Western Australian Current Acts

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OFFSHORE MINERALS ACT 2003 - SECT 46

46 .         Activities authorised by an exploration licence

        (1)         Subject to subsection (2), an exploration licence holder may —

            (a)         explore for minerals in the licence area; and

            (b)         take samples of minerals in the licence area.

        Note:

        1.         Under section 23(1) the concept of “exploration” extends to activities that are directly related to exploration.

        2.         Under section 38A(3) and (5) the consent of the Minister is required to the carrying out of offshore exploration or mining activities in a marine nature reserve, marine park or marine management area. Section 38A(7) and (8) also contain provisions about the disturbance of certain parts of marine nature reserves and restricted areas.

        (2)         If the licence is expressed to restrict the kind of minerals covered by the licence, the holder is not permitted to explore for, or to take samples of, minerals not covered by the licence.

        (3)         A restriction on the kind of minerals covered by the licence may be inclusive (for example, only minerals A, B and C) or exclusive (for example, all minerals except A, B and C).

        (4)         For the purposes of subsection (2), the holder does not take samples of an excluded mineral if, in the course of exploring for, or taking samples of, another mineral, the holder recovers some excluded mineral.



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