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This is a Bill, not an Act. For current law, see the Acts databases.


MINING AMENDMENT BILL 2001

                      Western Australia


        Mining Amendment Bill 2001

                        CONTENTS

1.    Short title                          1
2.    Commencement                         2
3.    The Act amended                      2
4.    Section 8 amended                    2
5.    Section 20 amended                   4
6.    Section 43 inserted                  4
7.    Section 44 amended                   4
8.    Section 45 amended                   5
9.    Section 56A amended                  5
10.   Section 57 amended                   6
11.   Section 58 amended                   6
12.   Section 65 amended                   6
13.   Section 67A amended                  7
14.   Section 69 amended                   8
15.   Section 70 amended                   8
16.   Section 85A amended                  9
17.   Section 85B amended                 10
18.   Section 91 amended                  10
19.   Section 94A amended                 10
20.   Section 95A inserted                11
21.   Section 96 amended                  11
22.   Section 100 amended                 12
23.   Section 101 amended                 13
24.   Section 102 amended                 13
25.   Section 102A amended                13
26.   Section 105A amended                13
27.   Section 140 amended                 14
28.   Various penalties amended           14




                                          page i
                           56--1
                           Western Australia


                      LEGISLATIVE ASSEMBLY



              Mining Amendment Bill 2001


                               A Bill for


An Act to amend the Mining Act 1978.



The Parliament of Western Australia enacts as follows:


1.      Short title
        This Act may be cited as the Mining Amendment
        Act 2001.




                                                         page 1
     Mining Amendment Bill 2001



     s. 2




     2.         Commencement
          (1)   This Act, other than section 23, comes into operation on a day
                fixed by proclamation.
          (2)   Different days may be fixed under subsection (1) for different
5               provisions.
          (3)   Section 23 is deemed to have come into operation immediately
                after the Corporations Act 2001 of the Commonwealth came
                into operation.

     3.         The Act amended
10              The amendments in this Act are to the Mining Act 1978*.
                [* Reprinted as at 7 September 2001.]

     4.         Section 8 amended
          (1)   Section 8(1) is amended as follows:
                 (a) by deleting the definition of "minerals" and inserting the
15                     following definition instead --
                "
                     "minerals" means naturally occurring substances
                        obtained or obtainable from any land by mining
                        operations carried out on or under the surface of
20                      the land, but does not include --
                        (a) soil;
                        (b) a substance the recovery of which is
                               governed by the Petroleum Act 1967 or the
                               Petroleum (Submerged Lands) Act 1982;
25                      (c) a meteorite as defined in the Museum
                               Act 1969; or
                        (d) any of the following substances if it occurs
                               on private land --
                              (i) limestone, rock or gravel;

     page 2
                                                        Mining Amendment Bill 2001



                                                                                    s. 4



                                  (ii)   shale, other than oil shale;
                                 (iii)   sand, other than mineral sand, silica
                                         sand or garnet sand; or
                                 (iv)    clay, other than kaolin, bentonite,
5                                        attapulgite or montmorillonite;
                                                                                      ";
                   (b)    in the definition of "mining registrar" by deleting "the
                          office of Director, Mining Registration Division, of "
                          and inserting instead --
10                        " a prescribed office or position in ";
                   (c)    by inserting in the appropriate alphabetical position the
                          following definition --
               "
                         "related" has a meaning affected by subsection (4);
15                                                                                    ".
     (2)       After section 8(3) the following subsection is inserted --
           "
               (4)       For the purposes of this Act a person is related to --
                          (a) an individual, if the person is --
20                                  (i) the spouse or de facto spouse (as
                                         defined in section 9 of the Corporations
                                         Act);
                                   (ii) a parent or remoter linear ancestor;
                                  (iii) a son, daughter or remoter issue; or
25                                (iv) a brother or sister,
                                 of the individual; and
                          (b) a body corporate, if the person is a related
                                 entity (as defined in section 9 of the
                                 Corporations Act) in relation to the body
30                               corporate.
                                                                                      ".


                                                                                 page 3
     Mining Amendment Bill 2001



     s. 5



     5.           Section 20 amended
                  Section 20(5) is amended by deleting "unless the warden in
                  relation to any land other than land referred to in paragraph (c)
                  by order otherwise directs, but" and inserting instead --
5                 "
                          unless --
                           (ea) the warden in relation to any land other than
                                 land referred to in paragraph (c) by order
                                 otherwise directs; or
10                         (eb) in the case of mining, it is carried out not less
                                 than 30 metres below the lowest part of the
                                 natural surface of the land,
                          but
                                                                                      ".
15   6.           Section 43 inserted
                  After section 42 the following section is inserted --
     "
            43.           Prospecting licence not to include land already the
                          subject of a mining tenement
20                (1)     Where an application for a prospecting licence relates
                          to land that is, or was when the application was made,
                          the subject of a mining tenement, any prospecting
                          licence granted in respect of that application shall not
                          include that land.
25                (2)     Subsection (1) does not apply in relation to a special
                          prospecting licence under section 56A.
                                                                                      ".

     7.           Section 44 amended
                  Section 44 is amended by deleting "A" and inserting instead --
30                "     Subject to section 43, a   ".

     page 4
                                                            Mining Amendment Bill 2001



                                                                                       s. 8



     8.              Section 45 amended
                     Section 45(2) is amended as follows:
                       (a) after paragraph (a) by deleting "or";
                      (b) after paragraph (b) by deleting the comma and
5                           inserting --
                              "
                                     ; or
                               (c)   by or on behalf of any person who is related to
                                     a person referred to in paragraph (a) or (b),
10                                                                                      ".
     9.              Section 56A amended
          (1)        Section 56A(1) is amended as follows:
                      (a) by deleting "and whether or not the primary tenement is
                            converted into a retention licence or a mining lease
15                          pending the determination of the application for a
                            special prospecting licence";
                      (b) in paragraphs (a) and (b) by deleting "prospecting
                            licence" and in each case inserting instead --
                            " primary tenement ".
20        (2)        After section 56A(9) the following subsection is inserted --
                "
                    (9a)     Where, before the determination of an application for a
                             special prospecting licence in respect of land, the
                             primary tenement is surrendered or forfeited or expires,
25                           the application is, by virtue of this subsection,
                             converted into an application for a prospecting licence
                             in respect of that land and the provisions of this Act
                             relating to such applications apply accordingly.
                                                                                        ".
30        (3)        Section 56A(12) is amended by deleting "Subsection (10) does"
                     and inserting instead --
                     "     Subsections (9a) and (10) do   ".

                                                                                  page 5
     Mining Amendment Bill 2001



     s. 10



     10.             Section 57 amended
                     Section 57(2e) is amended by inserting after "tenement" --
                     "     (other than a miscellaneous licence)   ".

     11.             Section 58 amended
5          (1)       Section 58(1)(b)(iv) is amended by inserting after "and" --
                     "     , subject to subsection (1aa),   ".
           (2)       After section 58(1) the following subsection is inserted --
                 "
                  (1aa)      The statement under subsection (1)(b) does not have to
10                           specify the financial resources available to the
                             applicant if --
                               (a) the applicant is a natural person;
                               (b) the application is in respect of not more than
                                     4 blocks; and
15                             (c) the statement specifies that the applicant
                                     intends to utilise his or her own labour to carry
                                     out the programme of work referred to in
                                     subsection (1)(b)(ii).
                                                                                         ".

20   12.             Section 65 amended
                     Section 65(6) is repealed and the following subsection is
                     inserted instead --
                 "
                     (6)     Notwithstanding that a surrender has taken effect under
25                           this section any land the subject of the surrender shall
                             not be --
                               (a) marked out in connection with a mining
                                     tenement unless and until notification has been
                                     given in the prescribed manner of the proposed


     page 6
                                                           Mining Amendment Bill 2001



                                                                                      s. 13



                                    endorsement of plans for the purposes of
                                    paragraph (b); or
                              (b)   included in an application for a mining
                                    tenement unless and until the plans referred to
5                                   in subsection (5) have been endorsed in the
                                    prescribed manner.
                                                                                         ".

     13.              Section 67A amended
           (1)        Section 67A(2) is amended by deleting the passage beginning
10                    "secondary tenement --" and ending "any other person." and
                      inserting instead --
                      "
                            secondary tenement was surrendered or forfeited, or
                            expired, after the application for the exploration licence
15                          was made but before the exploration licence was
                            granted.
                                                                                         ".
           (2)        Section 67A(3) is amended by deleting the passage beginning
                      "secondary tenement --" and ending "any other person." and
20                    inserting instead --
                      "
                            secondary tenement is surrendered or forfeited, or
                            expires.
                                                                                         ".
25         (3)        After section 67A(6) the following subsection is inserted --
                 "
                     (6a)   Section 105A applies, with all necessary changes, in
                            relation to a person who makes an application under
                            subsection (2) or (3) as if a reference in that section --
30                            (a) to an applicant included a reference to such a
                                    person;



                                                                                  page 7
     Mining Amendment Bill 2001



     s. 14



                        (b)   to an application for a mining tenement
                              included a reference to an application under
                              subsection (2) or (3);
                        (c)   to compliance with the initial requirement
5                             included, in relation to an application under
                              subsection (2) or (3), a reference to lodging the
                              application at the office of the mining registrar.
                                                                                   ".

     14.         Section 69 amended
10               Section 69(1) is amended by deleting the passage beginning
                 "exploration licence by" and ending "that date." and inserting
                 instead --
                 "
                      exploration licence --
15                      (a) by or on behalf of the person who was the
                             holder of the exploration licence immediately
                             prior to the date of the surrender, forfeiture or
                             expiry;
                        (b) by or on behalf of any person who had an
20                           interest in the exploration licence immediately
                             prior to that date; or
                        (c) by or on behalf of any person who is related to
                             a person referred to in paragraph (a) or (b),
                      within a period of 3 months from and including that
25                    date.
                                                                                   ".

     15.         Section 70 amended
           (1)   Section 70(1) is amended by deleting "and whether or not the
                 primary tenement is converted into a retention licence or a
30               mining lease pending the determination of the application for a
                 special prospecting licence".


     page 8
                                                              Mining Amendment Bill 2001



                                                                                         s. 16



           (2)        After section 70(9) the following subsection is inserted --
                 "
                     (9a)     Where, before the determination of an application for a
                              special prospecting licence in respect of land, the
5                             primary tenement is surrendered or forfeited or expires,
                              the application is, by virtue of this subsection,
                              converted into an application for a prospecting licence
                              in respect of that land and the provisions of this Act
                              relating to such applications apply accordingly.
10                                                                                          ".
           (3)        Section 70(12) is amended by deleting "Subsection (10) does"
                      and inserting instead --
                      "     Subsections (9a) and (10) do    ".
           (4)        Section 70 is amended in the provisions listed in the Table to
15                    this subsection by deleting "exploration licence" and inserting
                      instead --
                      "     primary tenement    ".
                                                 Table
                          subsection (1)(a)              subsection (4)
                          subsection (1)(b)              subsection (5)
                          subsection (2)                 subsection (6)(c) (2 places)
                          subsection (3)                 subsection (8)(a)

     16.              Section 85A amended
20                    Section 85A(1) is amended as follows:
                        (a) after paragraph (a) by deleting "or";
                       (b) after paragraph (b) by deleting the comma and
                             inserting --
                               "
25                                    ; or
                                (c)   any person who is related to a person referred
                                      to in paragraph (a) or (b),
                                                                                            ".

                                                                                        page 9
     Mining Amendment Bill 2001



     s. 17



     17.              Section 85B amended
           (1)        Section 85B(1) is amended by deleting "and whether or not the
                      primary tenement is converted into a retention licence pending
                      the determination of the application for a special prospecting
5                     licence".
           (2)        After section 85B(9) the following subsection is inserted --
                 "
                     (9a)     Where, before the determination of an application for a
                              special prospecting licence in respect of land, the
10                            primary tenement is surrendered or forfeited or expires,
                              the application is, by virtue of this subsection,
                              converted into an application for a prospecting licence
                              in respect of that land and the provisions of this Act
                              relating to such applications apply accordingly.
15                                                                                       ".
           (3)        Section 85B(12) is amended by deleting "Subsection (10) does"
                      and inserting instead --
                      "     Subsections (9a) and (10) do      ".

     18.              Section 91 amended
20                    Section 91(9) is amended by deleting "at least 10 days before
                      that determination" and inserting instead --
                      "     within the prescribed time   ".

     19.              Section 94A amended
           (1)        Section 94A(1) is amended by inserting after "27" --
25                    "     , 43 ".
           (2)        Section 94A(2) is amended by inserting after "section" --
                      "     43 or   ".



     page 10
                                                     Mining Amendment Bill 2001



                                                                              s. 20



     20.        Section 95A inserted
                After section 95 the following section is inserted --
     "
           95A.       Exploration licence - surrender of part of block
5               (1)   In this section --
                      "block" has the same meaning as it has in Part IV
                           Division 2.
                (2)   The holder of an exploration licence shall not, under
                      section 95(1), surrender part of a block that is subject
10                    to the licence without the prior approval of the Minister
                      or an officer of the Department authorised by the
                      Minister to give such approval.
                (3)   Where part of a block that is subject to an exploration
                      licence is surrendered under section 95(1), the rest of
15                    the block that remains subject to the licence is deemed
                      to be a block for the purposes of this Act.
                                                                                  ".

     21.        Section 96 amended
                After section 96(3a) the following subsection is inserted --
20         "
               (3b)   Where --
                       (a) a prospecting licence that is the subject of an
                            application for forfeiture under this section has
                            continued in force under section 49(2) or
25                          70C(6) pending the determination of an
                            application referred to in that section (the
                            "tenement application");
                       (b) the applicant for forfeiture is not the Minister, a
                            mining registrar or an officer of the Department
30                          authorised in writing by the Minister; and



                                                                          page 11
     Mining Amendment Bill 2001



     s. 22



                         (c)   the tenement application is withdrawn in
                               accordance with the regulations before the
                               application for forfeiture is dealt with by the
                               warden,
5                       the applicant for forfeiture has, from the date on which
                        the tenement application is withdrawn until the expiry
                        of a period of 14 days after the date of being served
                        with written notice of the withdrawal by an officer of
                        the Department, a right in priority to any other person
10                      to mark out or apply for, or both, a mining tenement
                        upon the whole or any part of the land that was the
                        subject of the prospecting licence.
                                                                                   ".
     22.          Section 100 amended
15                After section 100(1) the following subsection is inserted --
             "
                 (1a)   Where --
                         (a) an exploration licence or a mining lease that is
                              the subject of an application for forfeiture under
20                            section 98 has continued in force under
                              section 67(2) or 70C(6) pending the
                              determination of an application referred to in
                              section 67(2) or 70C(6), as the case requires
                              (the "tenement application"); and
25                       (b) the tenement application is withdrawn in
                              accordance with the regulations before the
                              application for forfeiture is dealt with by the
                              warden,
                        the applicant for forfeiture has, from the date on which
30                      the tenement application is withdrawn until the expiry
                        of a period of 14 days after the date of being served
                        with written notice of the withdrawal by an officer of
                        the Department, a right in priority to any other person
                        to mark out or apply for, or both, a mining tenement

     page 12
                                                            Mining Amendment Bill 2001



                                                                                      s. 23



                              upon the whole or any part of the land that was the
                              subject of the licence or lease.
                                                                                         ".
     23.              Section 101 amended
5                     Section 101(2) is amended as follows:
                        (a) by deleting "417B" and inserting instead --
                             " 471B ".
                       (b) by inserting after "winding" --
                             " up ".
10   24.              Section 102 amended
           (1)        Section 102(1) is amended by inserting after "an application" --
                      "     (an "application for exemption")     ".
           (2)        After section 102(1) the following subsection is inserted --
                 "
15                   (1a)     An application for exemption may relate to more than
                              one mining tenement.
                                                                                         ".
           (3)        Section 102(5) is amended by deleting "a certificate of ".
     25.              Section 102A amended
20                    After section 102A(1) the following subsection is inserted --
                 "
                     (1a)     An application referred to in subsection (1) may relate
                              to more than one exploration licence.
                                                                                         ".
25   26.              Section 105A amended
                      After section 105A(5) the following subsection is inserted --
                 "
                      (6)     For the purposes of subsection (5) an application for a
                              mining tenement is to be taken to have been lodged by

                                                                                    page 13
     Mining Amendment Bill 2001



     s. 27



                       or on behalf of a party if it is lodged by or on behalf of
                       a person who is related to that party.
                                                                                          ".

     27.         Section 140 amended
5                After section 140(5) the following subsection is inserted --
             "
                 (6)   A warrant of execution issued for the purposes of this
                       section may be directed to a bailiff of a warden's court
                       or Local Court.
10                                                                                        ".

     28.         Various penalties amended
                 The provisions listed in the Table to this section are amended as
                 set out in that Table.
                                             Table
                 Provision amended                          Amendment

                 s. 82(2)                Delete "$5 000", insert instead --
                                         " $50 000 ".
                 s. 96(3)(a)             Delete "tenement, not exceeding
                                         $5 000;", insert instead --
                                         "
                                               tenement --
                                                      (i)    not exceeding
                                                             $10 000, in a case
                                                             where expenditure
                                                             conditions have not
                                                             been complied with;
                                                     (ii)    not exceeding
                                                             $50 000, in any other
                                                             case;
                                                                                     ".


     page 14
                             Mining Amendment Bill 2001



                                                      s. 28



s. 96A(5)(a)   Delete "$5 000", insert instead --
               " $50 000 ".
s. 97(5)(a)    Delete "$5 000", insert instead --
               " $50 000 ".
s. 98(4)(a)    Delete "$5 000", insert instead --
               " $10 000 ".
s. 99(1)(b)    Delete "$5 000", insert instead --
               " $10 000 ".
s. 154(2)      Delete "$5 000", insert instead --
               " $10 000 ".
               Delete "$500", insert instead --
               " $1 000 ".
s. 155(1)      Delete "$10 000", insert instead --
               " $100 000 ".
               Delete "$1 000", insert instead --
               " $10 000 ".
s. 157         Delete "$5 000", insert instead --
               " $10 000 ".
s. 162(3)      Delete "$5 000", insert instead --
               " $10 000 ".




 


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