Western Australia
Mining Legislation Amendment Act 2014
Contents
Part 1 — Preliminary
1.Short title1
2.Commencement1
Part 2 — Mining Act 1978 amended
3.Act amended1
4.Section 58 amended1
5.Section 70C amended1
6.Section 74 amended1
7.Section 162 amended1
8.Various references to “a prescribed official” amended1
Part 3 — Mining Rehabilitation Fund Act 2012 amended
9.Act amended1
10.Section 7 amended1
11.Section 9A inserted1
9A.Liability for rehabilitation costs1
12.Section 13 amended1
13.Section 15 amended1
14.Section 37A inserted1
37A.Giving notice to 2 or more holders of mining authorisation1
Western Australia
Mining Legislation Amendment Act 2014
An Act to amend the Mining Act 1978 and the Mining Rehabilitation Fund Act 2012.
[Assented to 22 April 2014]
The Parliament of Western Australia enacts as follows:
This is the Mining Legislation Amendment Act 2014.
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 — Mining Act 1978 amended
This Part amends the Mining Act 1978.
In section 58(1)(b)(ii) and (1aa)(c) delete “programme of”.
In section 70C(1)(e)(i) delete “programme of”.
Delete section 74(5) and (6).
(1)Delete section 162(2)(x) and insert:
(x)authorise and regulate the copying, storage, making available for public inspection, release, publication and dissemination of information contained in a mining tenement document;
(2)Delete section 162(2a) and (3A) and insert:
(3A)Subsection (2)(x) applies to information irrespective of when the mining tenement document was made, lodged, given or provided (as the case may be).
(3B)In subsections (2) and (3A) —
mining tenement document means any of the following —
(a)an application for a mining tenement;
(b)a document that accompanies, or is furnished in relation to, an application for a mining tenement;
(c)an agreement, claim, report, notice of objection, security, or any other document, in respect of a mining tenement;
(d)a document containing any other information supplied under this Act to the Minister, a warden or any official of the Department.
8.Various references to “a prescribed official” amended
In the provisions listed in the Table delete “a prescribed official” (each occurrence) and insert:
the Director General of Mines
Table
|
s. 46(aa)(ii) |
s. 63(aa)(ii) |
|
s. 70H(1)(aa)(ii) |
s. 82(1) |
|
s. 84AA |
|
Part 3 — Mining Rehabilitation Fund Act 2012 amended
This Part amends the Mining Rehabilitation Fund Act 2012.
Before section 7(a) insert:
(aa)any amount paid or recovered under section 9A; and
At the end of Part 2 insert:
9A.Liability for rehabilitation costs
(1)In this section —
declaration day, in relation to land declared to be an abandoned mine site, means the day on which the notice under section 9(1) for that land came into operation.
(2)Subsection (3) applies if money is applied under section 8(1)(a) or (2)(a) to fund the rehabilitation of land that is an abandoned mine site affected by mining operations.
(3)Each person who, on declaration day for the land, was liable to comply with an obligation —
(a)under or in relation to the mining authorisation under which the mining operations were carried out; and
(b)requiring the rehabilitation of the land,
is jointly and severally liable to pay to the Fund the amount applied.
(4)An amount payable under subsection (3) may be recovered by the CEO in a court of competent jurisdiction as a debt due to the State.
(1)In section 13 delete “The amount” and insert:
(1)The amount
(2)At the end of section 13 insert:
(2)The CEO may make available to the public, in the form and in the manner that the CEO considers appropriate, details of how a particular levy amount is worked out.
After section 15(2) insert:
(3)The CEO may make available to the public, in the form and in the manner that the CEO considers appropriate, any assessment information given under subsection (2).
After section 36 insert:
37A.Giving notice to 2 or more holders of mining authorisation
(1)In this section —
notice means a notice that is required or permitted to be given under this Act.
(2)If there are 2 or more holders of a mining authorisation, they may, when giving assessment information in relation to the mining authorisation under section 15(2), nominate the address of one of them, or the address of their agent, as their address for the giving of a notice under this Act.
(3)If there are 2 or more holders of a mining authorisation —
(a)if they have nominated an address under subsection (2), a notice may be given to them by sending it to that address; and
(b)if no nomination is made under subsection (2), a notice may be given to them by giving it to one of the holders; and
(c)when a notice is given in accordance with paragraph (a) or (b), it is to be taken to have been given to each of them, as the case requires.
