12The *Mining Amendment Act 1998* s. 4(3) reads as follows:

12 The *Mining Amendment Act 1998* s. 4(3) reads as follows: (3) An application for renewal under section 91(4) of the principal Act that has not been determined on the commencement of this Act is to be treated as an application for renewal under section 91A(3)(a) as inserted into the principal Act by section 5. 13 The proclamation for the commencement of s. 12 (*Gazette* 14 Jan 2005 p. 164) was revoked in *Gazette* 24 Mar 2005 p. 1001. 14 The *Mining Amendment Act 2004* s. 5(2), 6(2), 11, 15(2) and 19 (as amended by the *Mining Legislation Amendment and Validation Act 2008* s. 5 and the *Mining Amendment Act 2012* Pt. 3)*,* 32(3), 35, 36(2), 39(2), 86, 90(2), s. 98(2)‑(4) and Pt. 12 read as follows: 5. Section 45 amended and savings provision (2) Despite the amendment made by subsection (1), section 45 of the *Mining Act 1978* as in force immediately before the commencement of this section continues to apply to and in relation to — (a) any prospecting licence in force under that Act immediately before the commencement; and (b) any prospecting licence granted under that Act after the commencement in respect of an application made before the commencement. 6. Section 46 amended and transitional provision (2) Section 46(aa) of the *Mining Act 1978* as inserted by subsection (1) does not apply to a prospecting licence granted under that Act before the day on which this section comes into operation. 11. Transitional provision old provisions means sections 56A, 70 and 85B of the *Mining Act 1978* as in force immediately before the commencement. (2) Despite the amendments made by this Part, the old provisions continue to apply to and in relation to an application for a special prospecting licence or a mining lease for gold under the *Mining Act 1978* that is pending immediately before the commencement. 15. Section 63 amended and transitional provision (2) Section 63(aa) of the *Mining Act 1978* as inserted by subsection (1) does not apply to an exploration licence granted under that Act before the day on which this section comes into operation. 19. Transitional and savings provisions old provisions means the *Mining Act 1978* as in force immediately before the commencement; relevant licence means — (a) an exploration licence granted under the *Mining Act 1978* that is in force immediately before the commencement; or (b) an exploration licence granted under the *Mining Act 1978* after the commencement in respect of an application made before the commencement. (2) Despite the amendments made by this Part, the old provisions (other than sections 61(3), 63A, 65(1a), 65(1c) and 65(4)) continue to apply to and in relation to a relevant licence. (2a) Section 61(3) and (3a) of the *Mining Act 1978* apply to and in relation to an application for the extension of the term of a relevant licence. (3) If the holder of a relevant licence fails to comply with the requirements for surrender in section 65(1) or (1b) of the old provisions, the Minister must, by notice in writing, require the holder to lodge the surrender for registration within a period specified in the notice. (4) Section 63A of the *Mining Act 1978* applies to and in relation to a relevant licence as if it contained a provision to the effect that the licence is liable to forfeiture if the holder of the licence fails to comply with a requirement under subsection (3). (5) Despite the amendments made by section 16, section 65(1a) of the old provisions continues to apply to and in relation to a relevant licence as if — (a) “licence — ” were replaced by — “ licence ”; (b) paragraphs (a) and (b), and “or” after paragraph (a), were deleted; and (c) “the Minister may exempt” were replaced by — “ the Minister may, if satisfied that a ground for exemption exists, exempt ”. (6) For the purposes of the application of section 65(1a) of the old provisions as modified by subsection (5) each of the following is a ground for exemption — (a) by reason of difficulties or delays — (i) occasioned by law; or (ii) arising from administrative, political, environmental or other requirements of governmental or other authorities, in the State or elsewhere; or (iii) arising from a requirement to conduct an Aboriginal heritage survey on the land to which the application for exemption relates (the relevant land); or (iv) in obtaining requisite consents or approvals for exploration or for the marking out of a mining lease or general purpose lease in relation to any part of the relevant land; or (v) in gaining access to the relevant land because of unfavourable climatic conditions, the exploration programme, or the marking out and application appropriate to a mining lease or general purpose lease in relation to the relevant land, could not be undertaken or completed or is restricted in a manner that is, or subject to conditions that are, for the time being impracticable; (b) work already carried out under the licence justifies further exploration. (7) Despite the amendments made by section 16, section 65(1c) of the old provisions continues to apply to and in relation to a relevant licence as if section 65(1c)(b) were replaced by the following paragraph — “ (b) shall be lodged at an office of the Department on or before the last day of the third or fourth year, as the case requires, of the term for which it is lodged; ”. [Section 19 amended: No. 19 of 2008 s. 5; No. 51 of 2012 s. 45.] 32. Section 82 amended and transitional provisions (3) Section 82(1)(ca) of the *Mining Act 1978* as inserted by subsection (1) does not apply to a mining lease granted under that Act before the day on which this section comes into operation. 35. Transitional provision old provisions means sections 74 and 75 of the *Mining Act 1978* as in force immediately before the commencement. (2) Despite the amendments made by this Part, the old provisions continue to apply to and in relation to an application for a mining lease under the *Mining Act 1978* that is pending immediately before the commencement. 36. Section 70F replaced and transitional provision (2) Where, immediately before the commencement of this section, an application for a retention licence has been made, but has not been finally determined, under the *Mining Act 1978* — (a) the person who made the application is not required to comply with section 70F(1) of that Act as inserted by subsection (1); and (b) section 70F(4) of that Act as inserted by subsection (1) does not apply in respect of the application. 39. Section 84A replaced and transitional provision (2) Where, immediately before the commencement of this section, an application for a mining lease had been made, but had not been determined, under the *Mining Act 1978* — (a) the person who made the application is not required to comply with section 84A(1) of that Act as inserted by subsection (1); and (b) section 84A(4) of that Act as inserted by subsection (1) does not apply in respect of the application. 86. Transitional provision If, on the commencement of this Part, an application or objection in respect of a mining tenement has been made, but has not been determined, under Part IV of the *Mining Act 1978*, the application or objection is to be dealt with and determined under that Act as if this Part had not come into operation. 90. Section 70H amended and transitional provision (2) Section 70H(1)(aa) of the *Mining Act 1978* as inserted by subsection (1) does not apply to a retention licence granted under that Act before the day on which this section comes into operation. 98. Section 118A inserted and validation and transitional provisions (2) A mining authorisation given before the commencement is, and is to be taken to have always been, as valid and effective as it would have been if the amendment made by subsection (1) had been in effect at the time it was given. (3) On and after the commencement an existing mining authorisation is be treated as an authorisation under section 118A(2) of the *Mining Act 1978* as inserted by subsection (1). (4) In subsections (2) and (3) — commencement means the commencement of this section; existing mining authorisation means a mining authorisation in force immediately before the commencement; mining authorisation means an instrument in writing under which the holder of a prospecting licence, exploration licence or mining lease (as those terms are defined in the *Mining Act 1978*) purports to authorise another person to carry out mining of the kind authorised by the licence or lease on the land the subject of the licence or lease.