Saving
5 Saving
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.
Notwithstanding anything in the Second Schedule Division 1, a party to an agreement referred to in subsection (1) —
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
to whom an existing right of occupancy has been granted under section 276 of the repealed Act or that agreement, or under both section 276 of the repealed Act and that agreement, as the case requires, may continue, subject to that agreement, to exercise that right of occupancy,
as though the repealed Act had not been repealed.
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.]
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.