Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MINING ACT 1978 - SECT 85

85 .         Rights of holder of mining lease

        (1)         Subject to this Act and to any conditions to which the mining lease is subject, a mining lease authorises the lessee thereof and his agents and employees on his behalf to —

            (a)         work and mine the land in respect of which the lease was granted for any minerals; and

            (b)         take and remove from the land any minerals and dispose of them; and

            (c)         take and divert subject to the Rights in Water and Irrigation Act 1914 , or any Act amending or replacing the relevant provisions of that Act, water from any natural spring, lake, pool or stream situate in or flowing through such land or from any excavation previously made and used for mining purposes, and subject to that Act to sink a well or bore on such land and take water therefrom and to use the water so taken for his domestic purposes and for any purpose in connection with mining for minerals on the land; and

            (d)         do all acts and things that are necessary to effectually carry out mining operations in, on or under the land.

        (2)         Subject to this Act and to any conditions to which the mining lease is subject, the lessee of a mining lease —

            (a)         is entitled to use, occupy, and enjoy the land in respect of which the mining lease was granted for mining purposes; and

            (b)         owns all minerals lawfully mined from the land under the mining lease.

        (3)         The rights conferred by this section are exclusive rights for mining purposes in relation to the land in respect of which the mining lease was granted.

        [Section 85 amended: No. 100 of 1985 s. 58; No. 39 of 2004 s. 34.]



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback