Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Minister
may —
(a) by
notice served on the mining registrar or the warden, as the case requires,
terminate an application for a mining tenement before the mining registrar or
the warden has determined, or made a recommendation in respect of, the
application; or
(b)
refuse an application for a mining tenement,
if in respect of the
whole or any part of the land to which the application relates —
(c) the
Minister is satisfied on reasonable grounds in the public interest
that —
(i)
the land should not be disturbed; or
(ii)
the application should not be granted;
or
(d) a
person who in relation to the land was formerly the lessee of a mining lease
the term of which has expired, or is a person deriving title through such a
former lessee, has subsequently made a late renewal application and the
Minister, being satisfied that the requirements of that expired mining lease
and of this Act in relation to that lease had been substantially observed
(other than as to the timing of an application for renewal) and that the
person has continued to observe those requirements as if the term of the lease
had not expired, determines that the renewal application should be approved
and grants that renewal.
(2) In
subsection (1)(d) late renewal application means an application made in
the manner prescribed for the purposes of section 78 (except that it was
not made during the final year of the term of the lease) for the renewal of
the lease with effect from the expiry of the term of the lease.
(3) Notwithstanding
anything in this Act, an application to which a notice referred to in
subsection (1)(a) applies ceases to have any effect for the purposes of
this Act when that notice is served.
(4) The powers
conferred by subsection (1) are in addition to any other powers of the
Minister under this Act.
[Section 111A inserted by No. 58 of 1994
s. 44.]