Western Australia
Approvals and Related Reforms (No. 2) (Mining) Act 2010
CONTENTS
Part 1 — Preliminary matters
1. Short title 2
2. Commencement 2
Part 2 — Mine closure plans, and other measures to minimise damage to land, under Mining Act 1978
3. Act amended 3
4. Section 6 amended 3
5. Section 46A amended 3
6. Section 63AA amended 3
7. Section 70I amended 4
8. Section 70O amended 4
9. Section 82 amended 5
10. Section 84AA inserted 5
84AA. Review of mine closure plans 5
11. Section 84 amended 6
12. Section 123 amended 6
Part 3 — Lodgment of documents under Mining Act 1978
13. Act amended 7
14. Section 8 amended 7
15. Section 20A amended 7
16. Section 41 amended 7
17. Section 42 amended 8
18. Section 51 amended 8
19. Section 52 amended 8
20. Section 56A amended 8
21. Section 58 amended 8
22. Section 59 amended 9
23. Section 60 amended 9
24. Section 67A amended 9
25. Section 68 amended 10
26. Section 70 amended 10
27. Section 70C amended 10
28. Section 70D amended 11
29. Section 70F amended 11
30. Section 70H amended 12
31. Section 74 amended 12
32. Section 75 amended 13
33. Section 82 amended 13
34. Section 84A amended 13
35. Section 97A amended 13
36. Section 105A amended 14
37. Section 115A amended 15
38. Section 115B amended 15
39. Section 122A amended 15
40. Section 123 amended 16
41. Section 136 amended 16
42. Section 162 amended 16
43. Second Schedule clause 13 amended 17
Western Australia
Approvals and Related Reforms (No. 2) (Mining) Act 2010
No. 12 of 2010
An Act to amend the Mining Act 1978 and for related purposes.
[Assented to 3 June 2010]
The Parliament of Western Australia enacts as follows:
Part 1 — Preliminary matters
1. Short title
This is the Approvals and Related Reforms (No. 2) (Mining) Act 2010.
2. Commencement
This Act comes into operation as follows —
(a) Part 1 — on the day on which this Act receives the Royal Assent;
(b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.
Part 2 — Mine closure plans, and other measures to minimise damage to land, under Mining Act 1978
3. Act amended
This Part amends the Mining Act 1978.
4. Section 6 amended
After section 6(2) insert:
(3) Whenever a provision of the Contaminated Sites Act 2003 is inconsistent with a provision of this Act or a mining tenement, the provision of the Contaminated Sites Act 2003 prevails.
5. Section 46A amended
In section 46A(1):
(a) delete “natural surface of the”;
(b) after “anything on” insert:
or below
6. Section 63AA amended
In section 63AA(1):
(a) delete “natural surface of the”;
(b) after “anything on” insert:
or below
7. Section 70I amended
In section 70I(1):
(a) delete “natural surface of the”;
(b) after “anything on” insert:
or below
8. Section 70O amended
(1) In section 70O(1) insert in alphabetical order:
mine closure plan means a document that —
(a) is in the form required by the guidelines; and
(b) contains information of the kind required by the guidelines about the decommissioning of each proposed mine, and the rehabilitation of the land, in respect of which a mining lease is sought or granted, as the case requires;
relevant mining proposal, in relation to a mining lease, means —
(a) a mining proposal that accompanied the application for the mining lease under section 74(1)(ca); or
(b) a mining proposal for which there is approval as described in section 82A(2)(b).
(2) In section 70O(1) in the definition of mining proposal:
(a) in paragraph (b) delete “requires;” and insert:
requires; and
(b) after paragraph (b) insert:
(c) contains a mine closure plan;
9. Section 82 amended
(1) After section 82(1)(f) insert:
(ga) in accordance with section 84AA —
(i) review the mine closure plan contained in a relevant mining proposal; and
(ii) obtain the written approval for the reviewed mine closure plan from a prescribed official;
(2) Delete section 82(1a).
10. Section 84AA inserted
After section 83 insert:
84AA. Review of mine closure plans
(1) The lessee of a mining lease must ensure that the mine closure plan contained in a relevant mining proposal is reviewed —
(a) in the case of a mining proposal that accompanied the application for the mining lease under section 74(1)(ca), no later than 3 years after the lease is granted; or
(b) in the case of a mining proposal for which there is approval as described in section 82A(2)(b), no later than 3 years after the approval; or
(c) no later than such other time as is approved in writing by a prescribed official.
(2) The lessee of a mining lease must ensure that a mine closure plan is reviewed no later than —
(a) 3 years after its most recent review; or
(b) such other time as is approved in writing by a prescribed official.
(3) The lessee of a mining lease must ensure that a reviewed mine closure plan is lodged, for the approval of a prescribed official, in the prescribed manner and within the prescribed time.
11. Section 84 amended
In section 84(1):
(a) delete “natural surface of the”;
(b) after “anything on” insert:
or below
12. Section 123 amended
In section 123(4)(b) delete “natural surface of the”.
Part 3 — Lodgment of documents under Mining Act 1978
13. Act amended
This Part amends the Mining Act 1978.
14. Section 8 amended
In section 8(1) delete the definition of the office of the mining registrar.
15. Section 20A amended
In section 20A(3):
(a) in paragraph (b) delete “at the office of the mining registrar or the principal office of the Department at Perth; and” and insert:
in the prescribed manner; and
(b) after paragraph (a) insert:
and
16. Section 41 amended
In section 41(1):
(a) in paragraph (e) delete “at the office of the mining registrar;” and insert:
in the prescribed manner; and
(b) after each of paragraphs (a), (b) and (c) insert:
and
17. Section 42 amended
In section 42(1) delete “at the office of the mining registrar”.
18. Section 51 amended
In section 51 delete “with the Department at Perth”.
19. Section 52 amended
(1) In section 52(1) delete “at the office of the mining registrar” and insert:
in the prescribed manner and
(2) In section 52(1a) delete “lodge at the office of the mining registrar or the Department at Perth,” and insert:
lodge, in the prescribed manner and
20. Section 56A amended
In section 56A(5a) delete “period, lodge at the office of the mining registrar” and insert:
period and in the prescribed manner, lodge
21. Section 58 amended
(1) In section 58(1):
(a) in paragraph (d) delete “at the office of the mining registrar; and” and insert:
in the prescribed manner; and
(b) after each of paragraphs (a), (b) and (c) insert:
and
(c) in paragraph (b) after each of subparagraphs (i) and (ii) insert:
and
(2) Delete section 58(1a).
22. Section 59 amended
In section 59(1) delete “at the office of the mining registrar”.
23. Section 60 amended
(1) In section 60(1) delete “lodge at the office of the mining registrar” and insert:
lodge, in the prescribed manner and
(2) In section 60(1a) delete “lodge at the office of the mining registrar or the Department at Perth,” and insert:
lodge, in the prescribed manner and
24. Section 67A amended
In section 67A(6a)(c) delete “at the office of the mining registrar.” and insert:
in the prescribed manner.
25. Section 68 amended
In section 68(3) delete “with the Department at Perth”.
26. Section 70 amended
In section 70(5a) delete “period, lodge at the office of the mining registrar” and insert:
period and in the prescribed manner, lodge
27. Section 70C amended
(1) In section 70C(1):
(a) in paragraph (d) delete “at the office of the mining registrar;” and insert:
in the prescribed manner; and
(b) in paragraph (e)(ii) delete “work; and” and insert:
work.
(c) delete paragraph (f);
(d) after each of paragraphs (a), (b) and (c) insert:
and
(2) After section 70C(1) insert:
(2A) An applicant is to lodge within the prescribed time and in the prescribed manner a statutory declaration made by the applicant to the effect that —
(a) there is an identified mineral resource in the area in respect of which the licence is sought; and
(b) mining of that identified mineral resource is for the time being impracticable for one or more of the reasons referred to in subsection (2) (that reason or those reasons being set out in the statutory declaration).
(3) In section 70C(2) delete “(1)(f)(ii)” and insert:
(2A)(b)
28. Section 70D amended
In section 70D(1) delete “at the office of the mining registrar”.
29. Section 70F amended
(1) In section 70F(1) delete “lodge at the office of the mining registrar,” and insert:
lodge, in the prescribed manner and
(2) In section 70F(2) delete “lodge at the office of the mining registrar or the Department at Perth,” and insert:
lodge, in the prescribed manner and
30. Section 70H amended
In section 70H(1)(f) delete “lodge with the Department at Perth” and insert:
lodge, in the prescribed manner,
31. Section 74 amended
(1) In section 74(1):
(a) in paragraph (d) delete “at the office of the mining registrar.” and insert:
in the prescribed manner.
(b) after each of paragraphs (a), (b) and (c) insert:
and
(2) After section 74(1) insert:
(1AA) Instead of accompanying an application for a mining lease under subsection (1)(ca), a mining proposal may be lodged within the prescribed time and in the prescribed manner and, if so lodged, is to be treated for the purposes of this Division as a mining proposal that accompanied the application for the mining lease under section 74(1)(ca).
32. Section 75 amended
In section 75(1) delete “at the office of the mining registrar”.
33. Section 82 amended
In section 82(1)(e) delete “lodge with the Department at Perth” and insert:
lodge, in the prescribed manner,
34. Section 84A amended
(1) In section 84A(1) delete “lodge at the office of the mining registrar,” and insert:
lodge, in the prescribed manner and
(2) In section 84A(2) delete “lodge at the office of the mining registrar or the Department at Perth,” and insert:
lodge, in the prescribed manner and
35. Section 97A amended
(1) In section 97A(3):
(a) in paragraph (b) delete “at the office of the mining registrar; and” and insert:
in the prescribed manner; and
(b) after paragraph (a) insert:
and
(2) In section 97A(6) delete “at the office of the mining registrar”.
36. Section 105A amended
(1) In section 105A(3):
(a) delete “same time,” and insert:
same time or within a prescribed period,
(b) delete “at the office of the mining registrar” and insert:
in the prescribed manner and
(2) In section 105A(4)(a) delete “at the office of the mining registrar;” and insert:
in the prescribed manner;
(3) In section 105A(4)(b):
(a) in subparagraph (ia) delete “at the office of the mining registrar;” and insert:
in the prescribed manner;
(b) in subparagraph (ii) delete “at the office of the mining registrar;” and insert:
in the prescribed manner;
37. Section 115A amended
In section 115A(3) delete “with the Department at Perth” and insert:
in the prescribed manner
38. Section 115B amended
In section 115B(2) delete “with the Department at Perth” and insert:
in the prescribed manner and
39. Section 122A amended
(1) In section 122A(1) delete “lodge at the Department at Perth or at the office of the mining registrar —” and insert:
lodge —
(2) In section 122A(2) delete “at the Department at Perth or at the office of the mining registrar”.
(3) In section 122A(3):
(a) after paragraph (a) insert:
(ba) be lodged in the prescribed manner; and
(b) after each of paragraphs (a), (b) and (c) insert:
and
40. Section 123 amended
In section 123(3)(a) delete “lodged at the office of the mining registrar and”.
41. Section 136 amended
After section 136(2) insert:
(3) The rules of court may provide for documents to be lodged with or issued by a warden’s court, or served, in an electronic form.
42. Section 162 amended
(1) After section 162(2)(d) insert:
(ea) provide for matters relating to the lodgment, in electronic form, of mining tenement documents;
(eb) provide for the time at which a mining tenement document is to be taken to have been lodged;
(2) In section 162(2)(ka)(v) delete “surveys with the Department;” and insert:
surveys;
(3) After section 162(2)(rb) insert:
(rca) provide for documents for use in Part IV proceedings to be lodged with or issued by the warden, or served, in electronic form;
(4) After section 162(2a) insert:
(3A) In subsection (2) —
mining tenement document means —
(a) an application for a mining tenement; or
(b) an agreement, claim, notice of objection, security, or any other document, in respect of a mining tenement.
43. Second Schedule clause 13 amended
In the Second Schedule clause 13 delete “registrar.” and insert:
registrar of the mineral field or district in which the largest portion of the land to which the application relates is situated.
