Western Australian Current Acts Western Australian Current Acts (1) Any right, title,
interest, benefit or entitlement that is held —
(a)
immediately before the coming into operation of this Act; and
(b)
under and for the purposes of the Mining Act 1904 5 ; and
(c) by
any person other than —
(i)
the Company; or
(ii)
the Joint Venturers or any of them;
and
(d) in
or in respect of the subject land or any portion thereof or in or in respect
of any mineral found thereupon,
is, by operation of
this subsection, extinguished and deemed never to have existed.
(2) Any right, title,
interest, benefit or entitlement that might, but for this subsection, vest or
otherwise be acquired —
(a)
under and for the purposes of the Mining Act 1904 5 or the Mining Act 1978 ;
and
(b) in
or by any person other than —
(i)
the Company; or
(ii)
the Joint Venturers or any of them; or
(iii)
a person acting for or on behalf of the Company or the
Joint Venturers or any of them;
and
(c) in
or in respect of the subject land or any portion thereof or in or in respect
of any mineral found thereupon; and
(d) by
reason of any act, matter or thing done or commenced before the coming into
operation of this Act, or after the coming into operation of this Act but
before the relevant date,
shall not so vest or
be so acquired.
(3) In subsection (2)
relevant date means the termination date unless the portion of land in
question is surrendered to the State under clause 15(5) of the Agreement in
which case relevant date means, in relation only to that portion of land, the
date on which that surrender takes effect.
(4) Any right, title,
interest, benefit or entitlement that is held —
(a)
immediately before the coming into operation of this Act; and
(b)
under and for the purposes of the Mining Act 1904 5 ; and
(c) by
any person other than —
(i)
the Company; or
(ii)
the Joint Venturers or any of them;
and
(d) in
or in respect of the temporarily reserved land or any portion thereof or in or
in respect of any mineral found thereupon,
is, by operation of
this subsection, extinguished and deemed never to have existed.
(5) Any right, title,
interest, benefit or entitlement that might, but for this subsection, vest or
otherwise be acquired —
(a)
under and for the purposes of the Mining Act 1904 5 or the Mining Act 1978 ;
and
(b) in
or by any person other than —
(i)
the Company; or
(ii)
the Joint Venturers or any of them; or
(iii)
a person acting for or on behalf of the Company or the
Joint Venturers or any of them;
and
(c) in
or in respect of the temporarily reserved land or any portion thereof, or in
or in respect of or in any mineral found thereupon; and
(d) by
reason of any act, matter or thing done or commenced before the coming into
operation of this Act, or after the coming into operation of this Act but
before the relevant date,
shall not so vest or
be so acquired.
(6) In subsection (5)
relevant date means —
(a) the
date of the expiration of a period of 5 years from the coming into operation
of this Act; or
(b) the
termination date,
whichever is the
earlier.
(7) Nothing in
subsections (1) to (6), both inclusive, affects any right, title, interest or
entitlement of the Crown in right of the State except that a mining tenement
shall not be granted to any person under the Mining Act 1904 5 or the
Mining Act 1978 in or in respect of any land or mineral if the vesting in that
person, or the acquisition otherwise by that person, of any right, title,
interest, benefit or entitlement in or in respect of the land or mineral under
and for the purposes of either of those Acts is precluded by those
subsections.