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This is a Bill, not an Act. For current law, see the Acts databases.


MINING AMENDMENT (PROCEDURES AND VALIDATION) BILL 2018

                      Western Australia


     Mining Amendment (Procedures and
            Validation) Bill 2018

                          Contents

        Part 1 -- Preliminary
1.      Short title                                          2
2.      Commencement                                         2
        Part 2 -- Mining Act 1978 amended
3.      Act amended                                          3
4.      Section 6 amended                                    3
5.      Section 58 amended                                   3
6.      Section 59 amended                                   4
7.      Section 70D amended                                  4
8.      Section 70O amended                                  4
9.      Section 74 amended                                   5
10.     Section 74A amended                                  7
11.     Section 75 amended                                   8
12.     Section 82A amended                                 12
13.     Section 84AA amended                                13
14.     Section 90 amended                                  13
15.     Section 97A amended                                 13
16.     Section 98 amended                                  13
17.     Section 102 amended                                 14
18.     Section 125B inserted                               14
        125B.    Compensation not affected by Part X   14
19.     Section 162B amended                                14
20.     Section 162 amended                                 15
21.     Part X inserted                                     16
        Part X -- Validation
        164.     Terms used                            16
        165.     Pending applications                  18



                              83--1                          page i
Mining Amendment (Procedures and Validation) Bill 2018



Contents



              166.     Validation of grant, amendment or renewal
                       of mining tenements and related actions     20

              Part 3 -- Mining Legislation
                   Amendment Act 2014 amended
      22.     Act amended                                               23
      23.     Sections 4 to 7 deleted                                   23




page ii
                           Western Australia


                     LEGISLATIVE ASSEMBLY


        Mining Amendment (Procedures and
               Validation) Bill 2018

                               A Bill for


An Act to amend --
    the Mining Act 1978; and
    the Mining Legislation Amendment Act 2014.



The Parliament of Western Australia enacts as follows:




                                                         page 1
     Mining Amendment (Procedures and Validation) Bill 2018
     Part 1       Preliminary

     s. 1



1                           Part 1 -- Preliminary
2    1.       Short title
3             This is the Mining Amendment (Procedures and Validation)
4             Act 2018.

5    2.       Commencement
6             This Act comes into operation as follows --
7              (a) this Part -- on the day on which this Act receives the
8                    Royal Assent;
9              (b) the rest of the Act -- on a day fixed by proclamation,
10                   and different days may be fixed for different provisions.




     page 2
                  Mining Amendment (Procedures and Validation) Bill 2018
                               Mining Act 1978 amended            Part 2

                                                                             s. 3



1            Part 2 -- Mining Act 1978 amended
2    3.   Act amended
3         This Part amends the Mining Act 1978.

4    4.   Section 6 amended
5         In section 6(1a) delete "accompanied by the documentation
6         referred to in section 74(1)(ca)(ii) --" and insert:
7

8         in respect of which the documents referred to in
9         section 74(1AA)(b) or (c) have been lodged --
10


11   5.   Section 58 amended
12        In section 58(1):
13          (a) delete paragraph (b)(i);
14          (b) in paragraph (b)(ii) delete "such area; and" and insert:
15

16               the first year of the term of the licence; and
17

18         (c)   in paragraph (b)(iii) delete "exploration; and" and insert:
19

20               exploration in the first year of the term of the licence;
21               and
22

23         (d)   in paragraph (b)(iv) delete "applicant;" and insert:
24

25               applicant in the first year of the term of the licence;
26




                                                                        page 3
     Mining Amendment (Procedures and Validation) Bill 2018
     Part 2       Mining Act 1978 amended

     s. 6



1    6.       Section 59 amended
2             Delete section 59(5) and insert:
3

4             (5)   The warden must as soon as practicable after the
5                   hearing of the application forward to the Minister for
6                   the Minister's consideration a report which
7                   recommends the grant or refusal of the exploration
8                   licence and sets out the reasons for that
9                   recommendation.
10


11   7.       Section 70D amended
12            Delete section 70D(5) and insert:
13

14            (5)   The warden must as soon as practicable after the
15                  hearing of the application forward to the Minister for
16                  the Minister's consideration a report which
17                  recommends the grant or refusal of the retention
18                  licence and sets out the reasons for that
19                  recommendation.
20


21   8.       Section 70O amended
22            In section 70O in the definition of relevant mining proposal
23            delete paragraph (a) and insert:
24

25                    (a)   a mining proposal lodged in respect of the
26                          application for the mining lease; or
27




     page 4
                          Mining Amendment (Procedures and Validation) Bill 2018
                                       Mining Act 1978 amended            Part 2

                                                                                   s. 9



1    9.           Section 74 amended
2         (1)     Delete section 74(1)(ca).
3         (2)     Delete section 74(1AA) and insert:
4

5               (1AA) An application for a mining lease is not to be dealt with
6                     or be determined under section 75 (except under
7                     section 75(1B)) unless the applicant has lodged in
8                     respect of the application within the prescribed time
9                     and in the prescribed manner --
10                      (a) a mining proposal; or
11                      (b) a statement in accordance with subsection (1a)
12                            and a mineralisation report; or
13                      (c) a statement in accordance with subsection (1a)
14                            and a resource report.
15              (1AB) Subsection (1AA) does not prevent a notice of
16                    objection to the granting of the application from being
17                    lodged before the lodgment of a document or
18                    documents as referred to in that subsection.
19

20        (3)     In section 74(1a):
21                  (a) delete "subsection (1)(ca)(ii) and (iii)" and insert:
22

23                        subsection (1AA)(b) and (c)
24

25                  (b)   delete paragraph (c) and insert:
26

27                        (c)   the location of those mining operations and the
28                              location and area of land that is likely to be
29                              required for any infrastructure associated with
30                              those mining operations.
31




                                                                                page 5
     Mining Amendment (Procedures and Validation) Bill 2018
     Part 2       Mining Act 1978 amended

     s. 9



1       (4)   Delete section 74(5)(a) and insert:
2

3                     (a)   any document referred to in subsection (1AA)
4                           that is lodged in respect of the application; and
5

6       (5)   In section 74(7) delete the definition of JORC Code.
7       (6)   In section 74(7) insert in alphabetical order:
8

9                    ASX means Australian Securities Exchange Limited;
10                   current JORC Code means the Australasian Code for
11                   Reporting of Exploration Results, Mineral Resources
12                   and Ore Reserves prepared by the Joint Ore Reserves
13                   Committee of the Australasian Institute of Mining and
14                   Metallurgy, the Australian Institute of Geoscientists
15                   and the Minerals Council of Australia in the form most
16                   recently adopted by ASX before the application is
17                   made;
18

19      (7)   In section 74(7) in the definition of mineralisation report after
20            "a report" insert:
21

22            prepared by a qualified person
23

24      (8)   In section 74(7) in the definition of resource report:
25              (a) in paragraph (b) before "JORC Code" insert:
26

27                    current
28

29             (b)    delete paragraph (c) and insert:
30

31                    (c)   that has been given to ASX.
32



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                          Mining Amendment (Procedures and Validation) Bill 2018
                                       Mining Act 1978 amended            Part 2

                                                                                 s. 10



1    10.          Section 74A amended
2          (1)    Delete section 74A(1), (2), (3) and (4) and insert:
3

4                 (1)   If the documents referred to in section 74(1AA)(b) are
5                       lodged in respect of an application for a mining lease,
6                       the Director, Geological Survey must prepare a report
7                       as to whether or not there is significant mineralisation
8                       in, on or under the land to which the application
9                       relates.
10                (2)   For the purposes of preparing the report, the Director,
11                      Geological Survey may request the applicant to provide
12                      further information in relation to matters dealt with in
13                      the documents referred to in section 74(1AA)(b) and
14                      the applicant must provide that information within the
15                      prescribed time.
16                (3)   The report must be based solely on information
17                      contained in the documents referred to in
18                      section 74(1AA)(b) and any further information
19                      provided by the applicant in response to a request
20                      under subsection (2).
21                (4)   If the report is needed by the mining registrar or the
22                      warden in order to perform functions under section 75,
23                      the Director, Geological Survey must cause a copy of
24                      the report to be given to the mining registrar or the
25                      warden, as the case may be.
26               (4A)   If the report states that there is no significant
27                      mineralisation in, on or under the land to which the
28                      application relates, the Director, Geological Survey
29                      must cause a copy of the report to be given to the
30                      Minister.
31

32         (2)    Delete section 74A(7).



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     Mining Amendment (Procedures and Validation) Bill 2018
     Part 2       Mining Act 1978 amended

     s. 11



1    11.           Section 75 amended
2          (1)     Before section 75(1) insert:
3

4                (1AA) This section is about how an application for a mining
5                      lease (the application) is dealt with and is determined.
6

7          (2)     In section 75(1) delete "an application for a mining lease shall"
8                  and insert:
9

10                 the application must
11

12         (3)     After section 75(1a) insert:
13

14                (1B)   If compliant information is not lodged in respect of the
15                       application within the compliance time, the mining
16                       registrar must refuse the application.
17

18         (4)     Delete section 75(2) and (2a) and insert:
19

20                 (2)   Subject to subsection (2A), if compliant information is
21                       lodged in respect of the application within the
22                       compliance time and no notice of objection is lodged
23                       within the objection time, or any notice of objection is
24                       withdrawn, the mining registrar must, unless
25                       subsection (3A)(b)(ii) applies, forward to the Minister
26                       a report which recommends the grant or refusal of the
27                       mining lease and sets out the reasons for that
28                       recommendation.
29                (2A)   If the compliant information lodged in respect of the
30                       application consists of or includes the documents
31                       referred to in section 74(1AA)(b), the mining registrar


     page 8
                    Mining Amendment (Procedures and Validation) Bill 2018
                                 Mining Act 1978 amended            Part 2

                                                                           s. 11



1                 must not forward a report under subsection (2)
2                 unless --
3                   (a) the mining registrar has received a copy of the
4                        section 74A report in relation to the application;
5                        and
6                  (b) the section 74A report states that there is
7                        significant mineralisation in, on or under the
8                        land to which the application relates.
9          (2B)   If subsection (2A) applies and the mining registrar
10                forwards a report under subsection (2), the mining
11                registrar must also forward to the Minister a copy of
12                the section 74A report in relation to the application.
13

14   (5)    Delete section 75(4), (4a) and (5) and insert:
15

16         (3A)   Subsection (4) applies to the application if --
17                 (a) compliant information is lodged in respect of
18                       the application within the compliance time; and
19                 (b) a notice of objection --
20                          (i) is lodged within the objection time; or
21                         (ii) is not lodged within the objection time
22                               but is lodged before the mining registrar
23                               has forwarded a report to the Minister
24                               under subsection (2) and the warden is
25                               satisfied that there are reasonable
26                               grounds for late lodgment;
27                       and
28                 (c) the notice of objection is not withdrawn.
29          (4)   Subject to subsection (4A), if this subsection applies to
30                the application the warden must hear the application on
31                a day appointed by the warden and may give any



                                                                       page 9
     Mining Amendment (Procedures and Validation) Bill 2018
     Part 2       Mining Act 1978 amended

     s. 11



1                    person who has lodged a notice of objection an
2                    opportunity to be heard.
3             (4A)   If the compliant information lodged in respect of the
4                    application consists of or includes the documents
5                    referred to in section 74(1AA)(b), the warden must not
6                    hear the application unless --
7                      (a) the warden has received a copy of the
8                             section 74A report in relation to the application;
9                             and
10                     (b) the section 74A report states that there is
11                            significant mineralisation in, on or under the
12                            land to which the application relates.
13             (5)   The warden must as soon as practicable after the
14                   hearing of the application forward to the Minister for
15                   the Minister's consideration --
16                     (a) a report which recommends the grant or refusal
17                          of the mining lease and sets out the reasons for
18                          that recommendation; and
19                     (b) if subsection (4A) applies, a copy of the
20                          section 74A report in relation to the application.
21

22      (6)    In section 75(6) after "a report" insert:
23

24             or reports
25

26      (7)    In section 75(7) delete "In the case of an application for a
27             mining lease" and insert:
28

29             If the application is
30




     page 10
                      Mining Amendment (Procedures and Validation) Bill 2018
                                   Mining Act 1978 amended            Part 2

                                                                                s. 11



1     (8)    Delete section 75(8) and insert:
2

3            (8)    If the compliant information lodged in respect of the
4                   application consists of or includes the documents
5                   referred to in section 74(1AA)(b), the Minister must
6                   refuse to grant the mining lease if the section 74A
7                   report states that there is no significant mineralisation
8                   in, on or under the land to which the application
9                   relates.
10

11    (9)    In section 75(9):
12             (a) delete "an application for a mining lease" and insert:
13

14                   the application
15

16            (b)    delete "that" and insert;
17

18                   the
19

20   (10)    Delete section 75(10) and insert:
21

22          (10)    The power in section 162B(1) to extend the compliance
23                  time may only be exercised by the Minister.
24          (11)    In this section --
25                  compliance time means the time prescribed under
26                  section 74(1AA) for lodging compliant information or,
27                  if that time is extended under section 162B, that time as
28                  so extended;
29                  compliant information means --
30                     (a) the document referred to in section 74(1AA)(a);
31                            or



                                                                          page 11
     Mining Amendment (Procedures and Validation) Bill 2018
     Part 2       Mining Act 1978 amended

     s. 12



1                        (b)    the documents referred to in
2                               section 74(1AA)(b); or
3                         (c) the documents referred to in
4                               section 74(1AA)(c);
5                       objection time means the time prescribed under
6                       subsection (1) for lodging a notice of objection or, if
7                       that time is extended under section 162B, that time as
8                       so extended;
9                       section 74A report means the report prepared if and as
10                      required under section 74A(1).
11


12   12.          Section 82A amended
13         (1)    Before section 82A(1) insert:
14

15               (1A)   In this section --
16                      mineralisation report and resource report have the
17                      meanings given in section 74(7).
18

19         (2)    Delete section 82A(1)(b) and insert:
20

21                       (b)   the following were lodged in respect of the
22                             application for the mining lease --
23                                (i) a statement in accordance with
24                                     section 74(1a), as in force at the time of
25                                     the application; and
26                               (ii) a mineralisation report or a resource
27                                     report.
28




     page 12
                         Mining Amendment (Procedures and Validation) Bill 2018
                                      Mining Act 1978 amended            Part 2

                                                                                 s. 13



1    13.         Section 84AA amended
2                In section 84AA(1)(a) delete "accompanied the application for
3                the mining lease under section 74(1)(ca)," and insert:
4

5                was lodged under section 74 in respect of the application for the
6                mining lease,
7


8    14.         Section 90 amended
9                Delete section 90(2)(b) and insert:
10

11                      (b)   in subsection (1AA)(b) "and a mineralisation
12                            report" was deleted.
13


14   15.         Section 97A amended
15         (1)   Delete section 97A(7)(b) and insert:
16

17                      (b)   in any other case, must as soon as practicable
18                            after the hearing of the application transmit to
19                            the Minister for the Minister's consideration a
20                            report which recommends the grant or refusal
21                            of the application together with the warden's
22                            reasons for the recommendation.
23

24         (2)   In section 97A(8) delete "notes of evidence and any maps or
25               documents transmitted to him" and insert:
26

27               a report transmitted
28


29   16.         Section 98 amended
30               In section 98(6) delete "the notes of evidence, with".

                                                                           page 13
     Mining Amendment (Procedures and Validation) Bill 2018
     Part 2       Mining Act 1978 amended

     s. 17



1    17.       Section 102 amended
2              Delete section 102(6) and insert:
3

4              (6)   The warden must as soon as practicable after the
5                    hearing of the application transmit to the Minister for
6                    the Minister's consideration a report which
7                    recommends the grant or refusal of the application and
8                    sets out the reasons for that recommendation.
9


10   18.       Section 125B inserted
11             After section 125A insert:
12

13           125B.   Compensation not affected by Part X
14                   The insertion of Part X by the Mining Amendment
15                   (Procedures and Validation) Act 2018 section 21 does
16                   not --
17                     (a) give rise to any entitlement to compensation
18                          that did not exist before the coming into
19                          operation of that section; or
20                     (b) derogate from any entitlement to compensation
21                          that existed before the coming into operation of
22                          that section.
23

24   19.       Section 162B amended
25             After section 162B(2) insert:
26

27             (3)   The regulations may regulate --
28                    (a) applications for the extension of prescribed
29                          periods or prescribed times;
30                    (b) the exercise of the power in subsection (1).
31


     page 14
                          Mining Amendment (Procedures and Validation) Bill 2018
                                       Mining Act 1978 amended            Part 2

                                                                               s. 20



1    20.          Section 162 amended
2          (1)    After section 162(2)(ba) insert:
3

4                       (bb)   providing when an amount or fee submitted in
5                              respect of an application lodged under this Act,
6                              or an instrument lodged for registration under
7                              this Act, is taken to have been received for the
8                              purposes of this Act;
9

10         (2)    Delete section 162(2)(x) and insert:
11

12                       (x)   authorise and regulate the copying, storage,
13                             making available for public inspection, release,
14                             publication and dissemination of information
15                             contained in a mining tenement document;
16

17         (3)    Delete section 162(2a) and (3A) and insert:
18

19               (2A)   Subsection (2)(x) applies to information irrespective of
20                      when the mining tenement document was made,
21                      lodged, given or provided (as the case may be).
22               (2B)   In subsections (2) and (2A) --
23                      mining tenement document means any of the
24                      following --
25                        (a) an application for or in respect of a mining
26                             tenement or a document that accompanies, or is
27                             lodged or furnished in respect of, the
28                             application;
29                        (b) an agreement, claim, report, notice of objection,
30                             security, caveat or other document in respect of
31                             a mining tenement;




                                                                           page 15
     Mining Amendment (Procedures and Validation) Bill 2018
     Part 2       Mining Act 1978 amended

     s. 21



1                      (c)   a document containing any other information
2                            supplied under this Act to the Minister, a
3                            warden or any official of the Department.
4


5    21.       Part X inserted
6              After section 163 insert:
7

8                             Part X -- Validation
9            164.    Terms used
10             (1)   In this Part --
11                   amendment of a mining tenement means --
12                     (a) the amendment of the land the subject of a
13                            mining tenement to include private land; or
14                     (b) the amalgamation of a mining tenement with
15                            another mining tenement or with a mining
16                            tenement that has been surrendered or forfeited
17                            or has expired; or
18                     (c) the surrender of a mining tenement;
19                   applicable laws means --
20                     (a) this Act and the regulations if and as they were
21                            in force when an application for the grant,
22                            amendment or renewal of a mining tenement
23                            was lodged; or
24                     (b) the repealed Act, and the regulations under it, if
25                            and as they were in force when an application
26                            for the grant, amendment or renewal of a
27                            mining tenement was lodged or deemed to have
28                            been lodged;
29                   commencement means the coming into operation of
30                   the Mining Amendment (Procedures and Validation)
31                   Act 2018 section 21;
32                   complied with includes observed and conformed to;

     page 16
             Mining Amendment (Procedures and Validation) Bill 2018
                          Mining Act 1978 amended            Part 2

                                                                      s. 21



1          hearing means the substantive hearing by the warden
2          of proceedings relating to an application for the grant,
3          amendment or renewal of a mining tenement in relation
4          to which an objection has been lodged;
5          lodged means --
6            (a) lodged with a warden; or
7            (b) lodged or filed with, or at the office of, a
8                 mining registrar; or
9            (c) lodged with the Department electronically
10                whether by means of the Department's website
11                or otherwise;
12         prescribed requirements means the requirements of the
13         applicable laws as to --
14           (a) an application for the grant, amendment or
15                renewal of a mining tenement; and
16           (b) the determination of an application for the
17                grant, amendment or renewal of a mining
18                tenement including any jurisdictional
19                requirements and requirements to be complied
20                with in relation to the performance of functions;
21         renewal of a mining tenement includes --
22           (a) the further renewal of a mining tenement; and
23           (b) the restoration of a mining tenement; and
24           (c) the extension of the term of a mining tenement;
25                and
26           (d) the approval of retention status for land the
27                subject of a mining tenement;
28         requirement includes an obligation and a condition.
29   (2)   In this Part --
30           (a) a reference to an application for the grant,
31                  amendment or renewal of a mining tenement
32                  includes a reference to a purported application


                                                               page 17
     Mining Amendment (Procedures and Validation) Bill 2018
     Part 2       Mining Act 1978 amended

     s. 21



1                           for the grant, amendment or renewal of a
2                           mining tenement; and
3                     (b)   a reference to the grant, amendment or renewal
4                           of a mining tenement includes a reference to
5                           the purported grant, amendment or renewal of a
6                           mining tenement; and
7                     (c)   a reference to the surrender of a mining
8                           tenement includes a reference to the surrender
9                           of land the subject of a mining tenement; and
10                    (d)   a reference to an application for the amendment
11                          of a mining tenement is, in the case of the
12                          surrender of a mining tenement, a reference to
13                          the lodgment of the surrender; and
14                    (e)   a reference to the determination of an
15                          application for the amendment of a mining
16                          tenement is, in the case of the surrender of a
17                          mining tenement, a reference to the registration
18                          of the surrender.

19           165.    Pending applications
20             (1)   Subject to this section, an application for the grant,
21                   amendment or renewal of a mining tenement lodged
22                   before the commencement can be dealt with and be
23                   determined after the commencement as if the
24                   prescribed requirements had been complied with.
25             (2)   The prescribed application fee, if any, required for the
26                   application must be paid --
27                     (a) in the case of an application for the grant of a
28                           mining tenement --
29                             (i) if there is a hearing -- before the
30                                 commencement of that hearing; or
31                            (ii) if there is not a hearing -- before the
32                                 grant of the mining tenement;



     page 18
             Mining Amendment (Procedures and Validation) Bill 2018
                          Mining Act 1978 amended            Part 2

                                                                   s. 21



1           (b)    in the case of an application for the amendment
2                  or renewal of a mining tenement --
3                     (i) if there is a hearing -- before the
4                          commencement of that hearing; or
5                    (ii) if there is not a hearing -- before the
6                          determination of the application.
7    (3)   Subsection (1) does not apply to the extent, if any, that
8          the application is for the grant of a mining tenement in
9          respect of private land if --
10           (a) under this Act the grant of the mining tenement
11                 requires the consent in writing of the owner and
12                 the occupier of the private land concerned; and
13           (b) those consents have not been given.
14   (4)   Subsection (1) does not apply to the extent, if any, that
15         the application is for the amendment of the land the
16         subject of a mining tenement to include private land
17         if --
18            (a) under this Act the amendment requires the
19                 consent in writing of the owner and the
20                 occupier of the private land concerned; and
21           (b) those consents have not been given.
22   (5)   Subsection (1) does not apply to an application if,
23         before or after the commencement, the application has
24         been marked in the register as being invalid.
25   (6)   An authorised officer, as defined in section 103A, has
26         power, and is taken to have always had power, to mark
27         in the register as being invalid an application assessed
28         by the Department as not being in compliance with the
29         requirements of the applicable laws as to the
30         application.




                                                                page 19
     Mining Amendment (Procedures and Validation) Bill 2018
     Part 2       Mining Act 1978 amended

     s. 21



1            166.    Validation of grant, amendment or renewal of
2                    mining tenements and related actions
3              (1)   Subject to this section, subsection (2) applies to the
4                    following --
5                      (a) the grant, amendment or renewal of a mining
6                           tenement before the commencement;
7                      (b) the grant, amendment or renewal of a mining
8                           tenement after the commencement if --
9                              (i) the application for the grant, amendment
10                                   or renewal is dealt with and is
11                                   determined under section 165(1); and
12                            (ii) section 165(2) is complied with.
13             (2)   If an application for the grant, amendment or renewal
14                   of a mining tenement was lodged and the prescribed
15                   application fee, if any, required for the application was
16                   paid before the relevant event, the following are taken
17                   to be, and to have always been, valid and effective to
18                   the same extent as they would have been if the
19                   prescribed requirements had been complied with --
20                     (a) the grant, amendment or renewal of the mining
21                           tenement;
22                     (b) anything done or purportedly done under the
23                           mining tenement or in relation to the mining
24                           tenement.
25             (3)   For the purposes of subsection (2) the relevant event
26                   is --
27                     (a) in relation to the grant of a mining tenement --
28                             (i) if there was a hearing -- the
29                                  commencement of that hearing; or
30                            (ii) if there was not a hearing -- the grant of
31                                  the mining tenement;



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             Mining Amendment (Procedures and Validation) Bill 2018
                          Mining Act 1978 amended            Part 2

                                                                   s. 21



1           (b)   in relation to the amendment or renewal of a
2                 mining tenement --
3                    (i) if there was a hearing -- the
4                          commencement of that hearing; or
5                   (ii) if there was not a hearing -- the
6                          determination of the application.
7    (4)   Where the grant, amendment or renewal of a mining
8          tenement took place before the commencement,
9          subsection (2)(b) applies to anything done or
10         purportedly done before or after the commencement.
11   (5)   Subsection (2) does not apply to the extent, if any, that
12         the mining tenement was granted in respect of private
13         land if --
14           (a) under this Act the grant of the mining tenement
15                 required the consent in writing of the owner
16                 and the occupier of the private land concerned;
17                 and
18           (b) those consents were not given.
19   (6)   Subsection (2) does not apply to the extent, if any, that
20         the land the subject of a mining tenement was amended
21         to include private land if --
22           (a) under this Act the amendment required the
23                 consent in writing of the owner and the
24                 occupier of the private land concerned; and
25           (b) those consents were not given.
26   (7)   Subsection (2) does not apply where a mining tenement
27         was amalgamated with a mining tenement that had
28         been forfeited if --
29           (a) an application for the restoration of the
30                forfeited mining tenement was made before the
31                application to amalgamate was granted; and



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    Mining Amendment (Procedures and Validation) Bill 2018
    Part 2       Mining Act 1978 amended

    s. 21



1                    (b)   the application for the restoration of the
2                          forfeited mining tenement was granted.
3             (8)   Subsection (2) does not affect the operation of the
4                   condition imposed on the grant of a mining tenement
5                   by section 105B.
6




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                     Mining Amendment (Procedures and Validation) Bill 2018
               Mining Legislation Amendment Act 2014 amended         Part 3

                                                                      s. 22



1         Part 3 -- Mining Legislation Amendment Act 2014
2                           amended
3   22.      Act amended
4            This Part amends the Mining Legislation Amendment Act 2014.

5   23.      Sections 4 to 7 deleted
6            Delete sections 4, 5, 6 and 7.

7




                                                                   page 23

 


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