Western Australian Current Acts

MINING ACT 1978 - SECT 24A

24A .         Mining in marine reserves

        (1)         Without limiting section 23, nothing in section 13A, 13B or 13C of the Conservation and Land Management Act 1984 —

            (a)         prevents a mining tenement from being —

                  (i)         held and renewed; or

                  (ii)         applied for, granted, held and renewed,

                in a marine nature reserve, marine park or marine management area; or

            (b)         affects the validity or effect of a mining tenement in a marine nature reserve, marine park or marine management area.

        (2)         Subject to subsection (4) mining may be carried out in a marine nature reserve or marine park with the written consent of the Minister who may refuse consent or who may give consent subject to such terms and conditions as the Minister specifies in the consent.

        (3)         Before giving consent under subsection (2), whether conditionally or unconditionally, the Minister shall first —

            (a)         consult, and obtain the concurrence of, the conservation Minister; and

            (b)         consult and obtain the recommendations of the fisheries Minister and the marine Minister.

        (4)         No mining lease or general purpose lease shall be granted in respect of any marine nature reserve or marine park unless both Houses of Parliament by resolution consent to the grant, and then only on such terms and conditions as are specified in the resolution.

        (5)         Mining in any marine management area may be carried out with the written consent of the Minister who may refuse consent or who may give consent subject to such terms and conditions as the Minister specifies in the consent.

        (6)         Before giving consent under subsection (5), whether conditionally or unconditionally, the Minister shall first consult and obtain the recommendations of the conservation Minister, the fisheries Minister and the marine Minister.

        (7)         Despite any consent given under subsection (2) or (4), nothing in this Act authorises the disturbance of —

            (a)         the sea bed or other land beneath waters in any restricted area in a mining tenement; or

            (b)         land in any restricted area in a mining tenement; or

            (c)         the subsoil below any sea bed or land referred to in paragraph (a) or (b), to a depth of 200 m.

        (8)         Subsection (7) applies only if the restricted area was a restricted area when the mining tenement was granted.

        (9)         In this section —

        conservation Minister means the Minister for the time being charged with the administration of the Conservation and Land Management Act 1984 ;

        fisheries Minister means the Minister for the time being charged with the administration of the Fish Resources Management Act 1994 ;

        marine Minister means the Minister for the time being charged with the administration of the Marine and Harbours Act 1981 ;

        restricted area means —

            (a)         any area of a marine nature reserve; or

            (b)         any area of a marine park which is classified by notice under section 62 of the Conservation and Land Management Act 1984 as —

                  (i)         a sanctuary area; or

                  (ii)         a recreation area; or

                  (iii)         a special purpose area which, or that part of such an area which, the conservation Minister has declared in the classification notice to be an area where disturbance of the land, sea bed or subsoil would be incompatible with a conservation purpose specified in the classification notice.

        [Section 24A inserted: No. 5 of 1997 s. 41(1); amended: No. 10 of 1998 s. 52.]