Western Australian Current Acts Western Australian Current Acts (1) This section
applies to a miscellaneous licence that is —
(a) in
force on the commencement; or
(b)
granted on or after the commencement in respect of an application made under
section 91 before the commencement.
(2) Subject to this
Act, a licence to which this section applies remains in force for —
(a) a
period of 5 years from the day on which it is or was granted; or
(b) in
the case of a licence referred to in subsection (1)(a) that was renewed before
the commencement, the period for which it was so renewed.
(3) Notwithstanding
subsection (2), on receipt of an application made in the prescribed manner
during the final year of the term of the licence, the Minister —
(a) may
renew the term of the licence as to the whole or any part of the land the
subject of the licence —
(i)
for one further period not exceeding 5 years; and
(ii)
on such terms and conditions as the Minister thinks fit;
and
(b)
shall, in the case of a licence renewed under paragraph (a), renew or further
renew the term of the licence as to the whole of the land the subject of the
licence —
(i)
for a period that is the same as the period for which the
licence was renewed under paragraph (a); and
(ii)
on the terms and conditions to which the licence was
subject before its renewal.
(4) If an application
for renewal is made under this section and the term of the licence would but
for this subsection expire, the licence continues in force in respect of the
land the subject of the application until the application is determined.
(5) If the holder of a
licence to which this section applies transfers the licence after making an
application for renewal under this section, the application continues in the
name of the transferee of the licence as if the transferee had made it.
(6) In this section
and section 91B —
commencement means the commencement of the Mining
Amendment Act 1998 .
[Section 91A inserted: No. 35 of 1998 s. 5.]