Western Australian Bills Western Australian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Mining Amendment Bill 2024
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 8 amended 3
6. Section 19 amended 3
7. Section 40 amended 5
8. Section 57 amended 5
9. Section 58 amended 7
10. Section 59 amended 8
11. Section 70B amended 8
12. Section 70D amended 9
13. Section 70O amended 9
14. Section 71 amended 9
15. Section 74 amended 10
16. Section 74A amended 12
17. Section 75 amended 13
18. Section 78 amended 16
19. Section 82A amended 17
20. Section 84AA amended 18
21. Section 86 amended 18
22. Section 88 amended 18
23. Section 90 amended 19
24. Section 91B amended 19
25. Section 94 amended 19
26. Section 96A amended 20
27. Section 97 amended 20
194--1 page i
Mining Amendment Bill 2024
Contents
28. Section 97A amended 21
29. Section 98 amended 22
30. Section 99 amended 22
31. Section 100 amended 22
32. Section 102 amended 22
33. Section 116 amended 23
34. Part IX heading replaced 23
Part 9 -- General
Division 1 -- Miscellaneous and regulations
35. Section 162B amended 23
36. Section 162 amended 24
37. Part IX Division 2 inserted 26
Division 2 -- Compliance with prescribed
requirements
164. Terms used 26
165. Applications lodged before relevant time 28
166. Applications marked as invalid in register 30
Part 3 -- Mining Legislation
Amendment Act 2014 amended
38. Act amended 31
39. Sections 4 to 7 deleted 31
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Mining Amendment Bill 2024
A Bill for
An Act to amend the Mining Act 1978 and to make consequential
amendments to the Mining Legislation Amendment Act 2014.
The Parliament of Western Australia enacts as follows:
page 1
Mining Amendment Bill 2024
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Mining Amendment Act 2024.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) Part 1 -- on the day on which this Act receives the
7 Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation,
9 and different days may be fixed for different provisions.
page 2
Mining Amendment Bill 2024
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 8 amended
12 In section 8(1) insert in alphabetical order:
13
14 Department's website means a website maintained by
15 or on behalf of the Department;
16
17 6. Section 19 amended
18 (1) In section 19(1):
19 (a) delete "in writing under his hand --" and insert:
20
21 (an exemption instrument) published on the
22 Department's website --
23
24 (b) delete the passage that begins with "paragraph (a)," and
25 continues to the end of the subsection and insert:
26
27 paragraph (a).
28
page 3
Mining Amendment Bill 2024
Part 2 Mining Act 1978 amended
s. 6
1 (2) Delete section 19(2) and insert:
2
3 (2) An exemption instrument --
4 (a) takes effect on the date and time specified in
5 the instrument; and
6 (b) must specify the area and description of land to
7 which the instrument relates.
8
9 (3) In section 19(2a) before "instrument" insert:
10
11 exemption
12
13 (4) In section 19(2b):
14 (a) before "instrument" insert:
15
16 exemption
17
18 (b) delete "(2c)," and insert:
19
20 (2C),
21
22 (5) Delete section 19(2c) and insert:
23
24 (2C) An exemption instrument referred to in
25 subsection (2b) --
26 (a) expires on the date and time specified in the
27 instrument or, if a date and time is not specified
28 in the instrument, at the end of the period of
29 5 years from the date the instrument takes
30 effect; and
page 4
Mining Amendment Bill 2024
Mining Act 1978 amended Part 2
s. 7
1 (b) may be extended for a period or periods not
2 exceeding 5 years at a time by instrument in
3 writing published on the Department's website.
4
5 7. Section 40 amended
6 After section 40(1) insert:
7
8 (1A) Any terms and conditions imposed under section 24,
9 24A or 25, or any conditions specified in a prospecting
10 licence, may be cancelled or varied by the Minister at
11 any time if the Minister is satisfied that it is necessary
12 to do so on the ground that the terms and conditions, or
13 the conditions (as the case may be) --
14 (a) contain an error; or
15 (b) are invalid; or
16 (c) may be cancelled or varied without detriment to
17 the holder of the licence.
18
19 8. Section 57 amended
20 (1) After section 57(1) insert:
21
22 (1A) Any terms and conditions on which an exploration
23 licence is granted under subsection (1) may be
24 cancelled or varied by the Minister at any time if the
25 Minister is satisfied that it is necessary to do so on the
26 ground that the terms and conditions --
27 (a) contain an error; or
28 (b) are invalid; or
29 (c) may be cancelled or varied without detriment to
30 the holder of the licence.
31
page 5
Mining Amendment Bill 2024
Part 2 Mining Act 1978 amended
s. 8
1 (2) Delete section 57(2c), (2d) and (2e) and insert:
2
3 (2C) Where an application for an exploration licence is
4 made with respect to 1 block, the land in respect of
5 which the licence is granted may comprise part of the
6 block if --
7 (a) the rest of the block consists of land that is
8 unavailable for exploration; or
9 (b) an application for a mining tenement with
10 respect to the same block has been made, but
11 has not been determined, under this Act (other
12 than an application for a miscellaneous licence
13 or an exploration licence).
14 (2D) Where an application for an exploration licence is
15 made with respect to 2 or more blocks, the land in
16 respect of which the licence is granted may --
17 (a) comprise part of a block if the rest of the block
18 consists of land that is unavailable for
19 exploration; or
20 (b) be for a lesser number of blocks if a block or
21 blocks to which the application relates consists
22 of land that is unavailable for exploration.
23 (2E) For the purposes of subsections (2C) and (2D), land is
24 unavailable for exploration in relation to an
25 application for an exploration licence if --
26 (a) the land is, or was when the application for the
27 exploration licence is made, the subject of a
28 current mining tenement (other than a
29 miscellaneous licence); or
30 (b) another application for a mining tenement with
31 respect to the same land has been made, but has
32 not been determined (other than an application
33 for a miscellaneous licence); or
page 6
Mining Amendment Bill 2024
Mining Act 1978 amended Part 2
s. 9
1 (c) before the application for the exploration
2 licence is granted, the Minister determines that
3 the land is unavailable for exploration.
4
5 (3) In section 57(2ea) delete "subsection (2e)" and insert:
6
7 subsection (2E)(a)
8
9 (4) After section 57(2h) insert:
10
11 (2I) Where 2 or more applications for exploration licences
12 with respect to 1 or more of the same blocks are made,
13 but have not been determined, the applicant for any of
14 the applications (other than the applicant with the
15 highest priority under section 105A) may amend the
16 application to remove from it all of the same blocks.
17
18 9. Section 58 amended
19 Delete section 58(1)(b) and insert:
20
21 (b) must include a statement lodged within the
22 prescribed time and in the prescribed manner
23 specifying --
24 (i) the details of the programme of work
25 proposed to be carried out in the first
26 year of the term of the licence; and
27 (ii) the estimated amount of money
28 proposed to be expended on exploration
29 in the first year of the term of the
30 licence; and
page 7
Mining Amendment Bill 2024
Part 2 Mining Act 1978 amended
s. 10
1 (iii) the technical and, subject to
2 subsection (1aa), financial resources
3 available to the applicant in the first
4 year of the term of the licence;
5 and
6
7 10. Section 59 amended
8 Delete section 59(5) and insert:
9
10 (5) The warden must as soon as practicable after the
11 hearing of the application forward to the Minister for
12 the Minister's consideration a report which
13 recommends the grant or refusal of the exploration
14 licence and sets out the reasons for that
15 recommendation.
16
17 11. Section 70B amended
18 After section 70B(1) insert:
19
20 (1A) Any terms and conditions on which a retention licence
21 is granted under subsection (1) may be cancelled or
22 varied by the Minister at any time if the Minister is
23 satisfied that it is necessary to do so on the ground that
24 the terms and conditions --
25 (a) contain an error; or
26 (b) are invalid; or
27 (c) may be cancelled or varied without detriment to
28 the holder of the licence.
29
page 8
Mining Amendment Bill 2024
Mining Act 1978 amended Part 2
s. 12
1 12. Section 70D amended
2 Delete section 70D(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 retention
8 licence and sets out the reasons for that
9 recommendation.
10
11 13. Section 70O amended
12 In section 70O(1) in the definition of relevant mining proposal
13 delete paragraph (a) and insert:
14
15 (a) a mining proposal lodged in respect of the
16 application for the mining lease; or
17
18 14. Section 71 amended
19 (1) In section 71 delete "Subject" and insert:
20
21 (1) Subject
22
23 (2) At the end of section 71 insert:
24
25 (2) Any terms and conditions on which a mining lease is
26 granted under subsection (1) may be cancelled or
27 varied by the Minister at any time if the Minister is
28 satisfied that it is necessary to do so on the ground that
29 the terms and conditions --
30 (a) contain an error; or
page 9
Mining Amendment Bill 2024
Part 2 Mining Act 1978 amended
s. 15
1 (b) are invalid; or
2 (c) may be cancelled or varied without detriment to
3 the holder of the lease.
4
5 15. Section 74 amended
6 (1) Delete section 74(1)(ca).
7 (2) Delete section 74(1AA) and insert:
8
9 (1AA) An application for a mining lease cannot be determined
10 under section 75 (except under section 75(1C)) unless
11 the applicant has lodged in respect of the application
12 within the prescribed time and in the prescribed
13 manner --
14 (a) a mining proposal; or
15 (b) a statement in accordance with subsection (1a)
16 and a mineralisation report; or
17 (c) a statement in accordance with subsection (1a)
18 and a resource report.
19 (1AB) Subsection (1AA) does not prevent a notice of
20 objection to the granting of the application from being
21 lodged before the lodgment of a document referred to
22 in that subsection.
23
24 (3) In section 74(1a):
25 (a) delete "subsection (1)(ca)(ii) and (iii) shall" and insert:
26
27 subsection (1AA)(b) and (c) must
28
29 (b) delete paragraph (c) and insert:
30
31 (c) the location of the mining operations; and
page 10
Mining Amendment Bill 2024
Mining Act 1978 amended Part 2
s. 15
1 (d) the location and area of land that is likely to be
2 required for any infrastructure associated with
3 the mining operations.
4
5 (4) Delete section 74(5) and insert:
6
7 (5) The Director General of Mines must ensure that the
8 following documents are made available for public
9 inspection at reasonable times --
10 (a) any document referred to in subsection (1AA)
11 that is lodged in respect of the application;
12 (b) any document furnished by the applicant in
13 response to a request under subsection (2).
14
15 (5) In section 74(7) delete the definition of JORC Code.
16 (6) In section 74(7) insert in alphabetical order:
17
18 ASX means Australian Securities Exchange Limited;
19
20 (7) In section 74(7) in the definition of mineralisation report after
21 "a report" insert:
22
23 prepared by a qualified person
24
25 (8) In section 74(7) in the definition of resource report delete
26 paragraphs (b) and (c) and insert:
27
28 (b) that has been given to the ASX.
29
page 11
Mining Amendment Bill 2024
Part 2 Mining Act 1978 amended
s. 16
1 16. Section 74A amended
2 (1) Delete section 74A(1) to (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).
page 12
Mining Amendment Bill 2024
Mining Act 1978 amended Part 2
s. 17
1 17. Section 75 amended
2 (1) Delete section 75(2) and (2a) and insert:
3
4 (1C) If compliant information is not lodged in respect of an
5 application for a mining lease within the compliance
6 time, the mining registrar must forward to the Minister
7 a report which recommends the refusal of the
8 application under this subsection.
9 (2) Subject to subsection (2A), if compliant information is
10 lodged in respect of an application for a mining lease
11 within the compliance time and no notice of objection
12 is lodged within the objection time, or any notice of
13 objection is withdrawn, the mining registrar must,
14 unless subsection (3A)(b)(ii) applies, forward to the
15 Minister a report which recommends the grant or
16 refusal of the mining lease and sets out the reasons for
17 that recommendation.
18 (2A) If the compliant information lodged in respect of the
19 application for the mining lease consists of or includes
20 the documents referred to in section 74(1AA)(b), the
21 mining registrar must not forward a report under
22 subsection (2) unless --
23 (a) the mining registrar has received a copy of the
24 section 74A report in relation to the application;
25 and
26 (b) the section 74A report states that there is
27 significant mineralisation in, on or under the
28 land to which the application relates.
29 (2B) If subsection (2A) applies and the mining registrar
30 forwards a report under subsection (2), the mining
31 registrar must also forward to the Minister a copy of
32 the section 74A report in relation to the application.
33
page 13
Mining Amendment Bill 2024
Part 2 Mining Act 1978 amended
s. 17
1 (2) Delete section 75(4), (4a) and (5) and insert:
2
3 (3A) Subsection (4) applies to an application for a mining
4 lease if --
5 (a) compliant information is lodged in respect of
6 the application within the compliance time; and
7 (b) a notice of objection --
8 (i) is lodged within the objection time; or
9 (ii) is not lodged within the objection time
10 but is lodged before the mining registrar
11 forwards a report to the Minister under
12 subsection (2) and the warden is
13 satisfied that there are reasonable
14 grounds for late lodgment;
15 and
16 (c) the notice of objection is not withdrawn.
17 (4) Subject to subsection (4A), if this subsection applies to
18 an application for a mining lease the warden must hear
19 the application on a day appointed by the warden and
20 may give any person who has lodged a notice of
21 objection an opportunity to be heard.
22 (4A) If the compliant information lodged in respect of an
23 application for a mining lease consists of or includes
24 the documents referred to in section 74(1AA)(b), the
25 warden must not hear the application unless --
26 (a) the warden has received a copy of the
27 section 74A report in relation to the application;
28 and
29 (b) the section 74A report states that there is
30 significant mineralisation in, on or under the
31 land to which the application relates.
page 14
Mining Amendment Bill 2024
Mining Act 1978 amended Part 2
s. 17
1 (5) The warden must as soon as practicable after the
2 hearing of the application for a mining lease forward to
3 the Minister for the Minister's consideration --
4 (a) a report which recommends the grant or refusal
5 of the mining lease and sets out the reasons for
6 that recommendation; and
7 (b) if subsection (4A) applies -- a copy of the
8 section 74A report in relation to the application.
9
10 (3) In section 75(6) before "(2) or (5)," insert:
11
12 (1C),
13
14 (4) In section 75(7) delete "In the case of an application for a
15 mining lease" and insert:
16
17 If the application for a mining lease is
18
19 (5) Delete section 75(8) and insert:
20
21 (8) If the compliant information lodged in respect of the
22 application for a mining lease consists of or includes
23 the documents referred to in section 74(1AA)(b), the
24 Minister must refuse to grant the mining lease if the
25 section 74A report states that there is no significant
26 mineralisation in, on or under the land to which the
27 application relates.
28
page 15
Mining Amendment Bill 2024
Part 2 Mining Act 1978 amended
s. 18
1 (6) Delete section 75(10) and insert:
2
3 (10) In this section --
4 compliance time means the time prescribed under
5 section 74(1AA) for lodging compliant information or,
6 if that time is extended under section 162B, that time as
7 extended;
8 compliant information means --
9 (a) the document referred to in section 74(1AA)(a);
10 or
11 (b) the documents referred to in
12 section 74(1AA)(b); or
13 (c) the documents referred to in
14 section 74(1AA)(c);
15 objection time means the time prescribed under
16 subsection (1AA)(a) for lodging a notice of objection
17 or, if that time is extended under section 162B, that
18 time as extended;
19 section 74A report means the report prepared by the
20 Director, Geological Survey as required under
21 section 74A(1).
22
23 18. Section 78 amended
24 (1) Delete section 78(1)(b) and insert:
25
26 (b) if an application for renewal is made in the
27 prescribed manner during the final year of the
28 term of the lease or if section 111A(1)(d)
29 applies -- for 1 further term of 21 years from
30 the expiry of the initial term as of right.
31
page 16
Mining Amendment Bill 2024
Mining Act 1978 amended Part 2
s. 19
1 (2) Delete section 78(2) and insert:
2
3 (2) The further term referred to in subsection (1)(b) is
4 subject to the provisions of this Act as in force on and
5 after the date of the renewal.
6 (2A) In the case of a mining lease renewed under
7 subsection (1)(b), the Minister may, on an application
8 made in the prescribed manner and within the
9 prescribed period, renew or further renew the term of
10 the mining lease for a period not exceeding 21 years.
11
12 19. 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;
26 (ii) a mineralisation report or a resource
27 report.
28
page 17
Mining Amendment Bill 2024
Part 2 Mining Act 1978 amended
s. 20
1 20. 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 21. Section 86 amended
9 After section 86(1) insert:
10
11 (1A) Any terms and conditions on which a general purpose
12 lease is granted under subsection (1) may be cancelled
13 or varied by the Minister at any time if the Minister is
14 satisfied that it is necessary to do so on the ground that
15 the terms and conditions --
16 (a) contain an error; or
17 (b) are invalid; or
18 (c) may be cancelled or varied without detriment to
19 the holder of the lease.
20
21 22. Section 88 amended
22 After section 88(2) insert:
23
24 (2A) Any terms and conditions on which a general purpose
25 lease is renewed or further renewed under
26 subsection (2)(a)(ii) or (b)(ii) may be cancelled or
27 varied by the Minister at any time if the Minister is
28 satisfied that it is necessary to do so on the ground that
29 the terms and conditions --
30 (a) contain an error; or
page 18
Mining Amendment Bill 2024
Mining Act 1978 amended Part 2
s. 23
1 (b) are invalid; or
2 (c) may be cancelled or varied without detriment to
3 the holder of the lease.
4
5 23. Section 90 amended
6 Delete section 90(2)(b) and insert:
7
8 (b) in subsection (1AA)(b) "and a mineralisation
9 report" were deleted.
10
11 24. Section 91B amended
12 After section 91B(3) insert:
13
14 (3A) Any terms and conditions, on which a miscellaneous
15 licence is renewed or further renewed, under
16 subsection (3)(a)(ii) or (b)(ii) may be cancelled or
17 varied by the Minister at any time if the Minister is
18 satisfied that it is necessary to do so on the ground that
19 the terms and conditions --
20 (a) contain an error; or
21 (b) are invalid; or
22 (c) may be cancelled or varied without detriment to
23 the holder of the licence.
24
25 25. Section 94 amended
26 After section 94(2) insert:
27
28 (2A) Any terms and conditions to which a miscellaneous
29 licence is made subject under subsection (2) may be
30 cancelled or varied by the Minister at any time if the
page 19
Mining Amendment Bill 2024
Part 2 Mining Act 1978 amended
s. 26
1 Minister is satisfied that it is necessary to do so on the
2 ground that the terms and conditions --
3 (a) contain an error; or
4 (b) are invalid; or
5 (c) may be cancelled or varied without detriment to
6 the holder of the licence.
7
8 26. Section 96A amended
9 (1) In section 96A(1) delete "in the Government Gazette" and
10 insert:
11
12 on the Department's website
13
14 (2) In section 96A(2) delete "under his hand published in the
15 Government Gazette --" and insert:
16
17 published on the Department's website --
18
19 (3) Delete section 96A(4) and insert:
20
21 (4) The production of a copy of the notice published on the
22 Department's website under subsection (1) or (2) is
23 evidence that the licence concerned has been forfeited
24 or restored, as the case requires.
25
26 27. Section 97 amended
27 (1) In section 97(1) delete "under his hand published in the
28 Government Gazette," and insert:
29
30 published on the Department's website,
31
page 20
Mining Amendment Bill 2024
Mining Act 1978 amended Part 2
s. 28
1 (2) Delete section 97(2) and insert:
2
3 (2) The production of a copy of the notice published on the
4 Department's website under subsection (1) is evidence
5 that a breach of the covenant or condition has been
6 committed by the lessee, and that the estate and interest
7 of the lessee in the lease has been lawfully determined.
8
9 (3) In section 97(3) delete "under his hand published in the
10 Government Gazette," and insert:
11
12 published on the Department's website,
13
14 28. 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 forward to
19 the Minister for the Minister's consideration a
20 report which recommends the grant or refusal
21 of the application and sets out the reasons for
22 that recommendation.
23
24 (2) Delete section 97A(8) and insert:
25
26 (8) On receipt of a report forwarded under
27 subsection (7)(b), the Minister may --
28 (a) grant or refuse the application for restoration of
29 the mining tenement as the Minister thinks fit,
30 irrespective of whether the report recommends
31 the grant or refusal of the application; and
page 21
Mining Amendment Bill 2024
Part 2 Mining Act 1978 amended
s. 29
1 (b) impose on the restored mining tenement any
2 further or other conditions that the Minister
3 considers reasonable.
4
5 29. Section 98 amended
6 In section 98(6) delete "the notes of evidence, with".
7 30. Section 99 amended
8 (1) In section 99(2) delete "in the Government Gazette" and insert:
9
10 on the Department's website
11
12 (2) In section 99(3) delete "in the Government Gazette," and insert:
13
14 on the Department's website,
15
16 31. Section 100 amended
17 In section 100(2) delete "in the Government Gazette," and
18 insert:
19
20 on the Department's website,
21
22 32. Section 102 amended
23 Delete section 102(6) and insert:
24
25 (6) The warden must as soon as practicable after the
26 hearing of the application forward to the Minister for
27 the Minister's consideration a report which
page 22
Mining Amendment Bill 2024
Mining Act 1978 amended Part 2
s. 33
1 recommends the grant or refusal of the application and
2 sets out the reasons for that recommendation.
3
4 33. Section 116 amended
5 In section 116(2) delete "that tenement" and insert:
6
7 that tenement, or on account of any failure to comply with
8 requirements of this Act in relation to the application,
9
10 34. Part IX heading replaced
11 Delete the heading to Part IX and insert:
12
13 Part 9 -- General
14 Division 1 -- Miscellaneous and regulations
15
16 35. Section 162B amended
17 (1) In section 162B(1) delete "If" and insert:
18
19 Subject to the regulations, if
20
21 (2) In section 162B(2) delete "The" and insert:
22
23 Subject to the regulations, the
24
page 23
Mining Amendment Bill 2024
Part 2 Mining Act 1978 amended
s. 36
1 36. Section 162 amended
2 (1) In section 162(2):
3 (a) after paragraph (ba) insert:
4
5 (bb) provide for the time at which an amount or fee
6 submitted in respect of an application lodged
7 under this Act, or an instrument lodged for
8 registration under this Act, is taken to have
9 been received for the purposes of this Act;
10
11 (b) after paragraph (eg) insert:
12
13 (eh) exclude a prescribed period or prescribed time
14 specified in the regulations from the operation
15 of section 162B(1) or (2);
16 (ei) provide that where the last day for doing a thing
17 under this Act (the compliance day) would
18 otherwise be an excluded day as defined in the
19 Interpretation Act 1984 section 61(2), the
20 compliance day is the last day before that
21 excluded day that is not also an excluded day;
22
23 (c) delete paragraph (x) and insert:
24
25 (x) authorise and regulate the copying, storage,
26 making available for public inspection, release,
27 publication and dissemination of information
28 contained in a mining tenement document;
29
page 24
Mining Amendment Bill 2024
Mining Act 1978 amended Part 2
s. 36
1 (2) Delete section 162(2a) and (3A) and insert:
2
3 (2A) Subsection (2)(x) applies to information irrespective of
4 when the mining tenement document was made,
5 lodged, given or provided.
6 (2B) In subsections (2) and (2A) --
7 mining tenement document means any of the
8 following --
9 (a) an application for or in respect of a mining
10 tenement or a document that accompanies, or is
11 lodged or furnished in respect of, the
12 application;
13 (b) an agreement, claim, report, notice of objection,
14 security, caveat or other document in respect of
15 a mining tenement;
16 (c) a document containing any other information
17 supplied under this Act to the Minister, a
18 warden or any official of the Department.
19
20 (3) After section 162(3) insert:
21
22 (3A) Regulations made under subsection (2)(ei) may modify
23 the operation of this Act.
24 (3B) The Interpretation Act 1984 section 61(1)(e) and (h) do
25 not apply to the extent to which those paragraphs are
26 inconsistent with regulations made under
27 subsection (2)(ei).
28
page 25
Mining Amendment Bill 2024
Part 2 Mining Act 1978 amended
s. 37
1 37. Part IX Division 2 inserted
2 At the end of Part IX insert:
3
4 Division 2 -- Compliance with prescribed requirements
5 164. Terms used
6 (1) In this Division --
7 amendment, of a mining tenement, means --
8 (a) an amendment in respect of the land the subject
9 of a mining tenement to include private land; or
10 (b) an amalgamation of a mining tenement with
11 another mining tenement or with a mining
12 tenement that has been surrendered or forfeited
13 or has expired;
14 applicable laws means --
15 (a) this Act and the regulations as they were in
16 force when an application for the grant,
17 amendment, renewal or surrender of a mining
18 tenement was lodged; or
19 (b) the repealed Act, and the regulations under it, if
20 and as they were in force when an application
21 for the grant, amendment, renewal or surrender
22 of a mining tenement was lodged or taken to
23 have been lodged;
24 complied with includes observed and conformed to;
25 hearing means the substantive hearing by the warden
26 of proceedings relating to an application for the grant,
27 amendment, renewal or surrender of a mining tenement
28 in relation to which an objection has been lodged;
page 26
Mining Amendment Bill 2024
Mining Act 1978 amended Part 2
s. 37
1 lodged means --
2 (a) lodged with a warden; or
3 (b) lodged or filed with, or at the office of, a
4 mining registrar; or
5 (c) lodged with the Department electronically,
6 whether by means of the Department's website
7 or otherwise;
8 prescribed requirements means the requirements of the
9 applicable laws as to --
10 (a) an application for the grant, amendment,
11 renewal or surrender of a mining tenement; and
12 (b) the determination of an application for the
13 grant, amendment, renewal or surrender of a
14 mining tenement, including any jurisdictional
15 requirements and requirements to be complied
16 with in relation to the performance of functions;
17 relevant time means the time of the coming into
18 operation of the Mining Amendment Act 2024
19 section 37;
20 renewal, of a mining tenement, includes --
21 (a) the further renewal of a mining tenement; and
22 (b) the restoration of a mining tenement; and
23 (c) the extension of the term of a mining tenement;
24 and
25 (d) the approval of retention status for land the
26 subject of a mining tenement;
27 requirement includes an obligation and a condition.
page 27
Mining Amendment Bill 2024
Part 2 Mining Act 1978 amended
s. 37
1 (2) In this Division --
2 (a) a reference to an application for the grant,
3 amendment, renewal or surrender of a mining
4 tenement includes a reference to a purported
5 application for the grant, amendment, renewal
6 or surrender of a mining tenement; and
7 (b) a reference to the grant, amendment, renewal or
8 surrender of a mining tenement includes a
9 reference to the purported grant, amendment,
10 renewal or surrender of a mining tenement; and
11 (c) a reference to the surrender of a mining
12 tenement includes a reference to the surrender
13 of land the subject of a mining tenement; and
14 (d) a reference to an application for the surrender
15 of a mining tenement means a reference to the
16 lodgment of the surrender for registration.
17 165. Applications lodged before relevant time
18 (1) If an application for the grant, amendment, renewal or
19 surrender of a mining tenement was lodged before the
20 relevant time and 1 or more prescribed requirements
21 that applied to the application were not complied with,
22 the application can be dealt with and be determined
23 after the relevant time as if the prescribed requirements
24 had been complied with.
25 (2) Subsection (1) does not affect the operation of any
26 other provision of this Act that authorises the mining
27 registrar or warden to request further information in
28 relation to the application, or evidence in support of the
29 application, as the mining registrar or warden may
30 require.
page 28
Mining Amendment Bill 2024
Mining Act 1978 amended Part 2
s. 37
1 (3) If subsection (1) applies and an application fee is
2 prescribed for the application, that fee must be paid --
3 (a) in the case of an application for the grant of a
4 mining tenement --
5 (i) if there is a hearing -- before the
6 commencement of that hearing; or
7 (ii) if there is no hearing -- before the grant
8 of the mining tenement;
9 or
10 (b) in the case of an application for the amendment
11 or renewal of a mining tenement --
12 (i) if there is a hearing -- before the
13 commencement of that hearing; or
14 (ii) if there is no hearing -- before the
15 determination of the application.
16 (4) Subsection (1) does not apply to the extent, if any, that
17 the application is for the grant of a mining tenement in
18 respect of private land if --
19 (a) under this Act the grant of the mining tenement
20 requires the consent in writing of the owner and
21 the occupier of the private land concerned; and
22 (b) those consents have not been given.
23 (5) Subsection (1) does not apply to the extent, if any, that
24 the application is for the amendment, in respect of the
25 land the subject of the mining tenement, to include
26 private land if --
27 (a) under this Act the amendment requires the
28 consent in writing of the owner and the
29 occupier of the private land concerned; and
30 (b) those consents have not been given.
page 29
Mining Amendment Bill 2024
Part 2 Mining Act 1978 amended
s. 37
1 (6) Subsection (1) does not apply to an application if,
2 before or after the relevant time, the application has
3 been marked in the register as being invalid.
4 166. Applications marked as invalid in register
5 An authorised officer, as defined in section 103A, has
6 the power, and is taken to have always had the power,
7 to mark in the register as being invalid an application
8 assessed by the Department as not having complied
9 with the requirements of the applicable laws that relate
10 to the application.
page 30
Mining Amendment Bill 2024
Mining Legislation Amendment Act 2014 amended Part 3
s. 38
1 Part 3 -- Mining Legislation Amendment Act 2014
2 amended
3 38. Act amended
4 This Part amends the Mining Legislation Amendment Act 2014.
5 39. Sections 4 to 7 deleted
6 Delete sections 4 to 7.
7
[Index] [Search] [Download] [Related Items] [Help]