Western Australian Current Acts Western Australian Current Acts (1) In this section,
unless the context requires of otherwise —
Company means the Midland Railway Company of
Western Australia Limited;
mineral rights means, in relation to land, any
grant, transfer or reservation to —
(a) the
Company; or
(b) a
person who derives his title to the mineral rights from the Company and is
registered pursuant to the provisions of the Transfer of Land Act as the
proprietor of the mineral rights,
of all mines of copper, tin, lead, coal,
ironstone, phosphatic rock and other metals, ores or minerals whatsoever,
except gold, silver and precious metals, and all substances containing
minerals or phosphates, except substances containing gold, silver, or precious
metals, and all gems and precious stones and, subject to the
Petroleum Act 1936 4 , mineral oil in, upon and under the land, with full
liberty at all times to search, dig, mine, bore for and carry them away, and
for that purpose to enter upon the land or any part of it without paying
compensation therefor;
registration authority means the Registrar of
Titles, the Registrar of Deeds and Transfers, the Under Secretary for Mines,
and any other person authorised by Act to record and give effect to the
registration of documents relating to transactions affecting estates and
interests in land.
(2) Where private land
was, at any time prior to, or is, at any time after, the coming into operation
of this Act —
(aa)
acquired by the State by agreement for the purposes of the Scheme; and
(ab)
under the operation of the Transfer of Land Act; and
(ac) the
subject of mineral rights,
on registration of the
transfer to Her Majesty from the registered proprietor of every estate and
interest therein, other than the mineral rights, the mineral rights, by virtue
of, and subject to, the provisions of this subsection, revest in Her Majesty
as of Her former estate, for the purposes of —
(a)
removing the land from the operation of the Transfer of Land Act; and
(b)
bringing the land under the operation of the Land Act; and
(c)
enabling the Governor to —
(i)
grant tenures of the land pursuant to the provisions of
this Act; and
(ii)
make and issue instruments evidencing the revesting,
referred to in subsection (3) of this section, of the mineral rights in the
land.
(3) Where mineral
rights are revested in Her Majesty by operation of the provisions of
subsection (2),
(a) the
mineral rights, are by virtue of the provisions of this subsection,
immediately thereupon revested in such person, and for such estate or interest
as, but for the operation of that subsection, they would have continued to be
vested;
(b) the
Governor shall make and issue an instrument of grant in the form of the
Schedule to this Act evidencing that revesting free of cost to that person.
(4) Nothing contained
in, or done in pursuance of, the provisions of this section —
(a)
affects any proprietory interest in the mineral rights;
(b)
entitles any person to compensation or damages from the Crown.
(5) The Governor shall
not grant or demise, pursuant to the provisions of this Act, any tenure of
land referred to in this section, unless the instrument evidencing the grant
or demise is expressed to be and is subject to the mineral rights.
(6) The appropriate
registration authorities are authorised to record in the appropriate manner
the effect of the operation of the provisions of this section in relation to
land.
[Section 8 amended: No. 31 of 1997 s. 136(2); No.
19 of 2010 s. 51; No. 47 of 2011 s. 16.]