Planning schemes to be considered but not to derogate from this Act
120 Planning schemes to be considered but not to derogate from this Act
In considering any application for the grant of a mining tenement the Minister, warden or mining registrar, as the case requires, shall take into account the provisions of any planning scheme in force under the Planning and Development Act 2005 affecting the use of the land concerned, but the provisions of any such scheme shall not operate to prohibit or affect the granting of a mining tenement or the carrying out of any mining operations authorised by this Act.
Without affecting subsection (1), where —
an application has been made for a mining lease or a general purpose lease; and
the local government or the Western Australian Planning Commission has, in writing, informed the Minister and the Minister for the time being administering the Planning and Development Act 2005, that the mining lease or general purpose lease would, if granted, authorise the carrying on of mining operations contrary to the provisions of a planning scheme referred to in subsection (1),
the Minister shall not dispose of the application until he has first consulted the Minister for the time being administering the Planning and Development Act 2005 and obtained his recommendation thereon.
[Section 120 amended: No. 58 of 1994 s. 47; No. 14 of 1996 s. 4; No. 24 of 2000 s. 26(2); No. 38 of 2005 s. 15.]
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