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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Mining Amendment Bill 2022
Contents
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 9B amended 2
5. Section 17 amended 2
6. Section 42 amended 3
7. Section 56A amended 4
8. Section 56C amended 4
9. Section 59 amended 5
10. Section 70 amended 5
11. Section 70D amended 6
12. Section 75 amended 7
13. Section 97A amended 7
14. Section 102 amended 8
15. Section 105 amended 8
16. Section 162 amended 11
77--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Mining Amendment Bill 2022
A Bill for
An Act to amend the Mining Act 1978.
The Parliament of Western Australia enacts as follows:
page 1
Mining Amendment Bill 2022
s. 1
1 1. Short title
2 This is the Mining Amendment Act 2022.
3 2. Commencement
4 This Act comes into operation as follows --
5 (a) sections 1 and 2 -- on the day on which this Act
6 receives the Royal Assent;
7 (b) the rest of the Act -- on the day after that day.
8 3. Act amended
9 This Act amends the Mining Act 1978.
10 4. Section 9B amended
11 After section 9B(1) insert:
12
13 (1A) A datum may be prescribed for all or some of the
14 purposes referred to in subsection (1), and different
15 datums may be prescribed for different purposes.
16
17 5. Section 17 amended
18 (1) In section 17(1) in the definition of give delete "notify,".
19 (2) In section 17(1) in the definition of prescribed provision
20 paragraph (a) delete "a document or notice" and insert:
21
22 a document, a notice or a notification
23
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Mining Amendment Bill 2022
s. 6
1 (3) In section 17(2):
2 (a) in paragraph (a) delete "a document or notice" and
3 insert:
4
5 a document, a notice or a notification
6
7 (b) in paragraph (b) delete "document or notice" and insert:
8
9 document, notice or notification
10
11 6. Section 42 amended
12 (1) In section 42(1) delete "shall lodge a notice of objection within
13 the prescribed time and in the prescribed manner." and insert:
14
15 must lodge a notice of objection.
16
17 (2) After section 42(1) insert:
18
19 (1A) A notice of objection must be --
20 (a) lodged within the prescribed time and in the
21 prescribed manner; and
22 (b) accompanied by the prescribed fee.
23
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Mining Amendment Bill 2022
s. 7
1 7. Section 56A amended
2 (1) Delete section 56A(4) and insert:
3
4 (4) If the holder of the primary tenement lodges a notice of
5 objection to an application for a special prospecting
6 licence --
7 (a) the notice of objection must be --
8 (i) lodged within the prescribed time and in
9 the prescribed manner; and
10 (ii) accompanied by the prescribed fee;
11 and
12 (b) the warden must obtain a report from the
13 Director, Geological Survey in respect of the
14 prospecting carried on by the holder of the
15 primary tenement on the land to which the
16 application relates.
17
18 (2) In section 56A(4a) delete "subsection (4)" and insert:
19
20 subsection (4)(b)
21
22 8. Section 56C amended
23 After section 56C(4) insert:
24
25 (4A) Without limiting section 9B(1A), a datum must be
26 prescribed by the regulations for the purposes of the
27 determination of the position on the surface of the
28 Earth of a graticular section or a block.
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Mining Amendment Bill 2022
s. 9
1 (4B) Despite subsection (1), the meridians of longitude
2 defining the eastern and western boundaries of a
3 graticular section, and the parallels of latitude defining
4 the northern and southern boundaries of a graticular
5 section, are taken to be at a distance from each other
6 that is other than 1 minute if required as a result of the
7 prescription of a datum under subsection (4A).
8
9 9. Section 59 amended
10 (1) In section 59(1) delete "shall lodge a notice of objection within
11 the prescribed time and in the prescribed manner." and insert:
12
13 must lodge a notice of objection.
14
15 (2) After section 59(1) insert:
16
17 (1A) A notice of objection must be --
18 (a) lodged within the prescribed time and in the
19 prescribed manner; and
20 (b) accompanied by the prescribed fee.
21
22 10. Section 70 amended
23 (1) Delete section 70(4) and insert:
24
25 (4) If the holder of the primary tenement lodges a notice of
26 objection against the application for the special
27 prospecting licence --
28 (a) the notice of objection must be --
29 (i) lodged within the prescribed time and in
30 the prescribed manner; and
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Mining Amendment Bill 2022
s. 11
1 (ii) accompanied by the prescribed fee;
2 and
3 (b) the warden must obtain a report from the
4 Director, Geological Survey in respect of the
5 exploration carried on by the holder of the
6 primary tenement on the land to which the
7 application relates.
8
9 (2) In section 70(4a) delete "subsection (4)" and insert:
10
11 subsection (4)(b)
12
13 11. Section 70D amended
14 (1) In section 70D(1) delete "shall lodge a notice of objection
15 within the prescribed time and in the prescribed manner." and
16 insert:
17
18 must lodge a notice of objection.
19
20 (2) After section 70D(1) insert:
21
22 (1A) A notice of objection must be --
23 (a) lodged within the prescribed time and in the
24 prescribed manner; and
25 (b) accompanied by the prescribed fee.
26
page 6
Mining Amendment Bill 2022
s. 12
1 12. Section 75 amended
2 (1) In section 75(1) delete "shall lodge a notice of objection within
3 the prescribed time and in the prescribed manner." and insert:
4
5 must lodge a notice of objection.
6
7 (2) After section 75(1) insert:
8
9 (1AA) A notice of objection must be --
10 (a) lodged within the prescribed time and in the
11 prescribed manner; and
12 (b) accompanied by the prescribed fee.
13
14 13. Section 97A amended
15 Delete section 97A(6) and insert:
16
17 (6) A person who wishes to object to the granting of an
18 application made under subsection (1) must lodge a
19 notice of objection.
20 (6A) A notice of objection must be --
21 (a) lodged within the prescribed time and in the
22 prescribed manner; and
23 (b) accompanied by the prescribed fee.
24
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Mining Amendment Bill 2022
s. 14
1 14. Section 102 amended
2 After section 102(4) insert:
3
4 (4A) A person who wishes to object to the granting of an
5 application for exemption must lodge a notice of
6 objection.
7 (4B) A notice of objection must be --
8 (a) lodged within the prescribed time and in the
9 prescribed manner; and
10 (b) accompanied by the prescribed fee.
11
12 15. Section 105 amended
13 (1) In section 105(1) delete "Before" and insert:
14
15 Except as provided in subsection (2), before
16
17 (2) After section 105(1) insert:
18
19 (2) The holder of a prospecting licence, exploration licence
20 or retention licence may make an application for the
21 grant of a mining lease or general purpose lease in
22 respect of any part of the land the subject of the licence
23 without first marking out the land in relation to which
24 the lease is sought if the holder includes with the
25 application --
26 (a) a statement of the grounds of the application;
27 and
28 (b) evidence supporting the statement.
29 (3) The statement must specify that, in the opinion of the
30 holder of the licence, it is not possible for the land in
page 8
Mining Amendment Bill 2022
s. 15
1 relation to which the lease is sought to be accessed by
2 or on behalf of the holder for the purpose of marking
3 out as a result of 1 or more of the following --
4 (a) any law;
5 (b) any order of a court, tribunal or person acting
6 judicially;
7 (c) an act or omission of --
8 (i) a department of the Public Service; or
9 (ii) a State agency or instrumentality; or
10 (iii) a local government, regional local
11 government or regional subsidiary; or
12 (iv) a body, whether incorporated or not, or
13 the holder of an office, post or position,
14 that is established or continued for a
15 public purpose under a written law; or
16 (v) a brigade as defined in the Fire
17 Brigades Act 1942 section 4(1);
18 (d) any disaster or emergency, including a disaster
19 or emergency caused by --
20 (i) fire, storm, flood, lightning, landslide or
21 earthquake; or
22 (ii) the holder or any other person;
23 (e) any revolution, insurrection, riot or other civil
24 disturbance;
25 (f) any vandalism, sabotage or other form of
26 malicious damage of property;
27 (g) any war (whether declared or undeclared) or
28 military operation;
29 (h) any strike, lock-out or other industrial dispute;
30 (i) any other circumstance beyond the control of
31 the holder of the licence.
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Mining Amendment Bill 2022
s. 15
1 (4) If the holder of the licence makes an application in
2 reliance on subsection (2), the holder must --
3 (a) mark out the land in relation to which the lease
4 is sought in the prescribed manner and in the
5 prescribed shape --
6 (i) as soon as practicable after it becomes
7 possible for the land to be accessed; or
8 (ii) if the mining registrar is not satisfied
9 that the evidence provided under
10 subsection (2)(b) demonstrates that it is
11 not possible for the land to be accessed
12 and specifies, in writing, a day by which
13 the land must be marked out -- by the
14 end of the specified day; or
15 (iii) if the mining registrar is satisfied that it
16 has become possible for the land to be
17 accessed and specifies, in writing, a day
18 by which the land must be marked
19 out -- by the end of the specified day;
20 and
21 (b) as soon as practicable after the land is marked
22 out, provide the mining registrar with evidence
23 that the land has been marked out.
24 (5) The activities involved in marking out under
25 subsection (4)(a) are taken to be activities relating to
26 prospecting and to constitute mining for the purpose of
27 any claim under section 123 for compensation for loss
28 or damage suffered, or likely to be suffered, resulting
29 or arising from marking out --
30 (a) under subsection (4)(a); or
31 (b) for the purposes of an order under
32 section 124(2).
33
page 10
Mining Amendment Bill 2022
s. 16
1 16. Section 162 amended
2 In section 162(2):
3 (a) after paragraph (ec) insert:
4
5 (ed) provide for matters relating to the giving of
6 information, a document, a notice or a
7 notification required or permitted to be given
8 under this Act (including the giving of the
9 information or the document, notice or
10 notification in electronic form);
11 (ef) provide for the time at which information, a
12 document, a notice or a notification is taken to
13 have been given;
14 (eg) prescribe the means of satisfying a requirement
15 under this Act in relation to information, a
16 document, a notice or a notification in writing if
17 the information, document, notice or
18 notification is given in electronic form;
19
20 (b) in paragraph (ka)(iii) delete "tenement," and insert:
21
22 tenement, prescribing fees for the lodgment of notices
23 relating to those disputes or objections,
24
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