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


MINING LEGISLATION AMENDMENT AND VALIDATION BILL 2007

                      Western Australia


Mining Legislation Amendment and Validation
                  Bill 2007

                        CONTENTS


        Part 1 -- Preliminary
  1.    Short title                                       2
  2.    Commencement                                      2
  3.    Terms used in this Act                            2
        Part 2 -- Provisions relating to
             exploration licences
        Division 1 -- Mining Amendment Act 2004
              amended
  4.    The Act amended                                   3
  5.    Section 19 amended                                3
        Division 2 -- Validation and pending
              applications
  6.    Validation of extension of term of certain
        exploration licences                              4
  7.    Pending applications for extension of term        4
        Part 3 -- Provisions relating to
             miscellaneous licences
  8.    Validation of grant of certain miscellaneous
        licences                                          5
  9.    Pending applications for miscellaneous licence    5




                          232--1                          page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY



Mining Legislation Amendment and Validation
                  Bill 2007


                               A Bill for


An Act to --
•  amend the Mining Amendment Act 2004; and
•  validate the extension of the term of certain exploration licences
  under the Mining Act 1978; and
•  validate the grant of certain miscellaneous licences under that Act,
and to make related provisions.



The Parliament of Western Australia enacts as follows:




                                                                page 1
     Mining Legislation Amendment and Validation Bill 2007
     Part 1          Preliminary

     s. 1



                              Part 1 -- Preliminary
     1.         Short title
                This is the Mining Legislation Amendment and Validation
                Act 2007.

 5   2.         Commencement
                This Act comes into operation as follows:
                 (a) sections 1 and 2 -- on the day on which this Act
                       receives the Royal Assent ("assent day");
                 (b) section 3 and Part 2 -- on the day after assent day;
10               (c) the rest of the Act -- on a day fixed by proclamation,
                       and different days may be fixed for different provisions.

     3.         Terms used in this Act
          (1)   In this Act, unless the contrary intention appears --
                "miscellaneous licence" means a miscellaneous licence under
15                   the Mining Act 1978;
                "relevant licence" has the meaning given to that term in the
                     Mining Amendment Act 2004 section 19(1).
          (2)   If a term used in this Act is given a meaning in the Mining
                Act 1978 section 8, the term has the same meaning in this Act.




     page 2
                               Mining Legislation Amendment and Validation Bill 2007
                                Provisions relating to exploration licences     Part 2
                                  Mining Amendment Act 2004 amended         Division 1
                                                                                   s. 4



          Part 2 -- Provisions relating to exploration licences
                Division 1 -- Mining Amendment Act 2004 amended
     4.              The Act amended
                     The amendments in this Division are to the Mining Amendment
 5                   Act 2004.

     5.              Section 19 amended
          (1)        Section 19(2) is amended as follows:
                       (a) by inserting after "sections" --
                            " 61(3), ";
10                    (b) by inserting after "65(1a)" --
                            " , 65(1c) ".
          (2)        After section 19(2) the following subsection is inserted --
                "
                    (2a)    Section 61(3) and (3a) of the Mining Act 1978 apply to
15                          and in relation to an application for the extension of the
                            term of a relevant licence.
                                                                                          ".
          (3)        After section 19(6) the following subsection is inserted --
                "
20                   (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 --
25                         "
                              (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;
30                                                                                   ".
                                                                                          ".

                                                                                   page 3
     Mining Legislation Amendment and Validation Bill 2007
     Part 2          Provisions relating to exploration licences
     Division 2      Validation and pending applications
     s. 6



              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,
 5            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,
10            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 --
15              (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,
20            the application is to be dealt with and determined as if it had
              been lodged at the office of the mining registrar.




     page 4
                     Mining Legislation Amendment and Validation Bill 2007
                   Provisions relating to miscellaneous licences    Part 3

                                                                          s. 8



     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
 5         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
10         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 --
15           (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,
20         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).




 


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