Mining Amendment Act 1986 (WA)
WESTERN AUSTRALIA
MINING AMENDMENT ACT
No. 105 of 1986
AN ACT to amend the Mining Amendment Act 1985 and the
Mining Act 1978.
[Assented to 12 December 1986.]
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:—
PART I—PRELIMINARY
Short title
1. This Act may be cited as the Mining Amendment Act 1986.
| No. 105] | Mining Amendment Act | [1986 |
| Commencement |
2. The several provisions of this Act shall come into operation on
such day as is, or such days as are respectively, fixed by proclamation.
PART II—MINING AMENDMENT ACT 1985
Principal Act
3. In this Part, the Mining Amendment Act 1985* is referred to as
the principal Act.
[Met No. 100 of 1985].
Section 34 amended
4. Section 34 of the principal Act is amended, in paragraph (b), by
deleting "occasions" and substituting the following
occasions, ".
Section 88 amended
5. Section 88 of the principal Act is amended, in paragraph (e), by
deleting "section 92" and substituting the following-
" section 90 ".
PART III—MINING ACT 1978
Principal Act
6. In this Part, the Mining Act 1978* is referred to as the principal
Act.
[*Reprinted as approved for reprint 11 December 1981 and amended by Acts Nos. 10 and 122 of 1982, 52 of 1983, and 100 of 1985 and orders published in the Gazette on 18 December 1981 p. 5274; 16 July
| 1982 p. 2829.] |
| 1986] | Mining Amendment Act | [No. 105 |
| Section 8 amended |
7.Section 8 of the principal Act is amended (a) in the definition of the term "Crown land", by-
(i) deleting "or" at the end of subparagraph (i) of paragraph (c); and
| (ii) adding after subparagraph (ii) of paragraph (c) the | following - |
Or
(iii) a lease of Crown land for the use and benefit of the Aboriginal inhabitants; ";
| (b) | in the definition of the term "Director-General of Mines", by deleting the hyphen; and |
| (c) | in the definition of the term "mining", by deleting "marking out in connection with an application for a mining tenement,". |
Section 24 amended
8. Section 24 of the principal Act is amended— (a) in subsection (1)-
(i) by deleting paragraph (b) and substituting the following
" (b) any land comprised within-
(i) a national park, being land to which section 6 (3) of the Conservation and Land Management Act 1984 applies;
(ii) a nature reserve, being land to which section 6 (4) of the Conservation and Land Management Act 1984 applies and which is reserved pursuant to Part III of the Land Act 1933 and classified as of Class "A" pursuant to that Part or so classified pursuant to any other Act;
| or |
| No. 105] | Mining Amendment Act | [1986 |
(iii) a nature reserve, not being land to which section 6 (4) of the Conservation and
Land Management Act 1984 applies but
which is reserved pursuant to Part III of the Land Act 1933 for the conservation of flora or fauna, or both flora and fauna, and classified as of Class "A" pursuant to that Part or so classified pursuant to any other Act; ";
(ii) in paragraph (d) by deleting "Forests Act 1918" and substituting the following-
" Conservation and Land Management Act 1984 ";
and
(iii) in paragraph (e), by adding after "1947" the following
or any other relevant Act within the meaning of that term as defined by section 5 of the Water Authority
Act 1984, or of that Act ";
and
| (b) | in subsection (6) (b), by deleting "Minister for Forests" and substituting the following- |
" responsible Minister ".
Section 29 amended
9. Section 29 of the principal Act is amended by repealing subsection
(3).
Section 67 amended
10. Section 67 (2) of the principal Act is amended by deleting
"expiration" and substituting the following-
| " exploration ". |
| 1986] | Mining Amendment Act | [No. 105 |
| Section 88 amended |
1 1 . Section 88 (1) (a) (ii) of the principal Act is amended, by deleting
| following - | "on which the general purpose lease was granted" and substituting the |
"
deemed pursuant to section 79 to be the date on which the term of the general purpose lease commenced or, if any other date of commencement is specified in the general purpose lease, the specified date ".
Section 95 amended
12. Section 95 (2) (a) of the principal Act is amended by deleting
"such".
Section 96 amended
13. Section 96 of the principal Act is amended by inserting a new
subsection (2A) as follows-
"
(2A) An application for forfeiture under subsection (1) (b) and made in respect of the expenditure conditions applicable to the mining tenement shall be made during the expenditure year in relation to which the requirement is not complied with or within 8 months thereafter, and not otherwise. ".
Section 102 amended
14. Section 102 of the principal Act is amended by deleting
subsection (5) and substituting the following
(5) An application for a certificate of exemption
(a) where an objection to the application is lodged, shall be
heard by the warden in open court;
but
| (b) | otherwise, shall be determined by the warden in such |
|
| No. 105] | Mining Amendment Act | [1986 |
New Division added to Part IV
15. The principal Act is amended by inserting after section 103 a
divisional title and new section as follows
Division 8—Registration of documents affecting tenements.
Time of lodgement to be taken as time of registration.
103A. (1) Where an instrument creating, assigning or surrendering a legal or equitable interest in a mining tenement is required to be registered under this Act it shall be lodged for registration in such manner as may be prescribed in relation to an instrument of that kind, and, subject to section 122 (3), the time and date of lodgement shall, unless subsection (3) applies or the regulations otherwise provide, be entered in the register as the time and date at which registration was effected.
(2) On and after the coming into operation of this section, no
| (a) | mining tenement granted; or |
| (b) | application for a mining tenement made or marked off, but not determined, |
shall be taken to be, or to have been, invalid by reason only that the land in question was not open for mining where, had subsection (1) been enacted at that time, a surrender lodged in respect of that land would be deemed to have been registered and the land would have been open for mining.
(3) Where an instrument is lodged for registration and the document is, in the opinion of an authorized officer, erroneous or defective he may reject the lodgement but where he is of the opinion that the error or defect can be corrected he shall accept the instrument for provisional lodgement.
(4) Neither the Minister nor a person acting under his direction or authority is concerned with the effect any instrument lodged pursuant to this Act may have at law other than for the purposes of this Act, 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 section had not been enacted.
(5) Regulations under this Act may make provision in respect of
the dating or effect to be given to the provisional lodgement for
| registration of an instrument. ". |
| 1986] | Mining Amendment Act | [No. 105 |
| Section 105 amended |
16. Section 105 of the principal Act is amended by deleting the full
stop and substituting the following-
, and for the purpose of any claim for compensation for loss or damage suffered or likely to be suffered resulting or arising therefrom under section 123, or for an order under section 124 (2), the activities involved in the marking out shall be taken to be activities relating to prospecting and, as such, to constitute mining. ".
Section 123 amended
17. Section 123 of the principal Act is amended by inserting after
subsection (2) the subsection following
(2A) A reference in subsection (2) to "mining" shall be construed as including a reference to marking out in connection with an application for a mining tenement. ".
Section 123 further amended
18. Section 123 of the principal Act is amended in subsection (7)—
| (a) | by deleting "the lessee of any land" and substituting the following- |
" a person who holds any land ";
| (b) | by adding after "only", at the end of paragraph (a), the following |
" or which is Crown land leased for the use and benefit of the
Aboriginal inhabitants ";
and
| (c) | by deleting "pastoral", wherever it appears other than in |
|
| No. 105] | Mining Amendment Act | [1986 |
| Section 125 amended |
19. Section 125 of the principal Act is amended by deleting "the
lessee of land leased for pastoral purposes under the Land Act 1933 or to
the holder of a lease or concession otherwise granted by or on behalf of
the Crown for grazing purposes only" and substituting the following-
" a person who is "the lessee" of any land for the purposes of section
123 (7) ".
Section 133 repealed and substituted
20. Section 133 of the principal Act is repealed and the following
section is substituted-
Stipendiary magistrate to constitute court of petty sessions
"
133. Proceedings for any offence against this Act that is a simple
offence shall be determined by a court of petty sessions constituted
by a stipendiary magistrate sittting alone. ".
Section 136 amended
21. Section 136 of the principal Act is amended in subsection (2) by
deleting "of the Justices Act 1902, and".
Section 143 amended
22. Section 143 of the principal Act is amended by deleting the
hyphen in the expression "Director-General".
Section 155 amended
23. Section 155 of the principal Act is amended by inserting after
subsection (4) the following subsections
(5) Where a person is convicted of an offence against subsection (1) the court may, in addition to imposing the penalty under this Act in relation to the offence, order the offender to rehabilitate the land to the satisfaction of the Minister within the time specified in
| the order. |
| 1986] | Mining Amendment Act | [No. 105 |
(6) A person who fails to carry out an order made under subsection (5) commits an offence and is liable to a penalty of 1 months' imprisonment and in addition the court may require the offender to pay the costs of rehabilitating the land to the satisfaction of the Minister.
(7)
Any sum specified in an order under subsection (6)
constitutes a debt due to the Crown and may be recovered in any
court of competent jurisdiction. ".
Section 158 repealed and a section substituted
24. Section 158 of the principal Act is repealed and the following
section is substituted
Power to require information as to right to mine
158. (1) Where there is reason to suspect that a person is mining on land without authority under this Act a member of the police force or a person authorized in that behalf by the Director General of Mines may
| (a) | require the person to produce any document or other evidence relating to the entitlement of that person to mine on that land; and |
| (b) | require the person to give an explanation concerning the mining on that land. |
(2) A person who-
| (a) | upon request made under subsection (1) refuses or fails to comply with the request; |
(b) obstructs or hinders the person making the request; or
| (c) | knowingly misleads or deceives the person making the request, |
commits an offence.
Penalty: $1 000.
(3) Where a person who is authorzied to make a request under subsection (1) is not satisfied with any evidence or explanation given to him in pursuance of a request made under that subsection he may orally or by notice in writing direct the person to whom the request is made to cease mining on the land referred to in the
| direction. |
| No. 105] | Mining Amendment Act | [1986 |
(4) A person who refuses Or neglects to comply with a request under subsection (3) commits an offence.
Penalty: $1 000.
Where the person to whom a request is made under subsection (3) refuses or neglects to comply with the direction given under that subsection, the person giving the direction may use such force as is necessary to remove the person from the land and stop and remove any machinery being used for the purpose of mining on the land using such assistance as is necessary for that purpose.
(5)
(6) A person who commits an offence under subsection (2) or (4) may be arrested without a warrant. ".
Section 160A inserted
25. After section 160 of the principal Act the following section is
inserted
Immunity of Minister and officials
160A. No liability shall attach to the Minister, a warden or any official of the department, a member of the police force or authorized person under this Act or any person acting with the authority or on the direction of the Minister, a warden or the Director General of Mines in good faith and in the exercise or purported exercise of a power or in the discharge or purported discharge of a duty under this Act. ".
Section 162 amended
26. Section 162 of the principal Act is amended in subsection (2)—
| (a) | in paragraph (j) and paragraph (m), by deleting the hyphen in the expression "Director-General"; and |
| (b) | in paragraph (ka), by deleting "providing" and substituting the following- |
|
| 1986] | Mining Amendment Act | [No. 105 |
Clause 8 of Second Schedule amended
27. Subclause (3) of clause 8 of the Second Schedule to the principal
Act is amended
(a) by deleting paragraph (b) and substituting the paragraph
following-
" (b) the holder of the mining tenement under the repealed Act so deemed to have been granted is entitled, before that mining tenement expires or within a period of 2 years from the date referred to in paragraph (c) of this subclause whichever is the sooner, to apply for, and subject to this Act to be granted, a mining tenement under this Act of the kind and in respect of the area for which he would have been entitled to apply under this Schedule had the mining tenement under the repealed Act so deemed to have been granted in fact been granted prior to the commencing date and been in force or existence immediately before the commencing date; but ";
(b) in paragraph (c)—
(i) by deleting "or that grant shall be deemed to" and substituting the following-
| ||
| and |
(ii) by deleting "clause." and substituting the following-
" clause; and "; and
(c) by adding the paragraph following-
| " | (d) | regulation 55 (15) of the regulations made under the repealed Act applies, with such modification as is necessary, to an application by the holder of a prospecting area granted under regulation 55 (14) of those regulations and made under paragraph (b) of this subclause for a mining lease in respect of the land subject to that prospecting area as if that application were an application referred to in that |
|
Clause 9 of Second Schedule amended
28. Subclause (3) of clause 9 of the Second Schedule to the principal
Act is amended by deleting ", as amended,".
0
0
0