Western Australian Current Acts

MINING ACT 1978 - SECT 155

155 .         Offence of mining without authority

        (1)         Subject to subsection (2) a person shall not carry on mining on any land unless he is duly authorised under this or any other Act to do so.

        Penalty:

            (a)         for an individual — a fine of $150 000 and, if the offence is a continuing one, a further fine of $15 000 for each day or part of a day during which the offence has continued;

            (b)         for a body corporate — a fine of $300 000 and, if the offence is a continuing one, a further fine of $30 000 for each day or part of a day during which the offence has continued.

        (2)         Subsection (1) does not apply in respect of mining operations carried on on any private land with the consent of the owner of the land if he is the owner of the mineral being mined on the land.

        (3)         A person who is convicted of an offence under this section is not thereby relieved from any other obligation or liability that he may have incurred by reason of having carried on unauthorised mining.

        (4)         A person who owns minerals in their natural state may take proceedings in any court of competent jurisdiction for the recovery of those minerals or their value from any person who unlawfully takes, removes or mines the minerals.

        (5)         Where a person is convicted of an offence against subsection (1) the court may, in addition to imposing the penalty under this Act in relation to the offence, order the offender to rehabilitate the land to the satisfaction of the Minister within the time specified in the order.

        (6)         A person who fails to carry out an order made under subsection (5) commits an offence and is liable to a penalty of $500 and in addition the court may require the offender to pay the costs of rehabilitating the land to the satisfaction of the Minister.

        (7)         Any sum specified in an order under subsection (6) constitutes a debt due to the crown and may be recovered in any court of competent jurisdiction.

        [Section 155 amended: No. 100 of 1985 s. 107; No. 105 of 1986 s. 23; No. 22 of 1990 s. 38; No. 78 of 1995 s. 147; No. 15 of 2002 s. 28; No. 51 of 2012 s. 36.]