Western Australian Current Acts Western Australian Current Acts (1) Subject to this
Act, but notwithstanding any other Act or law, a mining tenement may be
granted in respect of an area that consists of private land only or partly of
private land and partly of any other land and the authority conferred thereby
on the holder thereof may be exercised by that holder in respect of any such
land.
(2) Except with the
consent in writing of the owner and the occupier of the private land
concerned, a mining tenement shall not be granted in respect of private land
—
(a)
which is in bona fide and regular use as a yard, stockyard, garden, orchard,
vineyard, plant nursery or plantation or is land under cultivation; or
(b)
which is the site of a cemetery or burial ground; or
(c)
which is the site of a dam, bore, well or spring; or
(d) on
which there is erected a substantial improvement; or
(e)
which is situated within 100 m of any private land referred to in paragraph
(a), (b), (c) or (d); or
(f)
which is a separate parcel of land and has an area of 2 000 m 2 or less,
unless the mining
tenement is granted only in respect of that part of that private land which is
not less than 30 m below the lowest part of the natural surface of that
private land.
[(3) deleted]
(4) If a question
arises as to whether something is a substantial improvement for the purposes
of subsection (2)(d), the question is to be determined by the warden and the
warden’s determination is final and conclusive and not subject to
appeal.
(5) The holder of a
mining tenement which —
(a) has
been granted wholly or partly in respect of private land referred to in
subsection (2)(a), (b), (c), (d), (e) or (f); but
(b) has
not been granted in respect of that portion of the private land referred to in
paragraph (a) that is less than 30 m below the lowest part of the natural
surface of that private land because the consents referred to in subsection
(2) have not been given,
may apply to the
Minister for that mining tenement to be amended by granting it in respect of
the portion referred to in paragraph (b) as well as in respect of the land in
respect of which that mining tenement is already granted and that portion,
whilst the right so to apply subsists, is not open for mining to any other
person.
(6) On receiving an
application made under subsection (5), the Minister may, if he is satisfied
that both the owner and the occupier of the private land referred to in
paragraph (a) of that subsection have consented in writing to the grant of the
mining tenement concerned in respect of the portion referred to in paragraph
(b) of that subsection, grant that application.
(6a) Subsection (6b)
applies to a mining tenement if it —
(a) has
been granted wholly or partly in respect of private land referred to in
subsection (2)(a), (b), (c), (d), (e) or (f); but
(b) has
not been granted in respect of that portion of the private land (the relevant
portion ) that is less than 30 m below the lowest part of the natural surface
of that private land because the consents referred to in subsection (2) have
not been given.
(6b) If during the
currency of a mining tenement to which this subsection applies, the relevant
portion or any part of the relevant portion ceases to be private land, the
relevant portion or that part of the relevant portion, as the case requires,
is, by operation of this subsection, included in the mining tenement.
(7) A mining tenement
granted under this Division in respect of any private land —
(a)
shall, subject to this Act, authorise the holder of that mining tenement
—
(i)
to carry out mining on the natural surface of the private
land and at any depth thereunder; or
(ii)
to carry out mining at a depth of not less than 30 m from
the lowest part of the natural surface of the private land;
(b)
shall comprise a right of access by a right of way, to be marked in the
prescribed manner at the expense of the holder of that mining tenement, from
the private land through any land, whether occupied under a mining tenement or
otherwise, to the nearest practicable point of a street or road, but except
with the consent in writing of the owner and the occupier of any land used as
a yard, garden, orchard or cultivated field no such right of way shall be had
by the holder of that mining tenement through that land;
(c) does
not without the consent in writing of the owner and the occupier of the
private land authorise the holder of that mining tenement to use water
artificially conserved by that owner or occupier or to fell trees, strip bark
or cut timber on the private land or, except in connection with mining carried
out on the private land, to remove earth or rock therefrom;
(d) does
not authorise the holder of that mining tenement to impound any stock or other
animals belonging to or being in the custody or under the control of the owner
or occupier of any land adjoining the mining tenement, or to disturb or molest
any such stock or other animals in any manner whatever, or to prevent any such
stock or other animals from depasturing on or over the land the subject of the
mining tenement, unless that land is fenced.
[Section 29 inserted: No. 69 of 1981 s. 9;
amended: No. 100 of 1985 s. 20; No. 105 of 1986 s. 9; No. 58 of 1994 s. 6; No.
39 of 2004 s. 52.]