Mining Act 1978

All Crown land, not being Crown land that is the subject of a mining tenement, is open for mining and as such is land —

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

where the holder of a miner’s right may do the things authorised by section 40D; and

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.

The Minister may from time to time by instrument in writing under his hand —

exempt any land, not being private land or land that is the subject of a mining tenement or of an application therefor, from —

mining; or

a specified mining purpose; or

this Act; or

a specified provision of this Act;

or

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.

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.

An instrument made under subsection (1)(a) before the prescribed day, has effect until it is cancelled under subsection (1)(b).

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.

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.

In subsections (2a) and (2b) the prescribed day means the day on which section 4 of the Mining Amendment Act 1994 commences.

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.

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.

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.

On receiving an application made under subsection (5), the Minister may —

grant the mining tenement applied for or another mining tenement subject to such terms and conditions as he thinks fit; or

refuse that application.

This Act applies to a mining tenement granted under this section as if that mining tenement had been granted under Part IV.

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).]