Part 8ASpecial mining enterprises

Part 8A—Special mining enterprises 56A—Object of this Part The object of this Part is to facilitate the establishment, development or expansion of mining enterprises of major significance to the economy of this State by allowing greater security and flexibility of tenure. 56B—Special mining enterprises (1) For the purposes of this Part, a mining enterprise (whether existing or proposed) is a special mining enterprise if— (a) the Governor is satisfied, after taking into account the advice of the Minister, that the enterprise is of major significance to the economy of the State; and (b) the Minister and the person who conducts or proposes to establish the enterprise (the proponent) have entered into an agreement for the exercise of powers under this Part and the grant of an appropriate mineral tenement or tenements in relation to the enterprise; and (c) the Governor has ratified the agreement between the Minister and the proponent. (2) This Part has effect subject to any guidelines issued by the Minister for the purposes of this Part. (3) The following provisions of this Act apply in relation to an application to the Minister under this Part as if the application were an application for a mining lease: (a) section 56E; (b) section 56F; (c) section 56G; (d) section 56H; (e) section 56I. (4) An application may be made under this Part in relation to an existing mineral tenement (or tenements), or for the purposes of obtaining a mineral tenement (or tenements) in relation to an enterprise. (5) An agreement under subsection (1)(b)— (a) must be in a form determined by the Minister after consultation with the proponent; and (b) has effect when ratified by the Governor and registered on the mining register; and (c) subject to subsection (6), may be varied from time to time by further agreement between the parties after complying with any process or procedure prescribed by the regulations. (6) An agreement under subsection (5)(c) has no force or effect unless or until it is ratified by the Governor and registered on the mining register. 56BA—Concept phase (1) The first step that a proponent who is seeking an agreement with the Minister under this Part must take is to consult with the Director of Mines about the proposal. (2) Consultation with the Director for the purposes of subsection (1) is initiated by an application made to the Director in a manner and form determined by the Director. (3) An application— (a) must incorporate or be accompanied by such information as may be prescribed by the regulations; and (4) The Director may require the proponent— (a) to furnish to the Director any additional information specified by the Director (and that information must be furnished within any period specified by the Director); and (b) to undertake any consultation required by the guidelines issued by the Minister or specified by the Director (and that consultation must be undertaken within a period specified by the Director); and (c) to take any other action specified by the Director. (5) The Director may— (a) bring the consultation envisaged by subsection (1) to an end as the Director thinks fit; and (b) at the end of the consultation, advise the proponent— (i) that the matter may proceed to an application to the Minister for the purposes of this Part; or (ii) that the matter is not, in the opinion of the Director, suitable for further consideration under this Part. (6) If subsection (5)(b)(i) applies, the proponent is entitled to proceed to make an application to the Minister (but otherwise the matter may not proceed further under this Part). 56BB—Application phase (1) If a proponent is entitled to proceed to make an application to the Minister, the application— (b) must be accompanied by a proposal containing the full particulars of the mining enterprise, including— (i) information that identifies the boundaries of the land in respect of which the proposal relates which is in accordance with the requirements of section 56E; and (ii) a statement of the nature, extent and proposed scheduling of the mining operations and related or ancillary operations or works that the proponent carries out or proposes to carry out under the enterprise; and (iii) an economic analysis of the enterprise, including financial projections and details of the financial resources available to the proponent for the purposes of the enterprise; and (iv) an assessment of the benefits to the State derived or expected to be derived from the enterprise; and (v) an assessment of the expected environmental effects of the enterprise; and (vi) a statement of the measures that the proponent considers appropriate to protect the environment, and to remedy environmental damage that may result on account of operations or activities carried out for the purposes of the enterprise; and (vii) a statement of the measures that the proponent considers appropriate for the protection of any Aboriginal sites or objects within the meaning of the Aboriginal Heritage Act 1988 that may be affected by the enterprise; and (c) must be accompanied by such other information as may be prescribed by the regulations; and (d) must be accompanied by the prescribed fee. (2) The Minister may require the proponent to furnish the Minister with any additional information specified by the Minister (and that information must be furnished within any period specified by the Minister). (3) An application will, in relation to any mineral tenement that may be subsequently granted under this Part (if the mining enterprise becomes a special mining enterprise), be taken to be an application duly made under this Act for that tenement. (4) The Minister may, at any time and in the Minister's absolute discretion (and without consultation with the proponent or taking any other step), by notice to the proponent, refuse an application under this Part. (5) No mineral claim may be established by, or a mineral tenement granted to, any other person over land to which an application under this Part relates until— (a) 28 days after the application is refused or withdrawn; or (b) a mineral tenement (or tenements) are granted to the proponent over the land. (6) The Minister must give notice of the approval of an application under this section in accordance with any prescribed requirements. 56C—Power to exempt from or modify Act (1) The Minister may, in accordance with the terms of an agreement under this Part (as ratified by the Governor)— (a) exempt a special mining enterprise from any provision of this Act; or (b) modify the application of a requirement of this Act in relation to the enterprise. (2) An exemption or modification cannot be granted or made to this Part in respect of the application of the following provisions of this Act: (a) sections 9 and 9AA; (b) section 61; (c) Part 9B; (d) Part 10A; (e) any other provision specified by the regulations. (3) An exemption or modification may be subject to conditions stipulated in the agreement. (4) An exemption or modification may not be granted or made under this section so as to discriminate against the holders of native title in land. (5) The Minister may vary or revoke an exemption or modification in accordance with and subject to the terms of the agreement. (6) The Minister must cause notice of an exemption or modification, and of any subsequent variation or revocation of it, to be published in the Gazette. (7) A person who contravenes or fails to comply with a condition of an exemption or modification under this section is guilty of an offence. 56D—Existing tenements (1) If land comprised in a mineral tenement granted in relation to a special mining enterprise pursuant to an agreement under this Part was, immediately before the granting of the tenement, comprised in a lease or licence held under this Act in respect of the same enterprise— (a) the lease or licence is, by force of this subsection, subsumed into the new mineral tenement; and (b) subject to a determination of the Minister or a court— (i) an interest (whether legal or equitable) in, or affecting, the lease or licence so subsumed (being an interest in force immediately before the granting of the mineral tenement) continues to have the same effect in respect of the mineral tenement as it had before the tenement was granted; and (ii) a liability of the holder of the mineral tenement in existence immediately before the granting of the tenement is not affected by the granting of the tenement; and (iii) an approval, consent, licence or exemption granted under another Act or law with respect to the carrying out of an operation or activity under the lease or licence will be taken to have been granted with respect to the carrying out of the same operation or activity under the new mineral tenement if the extent of the operation or activity, and the area of land over which it is to be carried out, are not to be substantially increased. (2) If— (a) an existing lease or licence is to be subsumed into a new mineral tenement under this Part; and (b) the existing lease or licence is subject to a term or condition that has been included to protect the environment, then the Minister must ensure that a comparable term or condition is included in the new tenement.