Western Australian Current Acts

MINING ACT 1978 - SECT 96A

96A .         Forfeiture of exploration licence or retention licence

        (1)         When —

            (a)         an exploration licence is liable to forfeiture by virtue of section 63A; or

            (b)         a retention licence is liable to forfeiture by virtue of section 70K,

                the Minister may cause the licence to be forfeited by declaring by notice published in the Government Gazette that the licence is forfeited.

        (2)         Subject to section 97A, the Minister may, for any cause that he deems sufficient and subject to subsection (3), by notice under his hand published in the Government Gazette —

            (a)         cancel a declaration made under subsection (1); and

            (b)         restore the licence to which the declaration referred to in paragraph (a) relates to the holder thereof.

        (3)         The Minister may, in effecting the cancellation and restoration referred to in subsection (2), impose on the holder of the licence restored under that subsection such conditions as he thinks fit.

        (4)         The production of a copy of the Government Gazette containing a notice published therein under subsection (1) or (2) is evidence that the licence concerned has been forfeited or restored, as the case requires.

        (5)         The Minister, as he thinks fit in the circumstances of the case, as an alternative to causing the licence to be forfeited, may —

            (a)         impose on the holder of the licence a penalty not exceeding $75 000 if the holder is an individual or $150 000 if the holder is a body corporate; or

            (b)         award the whole or any part of the amount of any such penalty to any person, other than an officer of the Department; or

            (c)         impose no penalty on the holder.

        (6)         Where any penalty imposed as an alternative to forfeiture under subsection (5) is not paid within the time specified by the Minister, or within 30 days of written notice of the penalty being given by the Minister to the holder of the licence if no other time is specified by the Minister, the licence is thereby forfeited.

        (7)         In this section licence means the exploration licence or the retention licence, as the case requires.

        [Section 96A inserted: No. 69 of 1981 s. 22; amended: No. 100 of 1985 s. 69; No. 22 of 1990 s. 38; No. 37 of 1993 s. 10(2); No. 15 of 2002 s. 28; No. 51 of 2012 s. 29.]