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This is a Bill, not an Act. For current law, see the Acts databases.
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 Second Schedule Division 1 heading inserted 24 Division 1 -- Provisions relating to transition from repealed Act 43.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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