Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
Act —
(a) all
gold, silver, and any other precious metal existing in its natural condition
on or below the surface of any land whether alienated or not alienated from
the Crown and if alienated whenever alienated, is the property of the Crown;
(b) all
other minerals existing in their natural condition on or below the surface of
any land that was not alienated in fee simple from the Crown before
1 January 1899 are the property of the Crown.
(2) Notwithstanding
anything in this Act or any previous enactment the owner, grantee, lessee or
licensee of, or other person entitled to, any land to which this
section or any corresponding provisions apply, that is not the subject of
a mining tenement, is entitled to use any mineral existing in a natural state
on or below the surface of the land for any agricultural, pastoral, household,
road making, or building purpose, on that land.
[Section 9 amended by No. 12 of 2003
s. 5.]