Western Australian Current Acts

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MINING ACT 1978 - SECT 91B

91B .         Term and renewal of licence granted in respect of new application

        (1)         This section applies to a miscellaneous licence granted in respect of an application made under section 91 on or after the commencement.

        (2)         Subject to this Act, a licence to which this section applies remains in force for a period of 21 years.

        (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)         shall renew the term of the licence as to the whole of the land the subject of the licence —

                  (i)         for one further period of 21 years; and

                  (ii)         on the terms and conditions to which the licence was subject before its renewal;

                and

            (b)         may, in the case of a licence renewed under paragraph (a), renew or further renew the term of the licence as to the whole or any part of the land the subject of the licence —

                  (i)         for a period not exceeding 21 years; and

                  (ii)         on such terms and conditions as the Minister thinks fit.

        (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.

        [Section 91B inserted: No. 35 of 1998 s. 5.]



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