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


MINING AMENDMENT BILL 2000

                           Western Australia


                      LEGISLATIVE COUNCIL



              Mining Amendment Bill 2000


                               A Bill for


An Act to amend the Mining Act 1978.



The Parliament of Western Australia enacts as follows:


1.      Short title
        This Act may be cited as the Mining Amendment Act 2000.




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     Mining Amendment Bill 2000



     s. 2




     2.       Commencement
              This Act comes into operation on a day fixed by proclamation.

     3.       The Act amended
              The amendments in this Act are to the Mining Act 1978*.
5             [* Reprinted as at 26 July 1999.
                 For subsequent amendments see Acts Nos. 42 and 60 of
                 1999.]

     4.       Section 20 amended
              Section 20(2)(b) is amended by deleting "on Crown land (not
10            being Crown land that is the subject of a mining tenement) for"
              and inserting instead --
                     "
                           on --
                              (i) Crown land that is not the subject of a
15                                mining tenement; or
                             (ii) Crown land that is the subject of an
                                  exploration licence if the holder of the
                                  Miner's Right holds a permit to do so
                                  under section 20A,
20                         for
                                                                              ".

     5.       Sections 20A, 20B and 20C inserted
              After section 20 the following sections are inserted --
     "
25          20A.    Permit to prospect on Crown land the subject of an
                    exploration licence
              (1)   The mining registrar or the holder of a prescribed
                    office in the Department may issue a permit to prospect


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                                                                      s. 5



           for minerals on Crown land that is the subject of an
           exploration licence to --
             (a) a natural person who is the holder of a Miner's
                  Right; or
5            (b) 2 or 3 natural persons, each of whom is the
                  holder of a Miner's Right, as joint holders of
                  the permit.
     (2)   A permit cannot be issued under subsection (1) if the
           applicant for the permit is already the holder of a
10         permit under this section in respect of the exploration
           licence to which his or her application relates.
     (3)   An application for a permit --
            (a) shall be made in the prescribed form;
            (b) shall be lodged at the office of the mining
15                registrar or the principal office of the
                  Department at Perth; and
            (c) shall be accompanied by the prescribed
                  application fee (if any).
     (4)   The area of land in respect of which a permit is issued
20         is to be specified in the permit in the prescribed
           manner.
     (5)   A permit is subject to such conditions as are imposed
           in accordance with the regulations and specified in the
           permit.
25   (6)   In addition to any conditions that may be imposed
           under subsection (5) every permit is to be regarded as
           having been issued subject to conditions that the holder
           or each holder (in the case of joint holders) --
             (a) shall not use explosives or tools, other than
30                 hand tools, on the land the subject of the
                   permit;
             (b) shall not prospect below the prescribed depth;

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     Mining Amendment Bill 2000



     s. 5



                      (c)   shall comply with the prescribed limits referred
                            to in section 20(2)(c);
                     (d)    shall not prospect within 100 metres of any
                            activities that are being carried out under the
5                           authority of an exploration licence; and
                      (e)   shall not prospect on land that is the subject of
                            a special prospecting licence under section 70.
              (7)   A permit is not transferable.
            20B.    Power to remove Crown land from the operation of
10                  section 20A
              (1)   The Minister may, by notice published in the Gazette,
                    declare that section 20A does not apply to Crown land
                    that is --
                      (a) the subject of a specified exploration licence;
15                    (b) in a specified block (within the meaning of
                            Division 2 of Part IV); or
                      (c) in a specified area of the State.
              (2)   The Minister may, by notice published in the Gazette,
                    vary or cancel a notice under subsection (1).
20            (3)   A notice under this section takes effect on the day on
                    which the notice is published in the Gazette or such
                    later day as is specified in the notice.
              (4)   A notice under this section does not affect the
                    operation of a permit issued under section 20A before
25                  the day on which the notice takes effect.
            20C.    Limitation on actions in tort
              (1)   The holder of a permit cannot bring an action in tort
                    against the holder of an exploration licence for injury,
                    loss or damage suffered by the holder of the permit as a
30                  result of --
                      (a) the condition of the permit land; or

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                                                                                       s. 6



                              (b)   a thing that the holder of the exploration licence
                                    has done on the permit land under the authority
                                    of that licence.
                    (2)     Nothing in subsection (1)(b) prevents the bringing of
5                           an action in tort if the thing was done --
                              (a) with the deliberate intent of causing injury, loss
                                    or damage to the holder of the permit; or
                              (b) with reckless disregard for the presence of the
                                    holder of the permit on the permit land.
10                  (3)     In this section a reference to the doing of a thing
                            includes a reference to an omission to do a thing.
                    (4)     In this section --
                            "permit" means a permit under section 20A;
                            "permit land" means land that is the subject of both
15                               the permit and the exploration licence concerned.
                                                                                         ".

     6.             Section 156 amended
          (1)       Section 156 is amended by inserting before "A person" the
                    subsection designation "(1)".
20        (2)       At the end of section 156 the following subsection is inserted --
                "
                    (2)     Subsection (1)(a) does not apply to a person who
                            removes a mineral in the exercise of the authorisation
                            conferred by section 20(2)(c).
25                                                                                       ".

     7.             Section 160 amended
                    Section 160(1) is amended by deleting "Nothing" and inserting
                    instead --
                    "     Subject to section 20C, nothing    ".


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     s. 8



     8.       Section 162 amended
              After section 162(2)(ca) the following paragraph is inserted --
                  "
                      (cb)   provide for any matter relating to permits under
5                            section 20A, including without limitation --
                                (i) the persons or class of persons to whom
                                    notice of the issue of permits is to be
                                    given;
                               (ii) the operation, duration and surrender of
10                                  permits;
                              (iii) the maximum number of permits that
                                    may be in force at any time in respect of
                                    an exploration licence;
                              (iv) the conditions that may be imposed on
15                                  permits and the variation or cancellation
                                    of such conditions;
                               (v) the powers of the Minister, in cases of
                                    breach of conditions referred to in
                                    section 20A(5) or (6) or in other
20                                  prescribed circumstances --
                                        (I) to impose on holders of permits
                                             monetary penalties not
                                             exceeding the prescribed
                                             amount;
25                                     (II) to cancel permits; or
                                      (III) to disqualify holders of permits
                                             from again holding or applying
                                             for permits for such period not
                                             exceeding the prescribed period
30                                           as the Minister thinks fit;
                              (vi) the procedure to be followed before the
                                    exercise of a power referred to in
                                    subparagraph (v);

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                                                        s. 8



    (vii)    the recovery of penalties referred to in
             subparagraph (v)(I);
    (viii)   the prohibition of the use of hand tools
             of a prescribed kind;
5    (ix)    the reporting of minerals recovered by
             the holders of permits; and
      (x)    the issuing of guidelines in relation to
             the operation of the permit system;
                                                         ".




 


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