Western Australian Current Acts Western Australian Current Acts (1) Without limiting
any other right, title, interest, benefit or entitlement the company may have
in or in respect of the subject land or any minerals found thereupon, or the
effect of section 7, it is hereby expressly declared —
(a) that
on and from the coming into operation of this Act the Company has exclusive
possession of the subject land for the purposes of the Mining Act 1904 5 and
the Mining Act 1978 ; and
(b) that
—
(i)
all diamonds found upon the subject land before the
coming into operation of this Act excluding diamonds removed from the subject
land before 15 October 1979 by a person other than the Company; and
(ii)
all diamonds found upon the subject land after the coming
into operation of this Act but before the relevant date,
shall be the absolute
property of the Company,
and the entitlement of
the Company to such possession and such property shall not be liable to be
challenged, appealed against, reviewed, quashed, or called in question by or
in any proceedings before a court whether instituted before or after the
coming into operation of this Act.
(2) Subsection (1)
does not —
(a)
apply to or in relation to the possession after the relevant date of the
subject land; or
(b)
apply on or after the relevant date to or in relation to diamonds found before
the relevant date upon the subject land but not removed from that land before
that date; or
(c)
affect any right, title, interest, benefit or entitlement of the Joint
Venturers or any of them.
(3) In this section
relevant date means —
(a) the
date of the grant of a mining lease of the subject land pursuant to clause 15
of the Agreement; or
(b) the
termination date,
whichever is the
earlier.