Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 444]
(1) In this Schedule,
unless the contrary intention appears —
Mining Act means the Mining Act 1978 ;
commencement means the day on which this Act comes
into operation.
(2) References in this
Schedule to the limits of the State are to land and waters to which the
Mining Act applies.
2 . Existing exploration licences under Mining Act
for coastal waters
(1) This clause
applies to an exploration licence under the Mining Act that —
(a) is
in force immediately before the commencement; and
(b) is
applicable only to an area that is within the coastal waters.
(2) This clause has
effect despite any provision of the licence concerned.
(3) On the
commencement, an exploration licence to which this clause applies ceases to be
governed by the Mining Act but has effect as if it were an exploration licence
under this Act.
(4) Despite
subclause (3), the holder of such an exploration licence must continue,
during the term of the licence, to comply with the provisions from time to
time of regulations made under the Mining Act relating to expenditure
conditions, as defined in section 8(1) of that Act, for exploration
licences under that Act.
(5) The conditions in
force immediately before the commencement in respect of a licence to which
this clause applies are to be treated, after the commencement, as if they were
licence conditions specified under section 118 in the exploration licence
under this Act referred to in subclause (3).
(6) The term of an
exploration licence under this Act referred to in subclause (3) that has
been in force for more than 3 years but less than 4 years ends
4 years after the day on which it was granted, and may be renewed in
accordance with section 89.
(7) The term of an
exploration licence under this Act referred to in subclause (3) that has
been in force for more than 4 years ends 5 years after the day on
which it was granted, and may be renewed as follows —
(a) for
a term of one year after the day on which that 5 years ends;
(b) for
a term of 2 years after the day on which that one year ends; and
(c) for
a term of 2 years after the day on which that 2 years ends,
but the day on which
the term of 2 years referred to in paragraph (b) ends is not to be
treated as a surrender day under section 104.
(8) If, before the
commencement, section 65(1)(a) of the Mining Act has not become
applicable to an exploration licence to which this clause applies because the
3rd year of the term of the licence has not ended, the licence holder must on
the day on which the 4th year of the term of the licence ends comply with
section 104 as if that day were a surrender day under that section.
(9) If an application
under section 65(1a) of the Mining Act in respect of an exploration
licence to which this clause applies —
(a) has
been made; but
(b) has
not been determined by the Minister before the commencement,
the application is to
be determined under that section as if sections 4(2) and 8 of the
Offshore Minerals (Consequential Amendments) Act 2003 had not come into force.
(10) If an application
referred to in subclause (9) is refused, the holder of the exploration
licence is to comply with section 104 not later than the day provided for
by section 65(1b) of the Mining Act as if that day were a surrender day
under section 104.
3 . Existing mining leases under Mining Act for
coastal waters
(1) This clause
applies to a mining lease under the Mining Act that —
(a) is
in force immediately before the commencement; and
(b) is
applicable only to an area that is within the coastal waters.
(2) This clause has
effect despite any provision of the lease concerned.
(3) On the
commencement, a mining lease to which this clause applies ceases to be
governed by the Mining Act but has effect as if it were a mining licence under
this Act.
(4) Despite
subclause (3), the holder of such a mining licence must continue, during
the term of the licence, to comply with the provisions from time to time of
regulations made under the Mining Act relating to expenditure conditions, as
defined in section 8(1) of that Act, for mining leases under that Act.
(5) The conditions in
force immediately before the commencement in respect of a mining lease to
which this clause applies are to be treated, after the commencement, as if
they were licence conditions specified under this Act in the mining licence
referred to in subclause (3).
(6) The term of a
mining licence referred to in subclause (3) expires when the mining lease
would have expired if it had not ceased to be governed by the Mining Act.
4 . Existing exploration licences under Mining Act
that relate both to coastal waters and to other areas
(1) This clause
applies to an exploration licence under the Mining Act that —
(a) is
in force immediately before the commencement; and
(b) is
applicable to an area that is partly within coastal waters and partly within
the limits of the State.
(2) On the
commencement, an exploration licence to which this clause applies is to be
treated as if it were separate licences in respect of —
(a) the
part of the coastal waters to which it is applicable; and
(b) the
part of land and waters within the limits of the State to which it is
applicable.
(3) The separate
exploration licence created by subclause (2)(a) is to be treated for the
purposes of this Schedule as one to which clause 2 applies.
(4) Despite
subclause (3) —
(a) a
separate exploration licence created by subclause (2) is not to specify a
condition that is inapplicable to the area to which the licence applies; and
(b) the
person who holds the exploration licence that by operation of clause 2
represents the separate exploration licence created by subclause (2)(a)
is not required, in respect of that licence —
(i)
to pay licence fees (or prescribed rent referred to in
clause 9(2)); or
(ii)
to comply with the provisions referred to in
clause 2(4),
so long as the licence
created by subclause (2)(b) is also held by that person.
(5) The Minister must,
on production under subclause (6) of a licence to which this clause
applies —
(a)
endorse on the licence, and enter in the register of mining tenements kept
under the Mining Act, a memorial showing the effect of this Schedule on the
licence; and
(b)
issue a separate exploration licence for the coastal waters concerned.
(6) The holder of a
licence to which this clause applies must, at the request of the Minister,
produce the licence to the Minister for the purposes of subclause (5).
5 . Existing mining leases under Mining Act that
relate both to coastal waters and to other areas
(1) This clause
applies to a mining lease under the Mining Act that —
(a) is
in force immediately before the commencement; and
(b) is
applicable to an area that is partly within coastal waters and partly within
the limits of the State.
(2) On the
commencement, a mining lease to which this clause applies is to be treated as
if it were separate mining leases in respect of —
(a) the
part of the coastal waters to which it is applicable; and
(b) the
part of land and waters within the limits of the State to which it is
applicable.
(3) The separate
mining lease created by subclause (2)(a) is to be treated for the
purposes of this Schedule as one to which clause 3 applies.
(4) Despite
subclause (3) —
(a) a
separate mining lease created by subclause (2) is not to specify a
condition that is inapplicable to the area to which the lease applies; and
(b) the
person who holds the mining licence that by operation of clause 3
represents the separate mining lease created by subclause (2)(a) is not
required, in respect of that mining licence —
(i)
to pay licence fees (or prescribed rent referred to in
clause 9(2)); or
(ii)
to comply with the provisions referred to in
clause 3(4),
so long as the
separate mining lease created by subclause (2)(b) is also held by that
person.
(5) The Minister must,
on production under subclause (6) of a mining lease to which this clause
applies —
(a)
endorse on the lease and enter in the register of mining tenements kept under
the Mining Act, a memorial showing the effect of this Schedule on the lease;
and
(b)
issue a separate mining licence for the coastal waters concerned.
(6) The holder of a
mining lease to which this clause applies must, at the request of the
Minister, produce the lease to the Minister for the purposes of
subclause (5).
(1) The Minister must,
as soon as is practicable after the commencement, enter in the State Offshore
Mining Register provided for by section 328 —
(a) the
particulars specified in section 333(1); and
(b)
particulars of any instrument or document (including a caveat) registered
under the Mining Act,
in respect of each
exploration licence and mining licence that comes under this Act by virtue of
clause 2 or 3, including a licence to which clause 2 or 3 applies by
operation of clause 4 or 5.
(2)
Section 333(2) to (7) apply for the purposes of registration under this
clause.
(3) Section 88
does not apply to an exploration licence or a mining licence referred to in
subclause (1).
The Minister must, as
soon as is practicable after the commencement, establish a document file under
Part 3.1 for each exploration licence and mining licence that comes under this
Act by virtue of clause 2 or 3, including a licence to which
clause 2 or 3 applies by operation of clause 4 or 5.
(1) The Minister may
in writing determine that a licensee is to lodge with the Minister a new
security in respect of —
(a) an
exploration licence referred to in clause 4(3); and
(b) a
mining licence that by operation of clause 3 represents the separate
mining lease referred to in clause 5(3).
(2) A determination
under subclause (1) is to specify —
(a) the
amount of the security required;
(b) the
kind of security required; and
(c) the
manner and form in which and the time within which the security is to be
lodged.
(3)
Sections 399(4) and 400 apply to a security lodged under this clause.
(1) Despite
clause 2 or 3, Part 4.4 does not apply to an exploration licence or a
mining licence that comes under this Act by virtue of clause 2 or 3
(including a licence to which clause 2 or 3 applies by operation of
clause 4 or 5) until the next anniversary, after the commencement, of the
day on which the term of the licence began.
(2) Until that
anniversary the prescribed rent is payable under the Mining Act as if that
Act continued to apply to the licence.
10 . Pending applications under Mining Act that
relate only to coastal waters
(1) This clause
applies to an application for an exploration licence or a mining lease under
the Mining Act —
(a) that
has been made before the commencement and not withdrawn or finally disposed of
by the grant or refusal of the licence or lease; and
(b) that
relates only to an area that is within the coastal waters.
(2) An application to
which this clause applies is to continue to be governed by the Mining Act as
if sections 4(2) and 8 of the Offshore Minerals (Consequential Amendments) Act
2003 had not come into force.
(3) If an application
to which this clause applies results in the grant of an exploration licence or
a mining lease under the Mining Act, the licence or lease, after it is
granted, ceases to be governed by the Mining Act but has effect as if it were
an exploration licence or mining licence under this Act, and the provisions of
this Act apply accordingly.
11 . Pending applications under Mining Act that
relate both to coastal waters and other areas
(1) This clause
applies to an application for an exploration licence or a mining lease under
the Mining Act —
(a) that
has been made before the commencement and not withdrawn or finally disposed of
by the grant or refusal of the licence or lease; and
(b) that
relates to an area that is partly within the coastal waters and partly within
the limits of the State.
(2) An application to
which this clause applies is to continue to be governed by the Mining Act as
if sections 4(2) and 8 of the Offshore Minerals (Consequential Amendments) Act
2003 had not come into force.
(3) If an application
to which this clause applies results in the grant of an exploration licence or
a mining lease under the Mining Act, the licence or lease is to be treated as
if it were a separate licence or lease in respect of —
(a) the
part of the coastal waters to which it is applicable; and
(b) the
part of land and waters within the limits of the State to which it is
applicable.
(4) A separate
exploration licence created by subclause (3)(a), after it is granted,
ceases to be governed by the Mining Act but has effect as if it were an
exploration licence under this Act, and the provisions of this Act apply
accordingly.
(5) A separate mining
lease created by subclause (3)(a), after it is granted, ceases to be
governed by the Mining Act but has effect as if it were a mining licence under
this Act, and the provisions of this Act apply accordingly.
12 . Powers in relation to transitional provisions
(1) If there is no
sufficient provision in this Schedule for any matter or thing necessary or
convenient to give effect to the transition from the Mining Act to this Act
the Governor may make that provision by order published in the Gazette .
(2) If in the opinion
of the Minister an anomaly arises in the carrying out of the provisions of
this Schedule the Governor may by order published in the Gazette —
(a)
modify those provisions to remove the anomaly; and
(b) make
such provision as is necessary or expedient to carry out the intention of
those provisions.
(3) An order under
this clause may be made so as to have effect from the commencement.
(4) To the extent that
a provision of an order published under this clause after the commencement has
effect from the commencement, the provision does not operate so
as —
(a) to
affect, in a manner prejudicial to any person (other than the State) the
rights of that person existing before the day of its publication; or
(b) to
impose liabilities on any person (other than the State) in respect of anything
done or omitted to be done before the day of publication.
(5) The Minister must
cause an order under this clause to be laid before each House of Parliament
within 6 sitting days of that House after its publication in the Gazette