Western Australian Consolidated Acts

MINING ACT 1978 - SECT 120AA

120AA .         Scheme for reversion licence applications

        (1)         In this section —

        continuing licence means a prospecting licence, exploration licence or retention licence that has effect in relation to land to which a reversion licence application applies;

        lease application means an application for a mining lease under this Act including an application authorised by section 49(1), 67(1) or 70L(1).

        (2)         The Governor, by order published in the Gazette , may establish a scheme authorising any person who, on or before a day specified in the order, has made a lease application or lease applications to make one or more applications for a prospecting licence or an exploration licence in respect of land the subject of the lease application or lease applications.

        (3)         An order under subsection (2) may provide for and in relation to —

            (a)         the making of reversion licence applications and related matters including marking out and advertising; and

            (b)         the operation and effect of a reversion licence application including its effect on —

                  (i)         the lease application or lease applications to which it relates; and

                  (ii)         any continuing licence held by the applicant;

                and

            (c)         priority as between reversion licence applications and other mining tenement applications; and

            (d)         the circumstances in which objections may be made to reversion licence applications; and

            (e)         the operation and effect of prospecting licences and exploration licences granted as a result of reversion licence applications; and

            (f)         the refund of rent paid in respect of a lease application or lease applications if a prospecting licence or an exploration licence is granted as a result of a reversion licence application; and

            (g)         any other matters of an incidental, supplementary, savings or transitional nature that are necessary or expedient for the purposes of the scheme referred to in subsection (2).

        (4)         Without limiting subsection (3), an order under subsection (2) may provide for a reversion licence application to include land that is not the subject of the relevant lease application or lease applications.

        (5)         An order under subsection (2) has effect for the period specified in the order.

        (6)         The Governor, by order published in the Gazette , may amend or revoke an order under subsection (2).

        (7)         Section 42 of the Interpretation Act 1984 applies to an order under this section as if it were a regulation.

        (8)         An order under subsection (2) has effect despite any other provision of this Act.

        (9)         Despite sections 18, 23 and 27, a reversion licence application may be made in respect of land that is the subject of a mining tenement if the mining tenement is a continuing licence held by the applicant.

        (10)         Section 40(1)(b) or (c) of the Mining Amendment Act 1990 does not apply if the land that has become available from an existing licence, as defined in section 40(3) of that Act, has been included in a reversion licence application and a prospecting licence is granted in respect of that application.

        [Section 120AA inserted by No. 39 of 2004 s. 99; amended by No. 27 of 2005 s. 11]

        [Heading inserted by No. 54 of 1996 s. 18.]