Mining Amendment Act 2005 (WA)
Western Australia
Mining Amendment Act 2005
Western Australia
Mining Amendment Act 2005
CONTENTS
| 1. | Short title | 1 |
| 2. | Commencement | 2 |
| 3. | The Act amended | 2 |
| 4. | Section 8 amended | 2 |
| 5. | Section 43 amended | 2 |
| 6. | Section 56A amended | 3 |
| 7. | Section 57 amended | 4 |
| 8. | Section 63A amended | 4 |
| 9. | Section 65 amended | 4 |
| 10. | Section 70 amended | 4 |
| 11. | Section 120AA amended | 5 |
Western Australia
Mining Amendment Act 2005
No. 27 of 2005
An Act to amend the Mining Act 1978.
[Assented to 12 December 2005]
The Parliament of Western Australia enacts as follows:
1. Short title
This is the Mining Amendment Act 2005.
Mining Amendment Act 2005
s. 2
2. Commencement
| (1) | Except as stated in subsections (2), (3), (4) and (5), this Act comes into operation on a day fixed by proclamation. |
| (2) | Section 5 comes into operation immediately after section 4 of the Mining Amendment Act 2004 comes into operation. |
| (3) | Section 8 comes into operation immediately after section 89 of the Mining Amendment Act 2004 comes into operation. |
| (4) | Section 9 comes into operation immediately after section 16 of the Mining Amendment Act 2004 comes into operation. |
| (5) | Section 11 comes into operation immediately after section 99 of the Mining Amendment Act 2004 comes into operation. |
3. The Act amended
The amendments in this Act are to the Mining Act 1978*.
[* Reprinted as at 7 September 2001.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 294-5.]
4. Section 8 amended
| Section 8(1) is amended by inserting in the appropriate alphabetical position — “ |
“reversion licence application” means a reversion
licence application authorised by an order under
section 120AA(2);
”.
5. Section 43 amended
Section 43(2) is amended as follows:
| (a) | by inserting after “special prospecting licence” — |
Mining Amendment Act 2005
s. 6
“ granted ”;
| (b) | by inserting after “section 56A” — |
“ , 70 or 85B ”;
| (c) | by inserting after “section 56B” — |
“ or a reversion licence application ”.
6. Section 56A amended
| (1) | Section 56A(1)(b) is amended by inserting after “case,” — |
| “ unless subsection (1aa) applies, ”. | |
| (2) | After section 56A(1) the following subsection is inserted — |
“
| (1aa) | If the primary tenement was granted as a result of an application under section 56B or a reversion licence application, a special prospecting licence may be |
| marked out and applied for at any time after the date on which the primary tenement was granted. |
”.
| (3) | Section 56A(12) is amended as follows: |
| (a) | after paragraph (a) by deleting “or”; |
| (b) | application for a special prospecting licence or the special prospecting licence, as the case requires; |
by deleting “special prospecting licence.” at the end of “
|
Mining Amendment Act 2005
s. 7
special prospecting licence or the special
prospecting licence, as the case requires; or
| (d) | prior to the surrender, forfeiture or expiry of the primary tenement the holder of the primary tenement makes a reversion licence application and a prospecting licence or an exploration licence is granted as a result of that application in respect of any land the subject of the application for a special prospecting licence or the special prospecting licence, as the case requires. |
”.
7. Section 57 amended
After section 57(2e) the following subsection is inserted —
“
| (2ea) | Where the application for the exploration licence is a reversion licence application, the reference in subsection (2e) to a current mining tenement does not include a continuing licence as defined in section 120AA(1). |
”.
8. Section 63A amended
| Section 63A(aa) is amended by inserting a comma after “60(1a)”. |
9. Section 65 amended
| Section 65(1) is amended in paragraph (b) of the definition of “surrender day” by deleting “(3c)” and inserting instead — |
“ (3d) ”.
10. Section 70 amended
| (1) | Section 70(1)(b) is amended by inserting after “case,” — |
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s. 11
“ unless subsection (1aa) applies, ”.
| (2) | After section 70(1) the following subsection is inserted — |
“
| (1aa) | If the primary tenement was granted as a result of a reversion licence application, a special prospecting licence may be marked out and applied for at any time |
| after the date on which the primary tenement was granted. |
”.
| (3) | Section 70(12) is amended as follows: |
| (a) | after paragraph (a) by deleting “or”; |
| (b) | application for a special prospecting licence or the special prospecting licence, as the case requires; or |
by deleting “special prospecting licence.” at the end of “
|
”.
11. Section 120AA amended
| (1) | Section 120AA(1) is amended as follows: |
| (a) | by deleting the definitions of “amending Act” and “reversion licence application”; |
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s. 11
| (b) | by deleting the definition of “continued licence” and inserting instead — |
“
“continuing licence” means a prospecting licence, exploration licence or retention licence that has effect in relation to land to which a reversion
licence application applies;
”;
| (c) | by deleting the semicolon at the end of the definition of “lease application” and inserting a full stop instead. |
| (2) | Section 120AA(2) is amended by deleting “reversion licence applications” and inserting instead — “ |
applications for a prospecting licence or an
exploration licence
”.
| (3) | Section 120AA(3)(b)(ii) is amended by deleting “continued” and inserting instead — |
| “ continuing ”. | |
| (4) | After section 120AA(7) the following subsections are inserted — |
“
| (8) | An order under subsection (2) has effect despite any other provision of this Act. |
| (9) | Despite sections 18, 23 and 27, a reversion licence application may be made in respect of land that is the subject of a mining tenement if the mining tenement is a continuing licence held by the applicant. |
| (10) | Section 40(1)(b) or (c) of the Mining Amendment Act 1990 does not apply if the land that has become |
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available from an existing licence, as defined in section 40(3) of that Act, has been included in a
reversion licence application and a prospecting licence
is granted in respect of that application.
”.
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