Mining Act 1978

Where a mining lease or general purpose lease is liable to forfeiture for a breach of the lessee’s covenant to pay rent or royalty or for breach of a covenant included in the lease under section 82(1) or section 89 or a condition to which the lease is subject, the Minister may declare, by notice under his hand published in the Government Gazette, such lease forfeited.

The production of a copy of the Government Gazette containing a notice published therein pursuant to subsection (1), is evidence that a breach of such a covenant has been committed by the lessee, and that the estate and interest of the lessee in such lease has been lawfully determined.

Subject to section 97A, the Minister, for any cause that he deems sufficient, may cancel the forfeiture of any such lease and by subsequent notice under his hand published in the Government Gazette, restore the lessee as of his former estate in respect of the forfeited lease.

The Minister, upon such cancellation and restoration as is referred to in subsection (3), may impose upon the lessee such conditions as he thinks fit.

The Minister, as he thinks fit in the circumstances of the case, as an alternative to declaring the lease forfeited, may —

impose on the lessee a penalty not exceeding $75 000 if the lessee is an individual or $150 000 if the lessee is a body corporate; or

award the whole or any part of the amount of any such penalty to any person, other than an officer of the Department; or

impose no penalty on the lessee.

Where any penalty imposed as an alternative to forfeiture under subsection (5) is not paid within the time specified by the Minister, or within 30 days of written notice of the penalty being given by the Minister to the lessee if no other time is specified by the Minister, the lease is thereby forfeited.