{"id":"mining-validation-and-amendment-act-1986","name":"Mining (Validation and Amendment) Act 1986","slug":"mining-validation-and-amendment-act-1986","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105677,"registerId":"wa-mining-validation-and-amendment-act-1986-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Mining (Validation and Amendment) Act 1986","content":"![Crest]()Western Australia\n\nMining (Validation and Amendment) Act 1986\n\nWestern Australia\n\nMining (Validation and Amendment) Act 1986\n\nContents\n\nPart I — Preliminary\n\n1. Short title 2\n\n2. Commencement 2\n\nPart II — Validation\n\n3. Ratification of the grant by way of renewal of certain mining leases 3\n\nPart III — Amendments to the *Mining Act 1978*\n\n4. Principal Act 7\n\n5. Section 78 amended 7\n\n6. Section 105A amended 7\n\n7. Section 111A amended 7\n\nNotes\n\nCompilation table 9\n\n  \n\nWestern Australia\n\nMining (Validation and Amendment) Act 1986\n\nAn Act to ratify, and confirm the validity of, the renewal of certain mining leases; to amend the *Mining Act 1978*; and for related purposes.\n\nBe it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows: —\n\n## Part I — Preliminary\n\n##### 1. Short title\n\nThis Act may be cited as the *Mining (Validation and Amendment) Act 1986*.\n\n##### 2. Commencement\n\nThis Act shall come into operation on the day on which it receives the Royal Assent.\n\n## Part II — Validation\n\n##### 3. Ratification of the grant by way of renewal of certain mining leases\n\n(1) In relation to the leases identified in the Schedule to this Part, it is hereby declared —\n\n(a) that each such lease —\n\n(i) was granted under the *Mining Act 1904*, which conferred a right to renew such a lease at the expiration of the term subject to the Acts and regulations relating to such leases in force at the time of the renewal; and\n\n(ii) was deemed, by the operation of clause 2 of the transitional provisions in the Second Schedule to the *Mining Act 1978*, to be a mining lease granted under that Act subject to the terms and conditions on which the lease was formerly granted under the *Mining Act 1904* (save that an application for renewal of a mining lease was, by the regulations then in force, required to be made during the final year of the term);\n\n(b) that having regard to —\n\n(i) the status of the lessee as an applicant, being the former holder of the mining tenement sought to be renewed;\n\n(ii) the fact that had such an application been made at the time required by the regulations it would have had priority over any other application relating to the land affected;\n\n(iii) regulation 104 of the *Mining Regulations 1981* which conferred on the Minister a discretionary power to extend the time in which those regulations (as in force at the relevant time) required an act to be done by the applicant for, or holder of, a mining tenement; and\n\n(iv) doubts which had arisen as to the applicability of the law in force from time to time to the respective leases and the requirements for the making of applications for their renewal,\n\nthe renewal of the term of each such lease by the Minister shall be deemed to have been lawful; and\n\n(c) that the acts of the Minister in —\n\n(i) extending the time within which the lessee named in the first column of the Schedule to this Part might apply for renewal of the lease (or of the deemed mining lease derived from that lease) identified in relation to that lessee in the second and third columns of that Schedule; and\n\n(ii) granting to that lessee under the *Mining Act 1978* a renewal of the term of that mining lease for a further term of 21 years following the expiry of the final year of the original term,\n\nshall be taken to have been validly performed and deemed always to have been lawful,\n\nand the renewal of the term of each lease is hereby ratified.\n\n(2) Where in relation to any of the leases identified in the Schedule to this Part —\n\n(a) a document setting out the provisions of the relevant lease was not issued by the Minister, or executed by the lessee, the Governor and the lessee being deemed pursuant to the *Mining Act 1904* to have entered into the covenants and to be subject to the conditions prescribed in accordance with section 80 of that Act; or\n\n(b) an instrument setting out the terms and conditions applicable to such lease was not issued by the Minister, or executed by the lessee, in respect of a lease deemed to have been granted under the transitional provisions of the *Mining Act 1978*,\n\nthen in any such case the land to which such lease related shall nevertheless be taken to be, and always to have been, land which was the subject of an instrument of lease executed under and subject to the *Mining Act 1904*, duly granted and issued to the lessee, and as such to be and to have been the land which was the subject of a mining lease deemed to have been granted under the transitional provisions of the *Mining Act 1978*, and that lease shall be taken to have been capable of being renewed.\n\n(3) In relation to the lease granted under the *Mining Act 1904*, the mining lease deemed to have been granted consequent upon the transitional provisions of the *Mining Act 1978*, and the lease the term by way of renewal of which was ratified by subsection (1) (which together shall be taken to constitute a lease for a continuous term of years), as regards land to which this section applies —\n\n(a) the lessee shall be deemed during the term of that lease always to have had exclusive possession of the land to which the lease related or relates for the purposes of mining and the right to and property in any minerals mined, worked or found on or in that land; and\n\n(b) no action, claim, demand, appeal, review or other proceeding by a person other than the lessee lies, or shall be commenced or heard, before a warden or any court or tribunal —\n\n(i) in pursuance of any application or purported application by any person for a mining tenement other than that lease;\n\n(ii) as to the purported right of any person other than the lessee to any mining tenement in that land or the property in any mineral mined, worked or found on or in that land; or\n\n(iii) in respect of such a lease, or any matter relating to the grant of such a lease,\n\nand all applications for a mining tenement relating to any such land made subsequent to the expiry of the term of such a lease but prior to the coming into operation of this Act by a person other than the lessee shall be, and be deemed always to have been, devoid of any effect for the purposes of the *Mining Act 1978*.\n\n(4) For the purposes of this section a reference to “the lessee” includes a reference to any person deriving title through a person who is or was the holder of the lease in question.\n\nSCHEDULE TO PART II\n\n[Section 3.]\n\n| *Lessee* | *1904 Act Lease* | *Gold Field* |\n| --- | --- | --- |\n| Pancontinental   Goldmining Areas   Pty. Ltd | Gold Mining Lease 2329W    Paddington | Broad Arrow |\n| Charles Barton   Cecil Jones | Gold Mining Lease 1342Y    Bulong | East Coolgardie |\n| Robert James Donovan   deceased | Gold Mining Lease 5798Z    Comet Vale | North Coolgardie |\n| Western Collieries Ltd. | Coal Mining Lease 533<br>Collie | *Mineral Field*   Collie River |\n\n\n## Part III — Amendments to the *Mining Act 1978*\n\n##### 4. Principal Act\n\nIn this Part, the *Mining Act 1978* is referred to as the principal Act.\n\n##### 5. Section 78 amended\n\nSection 78 of the principal Act is amended in subsection (1) by inserting alter “that lease” the following —\n\n“\n\nor if section 111A (1) (a) applies.\n\n”.\n\n##### 6. Section 105A amended\n\nSection 105A of the principal Act is amended in subsection (1) by deleting “If 2 or more applications are made” and substituting the following —\n\n“\n\nSubject to section 111A, where more than one application is received.\n\n”.\n\n##### 7. Section 111A amended\n\nSection 111A of the principal Act is amended by repealing subsection (1) and substituting the subsection following —\n\n“\n\n(1) Where an application is made for a mining tenement but in respect of the whole or any part of the land to which the application relates —\n\n(a) a person who in relation to that land was formerly the lessee of a mining lease the term of which has expired, or is a person deriving title through such a former lessee, subsequently applies (in the manner prescribed for the purposes of section 78 notwithstanding that the application was not made during the final year of the term of that lease) for the renewal of that mining lease with effect from the expiry of the preceding term and the Minister, being satisfied that the requirements of that expired mining lease and of this Act in relation to that lease had been substantially observed (other than as to the timing of an application for renewal) and that the applicant has continued to observe those requirements as if the term of the lease had not expired, determines that the subsequent application for renewal of the expired lease should be approved and grants that renewal; or\n\n(b) the Minister is satisfied on reasonable grounds in the public interest that —\n\n(i) the land should not be disturbed; or\n\n(ii) the application in question should not be granted,\n\nthe Minister may, by notice served on the warden to whom the first‑mentioned application for a mining tenement has been made, refuse that application, whether or not the application has been heard by the warden.\n\n”.\n\nNotes\n\n1. This is a compilation of the *Mining (Validation and Amendment) Act 1986* and includes all amendments effected by the other Acts referred to in the following Table.\n\nCompilation table\n\n| **Short title** | **Number and Year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Mining (Validation and Amendment) Act 1986* | 1 of 1986 | 26 Jun 1986 | 26 Jun 1986 |\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: validating specific mining lease renewals and making consequential amendments to prevent similar legal uncertainties. The scope has not expanded beyond mining lease validation and related procedural amendments to the Mining Act 1978."},"complexity_factors":["Heavy reliance on transitional provisions between the Mining Act 1904 and Mining Act 1978 requiring historical statutory knowledge","Nested conditional logic in section 3(1)(b) with four separate factors justifying the validation","Complex deeming provisions (legal fictions) in section 3(2) and (3) treating documents as existing when they may not","Cross-references to multiple external instruments: Mining Act 1904, Mining Act 1978, Mining Regulations 1981, and specific regulation numbers","Specific Schedule table linking lessees to particular lease numbers and gold fields creating highly particularised application","Amendments use textual substitution language ('inserting after', 'deleting and substituting') requiring reader to reconstruct amended text mentally","Section 7 introduces bifurcated discretionary power (public interest vs. late renewal) with overlapping conditions"],"plain_english_summary":"This Western Australian law fixes a legal mess involving four specific mining leases and tweaks the rules for future lease renewals.\n\n**What it does:**\n\n**Part II – Fixing the Past (Validation):**\nThe law retroactively validates (makes legal) the renewal of four specific mining leases that were granted under the old *Mining Act 1904* and later transitioned to the *Mining Act 1978*. There were doubts about whether these renewals were done properly because:\n- The applications weren't filed during the required final year of the lease term\n- There was confusion about which laws applied\n- Some paperwork might have been missing\n\nThe law declares these renewals were always lawful, confirms the miners' exclusive rights to the land and minerals, and blocks anyone else from challenging these leases or making competing claims.\n\nThe four protected leases involve:\n- **Pancontinental Goldmining Areas Pty Ltd** (Paddington gold mine, Broad Arrow)\n- **Charles Barton & Cecil Jones** (Bulong gold mine, East Coolgardie)\n- **Robert James Donovan (deceased)** (Comet Vale gold mine, North Coolgardie)\n- **Western Collieries Ltd** (Collie coal mine, Collie River)\n\n**Part III – Changing Future Rules (Amendments):**\nThe law amends the *Mining Act 1978* to:\n- Allow late renewal applications if the former lessee (or their successor) applies after expiry but had substantially complied with lease requirements\n- Give the Minister power to refuse competing applications if the Minister decides the land shouldn't be disturbed or it's in the public interest\n- Clarify how competing applications are handled when late renewals are involved\n\n**Who it affects:**\n- The four specific mining companies/individuals named (protecting their investments)\n- Future mining lease applicants (new rules for competing with late renewals)\n- The Minister for Mines (expanded discretionary powers)\n\n**Why it matters:**\nThis is a classic \"validate and amend\" law. It protects existing mining operations worth millions from legal uncertainty while closing loopholes to prevent similar problems in the future. Without this law, the four leases might have been invalid, potentially triggering massive compensation claims or disputes over valuable mineral rights."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess whether the Act's scope changed from its original intent — the full legislative text was not retrievable from the provided source. The page is no longer available on the Western Australian legislation website."},"complexity_factors":["Source document contains no substantive legislative text — only a website error message","Cannot assess true complexity without the actual Act provisions","Validation Acts can sometimes involve complex retrospective legal mechanics, but this cannot be confirmed here","Score reflects the unavailability of content rather than assessed legislative complexity"],"plain_english_summary":"The Mining (Validation and Amendment) Act 1986 (WA) appears to be a Western Australian law that retrospectively validated and amended existing mining law—likely the Mining Act 1978—by curing past legal defects and changing mining-related provisions. It would have primarily affected mining companies, tenement holders, and government decisions under prior mining arrangements. The original text is currently unavailable from the cited source."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act expands the legal reach of the Mining Act regime by retroactively validating particular lease renewals and by changing renewal and application procedures. Section 3 retrospectively confirms renewal and exclusive possession for listed leases and nullifies subsequent competing applications; the amendment to section 111A authorises the Minister to approve late renewals (subject to substantial compliance) and to refuse competing applications on public‑interest grounds. These changes both validate past transactions and alter future administrative discretion and third‑party application rights."},"complexity_factors":["Retroactive validation of specific past administrative acts (s3) creating retrospective legal effects.","Deeming provisions that treat incomplete or unexecuted instruments as having existed and conferred continuous rights (s3(2)–(3)).","Extinguishment of third‑party applications and causes of action relating to the listed lands (s3(3)(b)–(c)), impacting prior applicants’ rights.","Cross‑references and interaction with transitional provisions of the Mining Act 1978 and earlier Mining Act 1904 (s3(1)(a)(ii)), increasing interpretive complexity.","Addition of ministerial discretion to approve late renewals subject to substantive compliance and to refuse competing applications on public‑interest grounds (amendment to s111A), which raises administrative‑law and evidential questions.","Amendments alter application‑priority and hearing procedures (amendments to ss78,105A and 111A), affecting procedural strategies for applicants.","Schedule‑specific operation (only a few named leases) combined with general amendments to the principal Act produces mixed territorial and general legal effects."],"plain_english_summary":"This Act retroactively confirms that certain mining leases listed in its Schedule were lawfully renewed (s3) and treats those leases as having continued uninterrupted title and exclusive mining rights. It also changes the Mining Act 1978 to allow the Minister to approve late renewals and to refuse competing applications on public‑interest grounds (amendment to s111A). Affected parties are the named lessees, prospective applicants for the same land, and the Minister who exercises the new discretion."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/mining-validation-and-amendment-act-1986","history":"/api/acts/mining-validation-and-amendment-act-1986/history","analysis":"/api/acts/mining-validation-and-amendment-act-1986/analysis","conflicts":"/api/acts/mining-validation-and-amendment-act-1986/conflicts","importantCases":"/api/acts/mining-validation-and-amendment-act-1986/important-cases","documents":"/api/acts/mining-validation-and-amendment-act-1986/documents"}}