Western Australian Current Acts Western Australian Current Acts (1) Subject to this
Act and to any conditions to which the mining lease is subject, a mining lease
authorises the lessee thereof and his agents and employees on his behalf to
—
(a) work
and mine the land in respect of which the lease was granted for any minerals;
and
(b) take
and remove from the land any minerals and dispose of them; and
(c) take
and divert subject to the Rights in Water and Irrigation Act 1914 , or any Act
amending or replacing the relevant provisions of that Act, water from any
natural spring, lake, pool or stream situate in or flowing through such land
or from any excavation previously made and used for mining purposes, and
subject to that Act to sink a well or bore on such land and take water
therefrom and to use the water so taken for his domestic purposes and for any
purpose in connection with mining for minerals on the land; and
(d) do
all acts and things that are necessary to effectually carry out mining
operations in, on or under the land.
(2) Subject to this
Act and to any conditions to which the mining lease is subject, the lessee of
a mining lease —
(a) is
entitled to use, occupy, and enjoy the land in respect of which the mining
lease was granted for mining purposes; and
(b) owns
all minerals lawfully mined from the land under the mining lease.
(3) The rights
conferred by this section are exclusive rights for mining purposes in relation
to the land in respect of which the mining lease was granted.
[Section 85 amended: No. 100 of 1985 s. 58; No. 39
of 2004 s. 34.]