Mining Act 1978 (WA)

Western Australia Mining Act 1978 Western Australia Mining Act 1978 Contents Part I — Preliminary 1. Short title 1 2. Commencement 1 4. Transitional provisions 1 5. Saving 1 6. Operation of this Act 1 8. Terms used 1 8A. Rights in respect of oil shale or coal 1 9. Gold, silver and other precious metals property of Crown 1 9A. Effect of change of baseline 1 9B. Position on Earth's surface 1 Part II — Administration, mineral fields and courts 10. Administration of Act 1 11. Chief executive officer and other officers 1 12. Delegation 1 13. Wardens of mines, mining registrar 1 15. Prohibition from adjudicating in certain matters or from using certain information 1 16. Constitution of mineral fields and dealings with Crown land in them 1 17. Designated tenement contact 1 Part III — Land open for mining Division 1 — Crown land 18. Crown land open for mining 1 19. Minister may exempt land from mining etc. 1 20. Protection of certain Crown land 1 21. Power to resume land 1 22. Effect of resumption 1 Division 2 — Public reserves, etc. and Commonwealth land 23. Mining on public reserves etc. and Commonwealth land 1 24. Classification of reserves 1 24A. Mining in marine reserves 1 25. Mining on foreshore, sea bed, navigable waters or townsite 1 25A. Mining on Commonwealth land 1 26. Terms and conditions 1 26A. Mining tenements within townsites 1 Division 3 — Private land 27. Private land open for mining 1 28. Unlawful entry on private land 1 29. Granting of mining tenements in respect of private land 1 30. Granting of permits in respect of private land 1 31. Holder of permit to give notice to owner and occupier 1 32. Rights conferred by a permit 1 33. Application for mining tenement by permit holder 1 35. Compensation to be agreed upon or determined before mining operation commences 1 37. Application to bring certain private land under this Division 1 38. Right of owner to apply for mining tenement 1 39. Owner to comply with mining tenement conditions 1 Part IIIA — Miner's rights and related permits 40A. Terms used 1 40B. Conservation land 1 40C. Issue of miner's right 1 40D. Authorisation under miner's right 1 40E. Permit to prospect on Crown land or conservation land subject of exploration licence 1 40F. Power to remove Crown land or conservation land from operation of s. 40E 1 40G. Limitation on actions in tort 1 Part IV — Mining tenements Division 1 — Prospecting licence 40. Grant of prospecting licence 1 41. Application for prospecting licence 1 42. Determination of application for prospecting licence 1 43. Prospecting licence not to include land already subject of mining tenement 1 44. Power to grant prospecting licence over all or part of land in application 1 45. Term of prospecting licence 1 46. Conditions attached to every prospecting licence 1 46A. Conditions for prevention or reduction of injury to land 1 47. Survey of area of prospecting licence not required in first instance 1 48. Rights conferred by prospecting licence 1 49. Holder of prospecting licence to have priority for grant of mining leases or general purpose leases 1 50. Compliance with expenditure conditions 1 51. Reports of work and expenditure 1 51A. Geological samples 1 52. Security relating to prospecting licence 1 53. Application for retention status 1 54. Approval of retention status 1 55. Consultation with other Ministers 1 55A. Programme of work 1 55B. Holder of prospecting licence with retention status may be required to apply for mining lease 1 56. Appeal against refusal to grant prospecting licence 1 56A. Special prospecting licences 1 56B. Certain licence holders to have right to apply for further prospecting licence 1 Division 2 — Exploration licence 56C. Graticular sections 1 57. Grant of exploration licence 1 57A. Designation of areas for purposes of s. 57(2aa) 1 58. Application for exploration licence 1 59. Determination of application for exploration licence 1 60. Security relating to exploration licence 1 61. Term of exploration licence 1 62. Expenditure conditions 1 63. Condition attached to exploration licence 1 63AA. Conditions for prevention or reduction of injury to land 1 63A. When exploration licence liable to forfeiture 1 64. Consent to dealing in exploration licence 1 65. Surrender of certain areas subject to exploration licence 1 66. Rights conferred by exploration licence 1 67. Holder of exploration licence to have priority for grant of mining leases or general purpose leases 1 67A. Holder of exploration licence may apply to amalgamate secondary tenement 1 68. Holder of exploration licence to keep geological records 1 69. Land the subject of exploration licence not to be again marked out for a certain period 1 69A. Application for retention status 1 69B. Approval of retention status 1 69C. Consultation with other Ministers 1 69D. Programme of work 1 69E. Holder of exploration licence with retention status may be required to apply for mining lease 1 70. Special prospecting licence on an exploration licence 1 Division 2A — Retention licence 70A. Term used: primary tenement 1 70B. Grant of retention licence 1 70C. Application for retention licence 1 70D. Determination of application for retention licence 1 70E. Term of retention licence and renewal 1 70F. Security relating to retention licence 1 70G. Survey of area of retention licence not required in first instance 1 70H. Conditions attached to retention licence 1 70I. Conditions for prevention or reduction of injury to land 1 70IA. Programme of work 1 70J. Rights conferred by retention licence 1 70K. When retention licence liable to forfeiture 1 70L. Holder of retention licence to have priority for grant of mining lease or general purpose lease 1 70M. Holder of retention licence to show cause why mining lease should not be applied for 1 70N. Land subject of retention licence not to be again marked out for certain period 1 Division 3 — Mining lease 70O. Terms used 1 70P. Guidelines to be publicly available 1 71. Grant of mining lease 1 72. Person may be granted more than one mining lease 1 73. Area of mining lease may be less than area sought 1 74. Application for mining lease 1 74A. Report on significant mineralisation required for certain applications 1 75. Determination of application for mining lease 1 76. Priorities as to mining tenements 1 78. Term of leases, options and renewals 1 79. Approval of application 1 80. Surveys of mining leases 1 82. Covenants and conditions of lease 1 82A. Condition to be included in certain mining leases 1 83. Issue of mining leases 1 84AA. Review of mine closure plans 1 84. Conditions for prevention or reduction of injury to land 1 84A. Security relating to mining lease 1 85. Rights of holder of mining lease 1 85A. Land the subject of mining lease not to be again marked out for a certain period 1 85B. Special prospecting licence on a mining lease 1 Division 4 — General purpose lease 86. Grant of general purpose lease 1 87. Purposes for which general purpose lease may be granted 1 88. Term of general purpose lease 1 89. Form of general purpose lease 1 90. Application of certain provisions to general purpose leases 1 Division 5 — Miscellaneous licences 91. Grant of miscellaneous licence 1 91A. Term and renewal of existing licence or licence granted in respect of existing application 1 91B. Term and renewal of licence granted in respect of new application 1 92. Provisions applying to all miscellaneous licences 1 93. Map to accompany application 1 94. Terms and conditions 1 94A. Grant of mining tenement on land in a miscellaneous licence 1 94B. Surrender, forfeiture or expiry of concurrent tenement 1 Division 6 — Surrender and forfeiture of mining tenements 95. Surrender of mining tenement 1 95A. Exploration licence — surrender of part of block 1 96. Forfeiture of certain mining tenements 1 96A. Forfeiture of exploration licence or retention licence 1 97. Forfeiture of mining lease or general purpose lease 1 97A. Application for restoration of mining tenement after forfeiture 1 98. Application for forfeiture on other grounds 1 99. Proceedings by Minister on recommendation 1 100. Applicant to have priority for marking out and applying for surrendered or forfeited licence or lease 1 101. Application for forfeiture of mining tenement while holder is a company in process of winding up 1 Division 7 — Exemption from expenditure conditions 102. Exemption from expenditure conditions 1 102A. Exemption from expenditure conditions in respect of certain holders of exploration licences 1 103. Effect of exemption 1 Part IVA — Registration of instruments and register 103A. Terms used 1 103B. Authorised officers 1 103C. Registration 1 103D. Provisional lodgment 1 103EA. Memorial for unpaid tax 1 103E. Priority of dealings 1 103F. Register 1 103G. Amendment of register 1 103H. Regulations relating to register 1 Part V — General provisions relating to mining and mining tenements 104. Entry on land for purpose of marking out, surveying etc. 1 105. Marking out of mining tenement 1 105A. Priorities between applicants for certain tenements 1 105B. Grant of tenement subject to survey 1 106. Offence of destroying marks or obstructing surveyor etc. 1 107. Areas covered by water not required to be marked out 1 108. Rent payable for mining tenement 1 109. Royalties 1 109A. Verification of royalties payable 1 110. Mining lease restricted to certain minerals 1 111. Iron authorisations 1 111A. Minister may terminate or summarily refuse certain applications 1 112. Reservation in favour of Crown on prospecting licence or exploration licence to take rock etc. 1 113. Repossession of land on expiry, surrender or forfeiture of mining tenement 1 114. Removal of mining plant on expiry, surrender or forfeiture of mining tenement 1 114A. Rights conferred under mining tenement exercisable in respect of mining product belonging to Crown 1 114B. Continuation of liability after expiry, surrender or forfeiture of mining tenement 1 114C. Right to enter land to carry out remedial work after expiry, surrender or forfeiture of mining tenement 1 115. Power to enter on land for surveys 1 115A. Mineral exploration reports 1 115B. Verification of expenditure amounts in operations reports 1 116. Instrument of licence or lease 1 117. Mining tenements protected 1 118. Notice of application to be given to lessee of pastoral lease or diversification lease 1 118A. Tenement holder may authorise mining by third party 1 119. Mining tenement may be sold, encumbered etc. 1 119A. Mining tenement may be mortgaged 1 120. Planning schemes to be considered but not to derogate from this Act 1 120AA. Scheme for reversion licence applications 1 Part VI — Caveats 121. Terms used 1 122. Certain surrenders not affected by this Part 1 122A. Lodgment of caveats 1 122B. Provisional lodgment 1 122C. Caveats deemed to be lodged against later tenements 1 122D. Effect of caveat 1 122E. Duration of caveat 1 Part VII — Compensation 123. Compensation in respect of mining 1 124. Matters to be considered by warden's court in relation to compensation 1 125. Limitation on compensation 1 125A. Liability for payment of compensation to native title holders 1 126. Securities 1 Part VIII — Administration of justice 127. Establishment of wardens' courts 1 128. Warden's court to be court of record 1 129. Signing of process 1 130. Times for holding warden's court 1 131. Power of warden to act in absence of warden usually presiding 1 132. Jurisdiction of warden's court 1 133. Offences to be dealt with by magistrate 1 134. Powers of warden's court 1 135. Summary determination by warden by consent 1 136. Practice and procedure in warden's court 1 137. Records of evidence 1 138. Mode of trial 1 139. Contempt of court 1 140. Judgments, enforcement of 1 142. Informality and amendment 1 143. Grant of injunction affecting mining tenement to be notified 1 146. Reservation of questions of law: hearing and determination 1 147. Appeal to Supreme Court 1 148. Procedure on appeal 1 149. Power of Supreme Court on appeal 1 150. Withdrawal or failure to prosecute appeal 1 151. Limitation of right of appeal 1 Part IX — Miscellaneous and regulations 152. Police to assist warden 1 153. Minor capable of being sued and of suing 1 154. General penalty 1 154A. Liability of officers for offence by body corporate 1 155. Offence of mining without authority 1 155A. Aerial survey work 1 156. Offences 1 157. Obstruction of persons authorised to mine under this Act 1 158. Power to require information as to right to mine 1 159. Disputes between licensees and other persons 1 160. Saving of civil remedies 1 160AA. Authority to perform certain functions of LAA Minister under this Act 1 160A. Immunity of Minister, wardens and officials 1 160B. Time limit for prosecution action 1 160C. No right of appeal from certain decisions of warden, mining registrar or Minister 1 160D. Persons before whom affidavit may be sworn 1 161. Evidentiary provisions 1 162A. Certain things are not personal property for purposes of Personal Property Securities Act 2009 (Cwlth) 1 162B. Extension of prescribed period or time 1 162. Regulations 1 163. Review of Act 1 Second Schedule — Transitional provisions Division 1 — Provisions relating to transition from repealed Act 1. Continuation of certain temporary reserves and rights of occupancy 1 2. Certain gold mining leases, coal mining leases and mineral leases to become mining leases 1 3. Rights conferred on holders of certain mineral claims and dredging claims 1 4. Rights conferred on holders of certain miners' homestead leases, residential leases, residence areas, business areas and garden areas 1 5. Continuation of mining tenements held by virtue of miners' rights 1 6. Temporary continuation of certain machinery areas, tailings areas, quarrying areas and water rights 1 7. Continuation of certain licences 1 8. Disposal of pending applications for mining tenements 1 9. Rights of holders of certain prospecting areas 1 10. Transitional provisions relating to mortgages 1 11. Officers 1 12. Warden's courts and warden's offices 1 13. Lodging of certain applications 1 13A. Consents to follow land 1 14. References to repealed Act 1 15. Prevention of anomalies during transitional period 1 Division 2 — Provisions relating to Mining Amendment Act 2012 16. Miner's rights 1 17. Surrender requirements 1 18. Commonwealth land 1 19. Time limit for prosecution action 1 Third Schedule — Private land not open for mining Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Mining Act 1978 An Act to consolidate and amend the law relating to mining and for incidental and other purposes.