Western Australian Current Acts Western Australian Current Acts (1) Where any land is
the subject of a mining lease (in this section called the primary tenement )
then, notwithstanding section 117, a person may at any time mark out and, in
accordance with section 41, apply for a prospecting licence for gold (in this
section called a special prospecting licence ) in respect of any part of the
land the subject of the primary tenement.
(1a) A special
prospecting licence may only be applied for by, granted to or held by a
natural person.
(2) An application for
a special prospecting licence shall be accompanied by the written consent of
the holder of the primary tenement to the granting of the special prospecting
licence.
(3) Subject to this
section, the mining registrar may, if the mining registrar is satisfied that
the holder of the primary tenement has consented in writing to the granting of
the special prospecting licence, grant a special prospecting licence on such
terms or conditions as the mining registrar thinks fit, but a special
prospecting licence so granted —
(a)
shall not exceed 10 ha in area; and
(b)
authorises the holder of the special prospecting licence to prospect only for
gold; and
(c) does
not, unless the Minister otherwise directs, prevent the holder of the primary
tenement from prospecting for minerals other than gold in or on the land the
subject of the special prospecting licence; and
(d) does
not authorise the holder of the special prospecting licence to excavate,
extract or remove during the period for which the mining tenement remains in
force a total amount of earth, soil, rock, stone, fluid or mineral bearing
substances in excess of 500 t, except in so far as the prior written approval
of the Minister may otherwise permit; and
(e) does
not authorise mining to be carried out in any portion of the land that is
—
(i)
below a depth specified in the terms and conditions of
the special prospecting licence, and any depth so specified shall be less than
50 m below the lowest part of the natural surface of the land the subject of
the special prospecting licence; or
(ii)
if a depth is not so specified, 50 m or more below the
lowest part of the natural surface of the land the subject of the special
prospecting licence, except in so far as both the prior written consent of the
holder of the primary tenement and the prior written approval of the Minister
may otherwise permit.
(3a) A special
prospecting licence may be granted for a period of 3 months or for any period
which is a multiple of 3 months but which does not exceed 4 years.
(4) A special
prospecting licence —
(a)
continues in force notwithstanding that the holder of the primary tenement may
apply for and be granted a retention licence, mining lease or general purpose
lease in respect of the land; but
(b)
ceases (and the land in respect of which it was granted reverts to the holder
of the primary tenement as an integral part of the mining tenement held by
that person) on the surrender, forfeiture or expiry of that special
prospecting licence.
(5) No legal or
equitable interest in or affecting —
(a) a
special prospecting licence; or
(b) a
mining lease in respect of the land or any part of the land the subject of a
special prospecting licence,
is capable of being
created, affected or dealt with, whether directly or indirectly, except with
the prior written consent of the holder of the primary tenement, and no person
shall hold or have any beneficial, legal or equitable interest in —
(c) more
than 10 such special prospecting licences; or
(d) more
than one such mining lease.
(6) A reference in
subsection (5) to a person includes a reference to any other person who would,
for the purposes of the Corporations Act, be taken to be an associate of the
first-mentioned person.
(7) The holder of a
special prospecting licence granted for a period of 4 years may make an
application for a mining lease for gold in respect of the land or any part of
the land which is the subject of the special prospecting licence, and on an
application being made the Minister may grant the application for a lease in
respect of that portion of the land to which the special prospecting licence
relates that is less than a depth of 50 m, or such greater depth as the
Minister approves with the prior written consent of the holder of the primary
tenement, below the lowest part of the natural surface of the land and on such
terms and conditions as the Minister thinks fit, and thereupon the area of
land in respect of which that mining lease is granted shall be excised from
the primary tenement.
(7a) Sections 74, 74A
and 75 apply to an application for a mining lease under subsection (7).
(8) A mining lease
granted pursuant to subsection (7) —
(a) has
effect in relation to gold and any minerals occurring in conjunction with that
gold; and
(b) does
not authorise the holder of the mining lease or any agents or employees of the
holder to excavate, extract or remove a total amount of earth, soil, rock,
stone, fluid or mineral bearing substances in excess of 750 t in any year,
except in so far as both the prior written consent of the holder of the
primary tenement and the prior written approval of the Minister may otherwise
permit; and
(c)
ceases to have effect (and the land in respect of which it was granted reverts
to the holder of the primary tenement as an integral part of the tenement held
by that person) on the surrender, forfeiture or expiry of that lease.
(9) Subject to this
section, the provisions of this Act relating to —
(a)
prospecting licences apply to a special prospecting licence; and
(b)
mining leases apply to a mining lease,
granted under this
section.
(9a) Where, before the
determination of an application for a special prospecting licence in respect
of land, the primary tenement is surrendered or forfeited or expires, the
application is, by virtue of this subsection, converted into an application
for a prospecting licence in respect of that land and the provisions of this
Act relating to such applications apply accordingly.
(10) On the surrender,
forfeiture or expiry of the primary tenement, a special prospecting licence in
respect of any land the subject of the primary tenement immediately before the
date of its surrender, forfeiture or expiry is, by virtue of this subsection,
converted into a prospecting licence in respect of that land and, subject to
subsection (11), the provisions of this Act relating to prospecting licences
apply accordingly.
(11) Where a special
prospecting licence is converted into a prospecting licence, the prospecting
licence remains in force, subject to this Act, for the remainder of the period
for which the special prospecting licence was granted.
(12) Subsections (9a)
and (10) do not apply if —
(a) the
primary tenement is amalgamated with an exploration licence under
section 67A(1); or
(b)
prior to the surrender, forfeiture or expiry of the primary tenement the
holder of the primary tenement applies for a retention licence, a mining lease
or a general purpose lease and the licence or lease is subsequently granted in
respect of any land the subject of the special prospecting licence.
[Section 85B inserted: No. 37 of 1993 s. 12(1);
amended: No. 58 of 1994 s. 31; No. 54 of 1996 s. 13 and 23; No. 10 of 2001
s. 134; No. 15 of 2002 s. 17; No. 39 of 2004 s. 10.]
[ 85C. Deleted: No. 52 of 1995 s. 30.]