Schedule 2

Savings and Transitional Provisions

In force

Section 207

1. Interpretation In this Schedule –

commencement day means the day on which this Act commences;

repealed Act means the Mining Act 1929.

commencement day means the day on which this Act commences;

commencement day

repealed Act means the Mining Act 1929.

repealed Act

2. Contracts and agreements Any contract or agreement made under the repealed Act before the commencement day is, on or after that day, enforceable as if it were made under this Act.

3. Appeals and objections

(1)

Any appeal instituted under the repealed Act and not heard or determined before the commencement day may, on or after that day, be heard and determined under the repealed Act.

(2)

Any objection made under the repealed Act and not heard or determined before the commencement day may, on or after that day, be heard and determined under the repealed Act.

4. Proceedings Any proceedings instituted under the repealed Act and not heard or determined before the commencement day may, on or after that day, be heard and determined under the repealed Act.

5. Land and minerals exemptions Any land or mineral exempted under the repealed Act from the provisions of that Act before the commencement day is, on that day, exempted from the provisions of this Act until an order is made under section 5(4) of this Act.

6. Public reserves Any public reserve declared under the repealed Act to be land to which that Act applied before the commencement day is, on that day, land to which this Act applies.

7. Exploration licences

(1)

The following rights and entitlements in force under the repealed Act immediately before the commencement day are, on that day, exploration licences under this Act:

(a)

exploration licence;

(b)

prospector's licence;

(c)

owner's right;

(d)

owner's consent.

(2)

An application for a right or entitlement referred to in subclause (1) made under the repealed Act and not determined before the commencement day may, on and after that day, be determined as if it were an application for an exploration licence under this Act.

8. Retention licences

(1)

A retention licence in force under the repealed Act immediately before the commencement day is, on that day, a retention licence under this Act.

(2)

An application for a retention licence made under the repealed Act and not determined before the commencement day may, on and after that day, be determined as if it were an application for a retention licence under this Act.

9. Mining leases

(1)

The following rights and entitlements in force under the repealed Act immediately before the commencement day are, on that day, mining leases under this Act:

(a)

mining lease;

(b)

mining easement;

(c)

dam site easement;

(d)

tailings easement;

(e)

housing easement.

(2)

10. Subleases

(1)

A tribute or sublease in force under the repealed Act immediately before the commencement day is, on that day, a sublease under this Act.

(2)

An application for a tribute or sublease made under the repealed Act and not determined before the commencement day may, on and after that day, be determined as if it were an application for a sublease under this Act.

11. Conditions Any right or entitlement which is an exploration licence, a retention licence, a mining lease or a sublease by virtue of this Schedule –

(a)

is subject to the same terms, conditions, covenants and exemptions as it was under the repealed Act; and

(b)

continues in force for the remainder of the period for which it was granted, issued or renewed.

This Act’s bill:Explanatory notes Second reading speech

Research tools for this sectionSubscription

Cited by Analyse Interrogate History Equivalents

The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.