Mining Act 1978

The classes of land to which this section applies are —

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

any land comprised within —

a national park, being land to which section 6(3) of the Conservation and Land Management Act 1984 applies; or

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

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;

land reserved under Part 4 of the Land Administration Act 1997, not being —

land to which paragraph (a) or (b) of this subsection refers;

land reserved for mining or commons;

land reserved and designated for public utility for any purpose pursuant to that Part;

land that is a townsite within the meaning of the Land Administration Act 1997;

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

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

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

land to which Part III of the Aboriginal Affairs Planning Authority Act 1972 applies; and

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

land that is reserved under any Act other than those Acts already referred to in this subsection.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 who is the responsible Minister under this section, the question shall be determined by the Governor whose decision shall be final.