Western Australia: Mining Act 1978 (WA)

Western Australia Mining Act 1978 Western Australia Mining Act 1978 Contents Part I — Preliminary 1. Short title 1 2. Commencement 1 4. Transitional provisions 1 5. Saving 1 6. Operation of this Act 1 8. Terms used 1 8A. Rights in respect of oil shale or coal 1 9. Gold, silver and other precious metals property of Crown 1 9A. Effect of change of baseline 1 9B. Position on Earth's surface 1 Part II — Administration, mineral fields and courts 10. Administration of Act 1 11. Chief executive officer and other officers 1 12. Delegation 1 13. Wardens of mines, mining registrar 1 15. Prohibition from adjudicating in certain matters or from using certain information 1 16. Constitution of mineral fields and dealings with Crown land in them 1 17. Designated tenement contact 1 Part III — Land open for mining Division 1 — Crown land 18. Crown land open for mining 1 19. Minister may exempt land from mining etc. 1 20. Protection of certain Crown land 1 21. Power to resume land 1 22. Effect of resumption 1 Division 2 — Public reserves, etc. and Commonwealth land 23. Mining on public reserves etc. and Commonwealth land 1 24. Classification of reserves 1 24A. Mining in marine reserves 1 25. Mining on foreshore, sea bed, navigable waters or townsite 1 25A. Mining on Commonwealth land 1 26. Terms and conditions 1 26A. Mining tenements within townsites 1 Division 3 — Private land 27. Private land open for mining 1 28. Unlawful entry on private land 1 29. Granting of mining tenements in respect of private land 1 30. Granting of permits in respect of private land 1 31. Holder of permit to give notice to owner and occupier 1 32. Rights conferred by a permit 1 33. Application for mining tenement by permit holder 1 35. Compensation to be agreed upon or determined before mining operation commences 1 37. Application to bring certain private land under this Division 1 38. Right of owner to apply for mining tenement 1 39. Owner to comply with mining tenement conditions 1 Part IIIA — Miner's rights and related permits 40A. Terms used 1 40B. Conservation land 1 40C. Issue of miner's right 1 40D. Authorisation under miner's right 1 40E. Permit to prospect on Crown land or conservation land subject of exploration licence 1 40F. Power to remove Crown land or conservation land from operation of s. 40E 1 40G. Limitation on actions in tort 1 Part IV — Mining tenements Division 1 — Prospecting licence 40. Grant of prospecting licence 1 41. Application for prospecting licence 1 42. Determination of application for prospecting licence 1 43. Prospecting licence not to include land already subject of mining tenement 1 44. Power to grant prospecting licence over all or part of land in application 1 45. Term of prospecting licence 1 46. Conditions attached to every prospecting licence 1 46A. Conditions for prevention or reduction of injury to land 1 47. Survey of area of prospecting licence not required in first instance 1 48. Rights conferred by prospecting licence 1 49. Holder of prospecting licence to have priority for grant of mining leases or general purpose leases 1 50. Compliance with expenditure conditions 1 51. Reports of work and expenditure 1 51A. Geological samples 1 52. Security relating to prospecting licence 1 53. Application for retention status 1 54. Approval of retention status 1 55. Consultation with other Ministers 1 55A. Programme of work 1 55B. Holder of prospecting licence with retention status may be required to apply for mining lease 1 56. Appeal against refusal to grant prospecting licence 1 56A. Special prospecting licences 1 56B. Certain licence holders to have right to apply for further prospecting licence 1 Division 2 — Exploration licence 56C. Graticular sections 1 57. Grant of exploration licence 1 57A. Designation of areas for purposes of s. 57(2aa) 1 58. Application for exploration licence 1 59. Determination of application for exploration licence 1 60. Security relating to exploration licence 1 61. Term of exploration licence 1 62. Expenditure conditions 1 63. Condition attached to exploration licence 1 63AA. Conditions for prevention or reduction of injury to land 1 63A. When exploration licence liable to forfeiture 1 64. Consent to dealing in exploration licence 1 65. Surrender of certain areas subject to exploration licence 1 66. Rights conferred by exploration licence 1 67. Holder of exploration licence to have priority for grant of mining leases or general purpose leases 1 67A. Holder of exploration licence may apply to amalgamate secondary tenement 1 68. Holder of exploration licence to keep geological records 1 69. Land the subject of exploration licence not to be again marked out for a certain period 1 69A. Application for retention status 1 69B. Approval of retention status 1 69C. Consultation with other Ministers 1 69D. Programme of work 1 69E. Holder of exploration licence with retention status may be required to apply for mining lease 1 70. Special prospecting licence on an exploration licence 1 Division 2A — Retention licence 70A. Term used: primary tenement 1 70B. Grant of retention licence 1 70C. Application for retention licence 1 70D. Determination of application for retention licence 1 70E. Term of retention licence and renewal 1 70F. Security relating to retention licence 1 70G. Survey of area of retention licence not required in first instance 1 70H. Conditions attached to retention licence 1 70I. Conditions for prevention or reduction of injury to land 1 70IA. Programme of work 1 70J. Rights conferred by retention licence 1 70K. When retention licence liable to forfeiture 1 70L. Holder of retention licence to have priority for grant of mining lease or general purpose lease 1 70M. Holder of retention licence to show cause why mining lease should not be applied for 1 70N. Land subject of retention licence not to be again marked out for certain period 1 Division 3 — Mining lease 70O. Terms used 1 70P. Guidelines to be publicly available 1 71. Grant of mining lease 1 72. Person may be granted more than one mining lease 1 73. Area of mining lease may be less than area sought 1 74. Application for mining lease 1 74A. Report on significant mineralisation required for certain applications 1 75. Determination of application for mining lease 1 76. Priorities as to mining tenements 1 78. Term of leases, options and renewals 1 79. Approval of application 1 80. Surveys of mining leases 1 82. Covenants and conditions of lease 1 82A. Condition to be included in certain mining leases 1 83. Issue of mining leases 1 84AA. Review of mine closure plans 1 84. Conditions for prevention or reduction of injury to land 1 84A. Security relating to mining lease 1 85. Rights of holder of mining lease 1 85A. Land the subject of mining lease not to be again marked out for a certain period 1 85B. Special prospecting licence on a mining lease 1 Division 4 — General purpose lease 86. Grant of general purpose lease 1 87. Purposes for which general purpose lease may be granted 1 88. Term of general purpose lease 1 89. Form of general purpose lease 1 90. Application of certain provisions to general purpose leases 1 Division 5 — Miscellaneous licences 91. Grant of miscellaneous licence 1 91A. Term and renewal of existing licence or licence granted in respect of existing application 1 91B. Term and renewal of licence granted in respect of new application 1 92. Provisions applying to all miscellaneous licences 1 93. Map to accompany application 1 94. Terms and conditions 1 94A. Grant of mining tenement on land in a miscellaneous licence 1 94B. Surrender, forfeiture or expiry of concurrent tenement 1 Division 6 — Surrender and forfeiture of mining tenements 95. Surrender of mining tenement 1 95A. Exploration licence — surrender of part of block 1 96. Forfeiture of certain mining tenements 1 96A. Forfeiture of exploration licence or retention licence 1 97. Forfeiture of mining lease or general purpose lease 1 97A. Application for restoration of mining tenement after forfeiture 1 98. Application for forfeiture on other grounds 1 99. Proceedings by Minister on recommendation 1 100. Applicant to have priority for marking out and applying for surrendered or forfeited licence or lease 1 101. Application for forfeiture of mining tenement while holder is a company in process of winding up 1 Division 7 — Exemption from expenditure conditions 102. Exemption from expenditure conditions 1 102A. Exemption from expenditure conditions in respect of certain holders of exploration licences 1 103. Effect of exemption 1 Part IVA — Registration of instruments and register 103A. Terms used 1 103B. Authorised officers 1 103C. Registration 1 103D. Provisional lodgment 1 103EA. Memorial for unpaid tax 1 103E. Priority of dealings 1 103F. Register 1 103G. Amendment of register 1 103H. Regulations relating to register 1 Part V — General provisions relating to mining and mining tenements 104. Entry on land for purpose of marking out, surveying etc. 1 105. Marking out of mining tenement 1 105A. Priorities between applicants for certain tenements 1 105B. Grant of tenement subject to survey 1 106. Offence of destroying marks or obstructing surveyor etc. 1 107. Areas covered by water not required to be marked out 1 108. Rent payable for mining tenement 1 109. Royalties 1 109A. Verification of royalties payable 1 110. Mining lease restricted to certain minerals 1 111. Iron authorisations 1 111A. Minister may terminate or summarily refuse certain applications 1 112. Reservation in favour of Crown on prospecting licence or exploration licence to take rock etc. 1 113. Repossession of land on expiry, surrender or forfeiture of mining tenement 1 114. Removal of mining plant on expiry, surrender or forfeiture of mining tenement 1 114A. Rights conferred under mining tenement exercisable in respect of mining product belonging to Crown 1 114B. Continuation of liability after expiry, surrender or forfeiture of mining tenement 1 114C. Right to enter land to carry out remedial work after expiry, surrender or forfeiture of mining tenement 1 115. Power to enter on land for surveys 1 115A. Mineral exploration reports 1 115B. Verification of expenditure amounts in operations reports 1 116. Instrument of licence or lease 1 117. Mining tenements protected 1 118. Notice of application to be given to lessee of pastoral lease or diversification lease 1 118A. Tenement holder may authorise mining by third party 1 119. Mining tenement may be sold, encumbered etc. 1 119A. Mining tenement may be mortgaged 1 120. Planning schemes to be considered but not to derogate from this Act 1 120AA. Scheme for reversion licence applications 1 Part VI — Caveats 121. Terms used 1 122. Certain surrenders not affected by this Part 1 122A. Lodgment of caveats 1 122B. Provisional lodgment 1 122C. Caveats deemed to be lodged against later tenements 1 122D. Effect of caveat 1 122E. Duration of caveat 1 Part VII — Compensation 123. Compensation in respect of mining 1 124. Matters to be considered by warden's court in relation to compensation 1 125. Limitation on compensation 1 125A. Liability for payment of compensation to native title holders 1 126. Securities 1 Part VIII — Administration of justice 127. Establishment of wardens' courts 1 128. Warden's court to be court of record 1 129. Signing of process 1 130. Times for holding warden's court 1 131. Power of warden to act in absence of warden usually presiding 1 132. Jurisdiction of warden's court 1 133. Offences to be dealt with by magistrate 1 134. Powers of warden's court 1 135. Summary determination by warden by consent 1 136. Practice and procedure in warden's court 1 137. Records of evidence 1 138. Mode of trial 1 139. Contempt of court 1 140. Judgments, enforcement of 1 142. Informality and amendment 1 143. Grant of injunction affecting mining tenement to be notified 1 146. Reservation of questions of law: hearing and determination 1 147. Appeal to Supreme Court 1 148. Procedure on appeal 1 149. Power of Supreme Court on appeal 1 150. Withdrawal or failure to prosecute appeal 1 151. Limitation of right of appeal 1 Part IX — Miscellaneous and regulations 152. Police to assist warden 1 153. Minor capable of being sued and of suing 1 154. General penalty 1 154A. Liability of officers for offence by body corporate 1 155. Offence of mining without authority 1 155A. Aerial survey work 1 156. Offences 1 157. Obstruction of persons authorised to mine under this Act 1 158. Power to require information as to right to mine 1 159. Disputes between licensees and other persons 1 160. Saving of civil remedies 1 160AA. Authority to perform certain functions of LAA Minister under this Act 1 160A. Immunity of Minister, wardens and officials 1 160B. Time limit for prosecution action 1 160C. No right of appeal from certain decisions of warden, mining registrar or Minister 1 160D. Persons before whom affidavit may be sworn 1 161. Evidentiary provisions 1 162A. Certain things are not personal property for purposes of Personal Property Securities Act 2009 (Cwlth) 1 162B. Extension of prescribed period or time 1 162. Regulations 1 163. Review of Act 1 Second Schedule — Transitional provisions Division 1 — Provisions relating to transition from repealed Act 1. Continuation of certain temporary reserves and rights of occupancy 1 2. Certain gold mining leases, coal mining leases and mineral leases to become mining leases 1 3. Rights conferred on holders of certain mineral claims and dredging claims 1 4. Rights conferred on holders of certain miners' homestead leases, residential leases, residence areas, business areas and garden areas 1 5. Continuation of mining tenements held by virtue of miners' rights 1 6. Temporary continuation of certain machinery areas, tailings areas, quarrying areas and water rights 1 7. Continuation of certain licences 1 8. Disposal of pending applications for mining tenements 1 9. Rights of holders of certain prospecting areas 1 10. Transitional provisions relating to mortgages 1 11. Officers 1 12. Warden's courts and warden's offices 1 13. Lodging of certain applications 1 13A. Consents to follow land 1 14. References to repealed Act 1 15. Prevention of anomalies during transitional period 1 Division 2 — Provisions relating to Mining Amendment Act 2012 16. Miner's rights 1 17. Surrender requirements 1 18. Commonwealth land 1 19. Time limit for prosecution action 1 Third Schedule — Private land not open for mining Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Mining Act 1978 An Act to consolidate and amend the law relating to mining and for incidental and other purposes. Part I — Preliminary 1. Short title This Act may be cited as the Mining Act 1978. 2. Commencement (1) The long title, the heading Part I — Preliminary, section 1, this section, the heading Second Schedule, and clause 3 of the Second Schedule shall come into operation on the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act shall come into operation on a date to be fixed by proclamation. [3. Omitted under Reprints Act 1984 s. 7(4)(f).] 4. Transitional provisions The transitional provisions set forth in the Second Schedule, as from time to time modified to prevent anomalies or otherwise affected by the operation of clause 15 of that Schedule, shall have effect without prejudice, except in so far as those transitional provisions are not consistent with such an application, to the application of — (a) in so far as that Act applies, the Interpretation Act 1918 1 and in particular sections 15 and 16 thereof; and (b) in any other case, the Interpretation Act 1984 and in particular Part V thereof. [Section 4 inserted: No. 100 of 1985 s. 3.] 5. Saving (1) Nothing in this Act shall affect the provisions of any Act in force on the commencing date that approves or ratifies any agreement to which the State is a party and under which a party to the agreement is authorised or required to carry out any mining operations pursuant to the agreement. (2) Notwithstanding anything in the Second Schedule Division 1, a party to an agreement referred to in subsection (1) — (a) who is the holder of an existing mining tenement under that agreement may continue, subject to that agreement, to exercise the rights conferred by that mining tenement; or (b) to whom an existing right of occupancy has been granted under section 276 of the repealed Act or that agreement, or under both section 276 of the repealed Act and that agreement, as the case requires, may continue, subject to that agreement, to exercise that right of occupancy, as though the repealed Act had not been repealed. (3) Subject to the relevant agreement referred to in subsection (1), a person may, in accordance with this Act, apply for a mining tenement in respect of an area or part thereof that is the subject of a mineral lease granted in accordance with that agreement. [Section 5 amended: No. 69 of 1981 s. 5; No. 51 of 2012 s. 4.] 6. Operation of this Act (1) This Act shall be read and construed subject to the Environmental Protection Act 1986, to the intent that if a provision of this Act is inconsistent with a provision of that Act, the first‑mentioned provision shall, to the extent of the inconsistency, be deemed to be inoperative. (1a) Notwithstanding subsection (1) and section 5 of the Environmental Protection Act 1986, in the case of an application for a mining lease accompanied by the documentation referred to in section 74(1)(ca)(ii) — (a) only the applicant can refer a proposal to which the application relates under section 38(1) of that Act; and (b) section 38(4) of that Act does not apply to such a proposal. (1b) In subsection (1a) — proposal has the meaning given to that term in section 3(1) of the Environmental Protection Act 1986. (1c) Subsection (1a) does not apply to an application for a mining lease made pursuant to a Government agreement as defined in section 2 of the Government Agreements Act 1979. (1d) If a mining lease is granted on an application referred to in subsection (1a), nothing in that subsection affects the application of section 38 or 38A of the Environmental Protection Act 1986 to — (a) a programme of work lodged by the holder of the mining lease in compliance with the condition referred to in section 82(1)(ca); or (b) a mining proposal lodged by the holder of the mining lease in compliance with the condition referred to in section 82A. (2) Notwithstanding anything in this Act — (a) a local government is not required to hold a mining tenement to — (i) exercise the power given to it by section 3.27 of, and clause 3 of Schedule 3.2 to, the Local Government Act 1995; or (ii) remove from local government property (as defined in that Act), rock, stone, clay, sand or gravel for use in the construction of local government facilities; and (b) if a local government leases local government property to another person, that person is not required to hold a mining tenement to remove from that land, rock, stone, clay, sand or gravel for use in the construction of local government facilities, unless the Minister requires that person to hold a tenement. (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. (4) The operation of this Act is subject to the Alumina Refinery (Mitchell Plateau) Agreement Act 1971 sections 5B and 5C. [Section 6 amended: No. 100 of 1985 s. 4; No. 77 of 1986 s. 8; No. 14 of 1996 s. 4; No. 39 of 2004 s. 26; No. 12 of 2010 s. 4; No. 31 of 2015 s. 9; No. 40 of 2020 s. 116(2).] [7. Deleted: No. 122 of 1982 s. 4.] 8. Terms used (1) In this Act, unless the contrary intention appears — agricultural used in relation to the purposes for which land is occupied, includes cropping or pasturing purposes; burial ground means an area of land reserved or demarcated exclusively for the purpose of burials; commencing date means the date of the coming into operation of the provisions of this Act referred to in section 2(2); Commonwealth land means — (a) land in respect of which the Commonwealth holds a freehold or leasehold interest; or (b) land that is otherwise vested in or held by the Commonwealth or vested in or held by an officer or person on behalf of the Commonwealth; Corporations Act means the Corporations Act 2001 of the Commonwealth; Crown land means all land except — (a) land that has been reserved for or dedicated to any public purpose other than — (i) land reserved for mining or commons; (ii) land reserved and designated for public utility for any purpose under the Land Administration Act 1997; (b) land that has been lawfully granted or contracted to be granted in fee simple by or on behalf of the Crown; (c) land that is subject to any lease granted by or on behalf of the Crown other than — (i) a pastoral lease or a lease otherwise granted for grazing purposes only; or (ia) a diversification lease; or (ii) a lease for timber purposes; or (iii) a lease of Crown land for the use and benefit of the Aboriginal inhabitants; (d) land that is a townsite within the meaning of the Land Administration Act 1997; dam means any accumulation or storage of water, whether natural or artificial; damage, in relation to agricultural land, includes the disturbance of stock and any proper cost reasonably incurred for the purpose of rectifying that disturbance; dealing means a transfer or mortgage of a legal interest in a mining tenement; Department means the department of the Public Service of the State principally assisting the Minister in the administration of this Act; designated tenement contact (DTC), in respect of a mining tenement, or an application for a mining tenement, means the person who is, or the persons who are, in accordance with the regulations, the designated tenement contact for the mining tenement or application; Director General of Mines means the person for the time being holding or acting in the office of chief executive officer of the Department; Director, Geological Survey means the person for the time being holding or acting in the office of Director, Geological Survey in the Department; diversification lease has the meaning given in the Land Administration Act 1997 section 92B(1); expenditure conditions in relation to a mining tenement means the prescribed conditions applicable to a mining tenement that require the expenditure of money on or in connection with the mining tenement or the mining operations carried out thereon or proposed to be so carried out; fossick means to search for, extract and remove rock, ore or minerals, other than gold or diamonds, in quantities not exceeding the prescribed amount and by means not prohibited under the regulations, as samples or specimens for the purpose of a mineral collection, lapidary work or a hobby interest; geological sample includes a drill core; ground disturbing equipment means — (a) mechanical drilling equipment; or (b) a backhoe, bulldozer, grader or scraper; or (c) any other machinery of a kind prescribed for the purposes of this definition; identified mineral resource means a deposit of minerals identified in the prescribed manner; LAA Minister means the Minister to whom the administration of the Land Administration Act 1997 is for the time being committed by the Governor; land includes water; and also includes — (a) the foreshore as defined in section 25(1)(a); and (b) the sea bed and subsoil between the mean low water springs level and the inner limits of the coastal waters of the State as defined in section 16(1) and (2) of the Offshore Minerals Act 2003; land under cultivation means land being used for agricultural purposes and includes any land, whether cleared or uncleared, used by a person for the grazing of stock in the ordinary course of management of the land of that person where the land so used for grazing forms the whole or a part of the land owned or occupied by that person; lapidary work includes the selection, cutting, polishing, engraving and setting of rock or other minerals; listed public company means a corporation that is a listed corporation within the meaning of that expression in the Corporations Act; local government means the local government of the district in which the matter in relation to which the term is used, arose or is situated; machinery includes all mechanical appliances of whatever kind used or intended to be used for any mining purpose; marine management area, marine nature reserve and marine park have the meanings given to them by the Conservation and Land Management Act 1984; mine, as a noun, means any place in, on or under which mining operations are carried on; mine, as a verb, includes any manner or method of mining operations; mineral field means a mineral field constituted under this Act or deemed so to be; minerals means naturally occurring substances obtained or obtainable from any land by mining operations carried out on or under the surface of the land, but does not include — (a) soil; or (b) a substance the recovery of which is governed by the Petroleum and Geothermal Energy Resources Act 1967 or the Petroleum (Submerged Lands) Act 1982; or (ba) without limiting paragraph (b), geothermal energy resources as defined in the Petroleum and Geothermal Energy Resources Act 1967 section 5(1); or (c) a meteorite as defined in the Museum Act 1969; or (d) any of the following substances if it occurs on private land — (i) limestone, rock or gravel; or (ii) shale, other than oil shale; or (iii) sand, other than mineral sand, silica sand or garnet sand; or (iv) clay, other than kaolin, bentonite, attapulgite or montmorillonite; miner's right means a miner's right issued under section 40C; mining includes fossicking, prospecting and exploring for minerals, and mining operations; mining operations means any mode or method of working whereby the earth or any rock structure stone fluid or mineral bearing substance may be disturbed removed washed sifted crushed leached roasted distilled evaporated smelted combusted or refined or dealt with for the purpose of obtaining any mineral or processed mineral resource therefrom whether it has been previously disturbed or not and includes — (a) the removal of overburden by mechanical or other means and the stacking, deposit, storage and treatment of any substance considered to contain any mineral; and (b) operations by means of which salt or other evaporites may be harvested; and (c) operations by means of which mineral is recovered from the sea or a natural water supply; and (da) operations by means of which a processed mineral resource is produced and recovered; and (d) the doing of all acts incident or conducive to any such operation or purposes; mining product means any material won from land by mining; mining registrar means a mining registrar appointed in accordance with this Act or deemed so to be and includes a reference to the person holding, acting in, or performing the functions of a prescribed office or position in the Department; mining tenement means a prospecting licence, exploration licence, retention licence, mining lease, general purpose lease or a miscellaneous licence granted or acquired under this Act or by virtue of the repealed Act; and includes the specified piece of land in respect of which the mining tenement is so granted or acquired; occupier in relation to any land includes any person in actual occupation of the land under any lawful title granted by or derived from the owner of the land; offsets project means — (a) an eligible offsets project as defined in the Carbon Credits (Carbon Farming Initiative) Act 2011 (Commonwealth) section 5; or (b) an offsets project, as defined in the Carbon Credits (Carbon Farming Initiative) Act 2011 (Commonwealth) section 5, if — (i) the offsets project is the subject of an application under section 22 of that Act; and (ii) a decision on the application has not been made; oil shale includes naturally occurring hydrocarbons that are or may be contained in rocks from which they cannot be recovered otherwise than by mining those rocks as oil shale; owner in relation to any land means — (a) the registered proprietor thereof or in relation to land not being land under the Transfer of Land Act 1893 the owner in fee simple or the person entitled to the equity of redemption thereof; or (b) the lessee or licensee from the Crown in respect thereof; or (c) the person who for the time being, has the lawful control and management thereof whether on trust or otherwise; or (d) the person who is entitled to receive the rent thereof; pastoral lease has the meaning given in the Land Administration Act 1997 section 3(1); prescribed official means the holder of an office in the Department that is prescribed, or is of a class prescribed, for the purposes of the provision in which the term is used; private land means any land, other than Commonwealth land, that has been or may hereafter be alienated from the Crown for any estate of freehold, or is or may hereafter be the subject of any conditional purchase agreement, or of any lease or concession with or without a right of acquiring the fee simple thereof (not being a pastoral lease or a lease or concession otherwise granted by or on behalf of the Crown for grazing purposes only or for timber purposes, a diversification lease or a lease of Crown land for the use and benefit of the Aboriginal inhabitants) but — (a) in relation to mining for minerals other than gold, silver and precious metals, for the purposes of Division 3 of Part III, does not include land alienated before 1 January 1899, except as provided in that Division; and (b) other than in so far as the primary tenement may be treated as private land in relation to mining for gold pursuant to a special prospecting licence or mining lease under section 56A, 70 or 85B, does not include land that is the subject of a mining tenement; and (c) no land that has been reserved for or dedicated to any public purpose shall be taken to be private land by reason only that any lease or concession is granted in relation thereto for any purpose; processed mineral resource means a substance produced from a mineral that is under the surface of land without the mineral being removed from the land; public purpose means any of the purposes for which land may be reserved under Part 4 of the Land Administration Act 1997, and any purpose declared by the Governor pursuant to that Act, by notification in the Government Gazette to be a public purpose within the meaning of that Act; register means the register kept under section 103F; registration means registration under section 103C; related has a meaning affected by subsection (4); repealed Act means the Mining Act 1904 2; retention status has a meaning affected by subsection (5); reversion licence application means a reversion licence application authorised by an order under section 120AA(2); the warden or the mining registrar means the warden or the mining registrar of the mineral field or district thereof in which the subject matter in relation to which the term is used arose or is; vehicle includes an aircraft, helicopter or air cushion vehicle; warden means a warden of mines appointed in accordance with this Act; warden's court means the warden's court constituted under this Act or deemed so to be for the mineral field or district thereof in which the subject matter in relation to which the term is used arose or is. (2) Notwithstanding anything in subsection (1), the Minister may, in the event of a dispute whether a particular substance is or is not oil shale, decide whether that substance is or is not oil shale for the purposes of this Act and the Petroleum and Geothermal Energy Resources Act 1967 and the Minister's decision in the matter shall be final. (3) A reference in this Act to the owner and occupier of private land includes a reference to a person who is both the owner and occupier of private land and parts of speech in the plural number shall be construed accordingly. (4) For the purposes of this Act a person is related to — (a) an individual, if the person is — (i) a spouse or de facto partner; or (ii) a parent, grandparent or great‑grandparent; or (iii) a child, grandchild or great‑grandchild; or (iv) a sibling, of the individual, whether the relationship is a step relationship or a relationship established by, or traced through marriage or a de facto relationship, a written law or a natural relationship; and (b) a body corporate, if the person is a related entity (as defined in section 9 of the Corporations Act) in relation to the body corporate. (5) For the purposes of this Act — (a) a prospecting licence has retention status if an approval under section 54 has effect in relation to the licence; and (b) an exploration licence has retention status if an approval under section 69B has effect in relation to the licence. (6) A reference in this Act to a lease of Crown land for the use and benefit of the Aboriginal inhabitants includes a lease of Crown land for the social, cultural or economic benefit of Aboriginal persons. [Section 8 amended: No. 69 of 1981 s. 6; No. 122 of 1982 s. 5; No. 100 of 1985 s. 5; No. 105 of 1986 s. 7; No. 22 of 1990 s. 4; No. 37 of 1993 s. 10(2), 12(2), 26 and 27; No. 14 of 1996 s. 4; No. 54 of 1996 s. 4; No. 5 of 1997 s. 40; No. 31 of 1997 s. 71(1) and 141; No. 10 of 2001 s. 130; No. 15 of 2002 s. 4; No. 12 of 2003 s. 4; No. 28 of 2003 s. 152; No. 39 of 2004 s. 20, 42, 47 and 87; No. 27 of 2005 s. 4; No. 35 of 2007 s. 100(2) and (3); No. 8 of 2010 s. 17; No. 12 of 2010 s. 14; (correction to reprint: Gazette 1 Jun 2012 p. 2282); No. 51 of 2012 s. 5; No. 44 of 2016 s. 20; No. 4 of 2023 s. 131; No. 27 of 2023 s. 4.] 8A. Rights in respect of oil shale or coal (1) Notwithstanding anything in section 8, a mining tenement (other than a coal mining lease) granted and in force under, or continued in force by, this Act in respect of land which is the subject of an exploration permit specified in the Schedule to the Petroleum and Geothermal Energy Resources Act 1967 does not confer on the holder of that mining tenement any rights in respect of oil shale or coal. (2) If land referred to in subsection (1) ceases to be the subject of an exploration permit referred to in that subsection, the holder of the mining tenement referred to in that subsection may apply to the Minister for rights in respect of oil shale or coal or both in respect of that land. (3) On receiving an application made under subsection (2), the Minister may in writing confer on the applicant such rights in respect of oil shale or coal or both in respect of the land concerned as he thinks fit, in which case the mining tenement concerned shall be amended accordingly. [Section 8A inserted: No. 69 of 1981 s. 7; amended: No. 35 of 2007 s. 100(4).] 9. Gold, silver and other precious metals property of Crown (1) Subject to this Act — (a) all gold, silver, and any other precious metal existing in its natural condition on or below the surface of any land whether alienated or not alienated from the Crown and if alienated whenever alienated, is the property of the Crown; (b) all other minerals existing in their natural condition on or below the surface of any land that was not alienated in fee simple from the Crown before 1 January 1899 are the property of the Crown. (2) Notwithstanding anything in this Act or any previous enactment the owner, grantee, lessee or licensee of, or other person entitled to, any land to which this section or any corresponding provisions apply, that is not the subject of a mining tenement, is entitled to use any mineral existing in a natural state on or below the surface of the land for any agricultural, pastoral, household, road making, or building purpose, on that land. [Section 9 amended: No. 12 of 2003 s. 5.] 9A. Effect of change of baseline (1) If — (a) an offshore area is covered by a mining tenement; and (b) there is a change to the inner limit of the coastal waters of the State as defined in section 16(1) and (2) of the Offshore Minerals Act 2003; and (c) as a result of the change the offshore area comes within those coastal waters, this Act applies, while the tenement or any successor tenement remains in force, as if the area were still within the offshore area. (2) In subsection (1) — offshore area means an area that comes within paragraph (b) of the definition of land in section 8(1). (3) If — (a) a mining lease takes effect immediately after an exploration licence expires; and (b) the holder of the mining lease immediately after it takes effect was the holder of the exploration licence immediately before it expired, the mining lease is a successor tenement to the exploration licence for the purposes of subsection (1). (4) If — (a) a retention licence takes effect immediately after an exploration licence expires; and (b) the holder of the retention licence immediately after it takes effect was the holder of the exploration licence immediately before it expired, the retention licence is a successor tenement to the exploration licence for the purposes of subsection (1). (5) If — (a) a mining lease takes effect immediately after a retention licence expires; and (b) the retention licence took effect immediately after an exploration licence expired; and (c) the holder of the mining lease immediately after it takes effect was the holder of the retention licence immediately before it expired; and (d) the holder of the retention licence immediately after it took effect was the holder of the exploration licence immediately before it expired, the mining lease is a successor tenement to the exploration licence and the retention licence for the purposes of subsection (1). [Section 9A inserted: No. 12 of 2003 s. 6.] 9B. Position on Earth's surface (1) Where for the purposes of this Act, or the regulations made for the purposes of this Act, it is necessary to determine the position on the surface of the Earth of a point, line or area, that position is to be determined by reference to the prescribed Australian datum. (1A) A datum may be prescribed for all or some of the purposes referred to in subsection (1), and different datums may be prescribed for different purposes. (2) Regulations that prescribe a datum for the purposes referred to in subsection (1), or amend that datum or prescribe another datum to replace that datum, may make any transitional or savings provisions that are necessary or convenient to be made — (a) in relation to mining tenements granted or acquired before the regulations take effect; or (b) in relation to applications for mining tenements pending when the regulations take effect; or (c) for any other purpose. (3) Regulations referred to in subsection (2) may modify or otherwise affect the operation of this Act. [Section 9B inserted: No. 54 of 2000 s. 5(2); amended: No. 39 of 2022 s. 4.] Part II — Administration, mineral fields and courts 10. Administration of Act (1) This Act shall be administered by the Minister. (2) The Minister — (a) shall be a corporation sole, with perpetual succession and shall have an official seal; and (b) may, in his corporate name, acquire, hold, lease and otherwise dispose of real and personal property, and may sue and be sued in that name. (3) All courts, judges and persons acting judicially shall take notice of the official seal of the Minister affixed to a document and shall presume that it was duly affixed. 11. Chief executive officer and other officers There shall be a department of the Public Service of the State to assist the Minister in the administration of this Act, to which department there shall be appointed, under Part 3 of the Public Sector Management Act 1994, a chief executive officer and such number of persons to be mining registrars, geologists, surveyors, inspectors and such other officers as may be necessary for the due administration of this Act. [Section 11 amended: No. 113 of 1987 s. 32; No. 32 of 1994 s. 19.] 12. Delegation (1) The Minister may — (a) by instrument in writing delegate any of his powers and functions (except this power of delegation) to — (i) any officer of the Department; or (ii) the person for the time being occupying a position in the Department, being an officer named or a position specified in the instrument of delegation; and (b) vary or revoke a delegation given by him. (2) Any delegation of a power or function under this section by the Minister ceases to have effect upon the appointment (other than in the capacity of an acting Minister) of another person to be the Minister for the purpose of this Act. (3) A power or function delegated by the Minister under this section — (a) shall, if exercised or performed, be exercised or performed in accordance with the instrument of delegation; and (b) may, if the exercise of the powers or the performance of the functions is dependent upon the opinion, belief or state of mind of the Minister in relation to a matter — be exercised upon the opinion, belief or state of mind of the delegate in relation to that matter. [Section 12 amended: No. 100 of 1985 s. 6.] 13. Wardens of mines, mining registrar (1) Any person holding office as a magistrate under the Magistrates Court Act 2004, may be appointed by the Governor to be a warden of mines and is thereby authorised and empowered to preside in a warden's court. [(2), (3) deleted] (4) A person who holds office under Part 3 of the Public Sector Management Act 1994 may, with the consent of the Public Sector Commissioner, be appointed to hold or act in the office of a mining registrar notwithstanding that he is not a person appointed to the Department pursuant to section 11 and that person shall, whilst holding, acting in or performing the functions of the office of mining registrar, be deemed for the purposes of this Act to be an officer of the Department. [Section 13 amended: No. 100 of 1985 s. 7; No. 32 of 1994 s. 19; No. 39 of 2004 s. 48; No. 59 of 2004 s. 116; No. 39 of 2010 s. 89.] [14. Deleted: No. 39 of 2004 s. 49.] 15. Prohibition from adjudicating in certain matters or from using certain information (1) A warden who acts or adjudicates in any matter in which the warden has directly or indirectly any pecuniary interest, is guilty of a crime unless — (a) the warden declares the nature of the interest to each of the parties to the matter; and (b) each of the parties consents to the warden so acting or adjudicating. Penalty: imprisonment for 2 years or a fine of $1 000. (2) A warden or an officer appointed pursuant to section 11 who uses any information that comes to his knowledge in the course of, or by reason of, his appointment as a warden or as such an officer for the purpose of personal gain is guilty of a crime. Penalty: Imprisonment for 2 years or a fine of $1 000. [Section 15 amended: No. 100 of 1985 s. 9; No. 70 of 2004 s. 82; No. 51 of 2012 s. 6.] 16. Constitution of mineral fields and dealings with Crown land in them (1) The Governor may, by proclamation — (a) constitute any part of the State, including any area that comes within paragraph (b) of the definition of land in section 8(1), to be a mineral field; or (b) divide any mineral field into districts; or (c) alter or amend the boundaries of a mineral field or district; or (d) abolish a mineral field or district. (2) Any part of the State that was immediately before the commencing date a mineral field or district thereof or a goldfield or district thereof under the repealed Act, shall be deemed to be a mineral field or district thereof constituted under this Act and may be dealt with as provided in subsection (1). (3) No Crown land that is in a mineral field shall be leased, transferred in fee simple, or otherwise disposed of under the provisions of the Land Administration Act 1997, without the approval of the Minister. (4) A provision of a diversification lease over Crown land that is in a mineral field must not be varied so as to alter a purpose of the lease without the approval of the Minister. (5) Crown land that is in a mineral field must not be identified in a diversification lease under the Land Administration Act 1997 section 92C(4) without the approval of the Minister. [Section 16 amended: No. 31 of 1997 s. 71(2) and 141; No. 12 of 2003 s. 7; No. 4 of 2023 s. 132.] 17. Designated tenement contact (1) In this section — give includes serve, send or any similar expression; prescribed provision means a provision of this Act, or the regulations made for the purposes of this Act — (a) under which the Minister, a warden or any official of the Department is required or permitted to give information, a document, a notice or a notification to a person who holds, or has applied for, a mining tenement; and (b) that is prescribed for the purpose of this section. (2) Despite anything else in this Act, a prescribed provision is to be taken to have been complied with if — (a) under the prescribed provision, information, a document, a notice or a notification is required or permitted to be given to a person who holds, or has applied for, a mining tenement; and (b) the information, document, notice or notification referred to in the provision is given to the designated tenement contact for that mining tenement or application. [Section 17 inserted: No. 44 of 2016 s. 21; amended: No. 39 of 2022 s. 5.] Part III — Land open for mining Division 1 — Crown land 18. Crown land open for mining All Crown land, not being Crown land that is the subject of a mining tenement, is open for mining and as such is land — (a) where any person may set up pegs or otherwise mark out the land pursuant to section 104 in connection with an application for a mining tenement; and (b) where the holder of a miner's right may do the things authorised by section 40D; and (c) which may be made the subject of an application for a mining tenement, subject to and in accordance with this Act. [Section 18 amended: No. 100 of 1985 s. 11; No. 51 of 2012 s. 7.] 19. Minister may exempt land from mining etc. (1) The Minister may from time to time by instrument in writing under his hand — (a) exempt any land, not being private land or land that is the subject of a mining tenement or of an application therefor, from — (i) mining; or (ii) a specified mining purpose; or (iii) this Act; or (iv) a specified provision of this Act; or (b) vary or cancel an exemption referred to in paragraph (a), and shall cause any such instrument to be published in the Government Gazette as soon as is practicable after its execution by him. (2) Each instrument made under subsection (1) has effect on and from the date thereof and shall specify the area and description of land to which the instrument relates. (2a) An instrument made under subsection (1)(a) before the prescribed day, has effect until it is cancelled under subsection (1)(b). (2b) An instrument made under subsection (1)(a) on or after the prescribed day, has effect until it is cancelled under subsection (1)(b) or until it expires under subsection (2c), whichever occurs first. (2c) An instrument referred to in subsection (2b) expires at the end of the period of 2 years from its date unless it is extended for a period or periods (not exceeding 2 years at a time) by instrument in writing under the Minister's hand published in the Government Gazette. (2d) In subsections (2a) and (2b) the prescribed day means the day on which section 4 of the Mining Amendment Act 1994 commences. (3) While any land is so exempted from mining or any specified mining purpose, or from this Act or any specified provision thereof, the land to the extent of the exemption, may be dealt with by the Minister in accordance with this section and to that extent is not subject to the other provisions of this Act. (4) The Minister may, while any land is exempted under this section, call in such manner as he determines for applications for the grant of such mining tenements as he determines in respect of that land or a part thereof. (5) A person applying to the Minister for the grant of a mining tenement in respect of any land or a part thereof referred to in subsection (4) shall do so in such manner as the Minister directs. (6) On receiving an application made under subsection (5), the Minister may — (a) grant the mining tenement applied for or another mining tenement subject to such terms and conditions as he thinks fit; or (b) refuse that application. (7) This Act applies to a mining tenement granted under this section as if that mining tenement had been granted under Part IV. (8) Nothing in this section authorises or allows land to which section 24, 24A or 25 applies to be exempted from a provision of Division 2 or to be dealt with otherwise than in accordance with Division 2. [Section 19 amended: No. 69 of 1981 s. 8; No. 100 of 1985 s. 12; No. 21 of 1993 s. 45; No. 58 of 1994 s. 4; No. 52 of 1995 s. 20; No. 5 of 1997 s. 41(2).] 20. Protection of certain Crown land [(1)-(4) deleted] (5) Notwithstanding that any Crown land to which this subsection refers may be marked out as or be included in a mining tenement, a mining tenement or Miner's Right does not entitle the holder thereof to prospect or fossick on, explore, or mine on or under, or otherwise interfere with, any Crown land that is — (a) for the time being under crop, or which is situated within 100 m thereof; or (b) used as or situated within 100 m of a yard, stockyard, garden, cultivated field, orchard, vineyard, plantation, airstrip or airfield; or (c) situated within 100 m of any land that is in actual occupation and on which a house or other substantial building is erected; or (d) the site of or situated within 100 m of any cemetery or burial ground; or (da) the site of or situated within 100 m of a permanent electrical or fibre optic cable; or (db) land under a diversification lease that is the site of, or situated within 100 m of, a substantial structure that — (i) is being erected or commissioned; or (ii) has been erected and is used, not being a structure previously erected and used for mining purposes by a person other than a lessee of that diversification lease; or (e) land under a pastoral lease or a diversification lease that is the site of, or is situated within 400 m of the outer edge of, any water works, race, dam, well or bore, not being an excavation previously made and used for mining purposes by a person other than a lessee of that pastoral lease or diversification lease, without the written consent of the occupier, unless — (ea) the warden in relation to any land other than land referred to in paragraph (c) or (db) otherwise directs; or (eb) in the case of mining, it is carried out not less than 30 m below the lowest part of the natural surface of the land, but nothing in this subsection prevents such a holder from passing and repassing over any Crown land that is situated within — (f) 100 m of any Crown land that is — (i) for the time being under crop; or (ii) used as a yard, stockyard, garden, cultivated field, orchard, vineyard, plantation, airstrip or airfield; or (iii) in actual occupation and on which a house or other substantial building is erected; or (iv) the site of any cemetery or burial ground; or (v) the site of a permanent electrical or fibre optic cable; or (vi) the site of a substantial structure that is being erected or commissioned or that has been erected and is used; or (g) 400 m of any Crown land that is the site of any water works, race, dam, well or bore, in order to gain access to other land (not being Crown land referred to in paragraph (f) or (g)), for the purpose of prospecting or fossicking on, exploring, mining on or under, or marking out that other land but a warden shall not give a direction under paragraph (ea) unless he is satisfied that the land is bona fide required for mining purposes and he is satisfied that compensation in accordance with section 123 for all loss or damage suffered or likely to be suffered by an owner or occupier of the land has been agreed upon or otherwise determined, or is assessed and settled in accordance with this Act. (5AA) Subsection (5) does not apply to land under a diversification lease described in subsection (5)(db) unless the land is identified in the diversification lease under the Land Administration Act 1997 section 92C(4) for the purposes of this subsection. (5a) The holder of a mining tenement or Miner's Right who passes or repasses over any Crown land that is situated within — (a) 100 m of any Crown land referred to in subsection (5)(f); or (b) 400 m of any Crown land referred to in subsection (5)(g), in order to gain access to the other land referred to in subsection (5) for the purpose referred to therein shall — (c) before so passing or repassing, take all reasonable and practicable steps to notify the occupier of the Crown land so situated of his intention to do so; and (d) when so passing or repassing — (i) take all necessary steps to prevent fire, damage to trees or other property and to prevent damage to any property or damage to livestock by the presence of dogs, the discharge of firearms, the use of vehicles or otherwise; and (ii) cause as little inconvenience as possible to the occupier of the Crown land so situated; and (iii) comply with any reasonable request made by the occupier of the Crown land so situated in relation to the manner in which that holder so passes or repasses; and (e) restrict the number of occasions on which he so passes or repasses to the minimum necessary for the purpose of prospecting or fossicking on, exploring, mining operations on or under, or marking out that other land; and (f) make good any damage caused by that passing or repassing to any improvements or livestock on the Crown land so situated, and the occupier of the Crown land so situated is entitled to be compensated by that holder for any damage referred to in paragraph (f) that is not made good by that holder, and, in respect of land under cultivation, for any other loss or damage for which that holder is liable in accordance with section 123. (5b) The amount of any compensation payable under subsection (5a) by the holder of the mining tenement or Miner's Right concerned to an occupier of Crown land referred to in that subsection shall be determined — (a) by agreement between that holder and that occupier; or (b) in default of agreement, by the warden's court on the application of that holder or that occupier. (5c) A determination made by the warden's court under subsection (5b) is, for the purposes of section 147(1), a final determination of the warden's court. [Section 20 3 amended: No. 122 of 1982 s. 6; No. 100 of 1985 s. 13; No. 22 of 1990 s. 5; No. 31 of 1997 s. 141; No. 63 of 2000 s. 4; No. 15 of 2002 s. 5; No. 39 of 2004 s. 50 and 88; No. 51 of 2012 s. 8; No. 4 of 2023 s. 133.] [20A-20C. Deleted: No. 51 of 2012 s. 9.] 21. Power to resume land (1) Any land, including land under the surface (not being land that is the subject of a mining tenement or land on which mining operations are lawfully being carried on under an agreement in writing with the owner of the land) that in the opinion of the Governor on the recommendation of the Minister ought to be taken for the purposes of this Act is hereby authorised to be taken on behalf of the Crown pursuant to Part 9 of the Land Administration Act 1997 as though the taking were required for a public purpose, and for that purpose the Minister or the Minister administering that Act may cause the land to be inspected, surveyed, explored, and reported upon by such officers and workmen as he directs, all of whom may thereupon enter upon the land and carry out all necessary operations in accordance with that Act. (2A) In subsection (1) — land does not include Commonwealth land. (2) At the request of a person interested in land to which subsection (1) refers, any other land that is being or is intended to be used in conjunction with that land may be, and is hereby authorised to be, taken on behalf of the Crown in accordance with that subsection if the Governor, on the recommendation of the Minister, so determines. (3) Upon the taking of any land pursuant to this section the owner and occupier is entitled to compensation, and the amount of the compensation shall be determined in the manner prescribed by Part 10 of the Land Administration Act 1997 but in assessing the amount of the compensation to be paid no allowance shall be made for the value of any minerals known or supposed to be on or under the land taken, other than minerals which are the property of the owner. (4) Where it is agreed or the State Administrative Tribunal determines that damage has been sustained by a claimant by reason of the severance of the land taken from other adjoining land of the claimant, the Governor, on the recommendation of the Minister, may determine or the State Administrative Tribunal may order that in accordance with this section such adjoining land or some portion thereof shall also be taken. [Section 21 amended: No. 100 of 1985 s. 14; No. 31 of 1997 s. 71(3)‑(6); No. 55 of 2004 s. 570; No. 51 of 2012 s. 10.] 22. Effect of resumption Where any private land is taken under section 21 pursuant to Part 9 of the Land Administration Act 1997 that land shall for the purposes of this Act be taken to be Crown land under and subject to this Act, but every mining tenement granted in respect of, or occupied upon the land shall notwithstanding any of the provisions of this Act to the contrary, be subject to such rent, royalty or other payment to the Crown as may be determined by the Minister in each case, and the provisions as to royalty, other than as to the amount thereof as hereinafter provided by this Act shall be applicable. [Section 22 amended: No. 100 of 1985 s. 15; No. 31 of 1997 s. 71(7).] Division 2 — Public reserves, etc. and Commonwealth land [Heading amended: No. 51 of 2012 s. 11.] 23. Mining on public reserves etc. and Commonwealth land (1) Subject to this Act, a mining tenement may be applied for in respect of the following land (not being land that is already the subject of a mining tenement) — (a) land, or land of a class, to which section 24, 24A or 25 applies; (b) Commonwealth land. (2) The holder of a mining tenement in respect of such land must not carry out mining on or under that land otherwise than in accordance with a relevant consent obtained in relation to that land under section 24, 24A, 25 or 25A. (3) A mining tenement held in relation to such land is liable to be forfeited if the holder of the tenement — (a) contravenes this section; or (b) is in breach of any term or condition to which a consent given under section 24, 24A, 25 or 25A is made subject. [Section 23 inserted: No. 51 of 2012 s. 12.] 24. Classification of reserves (1) The classes of land to which this section applies are — (a) land that is in the South‑West Division of the State as described in Schedule 1 to the Land Administration Act 1997, or in the local government district of Esperance or Ravensthorpe and that is reserved under Part 4 of that Act and classified as a class A reserve pursuant to that Part or so classified pursuant to any other Act; and (b) any land comprised within — (i) a national park, being land to which section 6(3) of the Conservation and Land Management Act 1984 applies; or (ii) a nature reserve, being land to which section 6(5) of the Conservation and Land Management Act 1984 applies and which is reserved under Part 4 of the Land Administration Act 1997 and classified as a class A reserve pursuant to that Part or so classified pursuant to any other Act; or (iii) a nature reserve, not being land to which section 6(5) of the Conservation and Land Management Act 1984 applies but which is reserved under Part 4 of the Land Administration Act 1997 for the conservation of flora or fauna, or both flora and fauna, and classified as a class A reserve pursuant to that Part or so classified pursuant to any other Act; and (c) land reserved under Part 4 of the Land Administration Act 1997, not being — (i) land to which paragraph (a) or (b) of this subsection refers; (ii) land reserved for mining or commons; (iii) land reserved and designated for public utility for any purpose pursuant to that Part; (iv) land that is a townsite within the meaning of the Land Administration Act 1997; and (d) land within the South West Mineral Field that is a State forest or a timber reserve within the meaning of the Conservation and Land Management Act 1984; and (da) land, not being land to which paragraph (d) refers, that is a State forest or a timber reserve within the meaning of the Conservation and Land Management Act 1984; and (e) land that is a water reserve or catchment area for the purposes of the Metropolitan Water Supply, Sewerage, and Drainage Act 1909 or of the Country Areas Water Supply Act 1947 or any other relevant Act within the meaning of that term as defined by section 5 of the Water Agencies (Powers) Act 1984, or of that Act; and (f) land to which Part III of the Aboriginal Affairs Planning Authority Act 1972 applies; and (fa) land dedicated under section 21 of the Western Australian Land Authority Act 1992 or vested in or under the control of the Western Australian Land Authority established by that Act; and (g) land that is reserved under any Act other than those Acts already referred to in this subsection. (2A) The Governor may, from time to time, by Order in Council, apply this section to any other land or class of land specified in the Order in Council and as from the date so specified this section shall apply to the extent and in the manner specified in the Order in Council. (2B) The Minister shall cause an Order in Council made pursuant to subsection (2A) to be laid on the table of each House of Parliament within 12 sitting days of its making and if either House does not pass a resolution disallowing such Order in Council within 12 sitting days of that House after the Order in Council has been laid before it the order in council shall have effect from the date of its making. (3A) Subject to subsection (4) mining may be carried out on any land referred to in subsection (1)(a) or (b) with the written consent of the Minister who may refuse his consent or who may give his consent subject to such terms and conditions as the Minister specifies in the consent. (3B) Before giving his consent under subsection (3A) whether conditionally or unconditionally the Minister shall first consult with, and obtain the concurrence thereto, of the responsible Minister. (4) No mining lease or general purpose lease shall be granted on any land referred to in subsection (1)(a) or (b) unless both Houses of Parliament by resolution consent thereto, and then only on such terms and conditions as are specified in the resolution. (5A) Mining on any land referred to in subsection (1)(c) may be carried out with the written consent of the Minister who may refuse his consent or who may give his consent subject to such terms and conditions as the Minister specifies in the consent. (5B) Before giving his consent under subsection (5A) whether conditionally or unconditionally the Minister shall first consult the responsible Minister and the local government, public body, or trustees or other persons in which the control and management of such land is vested with respect thereto, and obtain its or their recommendations thereon. (6A) Mining may be carried out on any land referred to in subsection (1)(d) with the written consent of the Minister who may refuse his consent or who may give his consent subject to such terms and conditions as are specified in the consent. (6B) Before giving his consent under subsection (6A), whether conditionally or unconditionally the Minister shall first consult with, and obtain the concurrence thereto, of the responsible Minister. (7A) Mining may be carried out on any land referred to in subsection (1)(da), (e), (f), (fa) or (g) with the written consent of the Minister who may refuse his consent or who may give his consent, subject to such terms and conditions as are specified in the consent. (7B) Before giving his consent under subsection (7A), whether conditionally or unconditionally, the Minister shall first consult the responsible Minister with respect thereto and obtain his recommendation thereon. (7C) The giving by the Minister of his consent under subsection (7A) in relation to land referred to in subsection (1)(f) does not prevent or in any way affect the application of section 31 of the Aboriginal Affairs Planning Authority Act 1972 to any person acting under that consent. (8) The responsible Minister for the purposes of this section is the Minister for the time being charged with the administration of the land or the enactment to which the land is subject, and if in any case a question arises as to wh