Sch 2Savings and transitionals

Schedule 2—Savings and transitionals 1. (1) Subject to anything provided by this Act expressly or by necessary implication, the repeal by this Act of a provision of the **Mines Act 1958** does not disturb the continuity of status, operation or effect of— (a) any lease, licence, claim, right, permit, certificate or authority granted, issued, given or renewed; or (b) any application for, or for the renewal of, a lease, licence, claim, right, permit, certificate or authority made; or (c) any objection made or lodged; or (d) any agreement (including a tribute agreement) or appointment made; or (e) any Order made; or (f) any approval, consent or other authority granted or given; or (g) any money borrowed, lent or appropriated or any amount payable; or (h) any bond or security lodged; or (i) any surety or security given; or (j) any charge on property created; or (k) any property vested; or (l) any notice given or served; or (m) any liability incurred; or (n) any power conferred; or (o) any entitlement granted; or (p) any right or privilege given or acquired; or (q) any exemption or immunity granted or conferred; or (r) any circumstances created; or (s) any other thing done— by or under that provision before its repeal. (2) The repeal by this Act of a provision of the **Mines Act 1958** does not disturb the continuity of status, operation or effect of the registration under the **Transfer of Land Act 1958** of any document existing for the purposes of, or in connection with, that provision or the capacity of any such document to be registered under the **Transfer of Land Act 1958**. 2. (1) In this clause— ***corresponding new title***, in relation to a former title, means the licence, right or authority of the kind specified opposite the former title in column 2 of the Table in subclause (2); ***former title*** means lease, licence, claim, right, permit or authority of a kind specified in column 1 of the Table in subclause (2). (2) A lease, licence, claim, right, permit or authority under the **Mines Act 1958** of a kind specified in column 1 of the Table that is in force immediately before the commencement of this clause has effect, subject to this clause, for the remainder of the term or period for which it was granted, issued or renewed (as the case requires) as if it were a licence, right or authority under this Act of the kind specified opposite it in column 2 of the Table. **TABLE** | *Column 1* | *Column 2* | | Exploration licence | Exploration licence | | Prospecting area licence | Exploration licence | | Searching permit | Exploration licence | | Miner's right | Miner's right | | Development lease | Mining licence | | Licence under section 65 | Mining licence | | Mining lease | Mining licence | | Mining purposes licence | Mining licence | | Registration of land as a claim | Mining licence | | Tailings removal licence | Mining licence | | Tailings treatment licence | Mining licence | | Authority under section 46A(1) or 46B(1) | Tourist mine authority | (3) A former title that, by virtue of subclause (2), continues in force as if it were a new title— (a) subject to paragraph (b), continues in force subject to the same covenants, conditions, restrictions, limitations, reservations, exceptions or other provisions to which it was subject immediately before the commencement of this clause; and (b) may be renewed (subject to subclause (12)), transferred, varied, amalgamated, surrendered or cancelled only in accordance with this Act, despite anything to the contrary in the former title or in the **Mines Act 1958** or in the regulations made under that Act. (4) An application for the grant, issue or renewal of a former title made before the commencement of this clause and not determined at that commencement has effect as if it were an application for the corresponding new title. (5) A former title continues in operation until the determination of an application for its renewal that, by virtue of subclause (4), has effect as an application for the corresponding new title. (6) Section 23 applies to an application that, by virtue of subclause (4), has effect as an application for the corresponding new title as if it had been on the day of its receipt an application for a licence under this Act. (7) Section 26(5) applies to an application that, by virtue of subclause (4), has effect as an application for the corresponding new title as if for the reference to 3 months there were substituted a reference to 12 months. (8) This Act applies to an application for the renewal of an exploration licence under the **Mines Act 1958** that, by virtue of subclause (4), has effect as an application for an exploration licence under this Act as if— (a) the reference in section 13(3)(a) to 2 years were a reference to 1 year; and (b) it did not contain section 28. (9) If by virtue of subclause (4) an exploration licence under this Act is granted on an application for the renewal of an exploration licence under the **Mines Act 1958** then— (a) in calculating, for the purposes of sections 16(1), 25(1)(c), 32(2) and 33, the period for which an exploration licence has been in operation account must be taken of the period for which the former licence was in operation; and (b) if the application was for the first or third renewal of the former licence, section 30 applies as if the grant of the new licence was the first or third renewal (as the case requires) of the former licence. (10) The holder of a former title may apply to the Minister in accordance with the regulations to have that former title converted into the corresponding new title. (11) The Minister may, subject to this Act, grant or refuse an application under subclause (10). (12) Despite subclause (3)(b), when a former title is renewed as provided for in this Schedule, the Minister may approve the continued operation of any underground workings, surface workings or open cut operations that were, immediately before the commencement of this subclause, in operation in accordance with the former title. (13) A person who continues any operation with the approval of the Minister under subclause (12) is not guilty of an offence under section 45(1) in respect of that operation. Sch. 2 item 2A inserted by No. 86/1993 s. 37. 2A. (1) Section 10 applies to tailings produced before the commencement of this clause and to which a former title within the meaning of clause 2 does not apply at that commencement. (2) Any tailings to which subclause (1) applies that are situated on land covered by a former title within the meaning of clause 2 that is in force immediately before the commencement of this clause must be taken to be included in the corresponding new title within the meaning of that clause. (3) Despite subclause (2), the Minister may after the day on which the **Mineral Resources Development (Amendment) Act 1993** receives the Royal Assent grant a licence over tailings referred to in that subclause on an application made before that day as if those tailings were not included in the corresponding new title and, if the Minister does so, those tailings must be taken not to be, and to have never been, included in the corresponding new title by virtue of that subclause. (4) On the expiry without renewal of a licence referred to in subclause (3), the tailings covered by that licence must be taken to be included in any licence in which they would have been included at that time by virtue of subclause (2) but for subclause (3). 3. (1) The person nominated under section 413(1)(a) of the **Mines Act 1958** to perform the duties of the Chief Mining Inspector immediately before the commencement of section 90 of this Act holds office as chief mining inspector under and subject to this Act and the **Public Service Act 1974** on and from that commencement without any further appointment. (2) A person nominated under section 413(1)(b) of the **Mines Act 1958** to perform the duties of an inspector of mines immediately before the commencement of section 90 of this Act holds office as an inspector of mines under and subject to this Act and the **Public Service Act 1974** on and from that commencement without any further appointment. (3) The person who holds office as the mining warden immediately before the commencement of section 96 holds office as a mining warden under and subject to this Act on and from that commencement for the balance of his or her term of appointment without any further appointment. 4. (1) Any land excepted as described in section 7(1) or 347(1) of the **Mines Act 1958** immediately before the commencement of this clause must be taken to be exempted under this Act from being subject to an exploration licence and a mining licence. (2) Any land excepted as described in section 514(17) of the **Mines Act 1958** immediately before the commencement of this clause must be taken to be exempted under this Act from being subject to an exploration licence. (3) The Governor in Council may, by Order published in the Government Gazette, vary or revoke either in whole or in part an exception that, by virtue of subclause (1) or (2), must be taken to be an exemption under this Act. 5. A person who holds a permit under section 386 of the **Mines Act 1958** immediately before the commencement of section 94 of this Act must be taken to hold a mine manager's certificate for the period and subject to the conditions specified in or prescribed by or under that Act. 6. An authority granted under section 511(2) of the **Mines Act 1958** must be taken for the purposes of section 113(4) of this Act to have been granted by the Minister under that section of this Act. 7. Section 114 applies to plant left on land after an instrument referred to in section 59(1) of the **Mines Act 1958** ceases to apply to that land in the same way that it applies to plant left on land after a licence ceases to apply to that land with the modification that for any reference to a period of 6 months there is to be substituted a reference to the period that was applicable in relation to the instrument under section 59(1) of the **Mines Act 1958**. 8. Any provision of the **Mines Act 1958** that is repealed by this Act continues, despite its repeal, to apply to and in relation to— (a) any proceeding or appeal under that provision pending before a court or the Administrative Appeals Tribunal; or (b) any dispute or other matter under that provision pending before a Land Valuation Board of Review established under Part III of the **Valuation of Land Act 1960**; or (c) any investigation or inquiry under that provision pending before the mining warden; or (d) any inquiry under that provision pending before the Board of Examiners for Mine Managers; or (e) any inquiry or other matter under that provision pending before the Minister; or (f) any arbitration under that provision pending— immediately before that repeal as if this Act had not been enacted. 9. Division 1A of Part III of the **Mines Act 1958** continues, despite its repeal, to apply with respect to any tribute agreement in force immediately before that repeal. 10. Section 527 of the **Mines Act 1958** continues, despite its repeal, to apply with respect to returns furnished under subsection (1) of that section or any corresponding previous enactment. 11. (1) Any drainage board appointed under Division 4 of Part III. of the **Mines Act 1958** is abolished and its members go out of office on the commencement of this subclause. (2) Any sludge abatement trust appointed under Subdivision 3 of Division 5 of Part III. of the **Mines Act 1958** is abolished and its members go out of office on the commencement of this subclause. (3) The Mining Consultative Committee established under Division 1 of Part IVA of the **Mines Act 1958** is abolished and its members go out of office on the commencement of this subclause. 12. Any land that was, immediately before the commencement of item 4 of Schedule 1, reserved under section 7 of the **Crown Land (Reserves) Act 1978** must for the purposes of this Act be taken, on and after that commencement, to be nominated under that section as substituted by that item. Sch. 2 cl. 13 inserted by No. 7/1994 s. 7. 13. (1) In this clause— (a) ***extractive industry title*** means a lease, licence or permit— (i) granted or issued under the **Extractive Industries Act 1966** and in force in respect of a substance immediately before that substance became a mineral within the meaning of this Act; or (ii) granted or issued in respect of a substance under that Act on an extractive industry title application after that substance became a mineral within the meaning of this Act; (b) ***extractive industry title application*** means an application for the grant or issue of a lease, licence or permit under the **Extractive Industries Act 1966** in respect of a substance where the application is made before, but not determined at, the date on which that substance became a mineral within the meaning of this Act; (c) a reference to a substance becoming a mineral within the meaning of this Act is a reference to it becoming such a mineral by virtue of being specified in Schedule 4 to this Act. (2) The fact that a substance has become a mineral within the meaning of this Act does not disturb the continuity of status, operation or effect of— (a) an extractive industry title; or (b) an extractive industry title application; or (c) an application for the assignment, transfer, consolidation, variation or renewal of an extractive industry title; or (d) any right to make an application of a kind referred to in paragraph (c); or (e) an assignment of an interest in an extractive industry title application or any right to make such an assignment. (3) An extractive industry title may be varied, renewed, assigned, transferred, consolidated, suspended, cancelled or revoked in accordance with the **Extractive Industries Act 1966** as if the substance to which the title applies were not a mineral within the meaning of this Act. Sch. 3 inserted by No. 86/1993 s. 38.