Western Australian Current Acts

MINING ACT 1978 - SECT 100

100 .         Applicant to have priority for marking out and applying for surrendered or forfeited licence or lease

        (1)         Where an exploration licence or a mining lease that is the subject of an application for forfeiture under section 98 is surrendered (other than by way of a conditional surrender or a surrender under section 26A or 65) before the application is finally dealt with under section 98(4A) or 99(1), the applicant for forfeiture has, from the date on which the surrender is registered until the expiry of a period of 14 days after the date of being served with written notice of the surrender by an officer of the Department, a right in priority to any other person to mark out or apply for, or both, a mining tenement upon the whole or any part of the land that was the subject of the surrendered licence or lease.

        (1a)         Where —

            (a)         an exploration licence or a mining lease that is the subject of an application for forfeiture under section 98 has continued in force under section 67(2) or 70C(6) pending the determination of an application referred to in section 67(2) or 70C(6), as the case requires (the tenement application ); and

            (b)         the tenement application is withdrawn in accordance with the regulations before the application for forfeiture is dealt with by the warden,

                the applicant for forfeiture has, from the date on which the tenement application is withdrawn until the expiry of a period of 14 days after the date of being served with written notice of the withdrawal by an officer of the Department, a right in priority to any other person to mark out or apply for, or both, a mining tenement upon the whole or any part of the land that was the subject of the licence or lease.

        (2)         Where an exploration licence or a mining lease is forfeited pursuant to section 99, the applicant for forfeiture has, for a period of 14 days after the date of the publication of the notice of forfeiture of the licence or lease in the Government Gazette , a right in priority to any other person to mark out or apply for, or both, a mining tenement upon the whole or any part of the land that was the subject of the forfeited licence or lease.

        [Section 100 inserted: No. 37 of 1993 s. 14(1); amended: No. 15 of 2002 s. 22; No. 19 of 2010 s. 51.]