section 105A
amended.

by adding the subsections following

(3) In the case of an application for an exploration licence, where the warden is satisfied that 2 or more applications in respect of any land lodged with the mining registrar were lodged at the same time, priority shall, in default of written agreement being

No. 100.]

Mining.

[1985.

concluded by the respective applicants within the prescribed time being lodged with the mining registrar, be determined by ballot conducted by the warden in open court on a date to be determined by him and notified to the applicants.

(4) On the priority of an application being determined under subsection (3) of this section, the applicant who was not accorded priority in accordance with that determina- tion, and if there is more than one such applicant each of the respective applicants in the order of priority determined by the agreement referred to in that subsection or in default of such agreement in accordance with the result of the ballot, has the right in priority over every other applicant, in relation to any part of the land to which the competing applications refer which is not the subject of a mining tenement previously granted to another applicant pursuant to this section, at the option of the applicant

(a)	to have granted to him in respect of that land an exploration licence, notwithstanding that the land may comprise less than 10 square kilometres;

(b)	within 14 days to mark out and apply for one or more prospecting licences. ".

Section 105B

inserted.	81. The principal Act is amended by inserting immediately after section 105A, the section following-
Grant of

tenement	105B. The grant of a mining tenement shall be deemed to have been made subject to a condition that the land applied for is found to have been available for the purposes of that grant after a survey has been made of the tenement. ".
subject to
survey.

1985.] 82. Section 106 of the principal Act is amended— Section 106

Mining.

[No. 100.

amended.

(a)	by deleting "A person shall not" and substituting the following

A person who ";

(b)	in paragraph (a), by deleting "remove, destroy or alter" and substituting the following

removes, destroys or alters ";

(c)	in paragraph (b), by deleting "damage or destroy or otherwise interfere" and sub- stituting the following

le damages, destroys or otherwise

interferes ";

(d)	in paragraph (c), by deleting "obstruct, hinder, or interfere" and substituting the following

obstructs, hinders, or interferes "; and by deleting "section." and substituting the following

(e)

section,

is guilty of an offence against this

Act. ".

83. Section 109 of the principal Act is amended— Section /09

amended.

(a)	by deleting "Without prejudice to" and substituting the following

et (1) In the exercise of ";

(b)	by deleting "prescribed." at the end of sub- section (1) and substituting the following

prescribed; and

No. 100.]

Mining.

[1985.

provide for penalties, including

(c)	penalties for continuing offences, for contravention of the require- ments of this Act in relation to royalties and the furnishing of information relevant to the assess- ment of royalties. "; and

t< (2) Regulations made under section

162 of this Act may empower the

Minister

(a) to determine by what method a value shall be placed on a mineral or a class of minerals for the purpose of assessing the rate of royalty that shall be paid, and in so doing to take into account market factors, including pricing methods and merchandising practices; and

(b)	to exercise a discretion as to the basis on which a rate of royalty shall be applied, taking into account particular circumstances.

For the purposes of this section, a reference to a mineral includes a reference to a material containing that mineral.

(3)

(4) Notwithstanding the provisions of any other Act, proceedings in respect of a failure to furnish information relevant to the assessment of royalties or to pay royalties under this Act may be brought within the period of 3 years after the royalty return was required to be submitted or the royalty required to be paid or, with the consent of the Minister, at any later time. ".

19851

Mining.

[No. 100.

in subsection (3)-

84. Section 115 of the principal Act is amended, =r

(a)	by deleting " (3) (a) The" and substituting the following

(3) In relation to the exercise of a power under this section

(a) the ";

(b)	by deleting "section." and substituting the following-

" section; and "; and

(c)	by deleting "In" and substituting the following-

" in ".

85. Section 116 of the principal Act is amended ,IggiVs

in subsection (2) by inserting after "in the case of

fraud" the following-

, a mining tenement granted or renewed under this Act shall not be impeached or defeasible by reason or on account of any informality or irregularity in the application or in the proceedings previous to the grant or renewal of that tenement and ".

Section 117

86. Section 117 of the principal Act is amended

amended.

in subsection (1) by deleting "No" and substituting

the following

Subject to the provisions of section 56A and section 70 as regards the special prospecting licences and mining leases therein referred to, no ".

No. 100.]

Mining.

[1985.

Section 118

amended.

87, Section 118 of the principal Act is amended

(a)	by deleting "under a pastoral lease under any Act or regulation relating to Crown lands" and substituting the following

subject to a pastoral lease within the meaning of the Land Act 1933 or a lease otherwise granted by or on behalf of the Crown for grazing purposes only "; and

(b)	by deleting "the lessee of the pastoral lease" and substituting the following-

" the holder of that lease ".

Section 119

88. Section 119 of the principal Act is amended

amended.

(a)	by repealing subsection (1) and substitut- ing the subsection following-

Dealings In,	i{ 119. (1) Subject to this Act a legal
and registra-
tion or.

mining	or equitable interest in a mining
tenements
and	tenement may be sold, transferred,
Interests
in mining	mortgaged, charged or otherwise
tenements.
encumbered, transmitted, seized under a warrant or writ of execution, or other- wise disposed of or made the subject of any other dealing. ";

(b)	in subsection (2), by adding, after "interest" at the end of the subsection, the following-

" or by his duly authorized agent ";

(c)	by repealing subsection (3) and substitut- ing the subsection following-

(3) For the purposes of this Act, the Minister shall maintain registers of applications for mining tenements and matters relating thereto, and of all instruments to which subsection (5) of this section applies, and regulations

1985.]

Mining.

[No. 100.

made under this Act may make provi- sion in respect of the dating or effect to be given to the provisional lodge- ment for registration of an instrument and for the conduct and inspection of a register, and as to the fees payable in respect of procedures relating thereto. ";

(d)	by inserting after subsection (3) the new subsections following

(4)

Neither the Minister nor a person acting under his direction or authority is concerned with the effect in law of any instrument lodged pursuant to this section, nor does the acceptance of any such instrument for registration give to it any priority (other than in so far as registration may be taken to be constructive notice), force, effect or validity that it would not have had if this Division had not been enacted.

(5) Unless otherwise provided in this Act or the regulations, all instruments creating or assigning a legal or equit- able interest in a mining tenement, or otherwise affecting or dealing with such an interest are required to be lodged for registration in the prescribed manner accompanied by the prescribed fee, at the office of the mining registrar or at the Department at Perth, the registration of all such instruments to be effected at the Department at Perth by an officer authorized by the Minister, and the time and date of lodgement entered in the register shall be taken to be the time and date at which registration was effected.

(6) Where an instrument is lodged

for registration and the document is, in

the opinion of the authorized officer,

No. 100.]

Mining.

[1985.

erroneous or defective he may reject the lodgement but where he is of the opinion that the error or defect can be corrected

(a)	he shall cause the time and date of lodgement and parti- culars of the instrument to be entered in the register, but shall cause the word "provi- sional" to be entered next to the entry specifying the time and date; and
(b)	he shall, by notice in writing to the person who lodged the instrument, direct that person to ensure that the error or defect is corrected on or before a date specified in the notice,

and if the direction is complied with on or before the date specified the instrument shall be deemed to have been duly registered at the time and date of lodgement originally entered in the register and the word "provisional" shall be deleted, but if the direction is not complied with on or before that date all the particulars that were entered in relation to the instrument shall be deleted from the register.

(7) No instrument shall be effectual to pass any estate or interest legal or equitable, in or affecting a mining tenement, or in any way to charge or encumber a mining tenement, or otherwise affect or deal with any interest in a mining tenement unless registered in accordance with this section.

1985.]

Mining.

[No. 100.

(8) Where

(a)	any instrument is required to be registered under this Act; or
(b)	any dealing is subject to the consent of the Minister whether expressly pursuant to this Act or by the agreement of the parties,

nothing in this section prevents, or affects the validity of, any agreement made in contemplation of a dealing to which this section applies where the instrument evidencing the agreement expressly provides that registration under this Act shall be effected, or such consent obtained, as the case may be, as a condition of the coming into force of the provisions of that instrument affected by the requirement that registration be effected or consent be obtained.

(9) The register maintained under this section shall be received by all courts as evidence of all matters required or authorized by this Act to be entered in the register.

(10) The Supreme Court may on the application of a person aggrieved by

(a)	the omission of an entry from the register or the rejectment of an instrument lodged for registration;
(b)	an entry made in the register without sufficient cause;
(c)	the register; or

an entry wrongly existing in

No. 100.]

Mining.

[1985.

(d)	an error or defect in an entry in the register,

make such order as it thinks fit direct-

ing the rectification of the register.

(11) The Supreme Court may, in proceedings under this section, decide any question that it is necessary or expedient to decide in connection with the rectification of the register.

(12) Notice of an application under this section shall be given to the Minister, who may appear and be heard and shall appear if so directed by the Supreme Court.

(13) An office copy of an order made by the Supreme Court may be served on the Minister and the Minister shall, upon receipt of the order, rectify the register accordingly.

(14) The Minister or a person acting under the direction or authority of the Minister is not liable to an action suit or proceedings for or in respect of an act or matter in good faith done or omitted to be done in exercise or purported exercise of any power or authority conferred by this section.

(15) The provisions of this section do not apply to or in relation to an instrument made before the coming into operation of this section. ";

and

(e) subject to their re-enactment in accordance with section 92 of this Act, by repealing subsections (4) to (9) as they appeared immediately prior to the coming into operation of this section.

1985.]

Mining.

[No. 100.

Section 119A

89. immediately after section 119, the new section following-	The principal Act is amended by inserting,	inserted.
119A. Regulations made under section 162 of this Act may require that except as is	Mortgages of
mining
tenements.
otherwise specifically provided by the mortgage entered into by the parties, a mortgage shall be deemed to contain prescribed provisions. ".
Section 1198

90. The principal Act is amended

Inserted.

(a) by inserting immediately after section 119A the new subsection following-

CC'

119B. (1) In this section, a refer- rnettglotV ence to a country includes a reference g',afgreerd to the Commonwealth and to a State gaittr; rest or Territory of the Commonwealth. ";

(b)	by re-enacting subsections (4) to (8) of section 119 to stand as subsections (2) to (6) of section 119B amended, as to sub- sections (6) and (7) of section 119, by deleting "an interest" and substituting the following

" a relevant interest ";

(c)

by re-enacting subsection (9) of section 119 as subsection (7) of section 119B with amendments as follows

t i

(7) For the purposes of this section, "relevant interest" means an interest of the kind referred to by that term in section 8 of the Companies (Western Australia) Code, and that section shall have effect for the purposes of this Act as if a reference in that section to a person included a reference to a country. ".

No. 100.]

Mining.

[1985.

Section 121

amended.

91.

Section 121 of the principal Act is amended,

in subsection (1), by deleting "warden" and

substituting the following-

" mining registrar ".

Section 122

amended.

92.

Section 122 of the principal Act is amended, in subsection (2) and subsection (3), by deleting "a court of competent jurisdiction" and substitut- ing in each case the following-

" the warden ".

Section 123

amended.

93. Section 123 of the principal Act is amended

(a)	by repealing subsection (1) and substitut- ing the subsection following

Compensa-	CC 123. (1) On and after coming into
tion in
respect of

mining.

operation of the Mining Amendment Act 1985 in so far as the mineral is by virtue of section 9 the property of the Crown or the mining is authorized under this Act no compen- sation shall be payable in any case, and no claim lies for compensation, whether under this Act or otherwise

(a)	in consideration of permitting entry on to any land for mining purposes;
(b)	in respect of the value of any mineral which is or may be in, on or under the surface of any land;
(c)	by reference to any rent, royalty or other amount assessed in respect of the mining of the mineral; or

1985.]

Mining.

[No. 100.

(d)	in relation to any loss or damage for which compensa- tion can not be assessed according to common law principles in monetary terms. ";

(b) in subsection (2)—

(i)	by deleting "The" and substituting the following-

" Subject to this section and to sections 124 and 125 of this Act, the ";

(ii) by deleting "in respect of which a mining tenement has been granted" and substituting the following —

" where mining takes place ";

(iii) by deleting "as a result of the grant of the mining tenement or the exercise of the rights conferred thereby" and substituting the following

resulting or arising from the mining, whether or not lawfully carried out in accordance with this Act, and a person mining thereon is liable to pay compen- sation in accordance with this Act for any such loss or damage, or likely loss or damage, result- ing from any act or omission on his part or on the part of his agents, sub-contractors or em- ployees or otherwise occasioned with his authority ";

No. 100.]

Mining.

[1985.

(3) The amount of compensation payable to the owner of private land or to an occupier of Crown land or private land may be determined by agreement, but in default of agreement

(a)	if the owner or occupier, respectively, and the person liable for payment of the com- pensation so consent, may be determined by the warden, without requiring any formal proceedings to be taken, pursuant to a claim lodged with the mining registrar and made in the prescribed manner; and
(b)	in any other case, shall be determined by the warden's court in formal proceedings, upon the application of the owner, the occupier or the person liable for the payment of the compensation, ";

(d)	by repealing subsection (4) and re-enact- ing it with amendments as follows-

4 l	(4) Subject to subsection (1) and subsection (7) of this section and taking into account the matters referred to in section 124 and section 125, the amount payable under subsection (2) to which an owner or occupier may be found to be entitled may include compensation for

(a)	being deprived of the posses- sion or use, or any particular use, of the natural surface of the land or any part of the land;

1985.]

Mining.

[No. 100.

(b)	damage to the natural surface of the land or any part of the land;
(c)	severance of the land or any part of the land from other land of, or used by, that person;
(d)	any loss or restriction of a right of way or other easement or right;
(e)	the loss of, or damage to, improvements;
(f)	social disruption;
(g)	in the case of private land that is land under cultivation, any substantial loss of earnings, delay, loss of time, reasonable legal or other costs of negotia- tion, disruption to agricultural activities, disturbance of the balance of the agricultural holding, the failure on the part of a person concerned in the mining to observe the same laws or requirements in relation to that land as regards the spread of weeds, pests, disease, fire or erosion, or as to soil conservation practices, as are observed by the owner or occupier of that land; and
(h)	any reasonable expense prop- erly arising from the need to reduce or control the damage resulting or arising from the mining,

No. 100.]

Mining.

[1985.

and where the use for mining purposes of aircraft over or in the vicinity of any land (whether or not private land) occasions damage that damage shall be deemed to have been occasioned by an entry on the land thereby affected. ";

(e) in subsection (5)-

(i) by deleting "the land the subject of a mining tenement" and substitut- ing the following-

" land where mining takes

place ";

(ii) by deleting "exercise of any rights conferred thereby" and substituting the following-

" mining ";

(iii)

by deleting "the mining tenement"

and substituting the following-

" a mining tenement or "; and

(iv) by deleting "loss and damage" and substituting the following-

" loss or damage ";

(f) in subsection (6)—

by deleting "If while in occupation

(f)	of any land that is the subject of a

mining tenement, the holder of the mining tenement causes any damage" and substituting the following

IC Where mining operations are

carried out on or under any land the subject of a mining tenement and damage is thereby caused ";

1985.]

Mining.

[No. 100.

(ii) by deleting "is entitled" and substituting the following-

" are entitled "; and

(iii) by deleting "the damages sustained by each of them" and substituting the following-

" all loss or damage thereby sustained ";

(g) in subsection (7)—

(i) by inserting after "1933" the following

or which he holds by virtue of a lease or concession otherwise granted by or on behalf of the Crown for grazing purposes only "; and

(ii) by deleting "the mining tenement referred to in paragraph (b) of this subsection (in this subsection and in subsection (7a) of this section called "the holder")" and substituting the following-

" that mining tenement ";

(h) by deleting subsection (7a);

(j) in subsection (9), by deleting "or (7a)" ".

No. 100.]

Mining.

[1985.

Section 124

amended.

94. Section 124 of the principal Act is amended

(a) in subsection (1)-

(i) by deleting "the warden's court, in determining" and substituting the following-

" a warden, when considering matters relating to ";

(ii) by inserting before "damage", in both places where it appears, the following-

" loss or ";

(b) in subsection (2)-

(i) by deleting "an application" and substituting the following-

" a claim "; and

(ii) by deleting "the warden's court may order the holder of the mining tene- ment by or on whose behalf the rights conferred thereby as referred to in that section were exercised," and substituting the following-

" an order may be made requiring the person by or on whose behalf the mining was authorized ";

(i) by deleting "making an order under subsection (2) of this section the warden's court shall give considera- tion" and substituting the follow- ing

" an order is made under subsec-

tion (2) of this section consi-

deration shall be given "; and

1985.]

Mining.

[No. 100.

(ii) in paragraph (a), by deleting "application" and substituting the following-

" claim "; and

(d) by repealing subsection (4).

Section 125

95. Section 125 of the principal Act is amended amended.

by inserting after "1933" the following-

" or to the holder of a lease or concession other- wise granted by or on behalf of the Crown for grazing purposes only ".

Section 120

96. Section 126 of the principal Act is amended

amended.

by adding the subsection following

C I

(7) A security given under this section may, on application in writing by or on behalf of the person subscribing together with evidence satisfactory to the Minister showing cause why a discharge should be effected, be discharged, wholly or in part, by the Minister. ".

97. Section 127 of the principal Act is amended 11;gfereP.7

by adding the subsection following

(3) For every warden's court there shall be one or more bailiffs and, unless otherwise provided by the rules of Court made by the Governor, the provisions of section 16 of the Local Courts Act 1904 apply to and in relation to the appointment of any such bailiff and persons assisting him as if a reference to "the Minister" were a reference to the Minister administering this Act and a reference to "the magistrate" were a reference to the warden. ".

Section 131

98. Section 131 of the principal Act is amended

amended.

by inserting after "other warden" the following-

, not being a person appointed under

subsection (2) of section 13, ".

No. 100.]

Mining.

[1985.

Section 134

amended.

99. Section 134 of the principal Act is

amended

(a)	in subsection (1), in paragraph (e), by adding after "tenement" the following-

'' or as to the respective rights of the owner of the primary tenement and the special prospecting licence or mining lease for gold granted in relation to that tenement pursuant to section 56A or section 70 ";

(b)	in subsection (2), by adding after "direct" the following-

({ but an order for the payment of the costs of another person shall not be made against an applicant or a person making an objection unless the warden is satisfied that the application or objection so made was frivolous or vexatious "; and

(c)	in subsection (3), in paragraph (i), by adding after "mineral" the following-

" or that a report thereon be made to

the warden by any specified person ".

Section 135

amended.

100. Section 135 of the principal Act is amended by adding the subsection following

'' (4) A contested application for the grant of a mining tenement shall not be taken to be a dispute within the meaning of that term in subsection (1) of this section. ".

Section 137

amended.

101. Section 137 of the principal Act is amended, in subsection (5), by inserting after "warden's court" the following-

" , and in any contested proceeding the reasons for the order made or decision given, ".

1985.]

Mining.

[No. 100.

102. Section 142 of the principal Act is amended— rdnej.42

(a)	in subsection (1) and subsection (2), by deleting "in a warden's court" and substituting in each case the following-

" under this Act ";

(b)	in subsection (2), by deleting "the warden's court has" and substituting the following-

" a mining registrar and a warden respectively have ";

thinks fit";

(d) in subsection (4)-

(i) by deleting "the court shall allow";

(ii) by deleting "in the court"; and

(iii) by inserting after "thereto" the following-

" shall be allowed "; and

(e) in subsection (5), by deleting "as the court thinks just" and substituting the following-

" as the mining registrar, or the warden, as the case may be, determines ".

103. Section 143 of the principal Act is amended =Lodita43

by deleting "Under Secretary" and substituting the

following-

" Director-General of Mines ".

104. Section 146 of the principal Act is amended— sell=

(a)	in subsections (2) and (3), by inserting before "Registrar" wherever it occurs the following-

" Principal "; and

(b)	in subsection (6), by deleting "registrar" and substituting the following-

" Principal Registrar ".

No. 100.1

Mining.

[1985.

Section 148

amended.

105. Section 148 of the principal Act is amended

(a) by repealing subsection (4) and subsection (5) and re-enacting those subsections with amendments as follows

(4) Upon notice in the prescribed form being filed in the warden's court pursuant to subsection (2) of section 147 and served upon the warden, the warden shall cause a copy of the judgment, determination or decision appealed from together with the documents and things referred to in subsection (3) of this section required by the appellant for the purpose of the appeal to be transmitted to the Principal Registrar of the Supreme Court not later than 21 days after

(a)	in the case of original documents or things, the date of being so requested in writing by the appellant; but
(b)	in the case of a copy document required to be certified to be correct by the warden or mining registrar and not compiled at the time of such a request in writing by the appellant, the date on which the copy was so compiled and certified,

and shall cause the appellant to be notified of the date on which the request was complied with.

(5) The appellant shall, within 21 days after filing notice of appeal, apply to set down the appeal for hearing by filing in the Central Office of the Supreme Court at Perth

(a) a copy of the notice of appeal;

and

1985.]

Mining.

[No. 100.

(b)	a copy of any request made for the transmission of documents or things pursuant to this section.

(5a) Upon receipt by the Principal Registrar of the Supreme Court of a copy of the judgment, determination or decision appealed from, certified as, correct by the warden, and of the documents or things and copies so requested, certified as correct by the mining registrar or the warden, the appeal shall be set down for hearing. "; and

(b)	in subsection (6), by inserting before "Registrar" the following-

" Principal ".

106. Section 154 of the principal Act is amended =Becgodnecp4

by repealing subsection (4).

107. Section 155 of the principal Act is amended	Section 155
amended.

(a)	in subsection (1) and subsection (3), by deleting "operations" wherever it occurs; and
(b)	in subsection (4), by inserting before "mines" the following-

" takes, removes or ".

108. Section 156 of the principal Act is amended =,[1,g6

by deleting paragraph (b) and substituting the

paragraph following-

" (b) assaults, obstructs, resists or insults-

(i) any warden or acting warden, or

any officer of the Department; or

No. 100.]

Mining.

[1985.

(ii) any other person duly authorized under this Act to perform any act or duty, in the course of performance of that act or duty,

or who when required to do so by him fails to give to any such warden, officer or person information as to his name, address, or authorization for being on any land or who gives false or misleading information; ".

Section 162

amended.

109. Section 162 of the principal Act is amended—

(a) in subsection (2)—

(i) by inserting immediately after paragraph (c) a new paragraph as follows

C' (ca) prescribe the manner in

which fossicking may be carried out, or prohibit the carrying out of fossicking in prescribed areas or by prescribed means; ";

(ii) in paragraph (e), by adding after "tenement", in the second place where it occurs, the following

C' , and make provision for the

exercise of a discretion by the Minister as to the basis upon which a rent shall be calculated ";

(iii) in paragraph (j) and in paragraph (m), by deleting "Under Secretary" and substituting in each case the following-

" Director-General of Mines ";

1985.]

Mining.

[No. 100.

(iv) by inserting immediately after paragraph (k) a new paragraph as follows-

(ka) providing for any matter relating to the surveying of mining tenements, includ- ing

(i) requiring that sur- veying to be carried out by a surveyor (in this paragraph refer- red to as "the approved surveyor") approved by the Minister or an officer of the Department in accordance with any specified written law, any instructions given by an officer of the Department, a warden or the Min- ister or any direction published by the Department, or any 2 or all 3 of the fore- going;

(ii) the course to be adopted by the approved surveyor if he finds that a mining tenement or application therefor is not marked out in the prescribed shape referred to in section 105;

(iii) the hearing by the warden's court of disputes arising during the course

No. 100.]

Mining.

[1985.

of that surveying concerning the posi- tions of pegs or otherwise, or of objections to the survey of a mining tenement or of land the subject of an application for a mining tenement, and the determina- tion by the Minister of those disputes or objections;

(iv) requiring a person at whose request a survey of an isolated mining tenement has been expedited to pay for or contri- bute to the cost of any travelling undertaken to meet that request;

(v) the correction of errors or omissions in that surveying and the completion of surveying that is uncompleted, t h e person by whom that correction or completion is to be carried out and the person from whom the cost of that correction or com- pletion may be recovered;

(vi) the person from whom the cost of independent check surveys requested

1985.]

Mining.

[No. 100.

by officers of the Department after the completion of that surveying showing errors or omissions in that surveying, and the cost of correcting those errors or omissions, may be recovered;

(vii) the fees and charges payable to the approved surveyor and the lodging of the account with the Department by the surveyor;

(viii) the supply to an officer of the Department by the approved surveyor of evidence of the holding of current policies of insur- ance or exemptions under the Workers' Compensation and Assistance Act 1981 in respect of employees;

(ix) the taking out by the approved surveyor of policies of profes- sional indemnity and public liability insurance;

(x) the preparation of plans of mining ten- ements surveyed: ";

and

No. 100.]

Mining.

[1985.

(v) in paragraph (1), by deleting "the surveying of mining tenements,";

and

(b) by repealing subsection (4).

Second

Schedule

110. The Second Schedule to the principal Act

amended.

is amended

(a) in clause 2-

(i) by deleting "section 42 or 48" in the first place where it appears and substituting the following-

" section 42, 48 or 61 or pursuant to section 153 "; and

(ii) by deleting "section 42 or 48 of" in paragraph (a);

(b)	by inserting immediately after clause 2 the new clause following-

Private land

and	2A. A consent given under the
consents to

mining.

repealed Act to a"tenement granted on private land shall be taken to be applicable to the mining tenement in respect of that land which, by the operation of this Schedule, the tenement under the repealed Act becomes. ";

`` and shall then expire ";

(d) in clause 8, in paragraph (c) of subclause (3), by inserting after "issued" the following-

" and the grant expires at the end of the

period of 2 years from that date subject

to subclause (4) of this clause "; and

1985.

Mining.

[No. 100.

(e)	in clause 15, by deleting "have the same force and effect as though they were enacted in this Act." and substituting the following

I( have, and shall be deemed always to

have had, the same force and effect as if

they had been enacted by way of an amendment to this Schedule and on publication of the Order in Council in

the Government Gazette, this Schedule

shall be amended accordingly. "