Western Australian Current Acts

DIAMOND (ARGYLE DIAMOND MINES JOINT VENTURE) AGREEMENT ACT 1981 - SECT 6

6 .         Terms used and application of this Part

        (1)         In this Part unless the contrary intention appears —

        court includes a tribunal or person acting judicially, administratively or otherwise and, without limiting the generality of the foregoing, includes a warden presiding at a warden’s court or acting or adjudicating in any other capacity;

        Department means the Department of Mines ⁴ of the Public Service of the State;

        marking out includes marking off;

        Mining Act 1904 includes the regulations made thereunder;

        Mining Act 1978 includes the regulations made thereunder;

        Minister and warden —

            (a)         before the coming into operation of section 3 of the Mining Act 1978 , have the same meanings as those expressions have, respectively, in and for the purposes of the Mining Act 1904 ⁵ ;

            (b)         after the coming into operation of section 3 of the Mining Act 1978 , have the same meanings as those expressions have, respectively, in and for the purposes of that Act;

        subject land means the area within the surveyed boundaries described on the plan marked “A” (initialled by or on behalf of the parties to the Agreement for the purposes of identification) which area is coloured blue on that plan for the purposes of identification and for those purposes only;

        temporarily reserved land means the land that was, immediately before the coming into operation of this Act, comprised in temporary reserves 7216H, 7217H, 7311H and 7323H but does not include any portion of the subject land;

        temporary reserve means a reserve created under section 276 of the Mining Act 1904 ⁵ ;

        termination date means the date of the cessation or determination of the Agreement in accordance with the terms thereof or of the determination of the Agreement by agreement between the parties thereto.

        (2)         A reference to the marking out of land includes a reference to the occupation of and marking out of land or the taking possession of and marking out of land.

        (3)         The provisions of this Part apply notwithstanding any law or the provisions of any other Act or any regulation.