MINING ACT 1978

Western Australian Current Acts

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MINING ACT 1978

TABLE OF PROVISIONS

Long Title

PART I -- Preliminary

1. Short title
2. Commencement
4. Transitional provisions
5. Saving
6. Operation of this Act
8. Terms used
8A. Rights in respect of oil shale or coal
9. Gold, silver and other precious metals property of Crown
9A. Effect of change of baseline
9B. Position on Earth’s surface

PART II -- Administration, mineral fields and courts

10. Administration of Act
11. Chief executive officer and other officers
12. Delegation
13. Wardens of mines, mining registrar
15. Prohibition from adjudicating in certain matters or from using certain information
16. Constitution of mineral fields and dealings with Crown land in them
17. Designated tenement contact

PART III -- Land open for mining

Division 1 -- Crown land

18. Crown land open for mining
19. Minister may exempt land from mining etc.
20. Protection of certain Crown land
21. Power to resume land
22. Effect of resumption

Division 2 -- Public reserves, etc. and Commonwealth land

23. Mining on public reserves etc. and Commonwealth land
24. Classification of reserves
24A. Mining in marine reserves
25. Mining on foreshore, sea bed, navigable waters or townsite
25A. Mining on Commonwealth land
26. Terms and conditions
26A. Mining tenements within townsites

Division 3 -- Private land

27. Private land open for mining
28. Unlawful entry on private land
29. Granting of mining tenements in respect of private land
30. Granting of permits in respect of private land
31. Holder of permit to give notice to owner and occupier
32. Rights conferred by a permit
33. Application for mining tenement by permit holder
35. Compensation to be agreed upon or determined before mining operation commences
37. Application to bring certain private land under this Division
38. Right of owner to apply for mining tenement
39. Owner to comply with mining tenement conditions

PART IIIA -- Miner’s rights and related permits

40A. Terms used
40B. Conservation land
40C. Issue of miner’s right
40D. Authorisation under miner’s right
40E. Permit to prospect on Crown land or conservation land subject of exploration licence
40F. Power to remove Crown land or conservation land from operation of s. 40E
40G. Limitation on actions in tort

PART IV -- Mining tenements

Division 1 -- Prospecting licence

40. Grant of prospecting licence
41. Application for prospecting licence
42. Determination of application for prospecting licence
43. Prospecting licence not to include land already subject of mining tenement
44. Power to grant prospecting licence over all or part of land in application
45. Term of prospecting licence
46. Conditions attached to every prospecting licence
46A. Conditions for prevention or reduction of injury to land
47. Survey of area of prospecting licence not required in first instance
48. Rights conferred by prospecting licence
49. Holder of prospecting licence to have priority for grant of mining leases or general purpose leases
50. Compliance with expenditure conditions
51. Reports of work and expenditure
51A. Geological samples
52. Security relating to prospecting licence
53. Application for retention status
54. Approval of retention status
55. Consultation with other Ministers
55A. Programme of work
55B. Holder of prospecting licence with retention status may be required to apply for mining lease
56. Appeal against refusal to grant prospecting licence
56A. Special prospecting licences
56B. Certain licence holders to have right to apply for further prospecting licence

Division 2 -- Exploration licence

56C. Graticular sections
57. Grant of exploration licence
57A. Designation of areas for purposes of s. 57(2aa)
58. Application for exploration licence
59. Determination of application for exploration licence
60. Security relating to exploration licence
61. Term of exploration licence
62. Expenditure conditions
63. Condition attached to exploration licence
63AA. Conditions for prevention or reduction of injury to land
63A. When exploration licence liable to forfeiture
64. Consent to dealing in exploration licence
65. Surrender of certain areas subject to exploration licence
66. Rights conferred by exploration licence
67. Holder of exploration licence to have priority for grant of mining leases or general purpose leases
67A. Holder of exploration licence may apply to amalgamate secondary tenement
68. Holder of exploration licence to keep geological records
69. Land the subject of exploration licence not to be again marked out for a certain period
69A. Application for retention status
69B. Approval of retention status
69C. Consultation with other Ministers
69D. Programme of work
69E. Holder of exploration licence with retention status may be required to apply for mining lease
70. Special prospecting licence on an exploration licence

Division 2A -- Retention licence

70A. Term used: primary tenement
70B. Grant of retention licence
70C. Application for retention licence
70D. Determination of application for retention licence
70E. Term of retention licence and renewal
70F. Security relating to retention licence
70G. Survey of area of retention licence not required in first instance
70H. Conditions attached to retention licence
70I. Conditions for prevention or reduction of injury to land
70IA. Programme of work
70J. Rights conferred by retention licence
70K. When retention licence liable to forfeiture
70L. Holder of retention licence to have priority for grant of mining lease or general purpose lease
70M. Holder of retention licence to show cause why mining lease should not be applied for
70N. Land subject of retention licence not to be again marked out for certain period

Division 3 -- Mining lease

70O. Terms used
70P. Guidelines to be publicly available
71. Grant of mining lease
72. Person may be granted more than one mining lease
73. Area of mining lease may be less than area sought
74. Application for mining lease
74A. Report on significant mineralisation required for certain applications
75. Determination of application for mining lease
76. Priorities as to mining tenements
78. Term of leases, options and renewals
79. Approval of application
80. Surveys of mining leases
82. Covenants and conditions of lease
82A. Condition to be included in certain mining leases
83. Issue of mining leases
84AA. Review of mine closure plans
84. Conditions for prevention or reduction of injury to land
84A. Security relating to mining lease
85. Rights of holder of mining lease
85A. Land the subject of mining lease not to be again marked out for a certain period
85B. Special prospecting licence on a mining lease

Division 4 -- General purpose lease

86. Grant of general purpose lease
87. Purposes for which general purpose lease may be granted
88. Term of general purpose lease
89. Form of general purpose lease
90. Application of certain provisions to general purpose leases

Division 5 -- Miscellaneous licences

91. Grant of miscellaneous licence
91A. Term and renewal of existing licence or licence granted in respect of existing application
91B. Term and renewal of licence granted in respect of new application
92. Provisions applying to all miscellaneous licences
93. Map to accompany application
94. Terms and conditions
94A. Grant of mining tenement on land in a miscellaneous licence
94B. Surrender, forfeiture or expiry of concurrent tenement

Division 6 -- Surrender and forfeiture of mining tenements

95. Surrender of mining tenement
95A. Exploration licence -- surrender of part of block
96. Forfeiture of certain mining tenements
96A. Forfeiture of exploration licence or retention licence
97. Forfeiture of mining lease or general purpose lease
97A. Application for restoration of mining tenement after forfeiture
98. Application for forfeiture on other grounds
99. Proceedings by Minister on recommendation
100. Applicant to have priority for marking out and applying for surrendered or forfeited licence or lease
101. Application for forfeiture of mining tenement while holder is a company in process of winding up

Division 7 -- Exemption from expenditure conditions

102. Exemption from expenditure conditions
102A. Exemption from expenditure conditions in respect of certain holders of exploration licences
103. Effect of exemption

PART IVA -- Registration of instruments and register

103A. Terms used
103B. Authorised officers
103C. Registration
103D. Provisional lodgment
103EA. Memorial for unpaid tax
103E. Priority of dealings
103F. Register
103G. Amendment of register
103H. Regulations relating to register

PART V -- General provisions relating to mining and mining tenements

104. Entry on land for purpose of marking out, surveying etc.
105. Marking out of mining tenement
105A. Priorities between applicants for certain tenements
105B. Grant of tenement subject to survey
106. Offence of destroying marks or obstructing surveyor etc.
107. Areas covered by water not required to be marked out
108. Rent payable for mining tenement
109. Royalties
109A. Verification of royalties payable
110. Mining lease restricted to certain minerals
111. Iron authorisations
111A. Minister may terminate or summarily refuse certain applications
112. Reservation in favour of Crown on prospecting licence or exploration licence to take rock etc.
113. Repossession of land on expiry, surrender or forfeiture of mining tenement
114. Removal of mining plant on expiry, surrender or forfeiture of mining tenement
114A. Rights conferred under mining tenement exercisable in respect of mining product belonging to Crown
114B. Continuation of liability after expiry, surrender or forfeiture of mining tenement
114C. Right to enter land to carry out remedial work after expiry, surrender or forfeiture of mining tenement
115. Power to enter on land for surveys
115A. Mineral exploration reports
115B. Verification of expenditure amounts in operations reports
116. Instrument of licence or lease
117. Mining tenements protected
118. Notice of application to be given to lessee of pastoral lease or diversification lease
118A. Tenement holder may authorise mining by third party
119. Mining tenement may be sold, encumbered etc.
119A. Mining tenement may be mortgaged
120. Planning schemes to be considered but not to derogate from this Act
120AA. Scheme for reversion licence applications

PART VI -- Caveats

121. Terms used
122. Certain surrenders not affected by this Part
122A. Lodgment of caveats
122B. Provisional lodgment
122C. Caveats deemed to be lodged against later tenements
122D. Effect of caveat
122E. Duration of caveat

PART VII -- Compensation

123. Compensation in respect of mining
124. Matters to be considered by warden’s court in relation to compensation
125. Limitation on compensation
125A. Liability for payment of compensation to native title holders
126. Securities

PART VIII -- Administration of justice

127. Establishment of wardens’ courts
128. Warden’s court to be court of record
129. Signing of process
130. Times for holding warden’s court
131. Power of warden to act in absence of warden usually presiding
132. Jurisdiction of warden’s court
133. Offences to be dealt with by magistrate
134. Powers of warden’s court
135. Summary determination by warden by consent
136. Practice and procedure in warden’s court
137. Records of evidence
138. Mode of trial
139. Contempt of court
140. Judgments, enforcement of
142. Informality and amendment
143. Grant of injunction affecting mining tenement to be notified
146. Reservation of questions of law: hearing and determination
147. Appeal to Supreme Court
148. Procedure on appeal
149. Power of Supreme Court on appeal
150. Withdrawal or failure to prosecute appeal
151. Limitation of right of appeal

PART IX -- Miscellaneous and regulations

152. Police to assist warden
153. Minor capable of being sued and of suing
154. General penalty
154A. Liability of officers for offence by body corporate
155. Offence of mining without authority
155A. Aerial survey work
156. Offences
157. Obstruction of persons authorised to mine under this Act
158. Power to require information as to right to mine
159. Disputes between licensees and other persons
160. Saving of civil remedies
160AA. Authority to perform certain functions of LAA Minister under this Act
160A. Immunity of Minister, wardens and officials
160B. Time limit for prosecution action
160C. No right of appeal from certain decisions of warden, mining registrar or Minister
160D. Persons before whom affidavit may be sworn
161. Evidentiary provisions
162A. Certain things are not personal property for purposes of Personal Property Securities Act 2009 (Cwlth)
162B. Extension of prescribed period or time
162. Regulations
163. Review of Act
SECOND SCHEDULE
THIRD SCHEDULE

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