Western Australian Current Acts Western Australian Current Acts (1) Nothing in this
Act shall affect the provisions of any Act in force on the commencing date
that approves or ratifies any agreement to which the State is a party and
under which a party to the agreement is authorised or required to carry out
any mining operations pursuant to the agreement.
(2) Notwithstanding
anything in the Second Schedule Division 1, a party to an agreement referred
to in subsection (1) —
(a) who
is the holder of an existing mining tenement under that agreement may
continue, subject to that agreement, to exercise the rights conferred by that
mining tenement; or
(b) to
whom an existing right of occupancy has been granted under section 276 of the
repealed Act or that agreement, or under both section 276 of the repealed Act
and that agreement, as the case requires, may continue, subject to that
agreement, to exercise that right of occupancy,
as though the repealed
Act had not been repealed.
(3) Subject to the
relevant agreement referred to in subsection (1), a person may, in accordance
with this Act, apply for a mining tenement in respect of an area or part
thereof that is the subject of a mineral lease granted in accordance with that
agreement.
[Section 5 amended: No. 69 of 1981 s. 5; No. 51 of
2012 s. 4.]