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National Parks and Wildlife (Cocata Conservation
Park—Mining Rights) Proclamation 2009
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 Cocata Conservation Park under section 30(2) 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
that land.
This proclamation may be cited as the National Parks and Wildlife
(Cocata Conservation Park—Mining Rights)
Proclamation 2009.
This proclamation comes into operation on the day on which it is
made.
In this proclamation—
Environment Minister means the Minister for the time being
administering the National Parks and Wildlife Act 1972;
Mining Minister means the Minister for the time being
administering the Mining Act 1971.
Subject to clause 6, 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.
Rights of entry, prospecting, exploration or mining may, with the approval
of the Mining Minister and the Environment Minister, be acquired pursuant to the
Mining Act 1971 in respect of the land described in Schedule 1 and
may, subject to clause 6, be exercised in respect of that land.
6—Conditions
for exercise of 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 work to be carried out in relation to the land in the exercise of
those rights has not previously been authorised, the person must give at least
3 months notice of the proposed work to the Mining Minister and the
Environment Minister and must supply each Minister with such information
relating to the proposed work as the Minister may require;
(b) if directions are agreed between the Mining Minister and the
Environment Minister 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 the land's vegetation and wildlife) and the
environment generally; or
(ii) preserving objects, structures or sites of historical, scientific or
cultural interest; or
(iii) rehabilitating the land (including the land's vegetation and
wildlife) 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
the land's vegetation and wildlife are not unduly affected by any work;
and
(ii) must maintain all work areas in a clean and tidy condition;
and
(iii) must, on the completion of any work, obliterate or remove all
installations and structures (other than installations and structures designated
by the Mining Minister and the Environment Minister as suitable for retention)
used exclusively for the purposes of that work;
(e) if no direction has been given by the Mining Minister and the
Environment Minister under paragraph (b)(iii), the person must rehabilitate
the land (including its vegetation and wildlife) on completion of any work to
the satisfaction of the Environment Minister.
7—Governor may give approvals,
directions
If the Mining Minister and the Environment Minister cannot agree as to
whether—
(a) approval should be granted or refused under clause 5;
or
(b) a direction should be given under clause 6(b),
the Governor may, with the advice and consent of the Executive
Council—
(c) grant or refuse the necessary approval under clause 5;
or
(d) give a direction in writing under clause 6(b).
Schedule 1—Description of land
Allotment 50 of Deposited Plan 25893, Hundred of
Pordia;
Allotment 52 of Deposited Plan 26395, Hundred of
Cocata;
Allotment 55 of Deposited Plan 26400, Hundred of
Cocata;
Section 15, Hundred of Cocata;
Section 36, Hundred of Kappakoola.
Made by the Governor
with the advice and consent of the Executive Council
on 20 August
2009
EHCS09/0015
[Published in the Gazette on 20 August 2009 at page 3743]