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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Mining Amendment Bill 2021
Contents
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 6 amended 2
5. Section 8 amended 3
6. Section 12 replaced 4
12. Delegation 4
7. Section 17 amended 4
8. Section 20 amended 5
9. Section 40D amended 5
10. Section 46 amended 5
11. Section 46A deleted 6
12. Section 52 amended 6
13. Section 55A amended 6
14. Section 60 amended 7
15. Section 63 amended 7
16. Section 63AA deleted 7
17. Section 63A amended 8
18. Section 69D amended 8
19. Section 70F amended 9
20. Section 70H amended 9
21. Section 70I deleted 10
22. Section 70IA amended 10
23. Section 70K amended 10
24. Section 70L amended 11
25. Sections 70O and 70P replaced 11
70O. Significant mineralisation 11
26. Section 74 amended 11
27. Section 82 amended 12
28. Section 82A deleted 12
29. Sections 84AA and 84 deleted 13
49--1 page i
Mining Amendment Bill 2021
Contents
30. Section 84A amended 13
31. Section 90 amended 13
32. Section 92 amended 14
33. Section 96 amended 14
34. Part 4AA inserted 15
Part 4AA -- Conditions and approvals
Division 1 -- Preliminary
103AA. Terms used 15
Division 2 -- Conditions and notices relating to
eligible mining activities
103AB. Eligible mining activities 16
103AC. Excluded area notices 16
103AD. Certain lands excluded from EMAs 17
103AE. Condition relating to carrying out EMAs in
accordance with prescribed requirements 17
103AF. EMA notices and notices of completion 18
Division 3 -- Programmes of work
103AG. Conditions attached to prospecting
licences, exploration licences and
retention licences 18
103AH. Conditions attached to mining leases 19
103AI. Conditions attached to miscellaneous
licences 21
103AJ. Lodgment of programmes of work 22
103AK. Approval of activities in programmes of
work 23
Division 4 -- Mining development and closure
proposals
103AL. Conditions relating to mining operations
on land subject of mining leases 24
103AM. Conditions relating to mining operations
on land subject of miscellaneous licences 25
103AN. Lodgment of mining development and
closure proposal 26
103AO. Approval of activities in mining
development and closure proposals 28
103AP. Approvals statements 30
103AQ. Cancellations and variations recorded on
approvals statements 30
Division 5 -- Mine closure plans
103AR. Contents of mine closure plan 31
103AS. Conditions relating to mine closure plans 32
103AT. Lodgment of mine closure plans 32
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Mining Amendment Bill 2021
Contents
Division 6 -- Other conditions
103AU. Conditions for preventing, reducing or
remediating injury to land and for other
purposes 33
Division 7 -- Securities
103AV. Security for compliance with conditions 34
35. Section 103EA amended 34
36. Section 105A amended 34
37. Section 122C amended 34
38. Section 126 amended 34
39. Section 140 amended 35
40. Section 162 amended 35
41. Second Schedule Division 3 inserted 35
Division 3 -- Provisions relating to Mining
Amendment Act 2021
20. Terms used 35
21. Continuation of conditions for prevention
or reduction of injury to land 36
22. Continuation of securities 36
23. Transitional provisions for programmes of
work 37
24. Transitional provisions for existing
undetermined mining proposals 38
25. Transitional provisions for previously
approved mining proposals 38
page iii
Western Australia
LEGISLATIVE ASSEMBLY
Mining Amendment Bill 2021
A Bill for
An Act to amend the Mining Act 1978.
The Parliament of Western Australia enacts as follows:
page 1
Mining Amendment Bill 2021
s. 1
1 1. Short title
2 This is the Mining Amendment Act 2021.
3 2. Commencement
4 This Act comes into operation as follows --
5 (a) sections 1 and 2 -- on the day on which this Act
6 receives the Royal Assent;
7 (b) the rest of the Act -- on a day fixed by proclamation,
8 and different days may be fixed for different provisions.
9 3. Act amended
10 This Act amends the Mining Act 1978.
11 4. Section 6 amended
12 (1) In section 6(1c) delete "pursuant to a Government agreement as
13 defined in section 2 of the Government Agreements Act 1979."
14 and insert:
15
16 under a Government agreement.
17
18 (2) In section 6(1d):
19 (a) in paragraph (a) delete "section 82(1)(ca); or" and insert:
20
21 section 103AH(2)(b) or (3); or
22
23 (b) in paragraph (b) delete "mining proposal" and insert:
24
25 mining development and closure proposal
26
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Mining Amendment Bill 2021
s. 5
1 (c) in paragraph (b) delete "section 82A." and insert:
2
3 section 103AL(2)(b) or (3).
4
5 5. Section 8 amended
6 (1) In section 8(1) delete the definition of ground disturbing
7 equipment.
8 (2) In section 8(1) insert in alphabetical order:
9
10 approved form means a form approved by the
11 Minister;
12 Government agreement has the meaning given in the
13 Government Agreements Act 1979 section 2;
14 mining development and closure proposal means a
15 mining development and closure proposal --
16 (a) accompanying an application for a mining lease
17 under section 74(1)(ca); or
18 (b) required in order to comply with a condition
19 referred to in --
20 (i) section 103AL(2)(b) or (3); or
21 (ii) section 103AM(2)(b) or (3);
22 prescribed means prescribed by regulations made
23 under this Act;
24
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Mining Amendment Bill 2021
s. 6
1 6. Section 12 replaced
2 Delete section 12 and insert:
3
4 12. Delegation
5 (1) The Minister may delegate to an officer of the
6 Department any power or duty of the Minister except
7 this power of delegation.
8 (2) A delegation under subsection (1) must be in writing
9 signed by the Minister.
10 (3) The Director General of Mines may delegate to an
11 officer of the Department any power or duty of the
12 Director General of Mines except this power of
13 delegation.
14 (4) A delegation under subsection (3) must be in writing
15 signed by the Director General of Mines.
16 (5) A person exercising or performing a power or duty that
17 has been delegated to the person under this section, is
18 taken to do so in accordance with the terms of the
19 delegation unless the contrary is shown.
20 (6) Nothing in this section limits the ability of the Minister
21 or the Director General of Mines to perform a function
22 through an officer or agent.
23
24 7. Section 17 amended
25 In section 17(2) before "taken" delete "to be".
page 4
Mining Amendment Bill 2021
s. 8
1 8. Section 20 amended
2 Delete section 20(5a)(d)(i) and insert:
3
4 (i) take all necessary steps to prevent
5 damage or injury to property or
6 livestock whether resulting from fire,
7 the presence of dogs, the discharge of
8 firearms, the use of vehicles or any
9 other cause; and
10
11 9. Section 40D amended
12 Delete section 40D(2)(d) and insert:
13
14 (d) must take all necessary steps to prevent damage
15 or injury to property or livestock whether
16 resulting from fire, the presence of dogs, the
17 discharge of firearms, the use of vehicles or any
18 other cause.
19
20 10. Section 46 amended
21 In section 46:
22 (a) delete "shall be deemed" and insert:
23
24 is taken
25
26 (b) delete paragraphs (aa), (b) and (c) and insert:
27
28 (b) that all holes, pits, trenches and other
29 disturbances to the surface of the land the
30 subject of the prospecting licence that are made
31 while prospecting, and that are likely to
page 5
Mining Amendment Bill 2021
s. 11
1 endanger the safety of any person or animal,
2 will be filled in or otherwise made safe;
3 (c) that all necessary steps are taken by the holder
4 to prevent damage or injury to property or
5 livestock whether resulting from fire, the
6 presence of dogs, the discharge of firearms, the
7 use of vehicles or any other cause.
8
9 11. Section 46A deleted
10 Delete section 46A.
11 12. Section 52 amended
12 (1) Delete section 52(1a).
13 (2) In section 52(2) delete "or (1a)".
14 13. Section 55A amended
15 (1) In section 55A(2) delete "a form approved by the Minister" and
16 insert:
17
18 an approved form
19
20 (2) Delete section 55A(4) and insert:
21
22 (4) On and from giving notice in writing to the holder of
23 the licence of the imposition of the condition, the
24 condition has effect for all purposes as a condition to
25 which the licence is subject.
26
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Mining Amendment Bill 2021
s. 14
1 14. Section 60 amended
2 (1) Delete section 60(1a).
3 (2) In section 60(2) delete "or (1a)".
4 15. Section 63 amended
5 In section 63:
6 (a) delete "shall be deemed" and insert:
7
8 is taken
9
10 (b) delete paragraphs (aa), (b) and (c) and insert:
11
12 (b) will fill in or otherwise make safe all holes,
13 pits, trenches and other disturbances to the
14 surface of the land the subject of the
15 exploration licence that are made while
16 exploring for minerals, and that are likely to
17 endanger the safety of any person or animal;
18 and
19 (c) will take all necessary steps to prevent damage
20 or injury to property or livestock whether
21 resulting from fire, the presence of dogs, the
22 discharge of firearms, the use of vehicles or any
23 other cause.
24
25 Note: The heading to amended 63 is to read:
26 Conditions attached to exploration licence
27 16. Section 63AA deleted
28 Delete section 63AA.
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Mining Amendment Bill 2021
s. 17
1 17. Section 63A amended
2 In section 63A:
3 (a) in paragraph (aa) delete "section 60(1a), 65(4), 69E(2)"
4 and insert:
5
6 section 65(4), 69E(2), 103AV(1)
7
8 (b) delete paragraph (b) and insert:
9
10 (b) the terms and conditions of the exploration
11 licence are not complied with, including --
12 (i) the prescribed expenditure conditions
13 referred to in section 62; and
14 (ii) any conditions to which the licence is
15 taken to be subject under section 63,
16 103AE(1) or 103AG(3), (4) or (5); and
17 (iii) any conditions imposed under
18 section 69D(1) or 103AU(1);
19 or
20
21 18. Section 69D amended
22 (1) In section 69D(2) delete "a form approved by the Minister" and
23 insert:
24
25 an approved form
26
27 (2) Delete section 69D(4) and insert:
28
29 (4) On and from giving notice in writing to the holder of
30 the licence of the imposition of the condition, the
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Mining Amendment Bill 2021
s. 19
1 condition has effect for all purposes as a condition to
2 which the licence is subject.
3
4 19. Section 70F amended
5 (1) Delete section 70F(2).
6 (2) In section 70F(3) delete "or (2)".
7 20. Section 70H amended
8 In section 70H(1):
9 (a) delete "shall be deemed" and insert:
10
11 is taken
12
13 (b) delete "shall -- " and insert:
14
15 must --
16
17 (c) delete paragraphs (aa), (a) and (b) and insert:
18
19 (a) fill in or otherwise make safe all holes, pits,
20 trenches and other disturbances to the surface
21 of the land the subject of the retention licence
22 that are made while exploring for minerals, and
23 that are likely to endanger the safety of any
24 person or animal; and
25 (b) take all necessary steps to prevent damage or
26 injury to property or livestock whether resulting
27 from fire, the presence of dogs, the discharge of
28 firearms, the use of vehicles or any other cause;
29 and
30
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s. 21
1 21. Section 70I deleted
2 Delete section 70I.
3 22. Section 70IA amended
4 (1) In section 70IA(2) delete "a form approved by the Minister" and
5 insert:
6
7 an approved form
8
9 (2) Delete section 70IA(3) and insert:
10
11 (3) A condition imposed under subsection (1) may be
12 cancelled or varied by the Minister at any time.
13 (3A) On and from giving notice in writing to the holder of
14 the licence of the imposition of the condition, the
15 condition has effect for all purposes as a condition to
16 which the licence is subject.
17
18 23. Section 70K amended
19 In section 70K:
20 (a) delete paragraph (b) and insert:
21
22 (b) the terms and conditions of the licence are not
23 complied with, including --
24 (i) any conditions to which the licence is
25 taken to be subject under section 70H,
26 103AE(1) or 103AG(3), (4) or (5); and
27 (ii) any conditions imposed under
28 section 70IA(1) or 103AU(1);
29 or
30
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s. 24
1 (b) in paragraph (bb) delete "section 70F(2)" and insert:
2
3 section 103AV(1)
4
5 24. Section 70L amended
6 In section 70L(1)(b) delete "section 70I or 70IA; and" and
7 insert:
8
9 section 70IA(1) or 103AU(1); and
10
11 25. Sections 70O and 70P replaced
12 Delete sections 70O and 70P and insert:
13
14 70O. Significant mineralisation
15 In this Division there is significant mineralisation in,
16 on or under land to which an application for a mining
17 lease relates if exploration results in respect of a
18 deposit of minerals located in, on or under that land
19 indicate that there is a reasonable prospect of minerals
20 being obtained by mining operations on the land.
21
22 26. Section 74 amended
23 (1) Delete section 74(1)(ca)(i) and insert:
24
25 (i) a mining development and closure
26 proposal lodged in accordance with
27 section 103AN(2); or
28
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Mining Amendment Bill 2021
s. 27
1 (2) In section 74(1AA) delete "mining proposal" (each occurrence)
2 and insert:
3
4 mining development and closure proposal
5
6 27. Section 82 amended
7 (1) In section 82(1):
8 (a) delete "shall be deemed to be" and insert:
9
10 is taken to be
11
12 (b) delete paragraph (ca);
13 (c) delete paragraphs (ga) and (g) and insert:
14
15 (g) be liable to have the lease forfeited if --
16 (i) the lessee contravenes any of the
17 covenants or conditions to which the
18 lease is subject; or
19 (ii) the lessee fails to comply with any
20 requirement under section 103AV(1) or
21 115B(2) in relation to the lease; or
22 (iii) a report required under paragraph (e) or
23 section 115A(2) in relation to the land
24 the subject of the lease is not filed in
25 accordance with this Act.
26
27 (2) Delete section 82(1b).
28 28. Section 82A deleted
29 Delete section 82A.
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Mining Amendment Bill 2021
s. 29
1 29. Sections 84AA and 84 deleted
2 Delete sections 84AA and 84.
3 30. Section 84A amended
4 (1) Delete section 84A(2).
5 (2) In section 84A(3) delete "or (2)".
6 31. Section 90 amended
7 (1) In section 90(1):
8 (a) in paragraph (a) delete "those subsections" and insert:
9
10 section 6(1a), (1c) and (1d)(b)
11
12 (b) delete paragraph (b) and insert:
13
14 (b) section 6(1d)(a) were replaced by the
15 following --
16
17 (a) a programme of work lodged by the holder of
18 the general purpose lease in compliance with a
19 condition prescribed for the purposes of
20 section 89; or
21
22 (2) Delete section 90(2)(b) and insert:
23
24 (b) section 74(1)(ca)(ii) and (iii) were replaced by
25 the following --
26
27 (ii) a statement in accordance with
28 subsection (1a);
29
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s. 32
1 (3) In section 90(4) delete "82A, 83, 84, 84A," and insert:
2
3 83, 84A, 103AL, 103AN, 103AO, 103AP, 103AQ, 103AR,
4 103AS, 103AT,
5
6 32. Section 92 amended
7 In section 92 delete "46A,".
8 33. Section 96 amended
9 In section 96(2):
10 (a) in paragraph (b) delete "subject, including any condition
11 referred to in section 46 or section 50," and insert:
12
13 subject, including any conditions referred to in
14 sections 46, 50, 103AE(1), 103AG(3), (4) and (5),
15 103AI(2), (3) and (5), 103AM(2), (3) and (4), 103AO(4)
16 and 103AS,
17
18 (b) in paragraph (bb) delete "section 52(1a), 55B(2)" and
19 insert:
20
21 section 55B(2), 103AV(1)
22
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s. 34
1 34. Part 4AA inserted
2 After section 103 insert:
3
4 Part 4AA -- Conditions and approvals
5 Division 1 -- Preliminary
6 103AA. Terms used
7 In this Part --
8 approvals statement has the meaning given in
9 section 103AP(1);
10 closure outcomes means --
11 (a) in relation to a mining development and closure
12 proposal -- the outcomes, objectives or goals
13 to be achieved at the completion of the
14 decommissioning of a proposed mine, and the
15 rehabilitation of the land, the subject of a
16 mining lease or a miscellaneous licence to
17 which the mining development and closure
18 proposal relates; and
19 (b) in relation to a mine closure plan -- the
20 outcomes, objectives or goals to be achieved at
21 the completion of the decommissioning of a
22 mine, and the rehabilitation of the land, in
23 respect of which a mining lease or a
24 miscellaneous licence is granted;
25 eligible mining activity (EMA) has the meaning given
26 in section 103AB(1);
27 EMA notice has the meaning given in
28 section 103AF(1);
29 licensed activity means an activity authorised by a
30 miscellaneous licence;
page 15
Mining Amendment Bill 2021
s. 34
1 mine closure plan has the meaning given in
2 section 103AR;
3 programme of work means a programme of work
4 required in order to comply with a condition referred to
5 in section 103AG(3)(b) or (4), 103AH(2)(b) or (3) or
6 103AI(2)(b) or (3);
7 relevant information has the meaning given in
8 section 103AO(6).
9 Division 2 -- Conditions and notices relating to eligible
10 mining activities
11 103AB. Eligible mining activities
12 (1) For the purposes of this Part, the regulations may
13 prescribe an activity done on land the subject of a
14 mining tenement to be an eligible mining activity
15 (EMA) if --
16 (a) the activity uses machinery to disturb the
17 surface of the land for the purposes of, or in
18 preparation for, mining; and
19 (b) the activity can be carried out with minimal
20 disturbance to the surface of the land.
21 (2) For the purposes of subsection (1)(b), an EMA is taken
22 to be carried out with minimal disturbance to the
23 surface of the land if it is carried out in accordance
24 with prescribed requirements.
25 103AC. Excluded area notices
26 (1) The Minister may, by notice (an excluded area notice)
27 in the Gazette, declare an area named or described in
28 the notice as an excluded area for the purposes of this
29 Part if the Minister is satisfied that it is not appropriate
30 for an EMA notice to be given in relation to the area.
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Mining Amendment Bill 2021
s. 34
1 (2) An EMA notice cannot be given in relation to an area
2 that is the subject of an excluded area notice.
3 (3) The Minister may, by notice in the Gazette, cancel an
4 excluded area notice.
5 (4) The Minister must keep a register of excluded area
6 notices and make the information on the register
7 publicly available free of charge --
8 (a) by making the register available during normal
9 office hours at a prescribed place for public
10 inspection; and
11 (b) by making the register available on a website
12 maintained by the Department.
13 103AD. Certain lands excluded from EMAs
14 An EMA notice cannot be given in relation to --
15 (a) land, or land of a class, to which section 24,
16 24A or 25 applies; or
17 (b) Commonwealth land.
18 103AE. Condition relating to carrying out EMAs in
19 accordance with prescribed requirements
20 (1) Subject to subsection (2), it is a condition of every
21 mining tenement that the holder of the mining
22 tenement must not carry out an EMA on land the
23 subject of the mining tenement otherwise than in
24 accordance with the requirements for carrying out the
25 EMA prescribed under section 103AB(2).
26 (2) The holder of a mining tenement is not required to
27 comply with subsection (1) in respect of the carrying
28 out of an EMA if --
29 (a) the EMA is proposed in a programme of work
30 relating to the mining tenement, and approved
31 under section 103AK(1); or
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Mining Amendment Bill 2021
s. 34
1 (b) the EMA is proposed in a mining development
2 and closure proposal relating to the mining
3 tenement and approved under
4 section 103AO(1).
5 (3) Subsection (1) does not affect any obligation the holder
6 of a mining tenement has to comply with a condition
7 referred to in section 103AG(5), 103AH(5), 103AI(5),
8 103AL(4) or 103AM(4) in relation to the carrying out
9 of an EMA.
10 103AF. EMA notices and notices of completion
11 (1) A notice (an EMA notice) of an EMA required in order
12 to comply with a condition referred to in
13 section 103AG(3)(a), 103AH(2)(a), 103AI(2)(a),
14 103AL(2)(a) or 103AM(2)(a) must be in the approved
15 form.
16 (2) The holder of a mining tenement who gives an EMA
17 notice under this Part must, on completing the EMA,
18 give the Minister notice of the completion in the
19 approved form.
20 (3) The regulations must specify --
21 (a) the manner in which an EMA notice must be
22 given; and
23 (b) the period within which a notice of completion
24 must be given under subsection (2).
25 Division 3 -- Programmes of work
26 103AG. Conditions attached to prospecting licences,
27 exploration licences and retention licences
28 (1) In this section --
29 relevant licence means --
30 (a) a prospecting licence; or
page 18
Mining Amendment Bill 2021
s. 34
1 (b) an exploration licence; or
2 (c) a retention licence.
3 (2) This section applies to an activity done on land the
4 subject of a relevant licence using machinery to disturb
5 the surface of the land for the purposes of, or in
6 preparation for, prospecting or exploring for minerals.
7 (3) It is a condition of every relevant licence that an
8 activity that is an EMA must not be done by the holder
9 of the relevant licence on land the subject of the
10 relevant licence unless --
11 (a) the holder has given an EMA notice in respect
12 of the activity; or
13 (b) the EMA is proposed in a programme of work
14 and approved under section 103AK(1).
15 (4) It is a condition of every relevant licence that an
16 activity that is not an EMA must not be done by the
17 holder of the relevant licence on land the subject of the
18 relevant licence unless the activity is proposed in a
19 programme of work and approved under
20 section 103AK(1).
21 (5) It is a condition of every relevant licence that, if an
22 activity on land the subject of the relevant licence is
23 proposed in a programme of work and approved under
24 section 103AK(1), the holder of the relevant licence
25 must not do the activity on the land otherwise than in
26 accordance with the approved programme of work for
27 the activity.
28 103AH. Conditions attached to mining leases
29 (1) This section applies to an activity done on land the
30 subject of a mining lease using machinery to disturb
31 the surface of the land for the purposes of, or in
page 19
Mining Amendment Bill 2021
s. 34
1 preparation for, prospecting or exploring for minerals
2 but does not apply to mining operations.
3 (2) It is a condition of every mining lease that an activity
4 that is an EMA must not be done by the lessee on land
5 the subject of the mining lease unless --
6 (a) the lessee has given an EMA notice in respect
7 of the activity; or
8 (b) the EMA is proposed in a programme of work
9 and approved under section 103AK(1).
10 (3) It is a condition of every mining lease that an activity
11 that is not an EMA must not be done by the lessee on
12 land the subject of the mining lease unless the activity
13 is proposed in a programme of work and approved
14 under section 103AK(1).
15 (4) A lessee of a mining lease is not required to comply
16 with the condition referred to in subsection (2) or (3) in
17 respect of an activity that is proposed in a mining
18 development and closure proposal relating to the
19 mining lease and approved under section 103AO(1).
20 (5) It is a condition of every mining lease that, if an
21 activity on land the subject of the lease is proposed in a
22 programme of work and approved under
23 section 103AK(1), the lessee must not do the activity
24 on the land otherwise than in accordance with the
25 approved programme of work for the activity.
26 (6) Unless a Government agreement provides otherwise,
27 this section does not apply to a mining lease granted or
28 held under the agreement in accordance with proposals
29 approved, taken to be approved or determined under
30 the agreement.
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s. 34
1 103AI. Conditions attached to miscellaneous licences
2 (1) This section applies to an activity done on land the
3 subject of a miscellaneous licence using machinery to
4 disturb the surface of the land for the purposes of, or in
5 preparation for, a licensed activity but does not apply
6 to mining operations.
7 (2) It is a condition of every miscellaneous licence that a
8 licensed activity that is an EMA must not be done by
9 the holder of the miscellaneous licence on land the
10 subject of the miscellaneous licence unless --
11 (a) the holder has given an EMA notice in respect
12 of the activity; or
13 (b) the EMA is proposed in a programme of work
14 and approved under section 103AK(1).
15 (3) It is a condition of every miscellaneous licence that a
16 licensed activity that is not an EMA must not be done
17 by the holder of the miscellaneous licence on land the
18 subject of the miscellaneous licence unless the licensed
19 activity is proposed in a programme of work and
20 approved under section 103AK(1).
21 (4) A holder of a miscellaneous licence is not required to
22 comply with a condition referred to in subsection (2)
23 or (3) in respect of a licensed activity that is proposed
24 in a mining development and closure proposal relating
25 to the miscellaneous licence and approved under
26 section 103AO(1).
27 (5) It is a condition of every miscellaneous licence that, if
28 a licensed activity on land the subject of the
29 miscellaneous licence is proposed in a programme of
30 work and approved under section 103AK(1), the holder
31 of the miscellaneous licence must not do the activity on
32 the land otherwise than in accordance with the
33 approved programme of work for the activity.
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Mining Amendment Bill 2021
s. 34
1 (6) Unless a Government agreement provides otherwise,
2 this section does not apply to a miscellaneous licence
3 granted or held under the agreement in accordance with
4 proposals approved, taken to be approved or
5 determined under the agreement.
6 103AJ. Lodgment of programmes of work
7 (1) In this section --
8 relevant lodging party means --
9 (a) in relation to a programme of work lodged for
10 an activity on land the subject of a prospecting
11 licence, an exploration licence or a retention
12 licence -- the holder of the licence, or a person
13 authorised by the holder of the licence; or
14 (b) in relation to a programme of work lodged for
15 an activity on land the subject of a mining
16 lease -- the lessee of the mining lease, or a
17 person authorised by the lessee of the mining
18 lease; or
19 (c) in relation to a programme of work lodged for a
20 licensed activity on land the subject of a
21 miscellaneous licence -- the holder of the
22 miscellaneous licence, or a person authorised
23 by the holder of the miscellaneous licence.
24 (2) A programme of work required in order to comply with
25 a condition referred to in section 103AG(3)(b) or (4),
26 103AH(2)(b) or (3) or 103AI(2)(b) or (3) must be
27 lodged with the Minister by the relevant lodging party
28 in accordance with subsection (3).
29 (3) The programme of work must --
30 (a) be lodged in the prescribed manner; and
31 (b) be in the approved form; and
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s. 34
1 (c) be accompanied by the prescribed assessment
2 fee; and
3 (d) include any prescribed information.
4 (4) Before the Minister approves or refuses to approve an
5 activity proposed in a programme of work under
6 section 103AK(1) --
7 (a) the Minister may request the relevant lodging
8 party --
9 (i) to lodge a substitute programme of
10 work; or
11 (ii) to provide such further information as
12 the Minister may require for the
13 purposes of making the decision;
14 or
15 (b) the relevant lodging party may, with the written
16 permission of the Minister, lodge a substitute
17 programme of work.
18 (5) The activity proposed in a substitute programme of
19 work must not be substantially different to the activity
20 proposed in the programme of work it is intended to
21 replace.
22 (6) A relevant lodging party who has lodged a programme
23 of work or a substitute programme of work may
24 withdraw it, by written notice to the Minister, at any
25 time before the Minister approves or refuses to approve
26 the activity proposed in the programme of work under
27 section 103AK(1).
28 103AK. Approval of activities in programmes of work
29 (1) The Minister must approve, or refuse to approve, an
30 activity proposed in a programme of work or a
31 substitute programme of work (if any).
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1 (2) The Minister must --
2 (a) notify the holder of the mining tenement to
3 which the programme of work relates in writing
4 of the Minister's decision under subsection (1);
5 and
6 (b) if the decision is to refuse to approve the
7 activity, include in the notification the reasons
8 for the refusal.
9 (3) An approval takes effect when notice of it is given to
10 the holder of the mining tenement to which the
11 programme of work relates.
12 Division 4 -- Mining development and closure
13 proposals
14 103AL. Conditions relating to mining operations on land
15 subject of mining leases
16 (1) This section applies to the following activities done on
17 land the subject of a mining lease --
18 (a) using machinery to disturb the surface of the
19 land for the purposes of, or in preparation for,
20 mining operations;
21 (b) carrying out mining operations.
22 (2) It is a condition of every mining lease that an activity
23 that is an EMA must not be done by the lessee on land
24 the subject of the mining lease unless --
25 (a) the lessee has given an EMA notice in respect
26 of the activity; or
27 (b) the EMA is proposed in a mining development
28 and closure proposal and approved under
29 section 103AO(1).
30 (3) It is a condition of every mining lease that an activity
31 that is not an EMA must not be done by the lessee on
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1 land the subject of the mining lease unless the activity
2 is proposed in a mining development and closure
3 proposal and approved under section 103AO(1).
4 (4) It is a condition of every mining lease that, if an
5 activity on land the subject of the lease is proposed in a
6 mining development and closure proposal and
7 approved under section 103AO(1), the lessee must not
8 do the activity on the land otherwise than in accordance
9 with the approvals statement for the lease.
10 (5) Unless a Government agreement provides otherwise,
11 this section does not apply to a mining lease granted or
12 held under the agreement in accordance with proposals
13 approved, taken to be approved or determined under
14 the agreement.
15 103AM. Conditions relating to mining operations on land
16 subject of miscellaneous licences
17 (1) This section applies to the following licensed activities
18 done on land the subject of a miscellaneous licence --
19 (a) using machinery to disturb the surface of the
20 land for the purposes of, or in preparation for,
21 mining operations;
22 (b) carrying out mining operations.
23 (2) It is a condition of every miscellaneous licence that a
24 licensed activity that is an EMA must not be done by
25 the holder of the miscellaneous licence on land the
26 subject of the miscellaneous licence unless --
27 (a) the holder has given an EMA notice in respect
28 of the activity; or
29 (b) the EMA is proposed in a mining development
30 and closure proposal and approved under
31 section 103AO(1).
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1 (3) It is a condition of every miscellaneous licence that a
2 licensed activity that is not an EMA must not be done
3 by the holder of the miscellaneous licence on land the
4 subject of the miscellaneous licence unless the licensed
5 activity is proposed in a mining development and
6 closure proposal and approved under
7 section 103AO(1).
8 (4) It is a condition of every miscellaneous licence that, if
9 a licensed activity on land the subject of the
10 miscellaneous licence is proposed in a mining
11 development and closure proposal and approved under
12 section 103AO(1), the holder of the miscellaneous
13 licence must not do the activity on the land otherwise
14 than in accordance with the approvals statement for the
15 miscellaneous licence.
16 (5) Unless a Government agreement provides otherwise,
17 this section does not apply to a miscellaneous licence
18 granted or held under the agreement in accordance with
19 proposals approved, taken to be approved or
20 determined under the agreement.
21 103AN. Lodgment of mining development and closure
22 proposal
23 (1) In this section --
24 relevant lodging party means --
25 (a) in relation to a mining development and closure
26 proposal lodged for an activity on land the
27 subject of a mining lease -- the lessee of the
28 mining lease, or a person authorised by the
29 lessee of the mining lease; or
30 (b) in relation to a mining development and closure
31 proposal lodged for a licensed activity on land
32 the subject of a miscellaneous licence -- the
33 holder of the miscellaneous licence, or a person
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1 authorised by the holder of the miscellaneous
2 licence.
3 (2) A mining development and closure proposal required
4 in order to comply with a condition referred to in
5 section 103AL(2)(b) or (3) or 103AM(2)(b) or (3) must
6 be lodged with the Minister by the relevant lodging
7 party in accordance with subsection (3).
8 (3) The mining development and closure proposal must --
9 (a) be lodged in the prescribed manner; and
10 (b) be in the approved form; and
11 (c) be accompanied by the prescribed assessment
12 fee; and
13 (d) include detailed information regarding --
14 (i) the proposed mining operations to be
15 carried out; and
16 (ii) the decommissioning of any proposed
17 mine to which the mining development
18 and closure proposal relates; and
19 (iii) the rehabilitation of land the subject of
20 the mining tenement to which the
21 mining development and closure
22 proposal relates; and
23 (iv) the closure outcomes;
24 and
25 (e) include any prescribed information.
26 (4) Before the Minister approves, or refuses to approve, an
27 activity proposed in a mining development and closure
28 proposal under section 103AO(1) --
29 (a) the Minister may request the relevant lodging
30 party --
31 (i) to lodge a substitute mining
32 development and closure proposal; or
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1 (ii) to provide such further information as
2 the Minister may require for the
3 purposes of making the decision;
4 or
5 (b) the relevant lodging party may, with the written
6 permission of the Minister, lodge a substitute
7 mining development and closure proposal.
8 (5) The activity proposed in a substitute mining
9 development and closure proposal must not be
10 substantially different to the activity proposed in the
11 mining development and closure proposal it is intended
12 to replace.
13 (6) A relevant lodging party who has lodged a mining
14 development and closure proposal or a substitute
15 mining development and closure proposal may
16 withdraw it, by written notice to the Minister, at any
17 time before the Minister approves or refuses to approve
18 the activity proposed in the mining development and
19 closure proposal under section 103AO(1).
20 103AO. Approval of activities in mining development and
21 closure proposals
22 (1) The Minister must approve, or refuse to approve, an
23 activity proposed in a mining development and closure
24 proposal or a substitute mining development and
25 closure proposal (if any).
26 (2) If the Minister approves an activity under
27 subsection (1), the Minister must --
28 (a) record the approval on an approvals statement
29 for the mining lease or the miscellaneous
30 licence to which the mining development and
31 closure proposal relates; and
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1 (b) give a copy of the approvals statement to the
2 lessee of the mining lease or the holder of the
3 miscellaneous licence to which the mining
4 development and closure proposal relates.
5 (3) If the decision is to refuse to approve the activity, the
6 Minister must notify the lessee of the mining lease or
7 the holder of the miscellaneous licence to which the
8 mining development and closure proposal relates in
9 writing of the Minister's decision and include in the
10 notification the reasons for the refusal.
11 (4) The Minister may impose conditions on an approval
12 and those conditions must be recorded on the approvals
13 statement.
14 (5) A condition recorded on an approvals statement has
15 effect for all purposes as a condition to which the
16 mining lease or the miscellaneous licence is subject.
17 (6) The Minister may record information (the relevant
18 information) provided in a mining development and
19 closure proposal, that is relevant to the nature and
20 extent of the activity in the proposal, on the approvals
21 statement for the mining lease or the miscellaneous
22 licence to which the mining development and closure
23 proposal relates.
24 (7) An approvals statement takes effect when it is given to
25 the holder of the mining lease or the miscellaneous
26 licence to which it relates and remains in force until it
27 is cancelled by the Minister.
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1 103AP. Approvals statements
2 (1) An approvals statement is a document that, in relation
3 to a mining lease or a miscellaneous licence, records
4 the following information --
5 (a) an approval given to an activity on land the
6 subject of the mining lease or the miscellaneous
7 licence proposed in a mining development and
8 closure proposal;
9 (b) any conditions attached to the approval;
10 (c) any relevant information;
11 (d) the closure outcomes included in a mining
12 development and closure proposal relating to
13 the mining lease or the miscellaneous licence;
14 (e) the date by which a mine closure plan for the
15 land the subject of the mining lease or the
16 miscellaneous licence must be lodged.
17 (2) An approvals statement must be --
18 (a) in writing; and
19 (b) signed by the Minister.
20 (3) The Minister must make an approvals statement
21 available for public inspection in accordance with the
22 regulations.
23 103AQ. Cancellations and variations recorded on approvals
24 statements
25 (1) The Minister may, on the Minister's own initiative or
26 by application in writing by the lessee of a mining
27 lease or the holder of a miscellaneous licence to which
28 an approvals statement relates --
29 (a) cancel an approval given to an activity under
30 section 103AO(1); or
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1 (b) cancel or vary a condition that is recorded on
2 the approvals statement under
3 section 103AO(4); or
4 (c) vary any relevant information that is recorded
5 on the approvals statement under
6 section 103AO(6).
7 (2) The Minister must --
8 (a) record a cancellation or a variation made under
9 subsection (1) on the approvals statement to
10 which the cancellation or variation relates; and
11 (b) give a copy of the amended approvals statement
12 to the lessee of the mining lease or the holder of
13 the miscellaneous licence to which the
14 approvals statement relates.
15 (3) A cancellation or a variation made under subsection (1)
16 takes effect on the day recorded on the amended
17 approvals statement.
18 Division 5 -- Mine closure plans
19 103AR. Contents of mine closure plan
20 A mine closure plan, for land the subject of a mining
21 lease or a miscellaneous licence, is a planning and
22 reporting document that provides for --
23 (a) the decommissioning of each mine on the land;
24 and
25 (b) the rehabilitation of the land; and
26 (c) the closure outcomes; and
27 (d) any other prescribed information.
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1 103AS. Conditions relating to mine closure plans
2 It is a condition of every mining lease or miscellaneous
3 licence that the lessee of the mining lease or the holder
4 of the miscellaneous licence must lodge a mine closure
5 plan for land the subject of the mining lease or the
6 miscellaneous licence in compliance with
7 section 103AT(1).
8 103AT. Lodgment of mine closure plans
9 (1) The lessee of a mining lease or the holder of a
10 miscellaneous licence, or a person authorised by the
11 lessee of the mining lease or the holder of the
12 miscellaneous licence (as the case requires) must lodge
13 a mine closure plan required in order to comply with
14 the condition referred to in section 103AS --
15 (a) with the Minister in the prescribed manner; and
16 (b) on or before the date recorded on the approvals
17 statement for the mining lease or the
18 miscellaneous licence, as the date required for
19 lodgment of the mine closure plan.
20 (2) The mine closure plan must be in the approved form.
21 (3) The Minister may extend or vary the date recorded on
22 the approvals statement by which a mine closure plan
23 must be lodged.
24 (4) If the Minister extends or varies the date under
25 subsection (3), the Minister must --
26 (a) give the lessee of the mining lease or the holder
27 of the miscellaneous licence (as the case
28 requires) written notice that the date has been
29 extended or varied; and
30 (b) amend the date recorded on the approvals
31 statement accordingly.
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1 Division 6 -- Other conditions
2 103AU. Conditions for preventing, reducing or remediating
3 injury to land and for other purposes
4 (1) The Minister may impose a condition on a mining
5 tenement for the following purposes --
6 (a) preventing, reducing or remediating injury to
7 land the subject of the mining tenement or other
8 land;
9 (b) preventing or reducing the impact of mining on
10 the statutory or public purposes for which land
11 to which section 24 or 24A applies is reserved
12 or managed, or remediating such land.
13 (2) The condition may be imposed --
14 (a) in the case of a prospecting licence or a
15 miscellaneous licence --
16 (i) by the mining registrar, or the warden,
17 on the granting of the licence; or
18 (ii) by the Minister on the granting of the
19 licence or at any subsequent time;
20 and
21 (b) in any other case, by the Minister on the
22 granting of the mining tenement or at any
23 subsequent time.
24 (3) A condition imposed under subsection (1) may be
25 cancelled or varied by the Minister at any time.
26 (4) The condition has effect for all purposes ,whether or
27 not the condition is endorsed on the mining tenement,
28 on notice of the imposition of the condition being given
29 in writing to the holder of the mining tenement.
30 (5) Without limiting subsection (1), a condition may be
31 imposed for the purpose of preventing mining
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1 operations being carried out within a specified distance
2 of the natural surface of the land the subject of a
3 mining tenement.
4 Division 7 -- Securities
5 103AV. Security for compliance with conditions
6 (1) The Minister may require the holder of a mining
7 tenement to lodge a security for compliance with any
8 conditions imposed under section 103AO(4)
9 or 103AU(1).
10 (2) A security referred to in subsection (1) --
11 (a) must be lodged in the prescribed manner and
12 within the period specified in writing by the
13 Minister; and
14 (b) is subject to the provisions of section 126.
15
16 35. Section 103EA amended
17 In section 103EA(3) before "taken" delete "to be".
18 36. Section 105A amended
19 In section 105A(6) delete "to be".
20 37. Section 122C amended
21 In section 122C before "taken" delete "to be".
22 38. Section 126 amended
23 In section 126(1):
24 (a) delete "section 26, 52, 60, 70F or 84A --" and insert:
25
26 section 26, 52(1), 60(1), 70F(1), 84A(1) or 103AV(1) --
27
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1 (b) in paragraph (a)(i) delete "section 26, 52(1a), 60(1a),
2 70F(2) or 84A(2)," and insert:
3
4 section 26 or 103AV(1),
5
6 39. Section 140 amended
7 In section 140(4) and (5) before "taken" delete "to be".
8 40. Section 162 amended
9 (1) In section 162(1) delete "he deems" and insert:
10
11 the Governor thinks
12
13 (2) In section 162(2)(eb) delete "to be".
14 (3) In section 162(2)(ga) delete "section" and insert:
15
16 sections
17
18 41. Second Schedule Division 3 inserted
19 At the end of the Second Schedule insert:
20
21 Division 3 -- Provisions relating to Mining Amendment
22 Act 2021
23 20. Terms used
24 In this Division --
25 commencement day means the day on which the Mining
26 Amendment Act 2021 section 34 comes into operation;
27 former, in relation to a provision, means the provision as in
28 force immediately before commencement day.
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1 21. Continuation of conditions for prevention or reduction
2 of injury to land
3 (1) In this clause --
4 former provision means --
5 (a) former section 46A; or
6 (b) former section 63AA; or
7 (c) former section 70I; or
8 (d) former section 84.
9 (2) A condition that was, immediately before commencement
10 day, imposed on the holder of a mining tenement under a
11 former provision has effect, on and from commencement
12 day, as if it were a condition imposed on the mining
13 tenement under section 103AU(1).
14 (3) Subclause (2) applies whether or not the condition is of a
15 kind that, on or after commencement day, could be imposed
16 on the mining tenement under section 103AU(1).
17 22. Continuation of securities
18 (1) In this clause --
19 former provision means --
20 (a) former section 52(1a); or
21 (b) former section 60(1a); or
22 (c) former section 70F(2); or
23 (d) former section 84A(2).
24 (2) A security that was, immediately before commencement
25 day, required to be lodged by the holder of a mining
26 tenement under a former provision is, on and from
27 commencement day, taken to be a security required to be
28 lodged by the holder of the mining tenement under
29 section 103AV(1).
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1 23. Transitional provisions for programmes of work
2 (1) In this clause --
3 existing undetermined programme of work means a
4 programme of work that --
5 (a) was lodged before commencement day in
6 accordance with a former provision; and
7 (b) was not, before commencement day, approved or
8 refused to be approved as described in that former
9 provision;
10 former provision means --
11 (a) former section 46(aa); or
12 (b) former section 63(aa); or
13 (c) former section 70H(1)(aa); or
14 (d) former section 82(1)(ca)(i);
15 previously approved programme of work means a
16 programme of work referred to in a former provision for
17 which there was, immediately before commencement day,
18 approval as described in that former provision.
19 (2) On and from commencement day --
20 (a) a previously approved programme of work is taken
21 to be a programme of work lodged in accordance
22 with section 103AJ(2); and
23 (b) an activity proposed in a previously approved
24 programme of work is taken to be approved under
25 section 103AK(1).
26 (3) On and from commencement day, an existing undetermined
27 programme of work is taken to be a programme of work
28 lodged in accordance with section 103AJ(2).
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1 24. Transitional provisions for existing undetermined
2 mining proposals
3 (1) In this clause --
4 existing undetermined mining proposal means --
5 (a) a mining proposal that accompanied, under former
6 section 74(1)(ca)(i), the application for a mining
7 lease that was lodged, but not finally determined,
8 before commencement day; or
9 (b) a mining proposal that was lodged before
10 commencement day in accordance with former
11 section 82A(2)(a) and written approval for the
12 mining proposal was not obtained before
13 commencement day, as described in former
14 section 82A(2)(b); or
15 (c) a mining proposal that was lodged before
16 commencement day in accordance with a condition
17 imposed under former section 84 and was not,
18 before commencement day, approved or refused to
19 be approved as described in the condition;
20 (2) On and from commencement day --
21 (a) an existing undetermined mining proposal is taken
22 to be a mining development and closure proposal
23 lodged in accordance with section 103AN(2); and
24 (b) a mine closure plan contained in an existing
25 undetermined mining proposal is taken to be
26 information required under section 103AN(3)(d)(ii),
27 (iii) and (iv) to be included in a mining
28 development and closure proposal lodged in
29 accordance with section 103AN(2).
30 25. Transitional provisions for previously approved mining
31 proposals
32 (1) In this clause --
33 previously approved mining proposal means --
34 (a) a mining proposal that accompanied, under former
35 section 74(1)(ca)(i), the application for a mining
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1 lease that was granted before commencement day;
2 or
3 (b) a mining proposal for which there was, immediately
4 before commencement day, approval as described
5 in former section 82A(2)(b); or
6 (c) a mining proposal for which there was, immediately
7 before commencement day, approval as described
8 in a condition imposed under former section 84;
9 transition period means the period beginning on
10 commencement day and ending --
11 (a) 10 years after that day; or
12 (b) on a later day approved by --
13 (i) the Minister; or
14 (ii) if the Minister does not approve a later
15 day -- the Director General of Mines.
16 (2) During the transition period, a copy of an approvals
17 statement may be given to the holder of a mining tenement
18 in accordance with section 103AO(2)(b).
19 (3) If an approvals statement is given under subclause (2) --
20 (a) a previously approved mining proposal for the
21 mining tenement is taken to be a mining
22 development and closure proposal lodged in
23 accordance with section 103AN(2); and
24 (b) the mining operations proposed in the previously
25 approved mining proposal for the mining tenement
26 is taken to be an activity (a transitioned activity)
27 approved under section 103AO(1); and
28 (c) the mine closure plan contained in the previously
29 approved mining proposal for the mining tenement
30 is taken to be a mine closure plan lodged in
31 accordance with section 103AT(1).
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1 (4) An approval of a transitioned activity must be recorded on
2 the approvals statement in accordance with
3 section 103AO(2)(a).
4
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