Western Australian Current Acts

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MINING ACT 1978 - SECT 91

91 .         Grant of miscellaneous licence

        (1)         Subject to this Act, and in the case of a miscellaneous licence for water to the Rights in Water and Irrigation Act 1914 , or any Act amending or replacing the relevant provisions of that Act, the mining registrar or the warden, in accordance with section 42 (as read with section 92), may, on the application of any person, grant in respect of any land a licence, to be known as a miscellaneous licence, for any one or more of the purposes prescribed.

        (2)         A person may be granted more than one miscellaneous licence.

        (3)         A miscellaneous licence shall —

            (a)         be in the prescribed form; and

            (b)         authorise the holder to do such matters and things as are specified in the licence.

        [(4), (5)         deleted]

        (6)         A miscellaneous licence shall not be granted unless the purpose for which it is granted is directly connected with mining.

        (7)         Sections 18, 23 and 27 do not prevent a miscellaneous licence from being applied for or granted in respect of land that is the subject of another mining tenement.

        (8)         If a miscellaneous licence is granted in respect of land that is subject to another mining tenement the miscellaneous licence and the other mining tenement apply concurrently with respect to that land.

        (9)         Before an application for a miscellaneous licence is determined a copy of the application shall, within the prescribed time, be given to the local government and to such other persons as may be prescribed.

        (10)         The local government is entitled to be heard on the application and may submit to the mining registrar or the warden, as the case requires, any terms and conditions to which it considers the miscellaneous licence, if granted, should be subject.

        [Section 91 inserted: No. 58 of 1994 s. 33; amended: No. 14 of 1996 s. 4; No. 35 of 1998 s. 4(1) and (2); No. 15 of 2002 s. 18; No. 51 of 2012 s. 26.]



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