Western Australian Current Acts Western Australian Current Acts[s. 27]
[Heading amended: No. 19 of 2010 s. 4.]
East Locations 36, 41, 48, 51, 53, 55, 57, 59, 32, 35, 39, 40, 42, 44, 45, 50,
37, 61, 62.
This is a compilation of the Mining Act 1978 and includes amendments made by
other written laws 5 . For provisions that have come into operation, and for
information about any reprints, see the compilation table. For provisions that
have not yet come into operation see the uncommenced provisions table.
Compilation table
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
107 of 1978 |
8 Dec 1978 |
Long title, heading to Pt. I, s. 1 and 2, heading to, and cl. 3 of, the Second
Sch: 8 Dec 1978 (see s. 2(1)); | |
|
Acts Amendment (Mining) Act 1981 Pt. II |
69 of 1981 |
30 Oct 1981 |
30 Oct 1981 |
|
Reprint of the Mining Act 1978 approved 11 Dec 1981 (includes amendments
listed above except those in the Mining Act 1978 other than the Long title,
heading to Pt. I, s. 1 and 2, heading to, and cl. 3 of, the Second Sch.) | |||
|
Mining (Anomalies Prevention) Order 1981 published in Gazette 18 Dec 1981 p.
5274 |
1 Jan 1982 (see cl. 3) | ||
|
10 of 1982 |
14 May 1982 |
1 Jul 1982 (see s. 2(1) and Gazette 25 Jun 1982 p. 2079) | |
|
Mining (Anomalies Prevention) Order 1982 published in Gazette 16 Jul 1982 p.
2829 |
16 Jul 1982 (see cl. 3) | ||
|
Acts Amendment (Mining) Act 1982 Pt. II |
122 of 1982 |
10 Dec 1982 |
s. 30(d): 1 Jan 1982 (see s. 2(2)); |
|
Mining Amendment Act 1983 |
52 of 1983 |
13 Dec 1983 |
1 Jan 1984 (see s. 2 and Gazette 23 Dec 1983 p. 4934) |
|
Mining Amendment Act 1985 6 |
100 of 1985 (as amended by No. 105 of 1986 Pt. II and No. 22 of 1990 s. 39) |
4 Dec 1985 |
s. 1 and 2: 4 Dec 1985; |
|
1 of 1986 |
26 Jun 1986 |
26 Jun 1986 (see s. 2) | |
|
Acts Amendment and Repeal (Environmental Protection) Act 1986 Pt. IV |
77 of 1986 |
4 Dec 1986 |
20 Feb 1987 (see s. 2 and Gazette 20 Feb 1987 p. 440) |
|
Mining Amendment Act 1986 |
105 of 1986 |
12 Dec 1986 |
s. 1 and 2: 12 Dec 1986; |
|
Mining (Transitional Provisions) (Anomalies Prevention) Order 1987 published
in Gazette 15 May 1987 p. 2161-2 |
15 May 1987 | ||
|
Mining Amendment Act 1987 |
12 of 1987 |
16 Jun 1987 |
s. 1 and 3: 16 Jun 1987; |
|
Mining (Transitional Provisions) (Anomalies Prevention) (No. 2) Order 1987
published in Gazette 20 Nov 1987 p. 4239 |
20 Nov 1987 | ||
|
Acts Amendment (Legal Practitioners, Costs and Taxation) Act 1987 Pt. XIII |
65 of 1987 |
1 Dec 1987 |
12 Feb 1988 (see s. 2(2) and Gazette 12 Feb 1988 p. 397) |
|
Acts Amendment (Public Service) Act 1987 s. 32 |
113 of 1987 |
31 Dec 1987 |
16 Mar 1988 (see s. 2 and Gazette 16 Mar 1988 p. 813) |
|
Acts Amendment (Land Administration) Act 1987 Pt. XVIII |
126 of 1987 |
31 Dec 1987 |
16 Sep 1988 (see s. 2 and Gazette 16 Sep 1988 p. 3637) |
|
Reprint of the Mining Act 1978 as at 1 Aug 1988 (includes amendments listed
above except those in the Acts Amendment (Land Administration) Act 1987 )
(corrigenda to reprint in Gazette 23 Sep 1988 p. 3922 and Gazette 21 Jul 1989
p. 2213) | |||
|
Mining Amendment Act 1990 7 |
22 of 1990 (as amended by No. 37 of 1993 s. 30(1) and (2) and No. 58 of 1994
s. 52) |
28 Aug 1990 |
s. 1 and 2: 28 Aug 1990; |
|
Conservation and Land Management Amendment Act 1991 s. 57 |
20 of 1991 |
25 Jun 1991 |
23 Aug 1991 (see s. 2 and Gazette 23 Aug 1991 p. 4353) |
|
35 of 1992 |
23 Jun 1992 |
1 Jul 1992 (see s. 2(2) and Gazette 30 Jun 1992 p. 2869) | |
|
Land (Titles and Traditional Usage) Act 1993 s. 45 |
21 of 1993 |
2 Dec 1993 |
2 Dec 1993 (see s. 2) |
|
Mining Amendment Act 1993 8 |
37 of 1993 |
16 Dec 1993 |
Pt. 3: 28 Jun 1991 (see s. 2(2); s. 1 and 2: 16 Dec 1993; |
|
Acts Amendment (Public Sector Management) Act 1994 s. 19 |
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948) |
|
Mining Amendment Act 1994 9 |
58 of 1994 (as amended by No. 52 of 1995 Pt. 6 and No. 74 of 2003 s. 85) |
2 Nov 1994 |
Act other than Pt. 2 and s. 52: 2 Nov 1994 (see s. 2(1)); |
|
Statutes (Repeals and Minor Amendments) Act 1994 s. 4 |
73 of 1994 |
9 Dec 1994 |
9 Dec 1994 (see s. 2) |
|
Acts Amendment and Repeal (Native Title) Act 1995 Pt. 5 |
52 of 1995 |
24 Nov 1995 |
9 Dec 1995 (see s. 2 and Gazette 8 Dec 1995 p. 5935) |
|
Water Agencies Restructure (Transitional and Consequential Provisions) Act
1995 s. 188 |
73 of 1995 |
27 Dec 1995 |
1 Jan 1996 (see s. 2(2) and Gazette 29 Dec 1995 p. 6291) |
|
Sentencing (Consequential Provisions) Act 1995 Pt. 88 |
78 of 1995 |
16 Jan 1996 |
4 Nov 1996 (see s. 2 and Gazette 25 Oct 1996 p. 5632) |
|
Reprint of the Mining Act 1978 as at 27 Feb 1996 (includes amendments listed
above except those in the Sentencing (Consequential Provisions) Act 1995 )
| |||
|
Local Government (Consequential Amendments) Act 1996 s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
|
Mining Amendment Act 1996 10 |
54 of 1996 (as amended by No. 39 of 2004 Pt. 11 and No. 8 of 2009 s. 93) |
11 Nov 1996 |
s. 1 and 2: 11 Nov 1996; |
|
Acts Amendment (Marine Reserves) Act 1997 Pt. 3 |
5 of 1997 |
10 Jun 1997 |
29 Aug 1997 (see s. 2 and Gazette 29 Aug 1997 p. 4867) |
|
Acts Amendment (Land Administration) Act 1997 Pt. 44 and s. 141 |
31 of 1997 |
3 Oct 1997 |
30 Mar 1998 (see s. 2 and Gazette 27 Mar 1998 p. 1765) |
|
Statutes (Repeals and Minor Amendments) Act 1997 s. 89 |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997 (see s. 2(1)) |
|
Statutes (Repeals and Minor Amendments) Act (No. 2) 1998 s. 52 |
10 of 1998 |
30 Apr 1998 |
30 Apr 1998 (see s. 2(1)) |
|
Mining Amendment Act 1998 12 |
35 of 1998 |
6 Jul 1998 |
6 Jul 1998 (see s. 2) |
|
Acts Amendment (Land Administration, Mining and Petroleum) Act 1998 |
61 of 1998 |
11 Jan 1999 |
11 Jan 1999 (see s. 2(1)) |
|
Acts Amendment (Mining and Petroleum) Act 1999 Pt. 2 |
17 of 1999 |
15 Jun 1999 |
24 Jul 1999 (see s. 2 and Gazette 23 Jul 1999 p. 3385) |
|
Reprint of the Mining Act 1978 as at 26 Jul 1999 (includes amendments listed
above except those in the Mining Amendment Act 1996 s. 3, 4, 6, 8, 11, 12 and
14-22) | |||
|
Acts Amendment (Police Immunity) Act 1999 s. 8 |
42 of 1999 |
25 Nov 1999 |
25 Nov 1999 (see s. 2) |
|
Statutes (Repeals and Minor Amendments) Act 2000 s. 26 |
24 of 2000 |
4 Jul 2000 |
4 Jul 2000 (see s. 2) |
|
Rights in Water and Irrigation Amendment Act 2000 s. 86 |
49 of 2000 |
28 Nov 2000 |
10 Jan 2001 (see s. 2 and Gazette 10 Jan 2001 p. 163) |
|
Acts Amendment (Australian Datum) Act 2000 s. 5 |
54 of 2000 |
28 Nov 2000 |
16 Dec 2000 (see s. 2 and Gazette 15 Dec 2000 p. 7201) |
|
Mining Amendment Act 2000 |
63 of 2000 |
4 Dec 2000 |
s. 1 and 2: 4 Dec 2000; |
|
10 of 2001 |
28 Jun 2001 |
15 Jul 2001 (see s. 2 and Gazette 29 Jun 2001 p. 3257 and Cwlth Gazette 13
Jul 2001 No. S285) | |
|
Reprint of the Mining Act 1978 as at 7 Sep 2001 (includes amendments listed
above except those in the Mining Amendment Act 1996 s. 3, 4, 6, 8, 11, 12 and
14-22) | |||
|
Mining Amendment Act 2002 |
15 of 2002 |
8 Jul 2002 |
s. 1 and 2: 8 Jul 2002; |
|
Offshore Minerals (Consequential Amendments) Act 2003 Pt. 2 |
12 of 2003 |
17 Apr 2003 |
1 Jan 2011 (see s. 2 and Gazette 17 Dec 2010 p. 6350) |
|
Acts Amendment (Equality of Status) Act 2003 Pt. 46 |
28 of 2003 |
22 May 2003 |
1 Jul 2003 (see s. 2 and Gazette 30 Jun 2003 p. 2579) |
|
Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 s. 52 |
65 of 2003 |
4 Dec 2003 |
1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5722) |
|
Mining Amendment Act 2004 14 |
39 of 2004 (as amended by No. 19 of 2008 Pt. 2 and No. 51 of 2012 Pt. 3) |
3 Nov 2004 |
s. 1 and 2: 3 Nov 2004; |
|
Acts Amendment (Court of Appeal) Act 2004 s. 37 |
45 of 2004 |
9 Nov 2004 |
1 Feb 2005 (see s. 2 and Gazette 14 Jan 2005 p. 163) |
|
Courts Legislation Amendment and Repeal Act 2004 Pt. 15 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128) |
|
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal
Act 2004 s. 570 16 |
55 of 2004 |
24 Nov 2004 |
1 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7130) |
|
Criminal Law Amendment (Simple Offences) Act 2004 s. 82 |
70 of 2004 |
8 Dec 2004 |
31 May 2005 (see s. 2 and Gazette 14 Jan 2005 p. 163) |
|
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004
s. 80 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Act
2005 Pt. 15 (s. 61-62) |
24 of 2005 |
2 Dec 2005 |
s. 61: 1 Jan 2006 (see s. 2 and Gazette 23 Dec 2005 p. 6244); |
|
Mining Amendment Act 2005 |
27 of 2005 |
12 Dec 2005 |
s. 1 and 2: 12 Dec 2005; |
|
Planning and Development (Consequential and Transitional Provisions) Act 2005
s. 15 |
38 of 2005 |
12 Dec 2005 |
9 Apr 2006 (see s. 2 and Gazette 21 Mar 2006 p. 1078) |
|
Reprint 6: The Mining Act 1978 as at 10 Apr 2006 (includes amendments listed
above except those in the Offshore Minerals (Consequential Amendments) Act
2003 , the Mining Amendment Act 2004 Pt. 9 and the Oaths, Affidavits and
Statutory Declarations (Consequential Provisions) Act 2005 s. 62) | |||
|
Petroleum Amendment Act 2007 s. 100 |
35 of 2007 |
21 Dec 2007 |
19 Jan 2008 (see s. 2(b) and Gazette 18 Jan 2008 p. 147) |
|
Legal Profession Act 2008 s. 681 |
21 of 2008 |
27 May 2008 |
1 Mar 2009 (see s. 2(b) and Gazette 27 Feb 2009 p. 511) |
|
Revenue Laws Amendment Act (No. 2) 2008 Pt. 2 Div. 2 |
31 of 2008 |
27 Jun 2008 |
28 Jun 2008 (see s. 2(b)) |
|
Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 8 |
8 of 2009 |
21 May 2009 |
22 May 2009 (see s. 2(b)) |
|
Reprint 7: The Mining Act 1978 as at 3 Jul 2009 (includes amendments listed
above except those in the Offshore Minerals (Consequential Amendments) Act
2003 ) | |||
|
Approvals and Related Reforms (No. 3) (Crown Land) Act 2010 Pt. 6 |
8 of 2010 |
3 Jun 2010 |
18 Sep 2010 (see s. 2(b) and Gazette 17 Sep 2010 p. 4757) |
|
Approvals and Related Reforms (No. 2) (Mining) Act 2010 Pt. 2 and 3 |
12 of 2010 |
3 Jun 2010 |
Pt. 3: 21 Mar 2011 |
|
Standardisation of Formatting Act 2010 s. 4 and 51 |
19 of 2010 |
28 Jun 2010 |
11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341) |
|
Public Sector Reform Act 2010 s. 89 |
39 of 2010 |
1 Oct 2010 |
1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563) |
|
Personal Property Securities (Consequential Repeals and Amendments) Act 2011
Pt. 9 Div. 1 |
42 of 2011 |
4 Oct 2011 |
30 Jan 2012 (see s. 2(c) and Cwlth Legislative Instrument No. F2011L02397 cl.
5 registered 21 Nov 2011) |
|
Reprint 8: The Mining Act 1978 as at 7 Oct 2011 (includes amendments listed
above except those in the Personal Property Securities (Consequential Repeals
and Amendments) Act 2011 ) (correction to reprint in Gazette 1 Jun 2012 p.
2282) | |||
|
Mining Amendment Act 2012 |
51 of 2012 |
29 Nov 2012 |
2 Feb 2013 (see s. 2(b) and Gazette 1 Feb 2013 p. 447) |
|
Statutes (Repeals and Minor Amendments) Act 2014 s. 29 |
17 of 2014 |
2 Jul 2014 |
6 Sep 2014 (see s. 2(b) and Gazette 5 Sep 2014 p. 3213) |
|
Conservation and Land Management Amendment Act 2015 s. 77 |
28 of 2015 |
19 Oct 2015 |
7 May 2016 (see s. 2(b) and Gazette 6 May 2016 p. 1379-80) |
|
Alumina Refinery (Mitchell Plateau) Agreement (Termination) Act 2015 Pt. 3 |
31 of 2015 |
2 Nov 2015 |
3 Nov 2015 (see s. 2(b)) |
|
Mining (Transitional Provisions) (Anomalies Prevention) Order 2016 published
in Gazette 22 Jul 2016 p. 3134 |
22 Jul 2016 (see cl. 2) | ||
|
Licensing Provisions Amendment Act 2016 Pt. 5 |
44 of 2016 |
1 Dec 2016 |
8 Feb 2017 (see s. 2(b) and Gazette 7 Feb 2017 p. 1158) |
|
Reprint 9: The Mining Act 1978 as at 10 Feb 2017 (includes amendments listed
above) | |||
|
Environmental Protection Amendment Act 2020 s. 116 |
40 of 2020 |
19 Nov 2020 |
23 Oct 2021 (see s. 2(1)(e) and SL 2021/176 cl. 2) |
|
9 of 2022 |
14 Apr 2022 |
1 Jul 2022 (see s. 2(c) and SL 2022/113 cl. 2) | |
|
Mining Amendment Act (No. 2) 2022 |
39 of 2022 |
1 Nov 2022 |
s. 1 and 2: 1 Nov 2022 (see s. 2(a)); |
|
Land and Public Works Legislation Amendment Act 2023 Pt. 4 Div. 8 |
4 of 2023 |
24 Mar 2023 |
10 Aug 2023 (see s. 2(b) and SL 2023/132 cl. 2) |
|
Directors’ Liability Reform Act 2023 Pt. 3 Div. 41 |
9 of 2023 |
4 Apr 2023 |
5 Apr 2023 (see s. 2(j)) |
|
Mining Amendment Act 2023 |
27 of 2023 |
17 Nov 2023 |
s. 1 and 2: 17 Nov 2023 (see s. 2(a)); |
To view the text of the uncommenced provisions see Acts as passed on the WA
Legislation website.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
60 of 1999 |
10 Jan 2000 |
Operative on earliest of commencement of Pt. 2 (except s. 2.2), Pt. 3 (except
s. 3.1) and Pt. 4 | |
|
Mining Legislation Amendment Act 2014 Pt. 2 |
4 of 2014 |
22 Apr 2014 |
To be proclaimed (see s. 2(b)) |
|
53 of 2016 |
29 Nov 2016 |
To be proclaimed (see s. 2(b)) | |
|
Mining Amendment Act 2022 (s. 3-41) |
31 of 2022 |
28 Sep 2022 |
To be proclaimed (see s. 2(b)) |
|
Petroleum Legislation Amendment Act 2024 Pt. 5 Div. 8 |
17 of 2024 |
14 May 2024 |
To be proclaimed (see s. 2(b)) |
1 Repealed by the Interpretation Act 1984 s.
77(1).
2 Repealed by the Mining Act 1978 s. 3(1).
3 The Mining Amendment Act 1981 s. 3 reads as
follows:
3. Continuation of miners’ rights issued
under Mining Act 1904
(1) A miner’s
right issued under section 22 of the Mining Act 1904 and in force immediately
before the repeal of that Act by the Mining Act 1978 shall, notwithstanding
such repeal, continue in force and have effect in all respects as if it were
issued under section 20 of the Mining Act 1978 .
(2) Subsection (1) of
this section shall not be construed so as to derogate in any way from sections
15 and 16 of the Interpretation Act 1918 .
(3) A miner’s
right issued under the Mining Act 1904 before 8 December 1978 shall be deemed
to have been valid and in force until the date of expiry expressed thereon.
(4) Subsection (3) of
this section shall not be construed so as to derogate in any way from the
effect of the Mining Act Amendment Clause 1978 as set out in Clause 3 of the
Second Schedule to the Mining Act 1978 .
4 Under the Alteration of Statutory Designations
Order (No. 3) 2001 a reference in a written law to the Department of Mines is,
unless the contrary is intended, to be read and construed as a reference to
the Department of Industry and Resources.
At the time of this compilation, the department is
called the Department of Mines, Industry Regulation and Safety.
5 The Mining Legislation Amendment and Validation
Act 2008 Pt. 2 Div. 2 and Pt. 3 read as follows:
Division 2 — Validation and pending applications
6. Validation of extension of term of certain
exploration licences
If, before the day on
which this section comes into operation, the term of a relevant licence was
extended as a result of an application lodged at an office of the Department
—
(a) the
extension of the term of the licence; and
(b)
anything done or purportedly done under the licence, or in relation to the
licence, after the extension,
are taken to be, and
always to have been, as valid and effective as they would have been if the
application had been lodged at the office of the mining registrar.
7. Pending applications for extension of term
If —
(a) an
application for the extension of the term of a relevant licence has been
lodged at an office of the Department; and
(b) the
application has not been determined before the day on which this section comes
into operation,
the application is to
be dealt with and determined as if it had been lodged at the office of the
mining registrar.
Part 3 — Provisions relating to miscellaneous licences
8. Validation of grant of certain miscellaneous
licences
If, before the day on
which this section comes into operation, a miscellaneous licence was granted
for a purpose approved or specified by the Director General of Mines —
(a) the
grant of the licence; and
(b)
anything done or purportedly done under the licence or in relation to the
licence,
are taken to be, and
always to have been, as valid and effective as they would have been if the
purpose so approved or specified had been prescribed for the purposes of the
Mining Act 1978 section 91(1) at the time of the grant.
9. Pending applications for miscellaneous licence
If —
(a) an
application has been made for a miscellaneous licence for a purpose approved
or specified by the Director General of Mines; and
(b) the
application has not been determined before the day on which this section comes
into operation,
the application is to
be dealt with and determined as if, on and from the time the application was
made, the purpose so approved or specified were prescribed for the purposes of
the Mining Act 1978 section 91(1).
6 The Mining Amendment Act 1986 Pt. II amended the
Mining Amendment Act 1985 s. 34 and 88. The Mining Amendment Act 1990 s. 39
repealed the Mining Amendment Act 1985 s. 88 and 90 before they came into
operation.
7 The Mining Amendment Act 1990 s. 40 (as amended
by the Mining Amendment Act 1993 s. 30(1) and (2) and the Mining Amendment Act
1994 s. 53) reads as follows:
40. Savings and transitional
(1) Notwithstanding
sections 15, 16, 17, 19 and 34 but subject to this section —
(a) the
amendments to the principal Act effected by those sections do not have effect
in relation to —
(i)
any exploration licence in force before the commencement
day;
(ii)
any application for an exploration licence lodged with
the Department before the commencement day; or
(iii)
any exploration licence granted in respect of an
application referred to in subparagraph (ii);
(b)
where, after the commencement day —
(i)
land becomes available from an existing licence; and
(ii)
other land in the same block is the subject of an
exploration licence granted in respect of an application lodged with the
Department on or after the commencement day,
the exploration
licence referred to in subparagraph (ii) shall, by virtue, be amended to
include the land that has become available from the existing licence;
(c)
where, after section 52 of the Mining Amendment Act 1994 commences —
(i)
land becomes available from an existing licence; and
(ii)
other land in the same block is the subject of an
application for an exploration licence lodged with the Department on or after
the commencement day,
the application
referred to in subparagraph (ii) is deemed to extend, and to have always
extended, to the land that has become available from the existing licence,
and, if an exploration licence is granted as a result of the application, that
land shall be included in the exploration licence.
(1a) Subsection (1)(b)
or (c) does not apply if the land that has become available from an existing
licence has been included in an application under section 67 or 70B and a
mining lease, general purpose lease or retention licence is granted in respect
of that application.
(2) Without affecting
anything in subsection (1) the Governor may make regulations providing for
such savings and transitional matters as are convenient or necessary for the
purposes of giving effect to the amendments effected by this Act to the
principal Act.
(3) In this section
—
block means a block as described in section 56C of
the principal Act as in force after the commencement of section 15 of this
Act;
commencement day means the day on which
sections 15, 16, 17, 19 and 34 of this Act come into operation;
existing licence means an exploration licence
referred to in subsection (1)(a)(i) or (iii).
(4) A reference in
this section to land becoming available from an existing licence is a
reference to the land being surrendered or forfeited (otherwise than under
section 98 of the principal Act) or to the expiry of the existing licence.
8 The Mining Amendment Act 1993 s. 5(2), 19(2) and
28(2), and s. 29 and 30(3) (which are in Pt. 3 of the Act) read as follows:
5. Section 45 amended and savings
(2) Notwithstanding
subsection (1), section 45 of the principal Act as in force immediately before
the commencement of this section continues to have effect in relation to
—
(a) any
prospecting licence in force before that commencement; and
(b) any
application for an extension of the term of a prospecting licence lodged
before that commencement.
19. Section 114A inserted and validation
(2) Any act or thing
done before the commencement of the section by the holder of a mining tenement
as defined in the principal Act is, and is to be regarded as having always
been, as valid, lawful and effective as it would have been if —
(a)
section 114A of the principal Act as inserted by subsection (1);
(b)
section 114(7) of the principal Act as amended by this Act; and
(c)
clause 7(5) of the Second Schedule to the principal Act as inserted by this
Act,
had been in operation
when the act or thing was done.
28. Amendments relating to surveys and savings
provision
(2) Notwithstanding
subsection (1), section 80(3) of the principal Act as in force immediately
before the commencement of this section continues to have effect in relation
to survey fees paid under the principal Act before that commencement.
29. Principal Act
In this Part the
Mining Amendment Act 1990 is referred to as the principal Act.
30. Mining Amendment Act 1990 amended and
transitional
(3) Notwithstanding
section 40 of the principal Act as amended by this section —
(a) the
amendment effected by section 19(b) of the principal Act;
(b)
section 65(1c)(b) and (c) of the Mining Act 1978 as inserted by section 19(c)
of the principal Act; and
(c) the
repeal effected by section 19(d) of the principal Act,
have effect in
relation to an exploration licence referred to in section 40(1)(a)(i) or (iii)
of the principal Act.
9 The Mining Amendment Act 1994 s. 21(5), 31(4)
and 53 read as follows:
21. Section 70 amended and saving
(5) The amendments
made to section 70 of the principal Act by subsections (3) and (4) do not
affect the term of any special prospecting licence in force under that section
immediately before the commencement of this section.
31. Section 85B amended and saving
(4) The amendments
made to section 85B of the principal Act by subsections (2) and (3) do not
affect the term of any special prospecting licence in force under section 85B
immediately before the commencement of this section.
53. Operation of section 30(3)(b) of the Mining
Amendment Act 1993 modified
(1) Despite sections
2(2) and 30(3)(b) of the Mining Amendment Act 1993 , section 65(1c)(b) and (c)
of the Mining Act 1978 as inserted by section 19(c) of the Mining Amendment
Act 1990 do not have any effect, and are deemed to have never had any effect,
in relation to the surrender of an existing licence under section 65 of the
Mining Act 1978 where that surrender took place before 1 July 1994.
(2) In subsection (1)
existing licence means an exploration licence referred to in section
40(1)(a)(i) or (iii) of the Mining Amendment Act 1990 .
10 The Mining Amendment Act 1996 s. 9 had not come
into operation when it was deleted by the Statutes (Repeals and Miscellaneous
Amendments) Act 2009 s. 93.
11 The proclamation for the commencement of s. 3,
4, 6, 8, 11, 12 and 14- 22 ( Gazette 14 Jan 2005 p. 164) was revoked in
Gazette 24 Mar 2005 p. 1001.
12 The Mining Amendment Act 1998 s. 4(3) reads as
follows:
(3) An application for
renewal under section 91(4) of the principal Act that has not been determined
on the commencement of this Act is to be treated as an application for renewal
under section 91A(3)(a) as inserted into the principal Act by section 5.
13 The proclamation for the commencement of s. 12
( Gazette 14 Jan 2005 p. 164) was revoked in Gazette 24 Mar 2005 p. 1001.
14 The Mining Amendment Act 2004 s. 5(2), 6(2),
11, 15(2) and 19 (as amended by the Mining Legislation Amendment and
Validation Act 2008 s. 5 and the Mining Amendment Act 2012 Pt. 3) , 32(3),
35, 36(2), 39(2), 86, 90(2), s. 98(2)-(4) and Pt. 12 read as follows:
5. Section 45 amended and savings provision
(2) Despite the
amendment made by subsection (1), section 45 of the Mining Act 1978 as in
force immediately before the commencement of this section continues to apply
to and in relation to —
(a) any
prospecting licence in force under that Act immediately before the
commencement; and
(b) any
prospecting licence granted under that Act after the commencement in respect
of an application made before the commencement.
6. Section 46 amended and transitional provision
(2) Section 46(aa) of
the Mining Act 1978 as inserted by subsection (1) does not apply to a
prospecting licence granted under that Act before the day on which this
section comes into operation.
11. Transitional provision
(1) In this section
—
commencement means the commencement of this Part;
old provisions means sections 56A, 70 and 85B of
the Mining Act 1978 as in force immediately before the commencement.
(2) Despite the
amendments made by this Part, the old provisions continue to apply to and in
relation to an application for a special prospecting licence or a mining lease
for gold under the Mining Act 1978 that is pending immediately before the
commencement.
15. Section 63 amended and transitional provision
(2) Section 63(aa) of
the Mining Act 1978 as inserted by subsection (1) does not apply to an
exploration licence granted under that Act before the day on which this
section comes into operation.
19. Transitional and savings provisions
(1) In this section
—
commencement means the commencement of this Part;
old provisions means the Mining Act 1978 as in
force immediately before the commencement;
relevant licence means —
(a) an
exploration licence granted under the Mining Act 1978 that is in force
immediately before the commencement; or
(b) an
exploration licence granted under the Mining Act 1978 after the commencement
in respect of an application made before the commencement.
(2) Despite the
amendments made by this Part, the old provisions (other than sections 61(3),
63A, 65(1a), 65(1c) and 65(4)) continue to apply to and in relation to a
relevant licence.
(2a) Section 61(3) and
(3a) of the Mining Act 1978 apply to and in relation to an application for the
extension of the term of a relevant licence.
(3) If the holder of a
relevant licence fails to comply with the requirements for surrender in
section 65(1) or (1b) of the old provisions, the Minister must, by notice in
writing, require the holder to lodge the surrender for registration within a
period specified in the notice.
(4) Section 63A of the
Mining Act 1978 applies to and in relation to a relevant licence as if it
contained a provision to the effect that the licence is liable to forfeiture
if the holder of the licence fails to comply with a requirement under
subsection (3).
(5) Despite the
amendments made by section 16, section 65(1a) of the old provisions continues
to apply to and in relation to a relevant licence as if —
(a)
“licence — ” were replaced by —
“ licence ”;
(b)
paragraphs (a) and (b), and “or” after paragraph (a), were
deleted; and
(c)
“the Minister may exempt” were replaced by —
“
the Minister may, if
satisfied that a ground for exemption exists, exempt
”.
(6) For the purposes
of the application of section 65(1a) of the old provisions as modified by
subsection (5) each of the following is a ground for exemption —
(a) by
reason of difficulties or delays —
(i)
occasioned by law; or
(ii)
arising from administrative, political, environmental or
other requirements of governmental or other authorities, in the State or
elsewhere; or
(iii)
arising from a requirement to conduct an Aboriginal
heritage survey on the land to which the application for exemption relates
(the relevant land ); or
(iv)
in obtaining requisite consents or approvals for
exploration or for the marking out of a mining lease or general purpose lease
in relation to any part of the relevant land; or
(v)
in gaining access to the relevant land because of
unfavourable climatic conditions,
the exploration
programme, or the marking out and application appropriate to a mining lease or
general purpose lease in relation to the relevant land, could not be
undertaken or completed or is restricted in a manner that is, or subject to
conditions that are, for the time being impracticable;
(b) work
already carried out under the licence justifies further exploration.
(7) Despite the
amendments made by section 16, section 65(1c) of the old provisions continues
to apply to and in relation to a relevant licence as if section 65(1c)(b) were
replaced by the following paragraph —
“
(b)
shall be lodged at an office of the Department on or before the last day of
the third or fourth year, as the case requires, of the term for which it is
lodged;
”.
[Section 19 amended:
No. 19 of 2008 s. 5; No. 51 of 2012 s. 45.]
32. Section 82 amended and transitional provisions
(3) Section 82(1)(ca)
of the Mining Act 1978 as inserted by subsection (1) does not apply to a
mining lease granted under that Act before the day on which this section comes
into operation.
35. Transitional provision
(1) In this section
—
commencement means the commencement of this Part;
old provisions means sections 74 and 75 of the
Mining Act 1978 as in force immediately before the commencement.
(2) Despite the
amendments made by this Part, the old provisions continue to apply to and in
relation to an application for a mining lease under the Mining Act 1978 that
is pending immediately before the commencement.
36. Section 70F replaced and transitional
provision
(2) Where, immediately
before the commencement of this section, an application for a retention
licence has been made, but has not been finally determined, under the
Mining Act 1978 —
(a) the
person who made the application is not required to comply with section 70F(1)
of that Act as inserted by subsection (1); and
(b)
section 70F(4) of that Act as inserted by subsection (1) does not apply in
respect of the application.
39. Section 84A replaced and transitional
provision
(2) Where, immediately
before the commencement of this section, an application for a mining lease had
been made, but had not been determined, under the Mining Act 1978 —
(a) the
person who made the application is not required to comply with section 84A(1)
of that Act as inserted by subsection (1); and
(b)
section 84A(4) of that Act as inserted by subsection (1) does not apply in
respect of the application.
86. Transitional provision
If, on the
commencement of this Part, an application or objection in respect of a mining
tenement has been made, but has not been determined, under Part IV of the
Mining Act 1978 , the application or objection is to be dealt with and
determined under that Act as if this Part had not come into operation.
90. Section 70H amended and transitional provision
(2) Section 70H(1)(aa)
of the Mining Act 1978 as inserted by subsection (1) does not apply to a
retention licence granted under that Act before the day on which this section
comes into operation.
98. Section 118A inserted and validation and
transitional provisions
(2) A mining
authorisation given before the commencement is, and is to be taken to have
always been, as valid and effective as it would have been if the amendment
made by subsection (1) had been in effect at the time it was given.
(3) On and after the
commencement an existing mining authorisation is be treated as an
authorisation under section 118A(2) of the Mining Act 1978 as inserted by
subsection (1).
(4) In subsections (2)
and (3) —
commencement means the commencement of this
section;
existing mining authorisation means a mining
authorisation in force immediately before the commencement;
mining authorisation means an instrument in
writing under which the holder of a prospecting licence, exploration licence
or mining lease (as those terms are defined in the Mining Act 1978 ) purports
to authorise another person to carry out mining of the kind authorised by the
licence or lease on the land the subject of the licence or lease.
Part 12 — Transitional regulations
105. Further transitional provisions may be made
(1) In this section
—
amending provision means a provision of this Act;
commencement means the commencement of this
section;
specified means specified or described in the
regulations;
transitional matter means a matter that needs to
be dealt with for the purpose of effecting the transition from the Mining Act
1978 as in force before an amending provision comes into operation to that Act
as in force after the amending provision comes into operation, and includes a
savings or application matter.
(2) If there is no
sufficient provision in this Act for dealing with a transitional matter,
regulations may be made under the Mining Act 1978 prescribing all matters
that are required, necessary or convenient to be prescribed in relation to the
transitional matter.
(3) Regulations
referred to in subsection (2) may provide that specified provisions of this
Act or the Mining Act 1978 —
(a) do
not apply; or
(b)
apply with specified modifications,
to or in relation to
any matter.
(4) Regulations
referred to in subsection (2) must be made within 12 months after the
commencement.
(5) If regulations
referred to in subsection (2) provide that a specified state of affairs is to
be taken to have existed, or not to have existed, on and from a day that is
earlier than the day on which the regulations are published in the Gazette but
not earlier than the commencement, the regulations have effect according to
their terms.
(6) If regulations
contain a provision referred to in subsection (5), the provision does not
operate so as to —
(a)
affect in a manner prejudicial to any person (other than the State or an
authority of the State), the rights of that person existing before the day of
publication of those regulations; or
(b)
impose liabilities on any person (other than the State or an authority of the
State) in respect of anything done or omitted to be done before the day of
publication of those regulations.
15 The proclamation for the commencement of Pt. 9
( Gazette 14 Jan 2005 p. 164) was revoked in Gazette 24 Mar 2005 p. 1002.
16 The State Administrative Tribunal (Conferral of
Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative
Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal
Regulations 2004 r. 28 and 42 deal with certain transitional issues some of
which may be relevant for this Act.
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
absolute caveat
121
aggregate exploration expenditure
102(2a)
agreement 122E(4)
agricultural 8(1)
applicant
105A(2)
application for exemption 102(1)
approved surveyor 162(2)
audit amount
115B(1)
audit statement
115B(1)
authorisation 118A(1)
authorised officer
103A
available land
40A
block 95A(1)
burial ground
8(1)
caveat 121
combined reporting
tenements 102(2)
commencement
91A(6)
commencement day Second Sch. cl.
16(1), 17(1), 18(1) and 19(1)
commencing date 8(1)
Commonwealth land 8(1)
consent caveat
121
conservation land 40A
conservation Minister 24A(9)
continuing licence
120AA(1)
Corporations Act
8(1)
Crown land 8(1)
dam
8(1)
damage 8(1)
dealing
8(1)
Department 8(1)
designated area 57A(5)
designated tenement contact
(DTC) 8(1)
Director General of Mines
8(1)
Director, Geological Survey
8(1)
diversification lease 8(1)
end day
65(1)
existing application
Second Sch. cl. 18(1)
expenditure 115B(1)
expenditure amount 115B(1)
expenditure conditions
8(1)
exploration licence
69A(1)
extension application 45(1b)
fisheries Minister 24A(9)
former holder
114(7), 114C(1)
fossick 8(1)
geological sample 8(1)
give
17(1)
grant 125A(3)
granted land
65(4c)
graticular
sections 56C(1)
ground disturbing equipment
8(1)
guidelines 70O(1),
115A(1)
identified mineral resource 8(1)
JORC Code
74(7)
judgment 140(1)
LAA Minister 8(1)
land
8(1), 21(2A)
land under cultivation 8(1)
lapidary
work 8(1)
late renewal application
111A(2)
later tenement 103EA(3),
122C(1)
lease application 120AA(1)
lessee
123(7), 125
licence 96A(7)
likely 74(7)
listed public company
8(1)
local government 8(1)
machinery
8(1)
marine management area
8(1)
marine Minister 24A(9)
marine nature
reserve 8(1)
marine park
8(1)
mine 8(1)
mine closure plan
70O(1)
mineral exploration report
115A(1)
mineral field 8(1)
mineralisation
report 74(7), 74A(7)
minerals
8(1)
miner’s right 8(1)
mining
8(1), 123(2a)
mining operations
8(1)
mining plant 114(1)
mining product
8(1)
mining proposal
70O(1)
mining registrar 8(1)
mining tenement
8(1)
mining tenement document
162(3A)
native title holders 125A(3)
new
mining tenement Second Sch. cl. 10(1) and (3)
occupier 8(1)
offsets project
8(1)
offshore area 9A(2)
oil shale
8(1)
old mining tenement
Second Sch. cl. 10(1) and (3)
old mining tenements
Second Sch. cl. 10(1)
operations report 115A(1),
115B(1)
owner 8(1)
Part IV proceedings
162(2)
pastoral lease 8(1)
permit 40G(1)
permit land
40G(1)
prescribed day 19(2d)
prescribed
official 8(1), 30(8)
prescribed period
114(1)
prescribed provision
17(1)
primary tenement 56A(1), 70(1), 70A, 85B(1)
private land 8(1)
processed mineral resource
8(1)
proposal 6(1b)
prospecting licence 53(1)
public purpose
8(1)
qualified person 74(7)
register 8(1)
registered
116(3)
registration 8(1)
related
8(1)
relevant licence 56B(1)
relevant mining proposal 70O(1)
relevant portion
29(6a)
relevant tenement
118A(2)
remedial work 114C(1)
repealed Act
8(1)
resource report
74(7)
restricted area 24A(9)
retention status
8(1)
reversion licence application
8(1)
secondary tenement 67A(7)
section 74A report 75(10)
significant
mineralisation 70O(1)
special prospecting licence
56A(1), 70(1), 85B(1)
specified
55A(5), 69D(5), 70IA(4)
State 56C(5)
subject to claim caveat 121
surrender day
65(1)
surrendered land 65(4c)
tax memorial 103A
tenement application
96(3b), 100(1a)
the mining registrar
8(1)
the warden 8(1)
transition period
Second Sch. cl. 18(1)
vehicle
8(1)
warden 8(1)
warden’s court
8(1)
withdrawal of memorial
103A
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