Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where any land
that is a townsite within the meaning of the Land Administration
Act 1997 is the subject of a mining tenement and the Minister considers
that the land or a part of the land is required for community purposes, the
Minister may, by notice in writing given to the holder of the mining tenement,
require the holder to surrender the land specified in the notice to a depth of
15 m from the lowest part of the natural surface of that land, within a period
of 30 days after the giving of the notice.
(2) Where the holder
of a mining tenement fails to surrender land when required to do so under
subsection (1), the land specified in the notice shall, on the expiry of
the period referred to in that subsection, be deemed to have been surrendered
and a memorial to that effect shall be entered in the register.
(3) Where land is
surrendered or deemed to have been surrendered under this section, the holder
of the mining tenement in respect of that land may, while the mining tenement
remains in force —
(a) with
the approval of the Minister and subject to such terms and conditions as the
Minister thinks fit, explore for minerals on that land;
(b) if
that land ceases to be a townsite within the meaning of the Land
Administration Act 1997 , or otherwise with the approval of the Minister,
apply to have that land or a part of that land reincorporated in the mining
tenement.
(4) The Minister shall
consider an application under subsection (3)(b) and may —
(a)
grant the application, and the mining tenement shall be endorsed to
reincorporate the land to which the application relates; or
(b)
refuse the application.
(5) Subject to
subsections (3)(a) and (4), land surrendered or deemed to have been
surrendered under this section is not open for mining while the mining
tenement in respect of that land remains in force.
(6) Where part of land
the subject of a mining tenement is surrendered pursuant to
subsection (1), section 95(4) and (5) apply, with such modifications
as the circumstances require, for the purpose of that surrender.
(7) Where part of land
the subject of a mining tenement is deemed to have been surrendered pursuant
to subsection (2), section 95(5) applies, with such modifications as
the circumstances require, for the purpose of that surrender.
(8) Where land the
subject of a mining tenement is surrendered or deemed to have been surrendered
under this section the holder of the mining tenement is entitled to claim
and receive compensation under Part 10 of the
Land Administration Act 1997 as if the land had been taken by the Crown
under that Act.
(9) Section 205
of the Land Administration Act 1997 applies to a claim for compensation
referred to in subsection (8) except that the compensation payable is
limited to compensation for actual loss sustained through damage to buildings
or other structures on the surface of the land.
[Section 26A inserted by No. 22 of 1990
s. 8; amended by No. 54 of 1996 s. 6; No. 31 of 1997
s. 71(13)-(16).]