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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Mining Amendment (Procedures and
Validation) Bill 2018
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Mining Act 1978 amended
3. Act amended 3
4. Section 6 amended 3
5. Section 58 amended 3
6. Section 59 amended 4
7. Section 70D amended 4
8. Section 70O amended 4
9. Section 74 amended 5
10. Section 74A amended 7
11. Section 75 amended 8
12. Section 82A amended 12
13. Section 84AA amended 13
14. Section 90 amended 13
15. Section 97A amended 13
16. Section 98 amended 13
17. Section 102 amended 14
18. Section 125B inserted 14
125B. Compensation not affected by Part X 14
19. Section 162B amended 14
20. Section 162 amended 15
21. Part X inserted 16
Part X -- Validation
164. Terms used 16
165. Pending applications 18
83--1 page i
Mining Amendment (Procedures and Validation) Bill 2018
Contents
166. Validation of grant, amendment or renewal
of mining tenements and related actions 20
Part 3 -- Mining Legislation
Amendment Act 2014 amended
22. Act amended 23
23. Sections 4 to 7 deleted 23
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Mining Amendment (Procedures and
Validation) Bill 2018
A Bill for
An Act to amend --
the Mining Act 1978; and
the Mining Legislation Amendment Act 2014.
The Parliament of Western Australia enacts as follows:
page 1
Mining Amendment (Procedures and Validation) Bill 2018
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Mining Amendment (Procedures and Validation)
4 Act 2018.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) this Part -- on the day on which this Act receives the
8 Royal Assent;
9 (b) the rest of the Act -- on a day fixed by proclamation,
10 and different days may be fixed for different provisions.
page 2
Mining Amendment (Procedures and Validation) Bill 2018
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 6 amended
5 In section 6(1a) delete "accompanied by the documentation
6 referred to in section 74(1)(ca)(ii) --" and insert:
7
8 in respect of which the documents referred to in
9 section 74(1AA)(b) or (c) have been lodged --
10
11 5. Section 58 amended
12 In section 58(1):
13 (a) delete paragraph (b)(i);
14 (b) in paragraph (b)(ii) delete "such area; and" and insert:
15
16 the first year of the term of the licence; and
17
18 (c) in paragraph (b)(iii) delete "exploration; and" and insert:
19
20 exploration in the first year of the term of the licence;
21 and
22
23 (d) in paragraph (b)(iv) delete "applicant;" and insert:
24
25 applicant in the first year of the term of the licence;
26
page 3
Mining Amendment (Procedures and Validation) Bill 2018
Part 2 Mining Act 1978 amended
s. 6
1 6. Section 59 amended
2 Delete section 59(5) and insert:
3
4 (5) The warden must as soon as practicable after the
5 hearing of the application forward to the Minister for
6 the Minister's consideration a report which
7 recommends the grant or refusal of the exploration
8 licence and sets out the reasons for that
9 recommendation.
10
11 7. Section 70D amended
12 Delete section 70D(5) and insert:
13
14 (5) The warden must as soon as practicable after the
15 hearing of the application forward to the Minister for
16 the Minister's consideration a report which
17 recommends the grant or refusal of the retention
18 licence and sets out the reasons for that
19 recommendation.
20
21 8. Section 70O amended
22 In section 70O in the definition of relevant mining proposal
23 delete paragraph (a) and insert:
24
25 (a) a mining proposal lodged in respect of the
26 application for the mining lease; or
27
page 4
Mining Amendment (Procedures and Validation) Bill 2018
Mining Act 1978 amended Part 2
s. 9
1 9. Section 74 amended
2 (1) Delete section 74(1)(ca).
3 (2) Delete section 74(1AA) and insert:
4
5 (1AA) An application for a mining lease is not to be dealt with
6 or be determined under section 75 (except under
7 section 75(1B)) unless the applicant has lodged in
8 respect of the application within the prescribed time
9 and in the prescribed manner --
10 (a) a mining proposal; or
11 (b) a statement in accordance with subsection (1a)
12 and a mineralisation report; or
13 (c) a statement in accordance with subsection (1a)
14 and a resource report.
15 (1AB) Subsection (1AA) does not prevent a notice of
16 objection to the granting of the application from being
17 lodged before the lodgment of a document or
18 documents as referred to in that subsection.
19
20 (3) In section 74(1a):
21 (a) delete "subsection (1)(ca)(ii) and (iii)" and insert:
22
23 subsection (1AA)(b) and (c)
24
25 (b) delete paragraph (c) and insert:
26
27 (c) the location of those mining operations and the
28 location and area of land that is likely to be
29 required for any infrastructure associated with
30 those mining operations.
31
page 5
Mining Amendment (Procedures and Validation) Bill 2018
Part 2 Mining Act 1978 amended
s. 9
1 (4) Delete section 74(5)(a) and insert:
2
3 (a) any document referred to in subsection (1AA)
4 that is lodged in respect of the application; and
5
6 (5) In section 74(7) delete the definition of JORC Code.
7 (6) In section 74(7) insert in alphabetical order:
8
9 ASX means Australian Securities Exchange Limited;
10 current JORC Code means the Australasian Code for
11 Reporting of Exploration Results, Mineral Resources
12 and Ore Reserves prepared by the Joint Ore Reserves
13 Committee of the Australasian Institute of Mining and
14 Metallurgy, the Australian Institute of Geoscientists
15 and the Minerals Council of Australia in the form most
16 recently adopted by ASX before the application is
17 made;
18
19 (7) In section 74(7) in the definition of mineralisation report after
20 "a report" insert:
21
22 prepared by a qualified person
23
24 (8) In section 74(7) in the definition of resource report:
25 (a) in paragraph (b) before "JORC Code" insert:
26
27 current
28
29 (b) delete paragraph (c) and insert:
30
31 (c) that has been given to ASX.
32
page 6
Mining Amendment (Procedures and Validation) Bill 2018
Mining Act 1978 amended Part 2
s. 10
1 10. Section 74A amended
2 (1) Delete section 74A(1), (2), (3) and (4) and insert:
3
4 (1) If the documents referred to in section 74(1AA)(b) are
5 lodged in respect of an application for a mining lease,
6 the Director, Geological Survey must prepare a report
7 as to whether or not there is significant mineralisation
8 in, on or under the land to which the application
9 relates.
10 (2) For the purposes of preparing the report, the Director,
11 Geological Survey may request the applicant to provide
12 further information in relation to matters dealt with in
13 the documents referred to in section 74(1AA)(b) and
14 the applicant must provide that information within the
15 prescribed time.
16 (3) The report must be based solely on information
17 contained in the documents referred to in
18 section 74(1AA)(b) and any further information
19 provided by the applicant in response to a request
20 under subsection (2).
21 (4) If the report is needed by the mining registrar or the
22 warden in order to perform functions under section 75,
23 the Director, Geological Survey must cause a copy of
24 the report to be given to the mining registrar or the
25 warden, as the case may be.
26 (4A) If the report states that there is no significant
27 mineralisation in, on or under the land to which the
28 application relates, the Director, Geological Survey
29 must cause a copy of the report to be given to the
30 Minister.
31
32 (2) Delete section 74A(7).
page 7
Mining Amendment (Procedures and Validation) Bill 2018
Part 2 Mining Act 1978 amended
s. 11
1 11. Section 75 amended
2 (1) Before section 75(1) insert:
3
4 (1AA) This section is about how an application for a mining
5 lease (the application) is dealt with and is determined.
6
7 (2) In section 75(1) delete "an application for a mining lease shall"
8 and insert:
9
10 the application must
11
12 (3) After section 75(1a) insert:
13
14 (1B) If compliant information is not lodged in respect of the
15 application within the compliance time, the mining
16 registrar must refuse the application.
17
18 (4) Delete section 75(2) and (2a) and insert:
19
20 (2) Subject to subsection (2A), if compliant information is
21 lodged in respect of the application within the
22 compliance time and no notice of objection is lodged
23 within the objection time, or any notice of objection is
24 withdrawn, the mining registrar must, unless
25 subsection (3A)(b)(ii) applies, forward to the Minister
26 a report which recommends the grant or refusal of the
27 mining lease and sets out the reasons for that
28 recommendation.
29 (2A) If the compliant information lodged in respect of the
30 application consists of or includes the documents
31 referred to in section 74(1AA)(b), the mining registrar
page 8
Mining Amendment (Procedures and Validation) Bill 2018
Mining Act 1978 amended Part 2
s. 11
1 must not forward a report under subsection (2)
2 unless --
3 (a) the mining registrar has received a copy of the
4 section 74A report in relation to the application;
5 and
6 (b) the section 74A report states that there is
7 significant mineralisation in, on or under the
8 land to which the application relates.
9 (2B) If subsection (2A) applies and the mining registrar
10 forwards a report under subsection (2), the mining
11 registrar must also forward to the Minister a copy of
12 the section 74A report in relation to the application.
13
14 (5) Delete section 75(4), (4a) and (5) and insert:
15
16 (3A) Subsection (4) applies to the application if --
17 (a) compliant information is lodged in respect of
18 the application within the compliance time; and
19 (b) a notice of objection --
20 (i) is lodged within the objection time; or
21 (ii) is not lodged within the objection time
22 but is lodged before the mining registrar
23 has forwarded a report to the Minister
24 under subsection (2) and the warden is
25 satisfied that there are reasonable
26 grounds for late lodgment;
27 and
28 (c) the notice of objection is not withdrawn.
29 (4) Subject to subsection (4A), if this subsection applies to
30 the application the warden must hear the application on
31 a day appointed by the warden and may give any
page 9
Mining Amendment (Procedures and Validation) Bill 2018
Part 2 Mining Act 1978 amended
s. 11
1 person who has lodged a notice of objection an
2 opportunity to be heard.
3 (4A) If the compliant information lodged in respect of the
4 application consists of or includes the documents
5 referred to in section 74(1AA)(b), the warden must not
6 hear the application unless --
7 (a) the warden has received a copy of the
8 section 74A report in relation to the application;
9 and
10 (b) the section 74A report states that there is
11 significant mineralisation in, on or under the
12 land to which the application relates.
13 (5) The warden must as soon as practicable after the
14 hearing of the application forward to the Minister for
15 the Minister's consideration --
16 (a) a report which recommends the grant or refusal
17 of the mining lease and sets out the reasons for
18 that recommendation; and
19 (b) if subsection (4A) applies, a copy of the
20 section 74A report in relation to the application.
21
22 (6) In section 75(6) after "a report" insert:
23
24 or reports
25
26 (7) In section 75(7) delete "In the case of an application for a
27 mining lease" and insert:
28
29 If the application is
30
page 10
Mining Amendment (Procedures and Validation) Bill 2018
Mining Act 1978 amended Part 2
s. 11
1 (8) Delete section 75(8) and insert:
2
3 (8) If the compliant information lodged in respect of the
4 application consists of or includes the documents
5 referred to in section 74(1AA)(b), the Minister must
6 refuse to grant the mining lease if the section 74A
7 report states that there is no significant mineralisation
8 in, on or under the land to which the application
9 relates.
10
11 (9) In section 75(9):
12 (a) delete "an application for a mining lease" and insert:
13
14 the application
15
16 (b) delete "that" and insert;
17
18 the
19
20 (10) Delete section 75(10) and insert:
21
22 (10) The power in section 162B(1) to extend the compliance
23 time may only be exercised by the Minister.
24 (11) In this section --
25 compliance time means the time prescribed under
26 section 74(1AA) for lodging compliant information or,
27 if that time is extended under section 162B, that time as
28 so extended;
29 compliant information means --
30 (a) the document referred to in section 74(1AA)(a);
31 or
page 11
Mining Amendment (Procedures and Validation) Bill 2018
Part 2 Mining Act 1978 amended
s. 12
1 (b) the documents referred to in
2 section 74(1AA)(b); or
3 (c) the documents referred to in
4 section 74(1AA)(c);
5 objection time means the time prescribed under
6 subsection (1) for lodging a notice of objection or, if
7 that time is extended under section 162B, that time as
8 so extended;
9 section 74A report means the report prepared if and as
10 required under section 74A(1).
11
12 12. Section 82A amended
13 (1) Before section 82A(1) insert:
14
15 (1A) In this section --
16 mineralisation report and resource report have the
17 meanings given in section 74(7).
18
19 (2) Delete section 82A(1)(b) and insert:
20
21 (b) the following were lodged in respect of the
22 application for the mining lease --
23 (i) a statement in accordance with
24 section 74(1a), as in force at the time of
25 the application; and
26 (ii) a mineralisation report or a resource
27 report.
28
page 12
Mining Amendment (Procedures and Validation) Bill 2018
Mining Act 1978 amended Part 2
s. 13
1 13. Section 84AA amended
2 In section 84AA(1)(a) delete "accompanied the application for
3 the mining lease under section 74(1)(ca)," and insert:
4
5 was lodged under section 74 in respect of the application for the
6 mining lease,
7
8 14. Section 90 amended
9 Delete section 90(2)(b) and insert:
10
11 (b) in subsection (1AA)(b) "and a mineralisation
12 report" was deleted.
13
14 15. Section 97A amended
15 (1) Delete section 97A(7)(b) and insert:
16
17 (b) in any other case, must as soon as practicable
18 after the hearing of the application transmit to
19 the Minister for the Minister's consideration a
20 report which recommends the grant or refusal
21 of the application together with the warden's
22 reasons for the recommendation.
23
24 (2) In section 97A(8) delete "notes of evidence and any maps or
25 documents transmitted to him" and insert:
26
27 a report transmitted
28
29 16. Section 98 amended
30 In section 98(6) delete "the notes of evidence, with".
page 13
Mining Amendment (Procedures and Validation) Bill 2018
Part 2 Mining Act 1978 amended
s. 17
1 17. Section 102 amended
2 Delete section 102(6) and insert:
3
4 (6) The warden must as soon as practicable after the
5 hearing of the application transmit to the Minister for
6 the Minister's consideration a report which
7 recommends the grant or refusal of the application and
8 sets out the reasons for that recommendation.
9
10 18. Section 125B inserted
11 After section 125A insert:
12
13 125B. Compensation not affected by Part X
14 The insertion of Part X by the Mining Amendment
15 (Procedures and Validation) Act 2018 section 21 does
16 not --
17 (a) give rise to any entitlement to compensation
18 that did not exist before the coming into
19 operation of that section; or
20 (b) derogate from any entitlement to compensation
21 that existed before the coming into operation of
22 that section.
23
24 19. Section 162B amended
25 After section 162B(2) insert:
26
27 (3) The regulations may regulate --
28 (a) applications for the extension of prescribed
29 periods or prescribed times;
30 (b) the exercise of the power in subsection (1).
31
page 14
Mining Amendment (Procedures and Validation) Bill 2018
Mining Act 1978 amended Part 2
s. 20
1 20. Section 162 amended
2 (1) After section 162(2)(ba) insert:
3
4 (bb) providing when an amount or fee submitted in
5 respect of an application lodged under this Act,
6 or an instrument lodged for registration under
7 this Act, is taken to have been received for the
8 purposes of this Act;
9
10 (2) Delete section 162(2)(x) and insert:
11
12 (x) authorise and regulate the copying, storage,
13 making available for public inspection, release,
14 publication and dissemination of information
15 contained in a mining tenement document;
16
17 (3) Delete section 162(2a) and (3A) and insert:
18
19 (2A) Subsection (2)(x) applies to information irrespective of
20 when the mining tenement document was made,
21 lodged, given or provided (as the case may be).
22 (2B) In subsections (2) and (2A) --
23 mining tenement document means any of the
24 following --
25 (a) an application for or in respect of a mining
26 tenement or a document that accompanies, or is
27 lodged or furnished in respect of, the
28 application;
29 (b) an agreement, claim, report, notice of objection,
30 security, caveat or other document in respect of
31 a mining tenement;
page 15
Mining Amendment (Procedures and Validation) Bill 2018
Part 2 Mining Act 1978 amended
s. 21
1 (c) a document containing any other information
2 supplied under this Act to the Minister, a
3 warden or any official of the Department.
4
5 21. Part X inserted
6 After section 163 insert:
7
8 Part X -- Validation
9 164. Terms used
10 (1) In this Part --
11 amendment of a mining tenement means --
12 (a) the amendment of the land the subject of a
13 mining tenement to include private land; or
14 (b) the amalgamation of a mining tenement with
15 another mining tenement or with a mining
16 tenement that has been surrendered or forfeited
17 or has expired; or
18 (c) the surrender of a mining tenement;
19 applicable laws means --
20 (a) this Act and the regulations if and as they were
21 in force when an application for the grant,
22 amendment or renewal of a mining tenement
23 was lodged; or
24 (b) the repealed Act, and the regulations under it, if
25 and as they were in force when an application
26 for the grant, amendment or renewal of a
27 mining tenement was lodged or deemed to have
28 been lodged;
29 commencement means the coming into operation of
30 the Mining Amendment (Procedures and Validation)
31 Act 2018 section 21;
32 complied with includes observed and conformed to;
page 16
Mining Amendment (Procedures and Validation) Bill 2018
Mining Act 1978 amended Part 2
s. 21
1 hearing means the substantive hearing by the warden
2 of proceedings relating to an application for the grant,
3 amendment or renewal of a mining tenement in relation
4 to which an objection has been lodged;
5 lodged means --
6 (a) lodged with a warden; or
7 (b) lodged or filed with, or at the office of, a
8 mining registrar; or
9 (c) lodged with the Department electronically
10 whether by means of the Department's website
11 or otherwise;
12 prescribed requirements means the requirements of the
13 applicable laws as to --
14 (a) an application for the grant, amendment or
15 renewal of a mining tenement; and
16 (b) the determination of an application for the
17 grant, amendment or renewal of a mining
18 tenement including any jurisdictional
19 requirements and requirements to be complied
20 with in relation to the performance of functions;
21 renewal of a mining tenement includes --
22 (a) the further renewal of a mining tenement; and
23 (b) the restoration of a mining tenement; and
24 (c) the extension of the term of a mining tenement;
25 and
26 (d) the approval of retention status for land the
27 subject of a mining tenement;
28 requirement includes an obligation and a condition.
29 (2) In this Part --
30 (a) a reference to an application for the grant,
31 amendment or renewal of a mining tenement
32 includes a reference to a purported application
page 17
Mining Amendment (Procedures and Validation) Bill 2018
Part 2 Mining Act 1978 amended
s. 21
1 for the grant, amendment or renewal of a
2 mining tenement; and
3 (b) a reference to the grant, amendment or renewal
4 of a mining tenement includes a reference to
5 the purported grant, amendment or renewal of a
6 mining tenement; and
7 (c) a reference to the surrender of a mining
8 tenement includes a reference to the surrender
9 of land the subject of a mining tenement; and
10 (d) a reference to an application for the amendment
11 of a mining tenement is, in the case of the
12 surrender of a mining tenement, a reference to
13 the lodgment of the surrender; and
14 (e) a reference to the determination of an
15 application for the amendment of a mining
16 tenement is, in the case of the surrender of a
17 mining tenement, a reference to the registration
18 of the surrender.
19 165. Pending applications
20 (1) Subject to this section, an application for the grant,
21 amendment or renewal of a mining tenement lodged
22 before the commencement can be dealt with and be
23 determined after the commencement as if the
24 prescribed requirements had been complied with.
25 (2) The prescribed application fee, if any, required for the
26 application must be paid --
27 (a) in the case of an application for the grant of a
28 mining tenement --
29 (i) if there is a hearing -- before the
30 commencement of that hearing; or
31 (ii) if there is not a hearing -- before the
32 grant of the mining tenement;
page 18
Mining Amendment (Procedures and Validation) Bill 2018
Mining Act 1978 amended Part 2
s. 21
1 (b) in the case of an application for the amendment
2 or renewal of a mining tenement --
3 (i) if there is a hearing -- before the
4 commencement of that hearing; or
5 (ii) if there is not a hearing -- before the
6 determination of the application.
7 (3) Subsection (1) does not apply to the extent, if any, that
8 the application is for the grant of a mining tenement in
9 respect of private land if --
10 (a) under this Act the grant of the mining tenement
11 requires the consent in writing of the owner and
12 the occupier of the private land concerned; and
13 (b) those consents have not been given.
14 (4) Subsection (1) does not apply to the extent, if any, that
15 the application is for the amendment of the land the
16 subject of a mining tenement to include private land
17 if --
18 (a) under this Act the amendment requires the
19 consent in writing of the owner and the
20 occupier of the private land concerned; and
21 (b) those consents have not been given.
22 (5) Subsection (1) does not apply to an application if,
23 before or after the commencement, the application has
24 been marked in the register as being invalid.
25 (6) An authorised officer, as defined in section 103A, has
26 power, and is taken to have always had power, to mark
27 in the register as being invalid an application assessed
28 by the Department as not being in compliance with the
29 requirements of the applicable laws as to the
30 application.
page 19
Mining Amendment (Procedures and Validation) Bill 2018
Part 2 Mining Act 1978 amended
s. 21
1 166. Validation of grant, amendment or renewal of
2 mining tenements and related actions
3 (1) Subject to this section, subsection (2) applies to the
4 following --
5 (a) the grant, amendment or renewal of a mining
6 tenement before the commencement;
7 (b) the grant, amendment or renewal of a mining
8 tenement after the commencement if --
9 (i) the application for the grant, amendment
10 or renewal is dealt with and is
11 determined under section 165(1); and
12 (ii) section 165(2) is complied with.
13 (2) If an application for the grant, amendment or renewal
14 of a mining tenement was lodged and the prescribed
15 application fee, if any, required for the application was
16 paid before the relevant event, the following are taken
17 to be, and to have always been, valid and effective to
18 the same extent as they would have been if the
19 prescribed requirements had been complied with --
20 (a) the grant, amendment or renewal of the mining
21 tenement;
22 (b) anything done or purportedly done under the
23 mining tenement or in relation to the mining
24 tenement.
25 (3) For the purposes of subsection (2) the relevant event
26 is --
27 (a) in relation to the grant of a mining tenement --
28 (i) if there was a hearing -- the
29 commencement of that hearing; or
30 (ii) if there was not a hearing -- the grant of
31 the mining tenement;
page 20
Mining Amendment (Procedures and Validation) Bill 2018
Mining Act 1978 amended Part 2
s. 21
1 (b) in relation to the amendment or renewal of a
2 mining tenement --
3 (i) if there was a hearing -- the
4 commencement of that hearing; or
5 (ii) if there was not a hearing -- the
6 determination of the application.
7 (4) Where the grant, amendment or renewal of a mining
8 tenement took place before the commencement,
9 subsection (2)(b) applies to anything done or
10 purportedly done before or after the commencement.
11 (5) Subsection (2) does not apply to the extent, if any, that
12 the mining tenement was granted in respect of private
13 land if --
14 (a) under this Act the grant of the mining tenement
15 required the consent in writing of the owner
16 and the occupier of the private land concerned;
17 and
18 (b) those consents were not given.
19 (6) Subsection (2) does not apply to the extent, if any, that
20 the land the subject of a mining tenement was amended
21 to include private land if --
22 (a) under this Act the amendment required the
23 consent in writing of the owner and the
24 occupier of the private land concerned; and
25 (b) those consents were not given.
26 (7) Subsection (2) does not apply where a mining tenement
27 was amalgamated with a mining tenement that had
28 been forfeited if --
29 (a) an application for the restoration of the
30 forfeited mining tenement was made before the
31 application to amalgamate was granted; and
page 21
Mining Amendment (Procedures and Validation) Bill 2018
Part 2 Mining Act 1978 amended
s. 21
1 (b) the application for the restoration of the
2 forfeited mining tenement was granted.
3 (8) Subsection (2) does not affect the operation of the
4 condition imposed on the grant of a mining tenement
5 by section 105B.
6
page 22
Mining Amendment (Procedures and Validation) Bill 2018
Mining Legislation Amendment Act 2014 amended Part 3
s. 22
1 Part 3 -- Mining Legislation Amendment Act 2014
2 amended
3 22. Act amended
4 This Part amends the Mining Legislation Amendment Act 2014.
5 23. Sections 4 to 7 deleted
6 Delete sections 4, 5, 6 and 7.
7
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