Western Australian Current Acts Western Australian Current Acts (1) Every mining lease
shall contain and be subject to the prescribed covenants by the lessee and in
particular shall be deemed to be granted subject to the conditions that the
lessee shall —
(a) pay
the rents and royalties due under the lease at the prescribed time and in the
prescribed manner;
(b) use
the land in respect of which the lease is granted only for mining purposes in
accordance with this Act;
(ba)
arrange and pay for a survey of such land within the prescribed time and in
the prescribed manner;
(bb)
where the lease is surrendered in part, arrange and pay for a re-survey of
such land within the prescribed time and in the prescribed manner;
(c)
comply with the prescribed expenditure conditions applicable to such land
unless partial or total exemption therefrom is granted in such manner as is
prescribed;
(ca) not
use ground disturbing equipment when mining on such land unless —
(i)
the lessee has lodged in the prescribed manner a
programme of work in respect of that use and has paid the prescribed
assessment fee in respect of the programme and the programme has been approved
in writing by the Minister or a prescribed official; or
(ii)
that use is dealt with in a relevant mining proposal;
(d) not
transfer or mortgage a legal interest in such land or any part thereof without
the prior written consent of the Minister, or of an officer of the Department
acting with the authority of the Minister;
(e)
lodge, in the prescribed manner, such periodical reports and returns as may be
prescribed;
(ea)
furnish to the Minister such geological samples obtained in the course of
operations conducted by the lessee under the lease as the Minister may
request;
(f)
promptly report in writing to the Minister details of all minerals of economic
significance discovered in, on or under the land the subject of the mining
lease;
(ga) in
accordance with section 84AA —
(i)
review the mine closure plan contained in a relevant
mining proposal; and
(ii)
obtain the written approval for the reviewed mine closure
plan from a prescribed official;
(g) be
liable to have the lease forfeited if he is in breach of any of the covenants
or conditions of the lease, if he fails to comply with any requirement under
section 84A(2) or 115B(2) in relation to the lease or if a report required
under paragraph (e) or section 115A in relation to the land the subject of the
lease is not filed in accordance with this Act.
[(1a) deleted]
(1b) Without limiting
or otherwise affecting the application of the other provisions of subsection
(1), paragraph (ca) of that subsection does not apply to a mining lease
granted pursuant to a Government agreement, as defined in section 2 of the
Government Agreements Act 1979 , in accordance with proposals approved, deemed
to be approved or determined under the agreement.
(2) Every mining lease
shall contain a provision that after receiving the warden’s
recommendation for forfeiture of a lease for breach of any covenant or
condition of the lease by the lessee, the Minister may, as he thinks fit,
impose a penalty not exceeding $50 000 as an alternative to the forfeiture of
the lease.
(3) Where any penalty
imposed as an alternative to forfeiture of the lease pursuant to subsection
(2) is not paid within the time specified by the Minister, or within 30 days
of written notice of the penalty being given by the Minister to the lessee if
no other time is specified by the Minister, the lease shall thereupon be
forfeited.
[Section 82 amended: No. 100 of 1985 s. 56; No. 22
of 1990 s. 38; No. 37 of 1993 s. 28(1); No. 58 of 1994 s. 30; No. 54 of 1996
s. 12; No. 17 of 1999 s. 15(2); No. 15 of 2002 s. 28; No. 39 of 2004 s. 32(1),
(2), 38, 45 and 97(3); No. 12 of 2010 s. 9 and 33; No. 51 of 2012 s. 24.]