Mining Amendment Act 2004 (WA)

Western Australia

Mining Amendment Act 2004

Western Australia

Mining Amendment Act 2004

CONTENTS

Part 1 — Preliminary

1.	Short title	2
2.	Commencement	2
3.	The Act amended	2
Part 2 — Amendments about

prospecting licences

4.	Section 43 amended	3
5.	Section 45 amended and savings provision	3
6.	Section 46 amended and transitional provision	4
7.	Section 56B inserted	5

56B.

Certain licence holders to have right to

apply for further prospecting licence

Part 3 — Amendments about special

prospecting licences

8.	Section 56A amended	7
9.	Section 70 amended	9
10.	Section 85B amended	10
11.	Transitional provision	11
Part 4 — Amendments about

exploration licences

12.	Section 57 amended	12
13.	Section 57A inserted	12

57A.

Designation of areas for purposes of s.

57(2aa)

Mining Amendment Act 2004

Contents

14.	Section 61 amended	13
15.	Section 63 amended and transitional provision	14
16.	Section 65 amended	15
17.	Section 68 amended	17
18.	Section 69 amended	18
19.	Transitional and savings provisions	18
Part 5 — Amendments about

retention status

20.	Section 8 amended	20
21.	Section 50 amended	20
22.	Sections 53 to 55B inserted	21

53.	Application for retention status	21
54.	Approval of retention status	22
55.	Consultation with other Ministers	23
55A.	Programme of work	24
55B.	Holder of prospecting licence with
retention status may be required to apply
for mining lease	25

23.	Section 62 amended	25
24.	Sections 69A to 69E inserted	26

69A.	Application for retention status	26
69B.	Approval of retention status	27
69C.	Consultation with other Ministers	28
69D.	Programme of work	29
69E.	Holder of exploration licence with retention status may be required to apply for mining lease	29

25.

Section 70A replaced

70A.

Meaning of “primary tenement”

Part 6 — Amendments about mining

leases

26.	Section 6 amended	32
27.	Sections 70O and 70P inserted	33

70O.	Definitions	33
70P.	Guidelines to be publicly available	33

28.

Section 73 replaced

73. Area of mining lease may be less than

area sought

29.	Section 74 amended	34
30.	Section 74A inserted	36

74A.

Report on significant mineralisation

required for certain applications

Mining Amendment Act 2004

Contents

31.	Section 75 amended	37
32.	Section 82 amended and transitional provision	39
33.	Section 82A inserted	40

82A.

Condition to be included in certain mining

leases

34.	Section 85 amended	41
35.	Transitional provision	41
Part 7 — Amendments about

securities

36.

Section 70F replaced and transitional provision

70F.

Security relating to retention licence

37.	Section 70K amended	43
38.	Section 82 amended	43
39.	Section 84A replaced and transitional provision	43

84A.

Security relating to mining lease

40.	Section 92 amended	44
41.	Section 126 amended	44
Part 8 — Amendments about

geological samples

42.	Section 8 amended	46
43.	Section 51A inserted	46

51A.

Geological samples

44.	Section 70H amended	46
45.	Section 82 amended	47
46.	Section 96 amended	47
Part 9 — Amendments about

wardens and wardens’ courts

47.	Section 8 amended	48
48.	Section 13 amended	48
49.	Section 14 repealed	48
50.	Section 20 amended	48
51.	Section 28 amended	48
52.	Section 29 amended	48
53.	Section 30 amended	49
54.	Section 32 amended	51
55.	Section 33 amended	51
56.	Section 42 amended	51
57.	Section 47 amended	52

Mining Amendment Act 2004

Contents

58.	Section 58 amended	52
59.	Section 59 amended	53
60.	Section 67A amended	53
61.	Section 70D amended	53
62.	Section 70G amended	53
63.	Section 75 amended	54
64.	Section 97A amended	54
65.	Section 98 amended	54
66.	Section 102 amended	54
67.	Section 105A amended	54
68.	Section 130 amended	55
69.	Section 131 amended	55
70.	Section 132 amended	55
71.	Section 134 amended	56
72.	Section 135 amended	56
73.	Section 137 amended	57
74.	Section 138 amended	58
75.	Section 142 amended	58
76.	Sections 144 and 145 repealed	59
77.	Section 146 amended	59
78.	Section 147 amended	59
79.	Section 148 amended	60
80.	Section 151 amended	60
81.	Section 156 amended	60
82.	Sections 160C and 160D inserted	60

160C.

No right of appeal from certain decisions

of warden, mining registrar or Minister

160D.

Persons before whom affidavit may be

sworn

83.	Section 161 amended	61
84.	Section 162 amended	62
85.	Various references to “warden” changed to
“warden’s court”	63
86.	Transitional provision	63
Part 10 — Other amendments to the

Mining Act 1978

87.	Section 8 amended	65
88.	Section 20 amended	65
89.	Section 63A amended	65
90.	Section 70H amended and transitional provision	66

Mining Amendment Act 2004

Contents

91.

Section 90 replaced

90. Application of certain provisions to general

purpose leases

92.	Section 95 amended	68
93.	Section 96 amended	68
94.	Section 102 amended	68
95.	Section 105A amended	69
96.	Sections 114B and 114C inserted	70

114B.

Continuation of liability after expiry,

surrender or forfeiture of mining tenement

114C.

Right to enter land to carry out remedial

work after expiry, surrender or forfeiture of

mining tenement

97. Section 115B inserted and consequential

amendments

115B.

Verification of expenditure amounts in

operations reports

98. Section 118A inserted and validation and

transitional provisions

118A.

Tenement holder may authorise mining by

third party

99.

Section 120AA inserted

120AA.

Scheme for reversion licence applications

100.	Section 162 amended	76
101.	Section 163 inserted	77

163.

Review of Act

Part 11 — Mining Amendment

Act 1996 amended

102.	The Act amended	78
103.	Section 15 amended	78

103E.

Priority of dealings

104.	Section 18 amended	78
Part 12 — Transitional regulations
105.	Further transitional provisions may be made	80

Western Australia

Mining Amendment Act 2004

No. 39 of 2004

An Act to amend the Mining Act 1978 and the Mining Amendment

Act 1996 and for related purposes.

[Assented to 3 November 2004]

The Parliament of Western Australia enacts as follows:

Mining Amendment Act 2004

Part 1	Preliminary
s. 1

Part 1 — Preliminary

1. Short title

This Act may be cited as the Mining Amendment Act 2004.

2. Commencement

(1)

This Act comes into operation on a day fixed by proclamation.

(2)

Different days may be fixed under subsection (1) for different

provisions.

3. The Act amended

The amendments in this Act, other than Part 11, are to the

Mining Act 1978*.

[* Reprinted as at 7 September 2001.

For subsequent amendments see Western Australian

Legislation Information Tables for 2003, Table 1, p. 253.]

Mining Amendment Act 2004

Amendments about prospecting licences

Part 2

s. 4

Part 2 — Amendments about prospecting licences

4. Section 43 amended

Section 43(2) is amended by inserting after “section 56A” —

“

or a prospecting licence granted in respect of an

application under section 56B

”.

5. Section 45 amended and savings provision

(1)	After section 45(1) the following subsections are inserted —

“

(1a)	Notwithstanding subsection (1) the Minister may, if satisfied that a prescribed ground for extension exists, extend the term of a prospecting licence —

(a)	by one period of 4 years; and
(b)	if the licence has retention status, by a further period or periods of 4 years.

(1b)

An application for the extension of the term of a

prospecting licence under subsection (1a) (an

“extension application”) shall be made within the

prescribed time and in the prescribed manner.

(1c)

If an extension application is made in respect of a

prospecting licence and the term of the licence would

but for this subsection expire, the licence continues in

force in respect of the land the subject of the extension

application until the application is determined.

(1d) If —

(a)	an extension application is made in respect of a prospecting licence the term of which has been extended under subsection (1a)(a); and

Mining Amendment Act 2004

Part 2

Amendments about prospecting licences

s. 6

(b)	an application for retention status in respect of the prospecting licence —

(i) is pending when the extension application is made; or

(ii) is made at the same time as the extension application,

the extension application shall not be

determined until the application for retention

status has been determined.

(1e)	If the holder of a prospecting licence transfers the licence after making an extension application in respect of the licence, the extension application continues in the name of the transferee of the licence as if the transferee had made it.

”.

(2)	Despite the amendment made by subsection (1), section 45 of the Mining Act 1978 as in force immediately before the commencement of this section continues to apply to and in relation to —

(a)	any prospecting licence in force under that Act immediately before the commencement; and
(b)	any prospecting licence granted under that Act after the commencement in respect of an application made before the commencement.

6. Section 46 amended and transitional provision

(1)	Section 46 is amended as follows:

(a)	after paragraph (a) by inserting the following paragraph —

“

(aa)	that no ground disturbing equipment will be used by the holder when prospecting on the

Mining Amendment Act 2004

Amendments about prospecting licences

Part 2

s. 7

land the subject of the prospecting licence

unless —

(i) the holder has lodged in the prescribed manner a programme of work in respect of that use; and

(ii) the programme of work has been approved in writing by the Minister or a prescribed official;

”;

(b)	in paragraph (b) —

(i)

by deleting “the State Mining Engineer” in the instead —

“ a prescribed official ”;

(ii) by deleting “the State Mining Engineer” in the second place where it occurs and inserting instead —

“ the prescribed official ”.

(2)	Section 46(aa) of the Mining Act 1978 as inserted by subsection (1) does not apply to a prospecting licence granted under that Act before the day on which this section comes into operation.

7. Section 56B inserted

After section 56A the following section is inserted in Part IV

Division 1 —

“

56B.

Certain licence holders to have right to apply for

further prospecting licence

(1)	In this section —
“relevant licence” means a prospecting licence the

term of which expires within 12 months after the

Mining Amendment Act 2004

Part 2	Amendments about prospecting licences
s. 7

day on which section 7 of the Mining Amendment

Act 2004 comes into operation.

(2)	Despite sections 18, 23 and 27 but subject to the other provisions of this Act, the holder of a relevant licence has, while the licence continues in force, the right to
apply for a prospecting licence in respect of the whole or any part of the land the subject of the relevant licence.
(3)	Where the holder of a relevant licence exercises the right conferred by subsection (2) and the term of the relevant licence would but for this subsection expire, the relevant licence shall continue in force in respect of
the land the subject of the application for a prospecting licence until the application is determined.
(4)	If the holder of a relevant licence transfers the licence after making an application for a prospecting licence in the exercise of the right conferred by subsection (2), the application continues in the name of the transferee of the licence as if the transferee had made it.

”.

Mining Amendment Act 2004

Amendments about special prospecting licences

Part 3

s. 8

Part 3 — Amendments about special

prospecting licences

8. Section 56A amended

(1)	Section 56A(2) is amended as follows:

(a)	by deleting “Within 14 days after lodging an application for a special prospecting licence under subsection (1) the applicant shall” and inserting instead —
“

Unless subsection (5a) applies, an applicant for a

special prospecting licence shall, within the prescribed

period,

”;

(b)	by inserting after “relates” —

“

, and subsections (3) to (5) apply in respect of that

application

”.

(2)	After section 56A(5) the following subsections are inserted —

“

(5a)	If at the time when an applicant for a special prospecting licence marked out the land to which his application relates —

(a)	a special prospecting licence was in force in respect of land the subject of the primary tenement; or
(b)	another application for a special prospecting licence in respect of land the subject of the primary tenement had been made, but had not been determined, under this section,

the applicant shall, within the prescribed period, lodge at the office of the mining registrar the written consent

Mining Amendment Act 2004

Part 3

Amendments about special prospecting licences

s. 8

of the holder of the primary tenement to the grant of his

application.

(5b)	If written consent to the grant of an application is lodged in accordance with subsection (5a), the mining registrar may, subject to this Act, grant the application as provided for in subsection (6).

”.

(3)	Section 56A(6) is amended by deleting “, the warden”.
(4)	Section 56A(7)(c) is amended by deleting “3” and inserting instead —
“ 10 ”.
(5)	Section 56A(7b) is amended as follows:

(a)	by deleting “special prospecting licence, or”;
(b)	by deleting “licence, shall” and inserting instead —

“ licence shall ”.

(6)	Section 56A(8) is amended as follows:

(a)	by deleting “if — ” and inserting instead —

“ subject to subsection (7b), ”;

(b)	by deleting paragraphs (a) and (b) and “or” after paragraph (a).

(7)	After section 56A(8) the following subsection is inserted —

“

(8aa)

Sections 74, 74A and 75 apply to an application for a

mining lease under subsection (8).

”.

Mining Amendment Act 2004

Amendments about special prospecting licences

Part 3

s. 9

9. Section 70 amended

(1)	Section 70(2) is amended as follows:

(a)	by deleting “Within 14 days after lodging an application for a special prospecting licence under subsection (1) the applicant shall” and inserting instead —

“

Unless subsection (5a) applies, an applicant for a

special prospecting licence shall, within the prescribed

period,

”;

(b)	by inserting after “relates” —

“

, and subsections (3) to (5) apply in respect of the

application

”.

(2)	After section 70(5) the following subsections are inserted —

“

(5a)

If, at the time when an applicant for a special

prospecting licence marked out the land to which his

application relates, the grant of the application would

have resulted in the number of special prospecting

licences in respect of the primary tenement exceeding

one for each 200 hectares of the primary tenement, the

applicant shall, within the prescribed period, lodge at

the office of the mining registrar the written consent of

the holder of the primary tenement to the grant of the

application.

(5b)

If written consent to the grant of an application is

lodged in accordance with subsection (5a), the mining

registrar may, subject to this Act, grant the application

as provided for in subsection (6).

”.

Mining Amendment Act 2004

Part 3	Amendments about special prospecting licences
s. 10

(3)	Section 70(6) is amended by deleting “, the warden”.
(4)	Section 70(7)(c) is amended by deleting “3” and inserting instead —
“ 10 ”.
(5)	Section 70(7b) is amended as follows:

(a)	by deleting “special prospecting licence, or a”;
(b)	by deleting “licence, shall” and inserting instead —

“ licence shall ”;

(c)	by deleting “licences or”.

(6)	Section 70(8) is amended as follows:

(a)	by deleting “if — ”;
(b)	by deleting paragraphs (a) and (b) and “or” after paragraph (a);
(c)	by inserting after “Minister may” —

“ , subject to subsection (7b), ”.

(7)	After section 70(8) the following subsection is inserted —

“

(8aa) “ 10 ”.

Sections 74, 74A and 75 apply to an application for a

mining lease under subsection (8).

”.

10. Section 85B amended

(1)

Section 85B(5)(c) is amended by deleting “3” and inserting

instead —

(2)

Section 85B(7) is amended as follows:

(a)	by deleting “, if — ”;
(b)	by deleting paragraphs (a) and (b) and “or” after paragraph (a).

Mining Amendment Act 2004

Amendments about special prospecting licences	Part 3
s. 11

(3)	After section 85B(7) the following subsection is inserted —

“

(7a)	Sections 74, 74A and 75 apply to an application for a mining lease under subsection (7).

”.

11. Transitional provision

(1)	In this section —
“commencement” means the commencement of this Part;
“old provisions” means sections 56A, 70 and 85B of the Mining Act 1978 as in force immediately before the commencement.
(2)	Despite the amendments made by this Part, the old provisions continue to apply to and in relation to an application for a special prospecting licence or a mining lease for gold under the Mining Act 1978 that is pending immediately before the commencement.

Mining Amendment Act 2004

Part 4	Amendments about exploration licences
s. 12

Part 4 — Amendments about exploration licences

12. Section 57 amended

(1)	Section 57(2) is amended by inserting after “70 blocks” —
“ unless subsection (2aa) applies ”.
(2)	After section 57(2) the following subsection is inserted —

“

(2aa) After section 57 the following section is inserted —

If the area of land referred to in subsection (2) is in an

area of the State designated under section 57A(1) it

shall not be more than 200 blocks.

”.

13. Section 57A inserted

“

57A.

Designation of areas for purposes of s. 57(2aa)

(1)	The Minister may, by notice published in the Gazette, designate one or more areas of the State for the purposes of section 57(2aa).
(2)	The Minister may, by notice published in the Gazette, vary or cancel a designation under subsection (1).
(3)	A notice under this section comes into operation on the day on which the notice is published in the Gazette or such later day as is specified in the notice.
(4)	The variation or cancellation of a designation under subsection (2) does not affect the operation of any exploration licence granted before the variation or cancellation takes effect.

(5) If —

Mining Amendment Act 2004

Amendments about exploration licences	Part 4
s. 14

(a)

made in respect of an area of land that is in an

an application for an exploration licence is subsection (1) (a “designated area”); and

(b)

before the application is determined the designation is varied or cancelled under subsection (2) with the result that the area of

land to which the application relates ceases to

be in a designated area,

then, despite that variation or cancellation,

section 57(2aa) applies as if the area of land were in a

designated area.

”.

14. Section 61 amended

(1)	Section 61(2) is amended as follows:

(a)	after “Minister may” by inserting —

“

, if satisfied that a prescribed ground for extension

exists,

”;

(b)	by deleting paragraphs (a) and (b), and “and” after paragraph (a), and inserting instead —

“

(a)	by one period of 5 years; and
(b)	by a further period or periods of 2 years,

”.

(2)	Section 61(3) is repealed and the following subsections are inserted instead —

“

(3)	An application for the extension of the term of an exploration licence under subsection (2) shall be made

Mining Amendment Act 2004

Part 4

Amendments about exploration licences

s. 15

within the prescribed time and in the prescribed

manner.

(3a)	If an application for the extension of the term of an exploration licence is made under this section and the term of the licence would but for this subsection expire, the licence shall continue in force in respect of the land the subject of the application until the application is determined.

”.

15. Section 63 amended and transitional provision

(1)	Section 63 is amended as follows:

(a)	after paragraph (a) by inserting the following paragraph —

“

(aa)	will not use ground disturbing equipment when exploring for minerals on the land the subject of the exploration licence unless —

(i) the holder has lodged in the prescribed manner a programme of work in respect of that use; and

(ii) the programme of work has been approved in writing by the Minister or a prescribed official;

”;

(b)	in paragraph (b) —

(i)

by deleting “the State Mining Engineer” in the instead —

“ a prescribed official ”;

(ii) by deleting “the State Mining Engineer” in the second place where it occurs and inserting instead —

Mining Amendment Act 2004

Amendments about exploration licences	Part 4
s. 16

“ the prescribed official ”.

(2)	Section 63(aa) of the Mining Act 1978 as inserted by subsection (1) does not apply to an exploration licence granted under that Act before the day on which this section comes into operation.

16. Section 65 amended

(1)	Section 65(1) to (3a) are repealed and the following subsections are inserted instead —

“

(1)	In this section —
“end day” means the day on which the 5 year period

referred to in section 61(1) ends;

“surrender day”, in relation to a surrender, means —

(a)	if the surrender is lodged under subsection (3), the end day;
(b)	if the surrender is lodged under subsection (3c), the day that is 12 months after the end day; or
(c)	if the surrender is lodged in compliance with a requirement under subsection (4), the day on which the surrender is registered.

(2)	This section applies in relation to an exploration licence if —

(a)	the term of the licence has been extended under section 61; or
(b)	an application under section 61 for the extension of the term of the licence has been made but has not been determined.

(3)	Subject to subsection (3a), on or before the end day the holder of an exploration licence granted in respect of more than one block shall lodge a surrender for registration in respect of —

Mining Amendment Act 2004

Part 4

Amendments about exploration licences

s. 16

(a)	40% of the number of the blocks that are subject to the licence; or
(b)	if 40% of that number is not a whole number, the nearest whole number of the blocks.

(3a)	Subsection (3) does not apply if —

(a)	a deferral has been granted under subsection (3b); or
(b)

an application for deferral under determined.

(3b)

The Minister may, if satisfied that a prescribed ground

for deferral exists, defer the requirement in

subsection (3).

(3c)

An application for deferral shall be made by the holder

of an exploration licence on or before the end day in

the prescribed manner.

(3d)

If a deferral is granted under subsection (3b), the

holder of the exploration licence shall lodge the

surrender for registration on or before the day that is

12 months after the end day.

”.

(2)	Section 65(4) is repealed and the following subsections are inserted instead —

“

(4) If —

(a)	the holder of an exploration licence fails to lodge a surrender in accordance with subsection (3) or (3d); or
(b)	a deferral under subsection (3b) is refused,

Mining Amendment Act 2004

Amendments about exploration licences	Part 4
s. 17

the Minister may, by notice in writing, require the

holder to lodge the surrender for registration within a

period specified in the notice.

(4a)

A surrender under this section takes effect on the

surrender day.

(4b)

The blocks that remain subject to an exploration

licence after a surrender under this section are to form

not more than 3 discrete areas each consisting of —

(a)	a single graticular section; or
(b)	a number of graticular sections each having a side in common with at least one other graticular section in that area.

(4c)	If, before the surrender day, the holder of an exploration licence —

(a)	lease in respect of a part of the land the subject

is granted a mining lease or general purpose land”); or

(b)	surrenders a part of the land the subject of the exploration licence (the “surrendered land”),

then, in calculating the area of land that is required to be surrendered under this section, the area of granted land or surrendered land shall be taken into account as

though it were an area of land surrendered in

satisfaction of that requirement.

”.

17. Section 68 amended

(1)	Section 68(1) is amended by deleting the penalty provision.
(2)	Section 68(2) is amended by deleting the penalty provision.
(3)	After section 68(3) the following subsection is inserted —

Mining Amendment Act 2004

Part 4	Amendments about exploration licences
s. 18

“

(4)	Notwithstanding section 154(1), a holder of an exploration licence who fails to comply with subsection (1), (2) or (3) does not commit an offence against this Act.

”.

18. Section 69 amended

Section 69(1) is amended by deleting “relinquished” in both

places where it occurs and inserting instead —

“ surrendered ”.

19. Transitional and savings provisions

(1)	In this section —
“commencement” means the commencement of this Part;
“old provisions” means the Mining Act 1978 as in force

immediately before the commencement;

“relevant licence” means —

(a)	an exploration licence granted under the Mining Act 1978 that is in force immediately before the commencement; or
(b)	an exploration licence granted under the Mining Act 1978 after the commencement in respect of an application made before the commencement.

(2)

Despite the amendments made by this Part, the old provisions

(other than sections 63A, 65(1a) and 65(4)) continue to apply to

and in relation to a relevant licence.

(3)

If the holder of a relevant licence fails to comply with the

requirements for surrender in section 65(1) or (1b) of the old

provisions, the Minister may, by notice in writing, require the

holder to lodge the surrender for registration within a period

specified in the notice.

Mining Amendment Act 2004

Amendments about exploration licences	Part 4
s. 19

(4)

Section 63A of the Mining Act 1978 applies to and in relation to a relevant licence as if it contained a provision to the effect that the licence is liable to forfeiture if the holder of the licence fails to comply with a requirement under subsection (3).

(5)

Despite the amendments made by section 16, section 65(1a) of

the old provisions continues to apply to and in relation to a

relevant licence as if —

(a)	“licence — ” were replaced by —

“ licence ”;

(b)	paragraphs (a) and (b), and “or” after paragraph (a), were deleted; and
(c)	“the Minister may exempt” were replaced by —

“

the Minister may, if satisfied that a ground for

exemption exists, exempt

”.

(6)	For the purposes of the application of section 65(1a) of the old provisions as modified by subsection (5) a ground for exemption exists if a prescribed ground for deferral exists under section 65(3b) of the Mining Act 1978 as inserted by section 16.

Mining Amendment Act 2004

Part 5	Amendments about retention status
s. 20

Part 5 — Amendments about retention status

20. Section 8 amended

(1)	Section 8(1) is amended by inserting in the appropriate alphabetical positions — “

“identified mineral resource” means a deposit of

minerals identified in the prescribed manner;

“retention status” has a meaning affected by

subsection (5);

”.

(2)	After section 8(4) the following subsection is inserted —

“

(5)	For the purposes of this Act —

(a)	a prospecting licence has retention status if an approval under section 54 has effect in relation to the licence; and
(b)	an exploration licence has retention status if an approval under section 69B has effect in relation to the licence.

”.

21. Section 50 amended

(1)

Section 50 is amended by inserting before “During” the

subsection designation “(1)”.

(2)

At the end of section 50 the following subsection is inserted —

“

(2)	In the case of a prospecting licence that has retention status, expenditure conditions prescribed for the purposes of subsection (1) —

(a)	shall provide for a reduction calculated in the prescribed manner of the amount of

Mining Amendment Act 2004

Amendments about retention status	Part 5
s. 22

expenditure required during the year of the term

of the licence in which retention status is

approved; and

(b)	shall not require expenditure during any subsequent year of the term of the licence.

”.

22. Sections 53 to 55B inserted

After section 52 the following sections are inserted —

“

53. Application for retention status

(1)	In this section —
“prospecting licence” does not include a prospecting

licence that is a primary tenement for the purposes

of Division 2A.

(2)

The holder of a prospecting licence may apply to the

Minister for approval of retention status under

section 54.

(3)

An application under subsection (2) —

(a) shall be in writing;

(b)	shall be made in the prescribed manner;
(c)	shall contain the prescribed information;
(d)	shall be accompanied by any map, statement or other information required by the regulations; and
(e)	shall be accompanied by the prescribed application fee.

(4)	For the purposes of subsection (3)(d), but without limiting section 162(5), the regulations may require a statement or other information to be in the form of a statutory declaration.

Mining Amendment Act 2004

Part 5	Amendments about retention status
s. 22

(5)	If the holder of a prospecting licence transfers the licence after making an application under subsection (2) in respect of the licence, the application continues in the name of the transferee of the licence as if the transferee had made it.

54. Approval of retention status

(1)	The Minister may approve retention status for the whole or any part of the land the subject of a prospecting licence if satisfied that —

(a)	there is an identified mineral resource located in, on or under that land; and
(b)	the mining of that identified mineral resource is impracticable because —

(i)	marketing problems although the

the resource is uneconomic or subject to become economic or marketable in the future;

(ii) the resource is required to sustain the future operations of an existing or proposed mining operation; or

(iii)

there are existing political,

environmental or other difficulties in

obtaining requisite approvals.

(2)

An approval shall be in writing.

(3)

An approval takes effect on the day on which notice of

the approval is published in the Gazette or on a later

day specified in the notice.

(4)

The area of land to which an approval applies shall be

an area that, in the opinion of the Minister, is sufficient

to include —

Mining Amendment Act 2004

Amendments about retention status	Part 5
s. 22

(a)	the land in, on or under which the identified mineral resource is located; and
(b)	such other land as may be required for future mining operations in respect of that identified mineral resource.

(5)

The area of land to which an approval applies may be

less than the area of land in respect of which the

approval was sought.

(6)

If retention status is approved for part of the land the

subject of a prospecting licence, the holder of the

prospecting licence shall mark out in the prescribed

manner the boundaries of the land covered by the

approval as soon as practicable after the day on which

the approval takes effect.

(7)

If retention status is approved for part of the land the subject of a prospecting licence, the land not covered by the approval ceases to be the subject of the licence on the day on which the approval takes effect.

55. Consultation with other Ministers

(1)	Before approving retention status under section 54 for land of a class referred to in section 24(1), the Minister shall consult and obtain the recommendations of the
relevant responsible Minister under section 24(8).
(2)	Before approving retention status under section 54 for land in a marine management area, marine nature reserve or marine park, the Minister shall consult and obtain the recommendations of the other Ministers referred to in section 24A(6).
(3)	Before approving retention status under section 54 for land of a class referred to in section 25(1)(a), (b) or (c), the Minister shall consult and obtain the

Mining Amendment Act 2004

Part 5

Amendments about retention status

s. 22

recommendations of the other Ministers referred to in

section 25(2)(b).

(4)	Before approving retention status under section 54 for land of the class referred to in section 25(1)(d), the Minister shall consult and obtain the recommendations of the other Minister referred to in section 25(3)(b).

55A.

Programme of work

(1)	On the approval of retention status under section 54, or at any subsequent time, the Minister may impose on the holder of the prospecting licence a condition requiring the holder to comply with a specified programme of work in respect of the land the subject of the licence within a specified period.
(2)	Before imposing a condition under subsection (1), the Minister may require the holder of the licence to submit to the Minister a draft programme of work in a form approved by the Minister and the holder shall comply with that requirement.
(3)	A condition imposed under subsection (1) may be cancelled or varied by the Minister at any time.
(4)	A condition imposed under subsection (1) —

(a)	may be endorsed on the prospecting licence, for which purpose the holder of the licence shall produce the licence on demand; and
(b)	whether or not so endorsed, on notice of the imposition of the condition being given in writing to the holder of the licence shall for all purposes have effect as a condition to which the licence is subject.

(5)	In subsection (1) —
“specified” means specified in writing by the Minister.

Mining Amendment Act 2004

Amendments about retention status	Part 5
s. 23

55B.

Holder of prospecting licence with retention status

may be required to apply for mining lease

(1)	The Minister may at any time, by notice in writing, require the holder of a prospecting licence that has retention status to show cause why a mining lease should not be applied for in respect of the whole or any
part of the land the subject of the prospecting licence.

(2) Where —

(a)	the holder of a prospecting licence fails to show cause within the time specified in the notice referred to in subsection (1); or
(b)	the Minister is of the opinion that the holder of a prospecting licence has shown insufficient cause,

the Minister may, by notice in writing, require that

holder to apply in accordance with this Act for a

mining lease in respect of the whole or any part of the

land the subject of the prospecting licence within a

period of 60 days from the giving of that notice.

”.

23. Section 62 amended

(1)

Section 62 is amended by inserting before “During” the

subsection designation “(1)”.

(2)

At the end of section 62 the following subsection is inserted —

“

(2)	In the case of an exploration licence that has retention status, expenditure conditions prescribed for the purposes of subsection (1) —

(a)

are to provide for a reduction calculated in the expenditure required during the year of the term

Mining Amendment Act 2004

Part 5	Amendments about retention status
s. 24

of the licence in which retention status is

approved; and

(b)	are not to require expenditure during any subsequent year of the term of the licence.

”.

24. Sections 69A to 69E inserted

After section 69 the following sections are inserted —

“

69A.

Application for retention status

(1)	In this section —
“exploration licence” does not include an exploration licence that is a primary tenement for the purposes of Division 2A.
(2)	The holder of an exploration licence may apply to the Minister for approval of retention status under section 69B.
(3)	An application under subsection (2) —

(a) shall be in writing;

(b)	shall be made in the prescribed manner;
(c)	shall contain the prescribed information;
(d)	shall be accompanied by any map, statement or other information required by the regulations; and
(e)	shall be accompanied by the prescribed application fee.

(4)	For the purposes of subsection (3)(d), but without limiting section 162(5), the regulations may require a statement or other information to be in the form of a statutory declaration.

Mining Amendment Act 2004

Amendments about retention status	Part 5
s. 24

(5)	If the holder of an exploration licence transfers the licence after making an application under subsection (2) in respect of the licence, the application continues in the name of the transferee of the licence as if the transferee had made it.

69B.

Approval of retention status

(1)	The Minister may approve retention status for the whole or any part of the land the subject of an exploration licence if satisfied that —

(a)	there is an identified mineral resource located in, on or under that land; and
(b)	the mining of that identified mineral resource is impracticable because —

(i)	marketing problems although the

the resource is uneconomic or subject to become economic or marketable in the future;

(ii) the resource is required to sustain the future operations of an existing or proposed mining operation; or

(iii)

there are existing political,

environmental or other difficulties in

obtaining requisite approvals.

(2)

An approval shall be in writing.

(3)

An approval takes effect on the day on which notice of

the approval is published in the Gazette or on a later

day specified in the notice.

(4)

The area of land to which an approval applies —

(a)	shall be a block or blocks; and

Mining Amendment Act 2004

Part 5

Amendments about retention status

s. 24

(b)	shall be an area that, in the opinion of the Minister, is sufficient to include —

(i) the land in, on or under which the identified mineral resource is located; and

(ii) such other land as may be required for future mining operations in respect of that identified mineral resource.

(5)

The area of land to which an approval applies may be

less than the area of land in respect of which the

approval was sought.

(6)

If retention status is approved for part of the land the

subject of an exploration licence, the land not covered

by the approval ceases to be the subject of the licence

on the day on which the approval takes effect.

69C.

Consultation with other Ministers

(1)	Before approving retention status under section 69B for land of a class referred to in section 24(1), the Minister shall consult and obtain the recommendations of the
relevant responsible Minister under section 24(8).
(2)	Before approving retention status under section 69B for land in a marine management area, marine nature reserve or marine park the Minister shall consult and obtain the recommendations of the other Ministers referred to in section 24A(6).
(3)	Before approving retention status under section 69B for land of a class referred to in section 25(1)(a), (b) or (c), the Minister shall consult and obtain the
recommendations of the other Ministers referred to in section 25(2)(b).
(4)	Before approving retention status under section 69B for land of the class referred to in section 25(1)(d), the

Mining Amendment Act 2004

Amendments about retention status	Part 5
s. 24

Minister shall consult and obtain the recommendations of the other Minister referred to in section 25(3)(b).

69D.

Programme of work

(1)	On the approval of retention status under section 69B, or at any subsequent time, the Minister may impose on the holder of the exploration licence a condition
requiring the holder to comply with a specified programme of work in respect of the land the subject of the licence within a specified period.
(2)	Before imposing a condition under subsection (1), the Minister may require the holder of the licence to submit to the Minister a draft programme of work in a form approved by the Minister and the holder shall comply with that requirement.
(3)	A condition imposed under subsection (1) may be cancelled or varied by the Minister at any time.
(4)	A condition imposed under subsection (1) —

(a)	may be endorsed on the exploration licence, for which purpose the holder of the licence shall produce the licence on demand; and
(b)	whether or not so endorsed, on notice of the imposition of the condition being given in writing to the holder of the licence shall for all purposes have effect as a condition to which the licence is subject.

(5)	In subsection (1) —
“specified” means specified in writing by the Minister.

69E.

Holder of exploration licence with retention status

may be required to apply for mining lease

(1)	The Minister may at any time, by notice in writing, require the holder of an exploration licence that has

Mining Amendment Act 2004

Part 5

Amendments about retention status

s. 25

retention status to show cause why a mining lease

should not be applied for in respect of the whole or any

part of the land the subject of the exploration licence.

(2) Where —

(a)	the holder of an exploration licence fails to show cause within the time specified in the notice referred to in subsection (1); or
(b)	the Minister is of the opinion that the holder of an exploration licence has shown insufficient cause,

the Minister may, by notice in writing, require that

holder to apply in accordance with this Act for a

mining lease in respect of the whole or any part of the

land the subject of the exploration licence within a

period of 60 days from the giving of that notice.

”.

25. Section 70A replaced

Section 70A is repealed and the following section is inserted

instead —

“

70A.	Meaning of “primary tenement”
In this Division —
“primary tenement” means —

(a)	a prospecting licence that —

(i) is in force immediately before the commencement of section 25 of the Mining Amendment Act 2004; or

(ii)

is granted after that commencement before that commencement;

Mining Amendment Act 2004

Amendments about retention status	Part 5
s. 25

(b)	an exploration licence that —

(i) is in force immediately before the commencement of section 25 of the Mining Amendment Act 2004; or

(ii)

is granted after that commencement before that commencement;

(c)	a mining lease.

”.

Mining Amendment Act 2004

Part 6	Amendments about mining leases
s. 26

Part 6 — Amendments about mining leases

26. Section 6 amended

After section 6(1) the following subsections are inserted —

“

(1a)	Notwithstanding subsection (1) and section 5 of the Environmental Protection Act 1986, in the case of an application for a mining lease accompanied by the documentation referred to in section 74(1)(ca)(ii) —

(a)	only the applicant can refer a proposal to which the application relates under section 38(1) of that Act; and
(b)	section 38(5) of that Act does not apply to such a proposal.

(1b)	In subsection (1a) —
“proposal” has the meaning given to that term in section 3(1) of the Environmental Protection Act 1986.
(1c)	Subsection (1a) does not apply to an application for a mining lease made pursuant to a Government agreement as defined in section 2 of the Government Agreements Act 1979.
(1d)	If a mining lease is granted on an application referred to in subsection (1a), nothing in that subsection affects the application of section 38 of the Environmental Protection Act 1986 to —

(a)	a programme of work lodged by the holder of the mining lease in compliance with the condition referred to in section 82(1)(ca); or
(b)	a mining proposal lodged by the holder of the mining lease in compliance with the condition referred to in section 82A.

Mining Amendment Act 2004

Amendments about mining leases

Part 6

”.

27. Sections 70O and 70P inserted

Before section 71 the following sections are inserted in Part IV

Division 3 —

“

70O.

Definitions

(1)	In this Division —
“guidelines” means guidelines approved by the

Director General of Mines for the purposes of this

Division;

“mining proposal” means a document that —

(a)	is in the form required by the guidelines; and
(b)	contains information of the kind required by the guidelines about proposed mining operations in, on or under the land in respect of which a mining lease is sought or granted, as the case requires;

“significant mineralisation” has the meaning given in

subsection (2).

(2)

For the purposes of this Division there is significant

mineralisation in, on or under land to which an

application for a mining lease relates if exploration

results in respect of a deposit of minerals located in, on

or under that land indicate that there is a reasonable

prospect of minerals being obtained by mining

operations.

70P.

Guidelines to be publicly available

The Director General of Mines shall ensure that the

guidelines are made available, without charge, for

public inspection in the prescribed manner.

”.

Mining Amendment Act 2004

Part 6	Amendments about mining leases
s. 28

28. Section 73 replaced

Section 73 is repealed and the following section is inserted

instead —

“

73. Area of mining lease may be less than area sought

(1)

The area of land in respect of which a mining lease is granted may be less than the area of land in respect of which the mining lease is sought.

(2)

If the area of land in respect of which a mining lease is granted is as described in subsection (1), the holder of the lease shall mark out in the prescribed manner the

boundaries of that area as soon as practicable after the

grant of the lease.

”.

29. Section 74 amended

(1)	After section 74(1)(c) the following is inserted —

“

(ca)	shall be accompanied by —

(i) a mining proposal; or

(ii)

a statement in accordance with report prepared by a qualified person;

and

”.

(2)	After section 74(1) the following subsection is inserted —

“

(1a)

The statement referred to in subsection (1)(ca)(ii) shall set out information about the mining operations that are likely to be carried out in, on or under the land to

which the application relates including information as

to —

Mining Amendment Act 2004

Amendments about mining leases	Part 6
s. 29

(a)	when mining is likely to commence;
(b)	the most likely method of mining; and
(c)	the location, and the area, of land that is likely to be required for the operation of plant, machinery and equipment and for other activities associated with those mining operations.

”.

(3)	After section 74(4) the following subsections are inserted —

“

(5)	The Director General of Mines shall ensure that —

(a)	any document referred to in subsection (1)(ca) that accompanies the application; and
(b)	any document furnished by the applicant in response to a request under subsection (2),

are made available for public inspection at reasonable

times.

(6)	The regulations may require a person to pay a fee specified in the regulations —

(a)	for inspecting a document referred to in subsection (5); or
(b)	for obtaining a copy of the document or any part of it.

(7)	In this section —
“likely” means reasonably likely having regard to the

information available to the applicant when the

application is made;

“mineralisation report” means a report that sets out

details of exploration results in respect of a deposit

of minerals located in, on or under the land to

which the application relates, including details

of —

Mining Amendment Act 2004

Part 6	Amendments about mining leases
s. 30

(a)	the type of minerals located in, on or under that land;
(b)	the location, depth and extent of those minerals and the way in which that extent has been determined; and
(c)	analytical results obtained from samples of those minerals;

“qualified person” means a person who —

(a)	is a member of a prescribed body; and
(b)	complies with any requirement of the regulations as to relevant qualifications or experience.

”.

30. Section 74A inserted

After section 74 the following section is inserted —

“

74A.

Report on significant mineralisation required for

certain applications

(1)	If an application for a mining lease is accompanied by the documentation referred to in section 74(1)(ca)(ii), the Director, Geological Survey shall give the Minister
a report as to whether or not there is significant mineralisation in, on or under the land to which the application relates.
(2)	For the purposes of preparing the report, the Director, Geological Survey may request the applicant to provide further information in relation to matters dealt with in the mineralisation report.
(3)	The report shall be based solely on information contained in the mineralisation report and any further

Mining Amendment Act 2004

Amendments about mining leases	Part 6
s. 31

information provided by the applicant in response to a

request under subsection (2).

(4)

The Director, Geological Survey shall give a copy of

the report to the mining registrar and the warden.

(5)

The Director General of Mines shall ensure that the

report is made available for public inspection at

reasonable times.

(6)

The regulations may require a person to pay a fee

specified in the regulations —

(a)	for inspecting the report; or
(b)	for obtaining a copy of the report or any part of it.

(7)	In this section —
“mineralisation report” means the mineralisation

report that accompanied the application.

”.

31. Section 75 amended

(1)	After section 75(1) the following subsection is inserted —

“

(1a)	A person is not entitled to lodge a notice of objection if the basis for the objection is that there is no significant mineralisation in, on or under the land to which the
application relates.

”.

(2)

Section 75(2) is amended by deleting “Where” and inserting

instead —

“ Subject to subsection (2a), if ”.

(3)

After section 75(2) the following subsection is inserted —

Mining Amendment Act 2004

Part 6	Amendments about mining leases
s. 31

“

(2a)	If the application for the mining lease is accompanied by the documentation referred to in section 74(1)(ca)(ii), the mining registrar shall not forward a report under subsection (2) unless —

(a)	the mining registrar has received a copy of the section 74A report in relation to the application; and
(b)	the section 74A report states that there is significant mineralisation in, on or under the land to which the application relates.

”.

(4)

Section 75(4) is amended by deleting “Where” and inserting

instead —

“ Subject to subsection (4a), if ”.

(5)

After section 75(4) the following subsection is inserted —

“

(4a)	If the application for the mining lease is accompanied by the documentation referred to in section 74(1)(ca)(ii), the warden shall not hear the application unless —

(a)

the warden has received a copy of the and

(b)	the section 74A report states that there is significant mineralisation in, on or under the land to which the application relates.

”.

(6)	Section 75(7) is amended by inserting after “subject to” —
“ subsection (8) and the other provisions of ”.
(7)	After section 75(7) the following subsection is inserted —

Mining Amendment Act 2004

Amendments about mining leases	Part 6
s. 32

“

(8)

In the case of an application for a mining lease that is

accompanied by the documentation referred to in

section 74(1)(ca)(ii), the Minister shall refuse to grant

the mining lease if the section 74A report states that

there is no significant mineralisation in, on or under the

land to which the application relates.

”.

(8)	After section 75(9) the following subsection is inserted —

“

(10)	In this section —
“section 74A report” means the report given to the

Minister under section 74A.

”.

32. Section 82 amended and transitional provision

(1)	After section 82(1)(c) the following paragraph is inserted —

“

(ca)	not use ground disturbing equipment when mining on such land unless —

(i) the lessee has lodged in the prescribed manner a programme of work in respect of that use and the programme has been approved in writing by the Minister or a prescribed official; or

(ii) that use is dealt with in a relevant mining proposal;

”.

(2)	After section 82(1) the following subsections are inserted —

“

(1a)	In subsection (1)(ca)(ii) —
“relevant mining proposal” means —

Mining Amendment Act 2004

Part 6	Amendments about mining leases
s. 33

(a)	a mining proposal that accompanied the application for the mining lease under section 74(1)(ca); or
(b)	a mining proposal for which there is approval as described in section 82A(2)(b).

(1b)	Without limiting or otherwise affecting the application of the other provisions of subsection (1), paragraph (ca) of that subsection does not apply to a mining lease
defined in section 2 of the Government Agreements
granted pursuant to a Government agreement, as deemed to be approved or determined under the agreement.

”.

(3)	Section 82(1)(ca) of the Mining Act 1978 as inserted by subsection (1) does not apply to a mining lease granted under that Act before the day on which this section comes into operation.

33. Section 82A inserted

After section 82 the following section is inserted —

“

82A.

Condition to be included in certain mining leases

(1)	This section applies to a mining lease if —

(a)	the application for the mining lease was made under this Act, but was not determined, before the commencement of section 33 of the Mining Amendment Act 2004; or
(b)	the application for the mining lease was accompanied by the documentation referred to in section 74(1)(ca)(ii).

Mining Amendment Act 2004

Amendments about mining leases	Part 6
s. 34

(2)	Every mining lease to which this section applies shall be deemed to be granted subject to a condition requiring the lessee, before the lessee carries out mining operations of a prescribed kind on any part of the land the subject of the mining lease —

(a)	to lodge in the prescribed manner a mining proposal in respect of those operations; and
(b)	to obtain written approval for the mining proposal from a prescribed official.

”.

34. Section 85 amended

Section 85(1) and (2) are each amended by inserting after “this

Act” —

“

and to any conditions to which the mining lease is

subject

”.

35. Transitional provision

(1)	In this section —
“commencement” means the commencement of this Part;
“old provisions” means sections 74 and 75 of the Mining

Act 1978 as in force immediately before the commencement.

(2)	Despite the amendments made by this Part, the old provisions continue to apply to and in relation to an application for a mining lease under the Mining Act 1978 that is pending immediately before the commencement.

Mining Amendment Act 2004

Part 7	Amendments about securities
s. 36

Part 7 — Amendments about securities

36. Section 70F replaced and transitional provision

(1)	Section 70F is repealed and the following section is inserted instead —

“

70F.

Security relating to retention licence

(1)	The applicant for a retention licence shall lodge at the office of the mining registrar, within the prescribed period, a security for compliance with —

(a)	the conditions to which the retention licence, if granted, will from time to time be subject; and
(b)	the provisions of this Part and the regulations.

(2)	The Minister may require the holder of a retention licence to lodge at the office of the mining registrar or the Department at Perth, within such period as the Minister specifies in writing, an additional security for compliance with conditions imposed in relation to the licence under section 70I.
(3)	A security referred to in subsection (1) or (2) shall be in accordance with and subject to section 126.
(4)	A retention licence shall not be granted unless a security has been lodged by the applicant for the retention licence in accordance with subsection (1).
(5)	Notwithstanding section 154(1), an applicant for a retention licence who fails to comply with subsection (1) does not commit an offence against this Act.

”.

Mining Amendment Act 2004

Amendments about securities	Part 7
s. 37

(2)	Where, immediately before the commencement of this section, an application for a retention licence has been made, but has not been finally determined, under the Mining Act 1978 —

(a)	the person who made the application is not required to comply with section 70F(1) of that Act as inserted by subsection (1); and
(b)	section 70F(4) of that Act as inserted by subsection (1) does not apply in respect of the application.

37. Section 70K amended

Section 70K(bb) is amended by deleting “70F(1)” and inserting

instead —

“ 70F(2) ”.

38. Section 82 amended

Section 82(1)(g) is amended by deleting “84A(1)” and inserting

instead —

“ 84A(2) ”.

39. Section 84A replaced and transitional provision

(1)	Section 84A is repealed and the following section is inserted instead —

“

84A.

Security relating to mining lease

(1)	The applicant for a mining lease shall lodge at the office of the mining registrar, within the prescribed period, a security for compliance with —

(a)	the conditions to which the mining lease, if granted, will from time to time be subject; and
(b)	the provisions of this Part and the regulations.

Mining Amendment Act 2004

Part 7	Amendments about securities
s. 40

(2)	The Minister may require the holder of a mining lease to lodge at the office of the mining registrar or the Department at Perth, within such period as the Minister specifies in writing, an additional security for compliance with conditions imposed in relation to the lease under section 84.
(3)	A security referred to in subsection (1) or (2) shall be in accordance with and subject to section 126.
(4)	A mining lease shall not be granted unless a security has been lodged by the applicant for the mining lease in accordance with subsection (1).
(5)	Notwithstanding section 154(1), an applicant for a mining lease who fails to comply with subsection (1) does not commit an offence against this Act.

”.

(2)	Where, immediately before the commencement of this section, an application for a mining lease had been made, but had not been determined, under the Mining Act 1978 —

(a)	the person who made the application is not required to comply with section 84A(1) of that Act as inserted by subsection (1); and
(b)	section 84A(4) of that Act as inserted by subsection (1) does not apply in respect of the application.

40. Section 92 amended

Section 92 is amended by deleting “(1a)”.

41. Section 126 amended

(1)	Section 126(1)(a) is amended as follows:

(a)	in subparagraph (i) by deleting “70F or 84A” and inserting instead —

“ 70F(2) or 84A(2) ”;

Mining Amendment Act 2004

Amendments about securities	Part 7
s. 41

(b)	by deleting subparagraph (ii) and inserting the following subparagraph instead —

“

(ii) in the case of a security referred to in section 52(1), 60(1), 70F(1) or 84A(1), as is prescribed;

”.

(2)	After section 126(7) the following subsection is inserted —

“

(8)

Without limiting the power of the Minister in

subsection (7), a security given under this section for

the purposes of section 52(1), 60(1), 70F(1) or 84A(1)

that is not in suit is discharged by operation of this

section on the expiry of one year after the surrender,

forfeiture or expiry of the mining tenement in respect

of which the security was given.

”.

Mining Amendment Act 2004

Part 8	Amendments about geological samples
s. 42

Part 8 — Amendments about geological samples

42. Section 8 amended

Section 8(1) is amended by inserting after the definition of

“fossick” the following definition —

“

“geological sample” includes a drill core;

”.

43. Section 51A inserted

After section 51 the following section is inserted —

“

51A.

Geological samples

The holder of a prospecting licence shall furnish to the

Minister such geological samples obtained in the

course of operations conducted by the holder under the

licence as the Minister may request.

”.

44. Section 70H amended

Section 70H(1) is amended as follows:

(a)	after paragraph (e) by deleting “and”;
(b)

after paragraph (f) by deleting the full stop and “

; and

(g)	furnish to the Minister such geological samples obtained in the course of operations conducted by the holder under the licence as the Minister may request.

”.

Mining Amendment Act 2004

Amendments about geological samples	Part 8
s. 45

45. Section 82 amended

After section 82(1)(e) the following paragraph is inserted —

“

(ea)	furnish to the Minister such geological samples obtained in the course of operations conducted by the lessee under the lease as the Minister
may request;

”.

46. Section 96 amended

After section 96(2)(ba) the following paragraph is inserted —

“

(baa)

any request under section 51A is not complied

with;

”.

Mining Amendment Act 2004

Part 9	Amendments about wardens and wardens’ courts
s. 47

Part 9 — Amendments about wardens and

wardens’ courts

47. Section 8 amended

Section 8(1) is amended in the definition of “warden” by

deleting “or deemed so to be and includes a person appointed to

be an acting warden”.

48. Section 13 amended

Section 13(2) and (3) are repealed.

49. Section 14 repealed

Section 14 is repealed.

50. Section 20 amended

(1)	Section 20(1) is amended by deleting “, a warden”.
(2)	Section 20(5) is amended as follows:

(a)	in paragraph (ea) by deleting “by order”;
(b)	by deleting “make an order under this subsection” and inserting instead —

“ give a direction under paragraph (ea) ”;

(c)	by deleting “by the warden”.

51. Section 28 amended

Section 28(b) is amended by deleting “by the warden”.

52. Section 29 amended

Section 29(4) is repealed and the following subsection is

inserted instead —

“

(4)	If a question arises as to whether something is a substantial improvement for the purposes of

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Amendments about wardens and wardens’ courts	Part 9
s. 53

subsection (2)(d), the question is to be determined by

the warden and the warden’s determination is final and

conclusive and not subject to appeal.

”.

53. Section 30 amended

(1)

Section 30(1) is amended by deleting “in writing to a warden”.

(2)

Section 30(2) is amended by deleting “contain — ”,

paragraphs (a) and (b), and “and” after paragraph (a), and

inserting instead —

“

contain a description of the private land concerned that

is sufficient to enable the land to be identified.

”.

(3)	Section 30(3) is amended by inserting after “warden” —
“ or a prescribed official ”.
(4)	Section 30(4) is amended as follows:

(a)	by inserting after “warden” —

“ or a prescribed official ”;

(b)	by deleting “him” and inserting instead —

“ the Director General of Mines ”.

(5)	Section 30(5) and (6) are repealed and the following subsections are inserted instead —

“

(5)

A sum fixed under subsection (4) shall be a sum that,

in the opinion of the warden or prescribed official,

would provide reasonable compensation to the owner

and the occupier of the private land to which the permit

concerned relates for any damage likely to be caused

by the holder of the permit during the currency of the

permit.

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Part 9	Amendments about wardens and wardens’ courts
s. 53

(6)	The owner or the occupier of the private land to which a permit relates may apply to the warden’s court within the prescribed period for payment of all or part of a
sum paid by the holder of the permit under subsection (4).
(6a)	If the warden’s court is satisfied, on an application made under subsection (6), that the applicant has suffered damage caused by the holder of the permit during the currency of the permit, the warden’s court may order that all or part of the sum be paid to the applicant.
(6b)	If an order is made under subsection (6a) that all of the sum be paid to the applicant, the Director General of Mines shall give effect to the order.
(6c)	If an order is made under subsection (6a) that part of the sum be paid to the applicant, the Director General of Mines shall —

(a)	give effect to the order; and
(b)	pay the balance of the sum to the holder of the permit.

(6d) If —

(a)	no application is made under subsection (6); or
(b)	an application made under subsection (6) is refused, withdrawn or discontinued,

the Director General of Mines shall pay the sum to the

holder of the permit.

”.

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Amendments about wardens and wardens’ courts	Part 9
s. 54

(6)	After section 30(7) the following subsection is inserted —

“

(8)	In this section —
“prescribed official” means a person who holds or

acts in an office or position in the Department that

is prescribed for the purposes of this section.

”.

54. Section 32 amended

Section 32(2) is amended by deleting “the warden” and

inserting instead —

“ a warden or a prescribed official ”.

55. Section 33 amended

After section 33(2) the following subsection is inserted —

“

(2a)	If a warden makes an order for the payment of costs under subsection (2), those costs are recoverable in accordance with the regulations.

”.

56. Section 42 amended

(1)	Section 42(2) is amended by inserting after “prescribed time” —
“ , or any notice of objection is withdrawn, ”.
(2)	Section 42(3) is amended as follows:

(a)	by inserting before “the warden shall” —

“ and the notice of objection is not withdrawn, ”;

(b)	by deleting “in open court”.

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Part 9	Amendments about wardens and wardens’ courts
s. 57

57. Section 47 amended

(1)

Section 47(1) is amended by deleting “order” in the first place

where it occurs and inserting instead —

“ require ”.

(2)

Section 47(2) is repealed and the following subsection is

inserted instead —

“

(2)	A survey required under subsection (1) shall be —

(a)	arranged in accordance with the regulations; and
(b)	paid for by such party or parties to the dispute as the warden or the Minister determines.

”.

58. Section 58 amended

(1)	Section 58(2) is amended as follows:

(a)	by deleting the paragraph designation “(a)”;
(b)	by redesignating paragraph (b) as subsection (2a);
(c)	by deleting “order” in the first place where it occurs and inserting instead —

“ require ”;

(d)	by deleting paragraph (c).

(2)	Before section 58(3) the following subsection is inserted —

“

(2b)	A survey required under subsection (2a) shall be —

(a)	arranged in accordance with the regulations; and
(b)	paid for by such party or parties to the dispute as the warden or the Minister determines.

”.

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Amendments about wardens and wardens’ courts	Part 9
s. 59

59. Section 59 amended

(1)	Section 59(2) is amended by inserting after “prescribed time” —
“ , or any notice of objection is withdrawn, ”.
(2)	Section 59(4) is amended as follows:

(a)	by inserting before “the warden shall” —

“ and the notice of objection is not withdrawn, ”;

(b)	by deleting “in open court”.

60. Section 67A amended

Section 67A(4) is amended by deleting “, whether or not the

Minister refers the matter to the warden for a recommendation”.

61. Section 70D amended

(1)

Section 70D(2) is amended by inserting after “prescribed

time” —

“ , or any notice of objection is withdrawn, ”.

(2)

Section 70D(4) is amended as follows:

(a)	by inserting before “the warden shall” —

“ and the notice of objection is not withdrawn, ”;

(b)	by deleting “in open court”.

62. Section 70G amended

(1)

Section 70G(1) is amended by deleting “order” in the first place

where it occurs and inserting instead —

“ require ”.

(2)

Section 70G(2) is repealed and the following subsection is

inserted instead —

“

(2)	A survey required under subsection (1) shall be —

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Part 9

Amendments about wardens and wardens’ courts

s. 63

(a)	arranged in accordance with the regulations; and
(b)	paid for by such party or parties to the dispute as the warden or the Minister determines.

”.

63. Section 75 amended

(1)	Section 75(2) is amended by inserting after “prescribed time” —
“ , or any notice of objection is withdrawn, ”.
(2)	Section 75(4) is amended as follows:

(a)	after paragraph (b) by inserting —

“ and the notice of objection is not withdrawn, ”;

(b)	by deleting “in open court”.

64. Section 97A amended

(1)	Section 97A(1) is amended by deleting “to the warden”.
(2)	Section 97A(5) is amended by deleting “in open court”.

65. Section 98 amended

(1)	Section 98(1) is amended by deleting “to the warden”.
(2)	Section 98(3) is amended by deleting “in open court”.
(3)	Section 98(9) is amended by deleting “of the order made by the warden” and inserting instead —
“ after the penalty is imposed ”.

66. Section 102 amended

Section 102(5)(a) is amended by deleting “in open court”.

67. Section 105A amended

(1)	Section 105A(3) is amended by deleting “in open court”.

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Amendments about wardens and wardens’ courts	Part 9
s. 68

(2)	After section 105A(3) the following subsection is inserted —

“

(3a)	Each ballot under subsection (3) is to be conducted in public.

”.

68. Section 130 amended

Section 130 is amended by deleting “before the warden”.

69. Section 131 amended

Section 131 is amended by deleting “, not being a person

appointed under section 13(2),”.

70. Section 132 amended

(1)

Section 132(1) is amended by deleting “either the warden’s

court or the warden.” and inserting instead —

“ the warden’s court. ”.

(2)

Section 132(2) is amended by deleting “all proceedings under

this Act” and inserting instead —

“

any action, suit or other proceeding within the

jurisdiction of a warden’s court

”.

(3)	Section 132(3) is amended as follows:

(a)	by deleting “his” in the 3 places where it occurs and inserting instead —

“ the ”;

(b)	by deleting “he” and inserting instead —

“ the court ”.

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Part 9	Amendments about wardens and wardens’ courts
s. 71

71. Section 134 amended

(1)	Section 134(1)(d) is deleted.
(2)	Section 134(2) is amended as follows:

(a)	by deleting “warden” in the first 3 places where it occurs and inserting instead —

“ court ”;

(b)	by inserting after “taxed” —

“ by the warden or the mining registrar ”;

(c)	by deleting the passage beginning “but an order” and ending “frivolous or vexatious”.

(3)	Section 134(5) is amended as follows:

(a)	by deleting “or the warden, as the case may require,”;
(b)	by deleting “or a Judge thereof ”.

72. Section 135 amended

(1)	Section 135(1) is amended as follows:

(a)	by deleting “arising under this Act the warden, or in his absence the mining registrar if the parties so agree,” and inserting instead —

“

relating to a matter within the jurisdiction of a

warden’s court, the warden’s court

”;

(b)	by deleting the comma after “dispute”;
(c)	by deleting “he” and inserting instead —

“ it ”.

(2)	Section 135(2) is amended as follows:

(a)	by deleting “warden or mining registrar” and inserting instead —

“ warden’s court ”;

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Amendments about wardens and wardens’ courts	Part 9
s. 73

(b)	by deleting “by a warden in a warden’s court” and inserting instead —

“ in the court ”.

(3)	Section 135(3) is amended as follows:

(a)	by deleting “warden or mining registrar, as the case requires,” and inserting instead —

“ warden’s court ”;

(b)	by deleting “him” and inserting instead —

“ it ”;

(c)	by deleting “his” and inserting instead —

“ its ”.

(4)	Section 135(4) is repealed.

73. Section 137 amended

(1)	Section 137(1) is repealed and the following subsection is inserted instead —

“

(1)	A warden’s court must ensure that evidence given in proceedings before it is recorded in the manner prescribed in the rules of court or the regulations.

”.

(2)	Section 137(2) and (3) are repealed.
(3)	Section 137(4) is amended as follows:

(a)	by deleting “wherein the evidence of a witness” and inserting instead —

“ in which evidence ”;

(b)	by deleting “thereof ” and inserting instead —

“ of that evidence in the prescribed form ”.

(4)	Section 137(5) is amended as follows:

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Part 9	Amendments about wardens and wardens’ courts
s. 74

(a)	by deleting “who” and inserting instead —

“ presiding in the court that ”;

(b)	by deleting “, and shall be recorded in a register kept for the purpose”.

74. Section 138 amended

Section 138(4) is amended as follows:

(a)	by deleting “warden” in the first place where it occurs and inserting instead —

“ warden’s court ”;

(b)	by deleting “his” in both places where it occurs and inserting instead —

“ its ”;

(c)	by deleting “the warden” and inserting instead —

“ it ”.

75. Section 142 amended

(1)

Section 142(1) is amended by inserting after “proceedings” in

the first place where it occurs —

“ in a warden’s court ”.

(2)

Section 142(2) is amended as follows:

(a)	by inserting after “proceedings” in the first place where it occurs —

“ in a warden’s court ”;

(b)	by deleting “mining registrar and a warden respectively have” and inserting instead —

“ warden’s court has ”;

(c)	by deleting “any” in the third place where it occurs and inserting instead —

“ such ”.

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Amendments about wardens and wardens’ courts	Part 9
s. 76

(3)

Section 142(5) is amended by deleting “mining registrar, or the

warden, as the case may be,” and inserting instead —

“ warden’s court ”.

76. Sections 144 and 145 repealed

Sections 144 and 145 are repealed.

77. Section 146 amended

(1)	Section 146(1) is amended by deleting “The warden” and inserting instead —
“ A warden’s court ”.
(2)	Section 146(2) is amended by deleting “him” and inserting instead —
“ the court ”.
(3)	Section 146(6) is amended by deleting “warden who” and inserting instead —
“ warden’s court which ”.
(4)	Section 146(7) is amended by deleting “he” in both places where it occurs and inserting instead —
“ it ”.

78. Section 147 amended

(1)	Section 147(1) is amended by deleting “section” and inserting instead —
“ sections 135(2) and ”.
(2)	Section 147(3) is amended by deleting “upon the warden and”.
(3)	Section 147(4) and (5) are repealed.

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Part 9	Amendments about wardens and wardens’ courts
s. 79

(4)

Section 147(6) is amended by deleting “he” and inserting

instead —

“ it ”.

79. Section 148 amended

Section 148(4) is amended by deleting “and served upon the

warden”.

80. Section 151 amended

Section 151 is amended as follows:

(a)	by deleting “Part — ” and inserting instead —

“ Part ”;

(b)	by deleting the paragraph designation “(a)”;
(c)	by deleting “final;” and inserting instead —

“ final. ”;

(d)	by deleting paragraphs (b) and (c).

81. Section 156 amended

Section 156(1)(b)(i) is amended by deleting “or acting

warden,”.

82. Sections 160C and 160D inserted

After section 160B the following sections are inserted —

“

160C.

No right of appeal from certain decisions of warden,

mining registrar or Minister

No appeal lies under this Act —

(a)	except as provided in Part IV, in respect of a decision, order or recommendation of a warden or mining registrar on —

(i) an application for a mining tenement;

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s. 83

(ii) an application for forfeiture of a mining tenement; or

(iii) an application for exemption from expenditure or other conditions;

(b)	in respect of a decision or order of the Minister on —

(i) an application for a mining tenement;

(ii) an application for forfeiture of a mining tenement; or

(iii) an application for exemption from expenditure or other conditions;

(c)	in respect of a determination of a warden or mining registrar if a provision of this Act provides that the determination is final and conclusive and not subject to appeal.

160D.	Persons before whom affidavit may be sworn
An affidavit to be used in a warden’s court or before a warden or a mining registrar may be sworn before —

(a)	a commissioner for taking affidavits in the Supreme Court;

(b) a warden;

(d) a justice;

(e)	a public notary as defined in the Public Notaries Act 1979; or
(f)	a prescribed official.

”.

83. Section 161 amended

After section 161(3) the following subsection is inserted —

Mining Amendment Act 2004

Part 9	Amendments about wardens and wardens’ courts
s. 84

“

(4)	In any proceedings —

(a)	a document purporting to be a copy of a judgment, order or decision of a warden or a warden’s court, or of a document filed or lodged in proceedings under this Act, and purporting to be certified by —

(i) a warden;

(ii) a mining registrar; or (iii) a prescribed official,

to be such a copy, is admissible as a true copy of the judgment, order, decision or document; and

(b)	judicial notice is to be taken of the signature of a person referred to in paragraph (a)(i), (ii) or (iii) on a certificate under that paragraph.

”.

84. Section 162 amended

(1)	Section 162(2) is amended as follows:

(a)	in paragraph (ka)(iii) by deleting “warden’s court” and inserting instead —

“ warden ”;

(b)	after paragraph (r) by inserting the following paragraphs —

“

(ra)	without limiting paragraph (a), prescribe and regulate the powers, functions and duties of the warden in proceedings in respect of an application or objection under Part IV (“Part IV proceedings”), including powers to order costs and require security for costs;

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Amendments about wardens and wardens’ courts	Part 9
s. 85

(rb)

prescribe and regulate the practice and

procedure to be followed in Part IV

proceedings;

(rc)

prescribe a scale of costs for Part IV

proceedings and provide for the taxation and

recovery of costs in those proceedings;

”.

(2)	After section 162(3) the following subsection is inserted —

“

(4)	Regulations made under subsection (2)(ra) may apply the provisions of sections 142 and 146 with such modifications as are prescribed.

”.

85. Various references to “warden” changed to “warden’s court”

In each place listed in the Table to this section “warden” is

deleted and the following is inserted instead —

“ warden’s court ”.

Table

s. 115(3)(b)	s. 146(3)
s. 123(3)(a)	s. 146(4)
s. 124(1)	s. 146(5)(a)
s. 132(3)	s. 146(7)
s. 134(3)(i)	s. 147(6)
s. 143 (2 places)	s. 148(4)
s. 146(2)	s. 148(6) (2 places)

86. Transitional provision

If, on the commencement of this Part, an application or

objection in respect of a mining tenement has been made, but

has not been determined, under Part IV of the Mining Act 1978,

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Part 9	Amendments about wardens and wardens’ courts
s. 86

the application or objection is to be dealt with and determined

under that Act as if this Part had not come into operation.

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Other amendments to the Mining Act 1978

Part 10

s. 87

Part 10 — Other amendments to the Mining Act 1978

87. Section 8 amended

Section 8(1) is amended by inserting in the appropriate

alphabetical positions the following definitions —

“

“Director, Geological Survey” means the person for

the time being holding or acting in the office of Director, Geological Survey in the Department;

“ground disturbing equipment” means —

(a)	mechanical drilling equipment;
(b)	a backhoe, bulldozer, grader or scraper; or
(c)	any other machinery of a kind prescribed for the purposes of this definition;

“prescribed official” means the holder of an office in

the Department that is prescribed, or is of a class

prescribed, for the purposes of the provision in

which the term is used;

”.

88. Section 20 amended

Section 20(2) is amended by deleting paragraph (e), and “and”

after it, and inserting instead —

“

(e)	to camp on Crown land, for the purpose of prospecting, in such manner and subject to such conditions as may be prescribed; and

”.

89. Section 63A amended

Section 63A is amended as follows:

(a)	in paragraph (aa) by inserting after “60(1a)” —

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Part 10	Other amendments to the Mining Act 1978
s. 90
“ 65(4), 69E(2) or 115B(2) ”;

(b)	after paragraph (b) by inserting the following paragraph —

“

(baa)

any request under section 68(1) or (2) in relation to the exploration licence is not complied with;

”.

90. Section 70H amended and transitional provision

(1)	Section 70H(1) is amended as follows:

(a)	before paragraph (a) by inserting the following paragraph —

“

(aa)	not use ground disturbing equipment when exploring for minerals on the land the subject of the licence unless —

(i) the holder has lodged in the prescribed manner a programme of work in respect of that use; and

(ii) the programme of work has been approved in writing by the Minister or a prescribed official;

”;

(b)	in paragraph (a) —

(i)

by deleting “the State Mining Engineer” in the instead —

“ a prescribed official ”;

(ii) by deleting “the State Mining Engineer” in the second place where it occurs and inserting instead —

“ the prescribed official ”.

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Other amendments to the Mining Act 1978

Part 10

s. 91

(2)	Section 70H(1)(aa) of the Mining Act 1978 as inserted by subsection (1) does not apply to a retention licence granted under that Act before the day on which this section comes into operation.

91. Section 90 replaced

Section 90 is repealed and the following section is inserted

instead —

“

90. Application of certain provisions to general purpose leases

(1)	Section 6(1a), (1c) and (1d) apply, with such modifications as the circumstances require, to and in relation to a general purpose lease as if —

(a)	a reference in those subsections to a mining lease were a reference to a general purpose lease; and
(b)	the reference in subsection (1d)(a) to the condition referred to in section 82(1)(ca) were a reference to a condition prescribed by the regulations for the purposes of section 89.

(2)	Section 74 applies, with such modifications as the circumstances require, to and in relation to a general purpose lease as if —

(a)	a reference in that section to a mining lease were a reference to a general purpose lease; and
(b)	in subsection (1)(ca)(ii) “and a mineralisation report prepared by a qualified person” were deleted.

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Part 10	Other amendments to the Mining Act 1978
s. 92

(3)	Section 75 applies, with such modifications as the circumstances require, to and in relation to a general purpose lease as if —

(a)	a reference in that section to a mining lease were a reference to a general purpose lease; and
(b)	the amendments made to that section by section 31 of the Mining Amendment Act 2004 had not come into operation.

(4)

Sections 76, 79, 80, 82A, 83, 84, 84A, 104 and 105 apply, with such modifications as the circumstances require, to and in relation to a general purpose lease as

if a reference in those sections to a mining lease were a

reference to a general purpose lease.

”.

92. Section 95 amended

Section 95(2) is repealed.

93. Section 96 amended

Section 96(2)(bb) is amended by inserting after “52(1a)” —

“ , 55B(2) or 115B(2) ”.

94. Section 102 amended

(1)	Section 102(2)(h) is deleted and the following paragraph is inserted instead —

“

(h) that —

(i)	mining tenements (“combined reporting tenements”) the subject of

the mining tenement is one of 2 or more section 115A(4) for the filing of

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Other amendments to the Mining Act 1978

Part 10

s. 95

combined mineral exploration reports;

and

(ii) the aggregate exploration expenditure for the combined reporting tenements would have been such as to satisfy the expenditure requirements for the mining

tenement concerned had that aggregate

exploration expenditure been

apportioned between the combined

reporting tenements.

”.

(2)	After section 102(2) the following subsection is inserted —

“

(2a)	In subsection (2)(h) —
“aggregate exploration expenditure” means

expenditure —

(a)	on, or in connection with, exploration for minerals on the combined reporting tenements; and
(b)	worked out in a manner specified in the regulations.

”.

95. Section 105A amended

Section 105A(4)(b) is amended as follows:

(a)	in subparagraph (i) by inserting after “subparagraph” —

“ (ia), ”;

(b)	after subparagraph (i) by inserting the following subparagraph —

“

(ia)	where the land concerned is land to which section 65(6) applies, lodging

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Part 10	Other amendments to the Mining Act 1978
s. 96

that application at the office of the

mining registrar;

”.

96. Sections 114B and 114C inserted

After section 114A the following sections are inserted —

“

114B.

Continuation of liability after expiry, surrender or

forfeiture of mining tenement

The expiry, surrender or forfeiture of a mining

tenement does not affect the liability of the person who

was the holder of the mining tenement immediately

before its expiry, surrender or forfeiture —

(a)	to pay any rent, fee, royalty, penalty, or other money on any other account, payable on or before the date of expiry, surrender or forfeiture under or in relation to the mining tenement;
(b)	to comply with any obligation imposed on or before that date under or in relation to the mining tenement; or
(c)	for any act done or default made on or before that date under or in relation to the mining tenement.

114C.

Right to enter land to carry out remedial work after

expiry, surrender or forfeiture of mining tenement

(1)	In this section —
“former holder”, in relation to a mining tenement,

means the person who was the holder of the

mining tenement immediately before its expiry,

surrender or forfeiture;

“remedial work” means work necessary for

compliance by the former holder of a mining

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Other amendments to the Mining Act 1978

Part 10

s. 97

tenement with an obligation referred to in

section 114B(b).

(2)

Where a mining tenement expires or is surrendered or

forfeited, the former holder of the mining tenement

may enter and re-enter the land that was the subject of

the mining tenement with such agents, employees,

vehicles, machinery and equipment as may be

necessary or expedient for the purpose of carrying out

remedial work on that land.

”.

97. Section 115B inserted and consequential amendments

(1)	After section 115A the following section is inserted —

“

115B.

Verification of expenditure amounts in

operations reports

(1)	In this section —
“audit amount” means the amount of expenditure

shown in an audit statement;

“audit statement” means a statement containing

details of expenditure during the period to which

an operations report relates;

“expenditure” means expenditure on or in connection

with mining on a mining tenement;

“expenditure amount” means the amount of expenditure during the period to which an operations report relates;

“operations report” has the meaning given to that

term in section 115A(1).

(2)	For the purpose of verifying the expenditure amount shown in an operations report, the Minister may, by notice in writing, require the holder of a mining

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Other amendments to the Mining Act 1978

s. 97

tenement to file an audit statement, or cause an audit

statement to be filed, with the Department at Perth

within a period specified in the notice.

(3)	An audit statement is to be prepared and signed by —

(a)	a person registered as an auditor, or taken to be registered as an auditor, under Part 9.2 of the Corporations Act; or
(b)	another suitably qualified person approved by the Minister for the purposes of this section.

(4)	If the audit amount differs from the expenditure amount shown in the operations report, the Minister may determine in writing that the audit amount is to be regarded as the expenditure amount for the purposes of this Act.

”.

(2)	Section 70K is amended as follows:

(a)	after paragraph (c) by deleting “or”;
(b)

after paragraph (d) by deleting the full stop and “

; or

(e)	the holder of the licence fails to comply with a notice under section 115B(2) requiring that person to file an audit statement or cause an audit statement to be filed.

”.

(3)

Section 82(1)(g) is amended by inserting before “in relation to

the lease” —

“ or 115B(2) ”.

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Other amendments to the Mining Act 1978

Part 10

s. 98

98. Section 118A inserted and validation and transitional provisions

(1)	After section 118 the following section is inserted —

“

118A.

Tenement holder may authorise mining by third

party

(1)	In this section —
“authorisation” means an authorisation under

subsection (2).

(2)	The holder of a prospecting licence, exploration licence or mining lease (the “relevant tenement”) may, by instrument in writing, authorise another person to carry out mining of a kind authorised by the relevant tenement on the land the subject of the relevant tenement.
(3)	An authorisation may be given subject to conditions specified in the authorisation.
(4)	Mining carried out under an authorisation is to be regarded for the purposes of this Act as mining carried out by the holder of the relevant tenement.
(5)	Expenditure on or in connection with mining carried out under an authorisation is to be regarded for the purposes of the prescribed expenditure conditions referred to in section 50, 62 or 82(1)(c) as expenditure by the holder of the relevant tenement.
(6)	The giving of an authorisation does not affect the duties or obligations of the holder of the relevant tenement under this Act.

”.

(2)	A mining authorisation given before the commencement is, and is to be taken to have always been, as valid and effective as it

Mining Amendment Act 2004

Part 10	Other amendments to the Mining Act 1978
s. 99

would have been if the amendment made by subsection (1) had

been in effect at the time it was given.

(3)	On and after the commencement an existing mining authorisation is be treated as an authorisation under section 118A(2) of the Mining Act 1978 as inserted by
subsection (1).
(4)	In subsections (2) and (3) —
“commencement” means the commencement of this section;
“existing mining authorisation” means a mining authorisation

in force immediately before the commencement;

“mining authorisation” means an instrument in writing under

which the holder of a prospecting licence, exploration carry out mining of the kind authorised by the licence or lease on the land the subject of the licence or lease.

licence or mining lease (as those terms are defined in the

99. Section 120AA inserted

After section 120 the following section is inserted in Part V —

“

120AA. Scheme for reversion licence applications

(1)	In this section —
“amending Act” means an Act that amends this Act;
“continued licence” means —

(a)	a prospecting licence continued in force under section 49(2);
(b)	an exploration licence continued in force under section 67(2); or
(c)	a retention licence continued in force under section 70L(2);

Mining Amendment Act 2004

Other amendments to the Mining Act 1978

Part 10

s. 99

“lease application” means an application for a mining

lease under this Act including an application authorised by section 49(1), 67(1) or 70L(1);

“reversion licence application” means an application for a prospecting licence or an exploration licence under this Act.

(2)

The Governor, by order published in the Gazette, may establish a scheme authorising any person who, on or before a day specified in the order, has made a lease

application or lease applications to make one or more

reversion licence applications in respect of land the

subject of the lease application or lease applications.

(3)

An order under subsection (2) may provide for and in

relation to —

(a)	the making of reversion licence applications and related matters including marking out and advertising;
(b)	the operation and effect of a reversion licence application including its effect on —

(i) the lease application or lease applications to which it relates; and

(ii) any continued licence held by the applicant;

(c)

priority as between reversion licence applications;

(d)	the circumstances in which objections may be made to reversion licence applications;
(e)	the operation and effect of prospecting licences and exploration licences granted as a result of reversion licence applications;
(f)	the refund of rent paid in respect of a lease application or lease applications if a

Mining Amendment Act 2004

Part 10	Other amendments to the Mining Act 1978
s. 100

prospecting licence or an exploration licence is

granted as a result of a reversion licence

application; and

(g)	any other matters of an incidental, supplementary, savings or transitional nature that are necessary or expedient for the purposes of the scheme referred to in subsection (2).

(4)	Without limiting subsection (3), an order under subsection (2) may provide for a reversion licence application to include land that is not the subject of the relevant lease application or lease applications.
(5)	An order under subsection (2) has effect for the period specified in the order.
(6)	The Governor, by order published in the Gazette, may amend or revoke an order under subsection (2).
(7)	Section 42 of the Interpretation Act 1984 applies to an order under this section as if it were a regulation.

”.

100. Section 162 amended

(1)	Section 162(2) is amended as follows:

(a)	after paragraph (g) by inserting the following paragraphs —

“

(ga)

prescribe grounds for extension for the

purposes of section 45(1a) and 61(2);

(gb)

prescribe grounds for deferral for the purposes

of section 65(3a);

”;

(b)	in paragraph (k) by deleting “and records” and inserting instead —

“ , and the keeping and furnishing of records, ”.

Mining Amendment Act 2004

Other amendments to the Mining Act 1978	Part 10
s. 101

(2)	After section 162(2) the following subsection is inserted —

“

(2a)	Subsection (2)(x) applies to information irrespective of when —

(a)	any application or report containing the information was made or given; or
(b)	the information was supplied to the Minister, a warden or an official,

as the case may be.

”.

101. Section 163 inserted

After section 162 the following section is inserted —

“

163. Review of Act

(1)

The Minister is to carry out a review of the operation

and effectiveness of this Act as amended by the Mining

Amendment Act 2004 within 6 months after the fifth

anniversary of the day on which that Act received the

Royal Assent.

(2)

The Minister is to prepare a report based on the review

and, as soon as is practicable after the report is

prepared, is to cause the report to be laid before each

House of Parliament.

”.

Mining Amendment Act 2004

Part 11	Mining Amendment Act 1996 amended
s. 102

Part 11 — Mining Amendment Act 1996 amended

102. The Act amended

The amendments in this Part are to the Mining Amendment

Act 1996*.

[* Act No. 54 of 1996.]

103. Section 15 amended

Section 15 is amended as follows:

(a)	in proposed section 103C(8) by inserting before “estate” —

“ legal ”;

(b)	by deleting proposed section 103E and inserting the following section instead —

“

103E.

Priority of dealings

Dealings affecting the same mining tenement take

priority according to the date and time of their

registration.

”.

104. Section 18 amended

Section 18 is amended as follows:

(a)

by deleting proposed section 122A(2)(a), and “and” after it, and inserting instead —

“

(a)	the holder of a mining tenement has entered into an agreement with another person relating to —

(i) the sale of the holder’s interest in the mining tenement; or

Mining Amendment Act 2004

Mining Amendment Act 1996 amended	Part 11
s. 104

(ii) any other matter connected with the holder’s interest in the mining tenement;

and

”;

(b)	in proposed section 122A(6) by deleting “by leave” and inserting instead —

“ with the consent ”;

(c)	in proposed section 122D(1) —

(i) by deleting “to”; and

(ii) by deleting “upon the order” and inserting instead —

“ with the consent ”;

(d)	in proposed section 122E(1)(a) by deleting “order” and inserting instead —

“ direction ”;

(e)	in proposed section 122E(1)(c) by deleting “orders.” and inserting instead —

“ directs. ”;

(f)	in proposed section 122E(2)(a) by deleting “order” and inserting instead —

“ direction ”.

Mining Amendment Act 2004

Part 12	Transitional regulations
s. 105

Part 12 — Transitional regulations

105. Further transitional provisions may be made

(1)	In this section —
“amending provision” means a provision of this Act;
“commencement” means the commencement of this section;
“specified” means specified or described in the regulations;
“transitional matter” means a matter that needs to be dealt with for the purpose of effecting the transition from the Mining Act 1978 as in force before an amending provision

comes into operation to that Act as in force after the

amending provision comes into operation, and includes a

savings or application matter.

(2)	If there is no sufficient provision in this Act for dealing with a transitional matter, regulations may be made under the Mining Act 1978 prescribing all matters that are required, necessary or convenient to be prescribed in relation to the transitional matter.
(3)	Regulations referred to in subsection (2) may provide that specified provisions of this Act or the Mining Act 1978 —

(a)	do not apply; or
(b)	apply with specified modifications,

to or in relation to any matter.

(4)

Regulations referred to in subsection (2) must be made within

12 months after the commencement.

(5)

If regulations referred to in subsection (2) provide that a

specified state of affairs is to be taken to have existed, or not to

have existed, on and from a day that is earlier than the day on

which the regulations are published in the Gazette but not

earlier than the commencement, the regulations have effect

according to their terms.

Mining Amendment Act 2004

Transitional regulations	Part 12
s. 105

(6)	If regulations contain a provision referred to in subsection (5), the provision does not operate so as to —

(a)	affect in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the day of publication of those

regulations; or

(b)	impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the day of publication of those

regulations.