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National Parks and Wildlife (Hincks Conservation
Park—Mining Rights) Proclamation 2004
under section 43 of the National Parks and Wildlife Act 1972
1 The Crown land described in Schedule 1 is, by another proclamation made
on this day, added to the Hincks Conservation Park under section 29(3) of the
National Parks and Wildlife Act 1972.
2 It is intended that, by this proclamation, certain existing and future
rights of entry, prospecting, exploration or mining be preserved in relation to
the land added to the conservation park.
This proclamation may be cited as the National Parks and Wildlife
(Hincks Conservation Park—Mining Rights)
Proclamation 2004.
This proclamation comes into operation on the day on which it is
made.
3—Acquisition or exercise of
mining rights
(1) Subject to clause 4, existing rights of entry, prospecting,
exploration or mining under the Mining Act 1971 may continue to be
exercised in respect of the land described in Schedule 1.
(2) Rights of entry, prospecting, exploration or mining may, with the
approval of the Minister for Mineral Resources Development and the Minister for
Environment and Conservation, be acquired pursuant to the Mining
Act 1971 in respect of the land described in Schedule 1 and may,
subject to clause 4, be exercised in respect of that land.
4—Conditions for exercise of
mining rights
A person in whom rights of entry, prospecting, exploration or mining are
vested pursuant to the Mining Act 1971 (whether those rights were
acquired before or after the making of this proclamation) must not exercise
those rights in respect of the land described in Schedule 1 unless the person
complies with the following conditions:
(a) if any drilling, excavation, vegetation clearance, construction or
other work in relation to the land in the exercise of rights under the Mining
Act 1971 has not previously been authorised, the person must give at
least 3 months notice of that proposed work to the Minister for Mineral
Resources Development and the Minister for Environment and Conservation and
supply each Minister with such information in relation to the proposed work as
the Minister may require;
(b) if directions are agreed upon by the Minister for Mineral Resources
Development and the Minister for Environment and Conservation and given to the
person in writing in relation to—
(i) carrying out work in relation to the land in a manner that minimises
damage to the land (including vegetation or wildlife on the land) and the
environment generally; or
(ii) preserving objects, structures or sites of historical, scientific or
cultural interest; or
(iii) rehabilitating the land (including vegetation or wildlife on the
land) on completion of the work; or
(iv) (where the work is being carried out in the exercise of rights
acquired after the making of this proclamation) prohibiting or restricting
access to any specified area of the land that the Ministers believe would suffer
significant detriment as a result of carrying out the work,
the person must comply with those directions in carrying out the
work;
(c) if a plan of management is in operation under section 38 of the
National Parks and Wildlife Act 1972 in respect of the land, the
person must have regard to the provisions of the plan of management;
(d) in addition to complying with the other requirements of this
proclamation, the person—
(i) must take such steps as are reasonably necessary to ensure that
objects, structures and sites of historical, scientific or cultural interest and
any vegetation or wildlife on the land are not unduly affected by any work;
and
(ii) must maintain all work areas in a clean and tidy condition;
and
(iii) must, upon the completion of any work, obliterate or remove all
installations and structures (other that installations and structures designated
by the Minister for Mineral Resources Development and the Minister for
Environment and Conservation as suitable for retention) used exclusively for the
purposes of that work;
(e) if no direction has been given by the Minister for Mineral Resources
Development and the Minister for Environment and Conservation under paragraph
(b)(iii), the person must rehabilitate the land (including its vegetation and
wildlife) on completion of the work to the satisfaction of the Minister for
Environment and Conservation.
5—Determination by Governor where
Ministers do not agree
If the Minister for Mineral Resources Development and the Minister for
Environment and Conservation cannot agree as to whether—
(a) approval should be granted or refused under clause 3(2); or
(b) a direction should be given under clause 4(b),
the Governor may, with the advice and consent of the Executive
Council—
(c) grant or refuse the necessary approval under clause 3(2); or
(d) give a direction in writing under clause 4(b).
Schedule 1—Description of
land
Allotment 2 of DP 31955, Hundred of Peachna.
Made by the Governor
with the advice and consent of the Executive Council
on 30 September
2004
EC04/0071CS
[Published in the Gazette on 30 September 2004 at page 3779]