Western Australian Consolidated Acts Western Australian Consolidated Acts Section 111A of
the principal Act is amended by repealing subsection (1) and substituting
the subsection following —
“
(1) Where an
application is made for a mining tenement but in respect of the whole or any
part of the land to which the application relates —
(a) a
person who in relation to that 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, subsequently applies (in the manner prescribed for the purposes
of section 78 notwithstanding that the application was not made during
the final year of the term of that lease) for the renewal of that mining lease
with effect from the expiry of the preceding term 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 applicant has continued
to observe those requirements as if the term of the lease had not expired,
determines that the subsequent application for renewal of the expired lease
should be approved and grants that renewal; or
(b) the
Minister is satisfied on reasonable grounds in the public interest
that —
(i)
the land should not be disturbed; or
(ii)
the application in question should not be granted,
the Minister may, by
notice served on the warden to whom the first-mentioned application for a
mining tenement has been made, refuse that application, whether or not the
application has been heard by the warden.
”.