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


MINING AMENDMENT BILL 2012

                     Western Australia


      Mining Amendment Bill 2012

                        CONTENTS


      Part 1 -- Preliminary
1.    Short title                                                  2
2.    Commencement                                                 2
      Part 2 -- Mining Act 1978 amended
3.    Act amended                                                  3
4.    Section 5 amended                                            3
5.    Section 8 amended                                            3
6.    Section 15 amended                                           4
7.    Section 18 amended                                           5
8.    Section 20 amended                                           5
9.    Sections 20A, 20B and 20C deleted                            5
10.   Section 21 amended                                           5
11.   Part III Division 2 heading amended                          5
12.   Section 23 replaced                                          6
      23.       Mining on public reserves etc. and
                Commonwealth land                             6
13.   Section 25A inserted                                         6
      25A.      Mining on Commonwealth land                   6
14.   Section 26 amended                                           7
15.   Part IIIA inserted                                           8
      Part IIIA -- Miner's rights and related permits
      40A.      Terms used                                    8
      40B.      Conservation land                             8
      40C.      Issue of miner's right                        9
      40D.      Authorisation under miner's right             9
      40E.      Permit to prospect on Crown land or
                conservation land subject of exploration
                licence                                      12
      40F.      Power to remove Crown land or
                conservation land from operation of s. 40E   13



                          294--1                                   page i
Mining Amendment Bill 2012



Contents



             40G.      Limitation on actions in tort               14
      16.    Section 46 amended                                         14
      17.    Section 56A amended                                        15
      18.    Section 56B amended                                        15
      19.    Section 63 amended                                         15
      20.    Section 65 amended                                         15
      21.    Section 70 amended                                         17
      22.    Section 70H amended                                        17
      23.    Section 74 amended                                         17
      24.    Section 82 amended                                         18
      25.    Section 82A amended                                        19
      26.    Section 91 amended                                         19
      27.    Section 93 amended                                         19
      28.    Section 96 amended                                         19
      29.    Section 96A amended                                        20
      30.    Section 97 amended                                         20
      31.    Section 104 amended                                        20
      32.    Section 105 amended                                        20
      33.    Section 112 amended                                        21
      34.    Section 116 amended                                        21
      35.    Section 154 amended                                        21
      36.    Section 155 amended                                        22
      37.    Section 156 amended                                        22
      38.    Section 160 amended                                        22
      39.    Section 160B replaced                                      23
             160B.     Time limit for prosecution action           23
      40.    Section 162B inserted                                      23
             162B.     Extension of prescribed period or time      23
      41.    Section 162 amended                                        23
      42.    Second Schedule Division 1 heading inserted                24
             Division 1 -- Provisions relating to transition from
                    repealed Act
      43.    Second Schedule Division 2 inserted                        24
             Division 2 -- Provisions relating to Mining
                    Amendment Act 2012
             16.       Miner's rights                              24
             17.       Surrender requirements                      24
             18.       Commonwealth land                           25
             19.       Time limit for prosecution action           25




page ii
                           Mining Amendment Bill 2012



                                             Contents



      Part 3 -- Mining Amendment
           Act 2004 amended
44.   Act amended                               26
45.   Section 19 amended                        26




                                              page iii
                           Western Australia


                      LEGISLATIVE COUNCIL



              Mining Amendment Bill 2012


                               A Bill for


An Act to amend the Mining Act 1978 and the Mining Amendment
Act 2004.



The Parliament of Western Australia enacts as follows:




                                                         page 1
    Mining Amendment Bill 2012
    Part 1       Preliminary

    s. 1



1                          Part 1 -- Preliminary
2   1.       Short title
3            This is the Mining Amendment Act 2012.

4   2.       Commencement
5            This Act comes into operation as follows --
6             (a) sections 1 and 2 -- on the day on which this Act
7                   receives the Royal Assent;
8             (b) the rest of the Act -- on a day fixed by proclamation,
9                   and different days may be fixed for different provisions.




    page 2
                                                      Mining Amendment Bill 2012
                                          Mining Act 1978 amended         Part 2

                                                                              s. 3



1                   Part 2 -- Mining Act 1978 amended
2    3.         Act amended
3               This Part amends the Mining Act 1978.

4    4.         Section 5 amended
5               In section 5(2) delete "Schedule," and insert:
6

7               Schedule Division 1,
8


9    5.         Section 8 amended
10        (1)   In section 8(1) insert in alphabetical order:
11

12                    Commonwealth land means --
13                      (a) land in respect of which the Commonwealth
14                            holds a freehold or leasehold interest; or
15                      (b) land that is otherwise vested in or held by the
16                            Commonwealth or vested in or held by an
17                            officer or person on behalf of the
18                            Commonwealth;
19                    miner's right means a miner's right issued under
20                    section 40C;
21                    processed mineral resource means a substance
22                    produced from a mineral that is under the surface of
23                    land without the mineral being removed from the land;
24

25        (2)   In section 8(1) in the definition of mining operations:
26                (a) after "smelted" insert:
27

28                      combusted
29




                                                                          page 3
     Mining Amendment Bill 2012
     Part 2       Mining Act 1978 amended

     s. 6



1                (b)     after "obtaining any mineral" insert:
2

3                        or processed mineral resource
4

5                 (c)    after paragraph (c) insert:
6

7                       (da)   operations by means of which a processed
8                              mineral resource is produced and recovered;
9                              and
10

11               (d)     in paragraph (d) delete "lawful".
12        (3)   In section 8(1) in the definition of private land delete "means
13              any land" and insert:
14

15              means any land, other than Commonwealth land,
16


17   6.         Section 15 amended
18              Delete section 15(1) and insert:
19

20              (1)     A warden who acts or adjudicates in any matter in
21                      which the warden has directly or indirectly any
22                      pecuniary interest, is guilty of a crime unless --
23                        (a) the warden declares the nature of the interest to
24                             each of the parties to the matter; and
25                       (b) each of the parties consents to the warden so
26                             acting or adjudicating.
27                      Penalty: imprisonment for 2 years or a fine of $1 000.
28




     page 4
                                                    Mining Amendment Bill 2012
                                        Mining Act 1978 amended         Part 2

                                                                            s. 7



1    7.     Section 18 amended
2           Delete section 18(b) and insert:
3

4                    (b)   where the holder of a miner's right may do the
5                          things authorised by section 40D; and
6


7    8.     Section 20 amended
8           Delete section 20(1), (2) and (3).
9           Note: The heading to amended section 20 is to read:

10                Protection of certain Crown land

11   9.     Sections 20A, 20B and 20C deleted
12          Delete sections 20A, 20B and 20C.

13   10.    Section 21 amended
14          After section 21(1) insert:
15

16         (2A)    In subsection (1) --
17                 land does not include Commonwealth land.
18


19   11.    Part III Division 2 heading amended
20          In the heading to Part III Division 2 after "etc." insert:
21

22          and Commonwealth land
23




                                                                         page 5
     Mining Amendment Bill 2012
     Part 2       Mining Act 1978 amended

     s. 12



1    12.           Section 23 replaced
2                  Delete section 23 and insert:
3


4            23.         Mining on public reserves etc. and Commonwealth
5                        land
6                  (1)   Subject to this Act, a mining tenement may be applied
7                        for in respect of the following land (not being land that
8                        is already the subject of a mining tenement) --
9                          (a) land, or land of a class, to which section 24,
10                                24A or 25 applies;
11                         (b) Commonwealth land.
12                 (2)   The holder of a mining tenement in respect of such
13                       land must not carry out mining on or under that land
14                       otherwise than in accordance with a relevant consent
15                       obtained in relation to that land under section 24, 24A,
16                       25 or 25A.
17                 (3)   A mining tenement held in relation to such land is
18                       liable to be forfeited if the holder of the tenement --
19                         (a) contravenes this section; or
20                         (b) is in breach of any term or condition to which a
21                                consent given under section 24, 24A, 25 or 25A
22                                is made subject.
23


24   13.           Section 25A inserted
25                 After section 25 insert:
26


27           25A.        Mining on Commonwealth land
28                 (1)   Mining may be carried out on Commonwealth land
29                       with the written consent of the Minister who may
30                       refuse consent or who may give consent subject to such

     page 6
                                                      Mining Amendment Bill 2012
                                          Mining Act 1978 amended         Part 2

                                                                                 s. 14



1                      terms and conditions as the Minister specifies in the
2                      consent.
3                (2)   Before giving consent under subsection (1), whether
4                      conditionally or unconditionally, the Minister must first
5                      consult, and obtain the concurrence of, the Minister of
6                      the Commonwealth responsible for the control and
7                      management of the land.
8


9    14.         Section 26 amended
10         (1)   In section 26(1) delete "24A and 25" and insert:
11

12               24A, 25 and 25A
13

14         (2)   In section 26(3) delete "subsection (2)" and insert:
15

16               subsection (2)(a)
17

18         (3)   After section 26(3) insert:
19

20               (4)   In relation to any application for a mining tenement in
21                     respect of Commonwealth land, the Commonwealth
22                     land may be marked out only with the consent of the
23                     Minister and the Minister of the Commonwealth
24                     responsible for the control and management of the
25                     land, but otherwise the land is to be marked out as a
26                     mining tenement in accordance with this Act.
27




                                                                               page 7
     Mining Amendment Bill 2012
     Part 2       Mining Act 1978 amended

     s. 15



1    15.       Part IIIA inserted
2              After section 39 insert:
3


4             Part IIIA -- Miner's rights and related permits
5            40A.    Terms used
6                    In this Part --
7                    available land, in relation to a miner's right, means --
8                      (a) Crown land or conservation land that is not the
9                             subject of a mining tenement; or
10                     (b) Crown land or conservation land that is the
11                            subject of an exploration licence if the holder of
12                            the miner's right holds a permit under
13                            section 40E in respect of the land;
14                   conservation land means land that is prescribed under
15                   section 40B as conservation land for the purposes of
16                   this Part.

17           40B.    Conservation land
18             (1)   The regulations may prescribe land as conservation
19                   land for the purposes of this Part if --
20                     (a) the land is of the class referred to in
21                           section 24(1)(c) and is not land that is classified
22                           as a class A reserve; and
23                     (b) the care, control and management of the land is
24                           placed by order under the Land Administration
25                           Act 1997 Part 4 with the Conservation
26                           Commission.
27             (2)   Regulations made for the purposes of subsection (1)
28                   may only be made with the concurrence of the Minister
29                   responsible for the administration of the Conservation
30                   and Land Management Act 1984.


     page 8
                                            Mining Amendment Bill 2012
                                Mining Act 1978 amended         Part 2

                                                                      s. 15



1    40C.    Issue of miner's right
2      (1)   The Minister, the Director General of Mines or a
3            mining registrar may, on the application of a natural
4            person and on being satisfied of the identity of the
5            person, issue a miner's right to the person.
6      (2)   An application for a miner's right must be
7            accompanied by the prescribed application fee (if any).
8      (3)   A miner's right --
9             (a) must be in the prescribed form; and
10            (b) is not limited in term; and
11            (c) is not transferable.

12   40D.    Authorisation under miner's right
13     (1)   Subject to this Act the holder of a miner's right is
14           authorised to do all or any of the following things --
15             (a) pass and repass over Crown land or
16                   conservation land with such employees and
17                   agents, vehicles, machinery and equipment as
18                   may be necessary or expedient for the purpose
19                   of prospecting and marking out any land which
20                   may be made the subject of an application for a
21                   mining tenement;
22             (b) prospect for minerals and conduct tests for
23                   minerals on available land for the purpose of
24                   determining whether to mark out or apply for a
25                   mining tenement in respect of any part of the
26                   land;
27             (c) extract or remove from available land samples
28                   or specimens of rock, ore or minerals with as
29                   little damage to the surface of the land as
30                   possible, in quantities, in total or on occasions,
31                   not exceeding the prescribed limits;



                                                                     page 9
     Mining Amendment Bill 2012
     Part 2       Mining Act 1978 amended

     s. 15



1                     (d)    keep as the holder's property or use for testing
2                            or evaluation purposes any samples and
3                            specimens of any mineral found by the holder
4                            on available land;
5                     (e)    for the purpose of prospecting and for domestic
6                            purposes and subject to the Rights in Water and
7                            Irrigation Act 1914, or any Act amending or
8                            replacing the relevant provisions of that Act --
9                               (i) take and use water from any natural
10                                   spring, lake, pool or watercourse
11                                   situated in or flowing through available
12                                   land; and
13                             (ii) sink a well or bore on available land and
14                                   take and use water from the well or
15                                   bore;
16                     (f)   for the purpose of prospecting, camp on Crown
17                           land or conservation land in such manner and
18                           subject to such conditions as may be
19                           prescribed;
20                    (g)    fossick by prescribed means on Crown land or
21                           conservation land with the prior written consent
22                           of --
23                              (i) any occupier of that land; and
24                             (ii) if the land is subject to a mining
25                                   tenement, the holder of the mining
26                                   tenement.
27             (2)   Every miner's right is to be regarded as having been
28                   issued subject to the conditions that the holder of the
29                   miner's right or any other person acting in the exercise
30                   or purported exercise of an authorisation conferred or
31                   alleged to be conferred by subsection (1) --
32                     (a) must not, on conservation land, do any of the
33                           things referred to in that subsection unless



     page 10
                                          Mining Amendment Bill 2012
                              Mining Act 1978 amended         Part 2

                                                                  s. 15



1                 authorised to do so under the Conservation and
2                 Land Management Act 1984; and
3           (b)   must not use explosives or tools, other than
4                 tools prescribed for the purposes of this
5                 paragraph or hand tools; and
6           (c)   must cause to be filled in or otherwise made
7                 safe --
8                    (i) all holes, pits, trenches and other
9                         disturbances on the surface of the land
10                        which were made by the person while
11                        acting in the exercise or purported
12                        exercise of the authorisation and which
13                        are likely to endanger the safety of any
14                        person or animal; and
15                  (ii) such other holes, pits, trenches and other
16                        disturbances made, wholly or in part, by
17                        the person as the Minister may from
18                        time to time direct;
19                and
20          (d)   must take all necessary steps to prevent the
21                following --
22                   (i) fire damage to trees or other property;
23                  (ii) damage to property or to livestock by
24                        the presence of dogs, the discharge of
25                        firearms, the use of vehicles or
26                        otherwise.
27   (3)   The holder of a miner's right is liable to pay
28         compensation in accordance with section 123, as may
29         be agreed or as may be determined by the warden's
30         court on the application of the owner or occupier of the
31         land or of the holder of any mining tenement affected,
32         for any loss or damage caused by, and not made good
33         by, the holder or any other person acting in the exercise



                                                               page 11
     Mining Amendment Bill 2012
     Part 2       Mining Act 1978 amended

     s. 15



1                    or purported exercise of an authorisation conferred or
2                    alleged to be conferred by subsection (1).
3              (4)   A determination made by the warden's court under
4                    subsection (3) is, for the purposes of section 147(1), a
5                    final determination of the warden's court.

6            40E.    Permit to prospect on Crown land or conservation
7                    land subject of exploration licence
8              (1)   The mining registrar or the holder of a prescribed
9                    office in the Department may issue a permit to prospect
10                   for minerals on Crown land or conservation land that is
11                   the subject of an exploration licence to --
12                     (a) a natural person who is the holder of a miner's
13                           right; or
14                     (b) 2 or 3 natural persons, each of whom is the
15                           holder of a miner's right, as joint holders of the
16                           permit.
17             (2)   A permit cannot be issued under subsection (1) if the
18                   applicant for the permit is already the holder of a
19                   permit under this section in respect of the exploration
20                   licence to which his or her application relates.
21             (3)   An application for a permit --
22                    (a) must be made in the prescribed form; and
23                    (b) must be lodged in the prescribed manner; and
24                    (c) must be accompanied by the prescribed
25                          application fee (if any).
26             (4)   The area of land in respect of which a permit is issued
27                   is to be specified in the permit in the prescribed
28                   manner.
29             (5)   A permit is subject to such conditions as are imposed
30                   in accordance with the regulations and specified in the
31                   permit.


     page 12
                                            Mining Amendment Bill 2012
                                Mining Act 1978 amended         Part 2

                                                                      s. 15



1      (6)   In addition to any conditions that may be imposed
2            under subsection (5) every permit is to be regarded as
3            having been issued subject to conditions that the holder
4            or each holder (in the case of joint holders) --
5              (a) must not use explosives or tools, other than
6                    hand tools, on the land the subject of the
7                    permit; and
8              (b) must not prospect below the prescribed depth;
9                    and
10             (c) must comply with the prescribed limits referred
11                   to in section 40D(1)(c); and
12             (d) must not prospect within 100 m of any
13                   activities that are being carried out under the
14                   authority of an exploration licence; and
15             (e) must not prospect on land that is the subject of
16                   a special prospecting licence under section 70.
17     (7)   A permit is not transferable.

18   40F.    Power to remove Crown land or conservation land
19           from operation of s. 40E
20     (1)   The Minister may, by notice published in the Gazette,
21           declare that section 40E does not apply to Crown land
22           or conservation land that is --
23             (a) the subject of a specified exploration licence; or
24             (b) in a specified block (within the meaning of
25                   Part IV Division 2); or
26             (c) in a specified area of the State.
27     (2)   The Minister may, by notice published in the Gazette,
28           vary or cancel a notice under subsection (1).
29     (3)   A notice under this section takes effect on the day on
30           which the notice is published in the Gazette or such
31           later day as is specified in the notice.


                                                                 page 13
     Mining Amendment Bill 2012
     Part 2       Mining Act 1978 amended

     s. 16



1              (4)   A notice under this section does not affect the
2                    operation of a permit issued under section 40E before
3                    the day on which the notice takes effect.
4            40G.    Limitation on actions in tort
5              (1)   In this section --
6                    permit means a permit issued under section 40E;
7                    permit land means land that is the subject of both the
8                    permit and the exploration licence concerned.
9              (2)   The holder of a permit cannot bring an action in tort
10                   against the holder of an exploration licence for injury,
11                   loss or damage suffered by the holder of the permit as a
12                   result of --
13                     (a) the condition of the permit land; or
14                     (b) a thing that the holder of the exploration licence
15                           has done on the permit land under the authority
16                           of that licence.
17             (3)   Nothing in subsection (2)(b) prevents the bringing of
18                   an action in tort if the thing was done --
19                     (a) with the deliberate intent of causing injury, loss
20                           or damage to the holder of the permit; or
21                     (b) with reckless disregard for the presence of the
22                           holder of the permit on the permit land.
23             (4)   In this section a reference to the doing of a thing
24                   includes a reference to an omission to do a thing.
25
26   16.       Section 46 amended
27             After section 46(aa)(i) insert:
28
29                           (iia)   the holder has paid the prescribed
30                                   assessment fee in respect of the
31                                   programme of work; and
32



     page 14
                                                       Mining Amendment Bill 2012
                                           Mining Act 1978 amended         Part 2

                                                                                 s. 17



1    17.         Section 56A amended
2                In section 56A(1)(a) after "Schedule" insert:
3

4                Division 1
5


6    18.         Section 56B amended
7                Delete section 56B(1) and insert:
8

9                (1)   In this section --
10                     relevant licence means a prospecting licence applied
11                     for before 10 February 2006.
12


13   19.         Section 63 amended
14               After section 63(aa)(i) insert:
15

16                             (iia)   the holder has paid the prescribed
17                                     assessment fee in respect of the
18                                     programme of work; and
19


20   20.         Section 65 amended
21         (1)   In section 65(1) delete the definition of end day and insert:
22

23                     end day, in relation to an exploration licence, means --
24                       (a) the day (the anniversary day) that is 6 years
25                            after the day on which the licence was granted;
26                            or
27                      (b) if, on the anniversary day, an application for
28                            retention status under section 69A in respect of
29                            the whole or part of the land the subject of the


                                                                            page 15
     Mining Amendment Bill 2012
     Part 2       Mining Act 1978 amended

     s. 20



1                             licence has been made but not determined, the
2                             day on which that application is determined;
3

4       (2)    In section 65(1) in the definition of surrender day delete
5              paragraph (b).
6       (3)    In section 65(3):
7                (a) delete "Subject to subsection (3a), on" and insert:
8

9                       On
10

11               (b)    delete "one block shall" and insert:
12

13                      10 blocks must
14

15      (4)    Delete section 65(3a), (3b), (3c), (3d) and (4) and insert:
16

17            (3A)     Subsection (3) does not apply to the holder of an
18                     exploration licence for which retention status has been
19                     approved under section 69B(1).
20             (4)     If the holder of an exploration licence fails to lodge a
21                     surrender in accordance with subsection (3), the
22                     Minister must, by notice in writing, require the holder
23                     to lodge the surrender for registration within a period
24                     specified in the notice.
25

26      (5)    In section 65(4b) delete "3 discrete" and insert:
27

28             6 discrete
29




     page 16
                                                       Mining Amendment Bill 2012
                                           Mining Act 1978 amended         Part 2

                                                                                 s. 21



1    21.         Section 70 amended
2                In section 70(1)(a) after "Schedule" insert:
3

4                Division 1
5


6    22.         Section 70H amended
7                After section 70H(1)(aa)(i) insert:
8

9                              (iia)    the holder has paid the prescribed
10                                      assessment fee in respect of the
11                                      programme of work; and
12


13   23.         Section 74 amended
14         (1)   In section 74(1):
15                 (a) in paragraph (ca)(ii) delete "person;" and insert:
16

17                       person; or
18

19                 (b)   after paragraph (ca)(ii) insert:
20

21                              (iii)   a statement in accordance with
22                                      subsection (1a) and a resource report;
23

24         (2)   In section 74(1a) after "(1)(ca)(ii)" insert:
25

26               and (iii)
27




                                                                             page 17
     Mining Amendment Bill 2012
     Part 2       Mining Act 1978 amended

     s. 24



1          (3)   In section 74(7) insert in alphabetical order:
2

3                      JORC Code means the Australasian Code for
4                      Reporting of Exploration Results, Mineral Resources
5                      and Ore Reserves prepared by the Joint Ore Reserves
6                      Committee of the Australasian Institute of Mining and
7                      Metallurgy, the Australian Institute of Geoscientists
8                      and the Minerals Council of Australia as in force from
9                      time to time;
10                     resource report means a report --
11                       (a) that sets out details of the mineral resources
12                             located in, on or under the land to which the
13                             application relates; and
14                       (b) that complies with the JORC Code; and
15                       (c) that has been made to the Australian Securities
16                             Exchange Limited.
17

18         (4)   In section 74(7) in the definition of qualified person delete
19               "experience." and insert:
20

21               experience;
22


23   24.         Section 82 amended
24               In section 82(1)(ca)(i) after "use" insert:
25

26               and has paid the prescribed assessment fee in respect of the
27               programme
28




     page 18
                                                         Mining Amendment Bill 2012
                                             Mining Act 1978 amended         Part 2

                                                                                   s. 25



1    25.         Section 82A amended
2                After section 82A(2)(a) insert:
3

4                       (ba)     to pay the prescribed assessment fee in respect
5                                of the mining proposal; and
6


7    26.         Section 91 amended
8                In section 91(6) delete "mining operations." and insert:
9

10               mining.
11


12   27.         Section 93 amended
13         (1)   Delete section 93(1).
14         (2)   In section 93(2) delete "The" and insert:
15

16               An
17

18               Note: The heading to amended section 93 is to read:

19                     Map to accompany application

20   28.         Section 96 amended
21               Delete section 96(3)(a) and insert:
22

23                         (a)   impose on the holder of the mining tenement --
24                                 (i) in a case where expenditure conditions
25                                     have not been complied with, a penalty
26                                     not exceeding $10 000;
27                                (ii) in any other case, a penalty not
28                                     exceeding $75 000 if the holder is an


                                                                             page 19
     Mining Amendment Bill 2012
     Part 2       Mining Act 1978 amended

     s. 29



1                                   individual or $150 000 if the holder is a
2                                   body corporate;
3                            or
4


5    29.       Section 96A amended
6              Delete section 96A(5)(a) and insert:
7

8                      (a)   impose on the holder of the licence a penalty
9                            not exceeding $75 000 if the holder is an
10                           individual or $150 000 if the holder is a body
11                           corporate; or
12


13   30.       Section 97 amended
14             Delete section 97(5)(a) and insert:
15

16                     (a)   impose on the lessee a penalty not exceeding
17                           $75 000 if the lessee is an individual or
18                           $150 000 if the lessee is a body corporate; or
19


20   31.       Section 104 amended
21             In section 104(4) after "any" insert:
22

23             Commonwealth land or
24


25   32.       Section 105 amended
26             In section 105(1) delete "licence or a retention" and insert:
27

28             licence, a retention licence or a miscellaneous
29




     page 20
                                                Mining Amendment Bill 2012
                                    Mining Act 1978 amended         Part 2

                                                                        s. 33



1    33.   Section 112 amended
2          In section 112(2):
3            (a) in paragraph (b) delete "land." and insert:
4

5                  land; or
6

7           (b)    after paragraph (b) insert:
8

9                  (c)   wholly in respect of Commonwealth land is not
10                       subject to the reservation referred to in
11                       subsection (1); or
12                 (d)   partly in respect of any Commonwealth land
13                       and partly in respect of land other than
14                       Commonwealth land is not subject to the
15                       reservation referred to in subsection (1) in
16                       relation to that Commonwealth land.
17


18   34.   Section 116 amended
19         In section 116(1) delete "shall be entitled" and insert:
20

21         is entitled, on payment of the prescribed fee,
22


23   35.   Section 154 amended
24         In section 154(2):
25           (a) delete "$10 000" and insert:
26

27                 $20 000
28




                                                                      page 21
     Mining Amendment Bill 2012
     Part 2       Mining Act 1978 amended

     s. 36



1               (b)    delete "$1 000" and insert:
2

3                      $2 000
4


5    36.       Section 155 amended
6              In section 155(1) delete the Penalty and insert:
7

8                     Penalty:
9                         (a) for an individual -- a fine of $150 000 and,
10                             if the offence is a continuing one, a further
11                             fine of $15 000 for each day or part of a day
12                             during which the offence has continued;
13                        (b) for a body corporate -- a fine of $300 000
14                             and, if the offence is a continuing one, a
15                             further fine of $30 000 for each day or part
16                             of a day during which the offence has
17                             continued.
18


19   37.       Section 156 amended
20             In section 156(2) delete "20(2)(c)." and insert:
21

22             40D(1)(c).
23


24   38.       Section 160 amended
25             In section 160(1) delete "20C," and insert:
26

27             40G,
28




     page 22
                                                   Mining Amendment Bill 2012
                                       Mining Act 1978 amended         Part 2

                                                                             s. 39



1    39.     Section 160B replaced
2            Delete section 160B and insert:
3


4          160B.     Time limit for prosecution action
5                    A prosecution for an offence against this Act must be
6                    commenced within 3 years after the day on which the
7                    offence is alleged to have been committed.
8


9    40.     Section 162B inserted
10           After section 162A insert:
11


12         162B.     Extension of prescribed period or time
13           (1)     If this Act provides for something to be done within a
14                   prescribed period or a prescribed time, the Minister or
15                   a warden may, in a particular case, extend the period or
16                   the time for doing the thing.
17           (2)     The power in subsection (1) may be exercised whether
18                   or not the prescribed period has ended or the prescribed
19                   time has passed.
20


21   41.     Section 162 amended
22           In section 162(2):
23             (a) in paragraph (cb) delete "20A," and insert:
24

25                    40E,
26
27             (b)    in paragraph (cb)(v) delete "20A(5) or (6)" and insert:
28

29                    40E(5) or (6)
30


                                                                        page 23
     Mining Amendment Bill 2012
     Part 2       Mining Act 1978 amended

     s. 42



1                   (c)    delete paragraph (gb).

2    42.           Second Schedule Division 1 heading inserted
3                  Before the Second Schedule clause 1 insert:
4


5                    Division 1 -- Provisions relating to transition from
6                                      repealed Act
7


8    43.           Second Schedule Division 2 inserted
9                  At the end of the Second Schedule insert:
10


11                 Division 2 -- Provisions relating to Mining Amendment
12                                       Act 2012

13           16.          Miner's rights
14                 (1)    In this clause --
15                        commencement day means the day on which the Mining
16                        Amendment Act 2012 section 15 comes into operation.
17                 (2)    A miner's right in force under this Act immediately before
18                        commencement day is taken to be a miner's right issued
19                        under section 40C.

20           17.          Surrender requirements
21                 (1)    In this clause --
22                        commencement day means the day on which the Mining
23                        Amendment Act 2012 section 20 comes into operation.
24                 (2)    Section 65, as in force immediately before commencement
25                        day, applies in relation to an exploration licence if --
26                          (a)   the licence was granted on an application made after
27                                10 February 2006; and
28                          (b)   an application for deferral under subsection (3b) of
29                                that section was made in relation to the licence


     page 24
                                                 Mining Amendment Bill 2012
                                     Mining Act 1978 amended         Part 2

                                                                               s. 43



1                        before commencement day but not determined
2                        before that day.

3    18.         Commonwealth land
4          (1)   In this clause --
5                commencement day means the day the Mining Amendment
6                Act 2012 section 13 comes into operation;
7                existing application means an application for an exploration
8                licence made but not determined before commencement
9                day;
10               transition period means the period beginning on
11               commencement day and ending 3 months after that day.
12         (2)   During the transition period --
13                (a) a person who has made an existing application in
14                       respect of Commonwealth land has a right in
15                       priority to a person who has not made such an
16                       application to mark out or apply for a mining
17                       tenement in respect of the land the subject of the
18                       existing application; and
19                 (b)   if more than one person has made an existing
20                       application in respect of the same Commonwealth
21                       land, priority is to be determined according to the
22                       date and time of the making of the existing
23                       applications.

24   19.         Time limit for prosecution action
25         (1)   In this clause --
26               commencement day means the day on which the Mining
27               Amendment Act 2012 section 39 comes into operation.
28         (2)   Despite section 160B, a prosecution for an offence that is
29               alleged to have been committed before commencement day
30               must be commenced within one year after the day on which
31               the offence is alleged to have been committed.
32




                                                                         page 25
     Mining Amendment Bill 2012
     Part 3       Mining Amendment Act 2004 amended

     s. 44



1            Part 3 -- Mining Amendment Act 2004 amended
2    44.         Act amended
3                This Part amends the Mining Amendment Act 2004.

4    45.         Section 19 amended
5          (1)   In section 19(3) delete "may," and insert:
6

7                must,
8

9          (2)   Delete section 19(6) and insert:
10

11               (6)     For the purposes of the application of section 65(1a) of
12                       the old provisions as modified by subsection (5) each
13                       of the following is a ground for exemption --
14                         (a) by reason of difficulties or delays --
15                                  (i) occasioned by law; or
16                                 (ii) arising from administrative, political,
17                                      environmental or other requirements of
18                                      governmental or other authorities, in the
19                                      State or elsewhere; or
20                                (iii) arising from a requirement to conduct
21                                      an Aboriginal heritage survey on the
22                                      land to which the application for
23                                      exemption relates (the relevant land); or
24                                (iv) in obtaining requisite consents or
25                                      approvals for exploration or for the
26                                      marking out of a mining lease or general
27                                      purpose lease in relation to any part of
28                                      the relevant land; or




     page 26
                                 Mining Amendment Bill 2012
           Mining Amendment Act 2004 amended         Part 3

                                                          s. 45



1            (v)    in gaining access to the relevant land
2                   because of unfavourable climatic
3                   conditions,
4          the exploration programme, or the marking out
5          and application appropriate to a mining lease or
6          general purpose lease in relation to the relevant
7          land, could not be undertaken or completed or
8          is restricted in a manner that is, or subject to
9          conditions that are, for the time being
10         impracticable;
11   (b)   work already carried out under the licence
12         justifies further exploration.
13




 


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