Western Australian Consolidated Acts

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OFFSHORE MINERALS ACT 2003 - SECT 259

259 .         Work practices

                A person who is a mining licence holder or an associate of the holder, in carrying out activities in the licence area that are authorised by the licence, must take all reasonable steps — 

            (a)         to ensure that the activities are carried out at a standard that is accepted as reasonable and proper in the mining industry; and

            (b)         to maintain in good repair all structures and equipment erected in, or brought into, the licence area by the person; and

            (c)         to remove from the licence area any structure, equipment or other property that — 

                  (i)         belongs to the person, or is under the person’s control; and

                  (ii)         is not being used, or is not going to be used, in connection with the activities.

        Maximum penalty: $20 000.

Note 1:         The safety of offshore exploration and mining activities is governed by the Mines Safety and Inspection Act 1994  — see the definition of “exploration operations” and paragraphs (a) and (j) of the definition of “mining operations” in section 4(1) of that Act.

Note 2:         Under section 38A(3) and (5) the consent of the Minister is required to the carrying out of offshore exploration or mining activities in a marine nature reserve, marine park or marine management area. Section 38A(7) and (8) also contain provisions about the disturbance of certain parts of marine nature reserves and restricted areas.



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