Part 3Provisions relating to miscellaneous licences

Part 3 — Provisions relating to miscellaneous licences

8. Validation of grant of certain miscellaneous licences

If, before the day on which this section comes into operation, a miscellaneous licence was granted for a purpose approved or specified by the Director General of Mines —

(a) the grant of the licence; and

(b) anything done or purportedly done under the licence or in relation to the licence,

are taken to be, and always to have been, as valid and effective as they would have been if the purpose so approved or specified had been prescribed for the purposes of the Mining Act 1978 section 91(1) at the time of the grant.

9. Pending applications for miscellaneous licence

If —

(a) an application has been made for a miscellaneous licence for a purpose approved or specified by the Director General of Mines; and

(b) the application has not been determined before the day on which this section comes into operation,

the application is to be dealt with and determined as if, on and from the time the application was made, the purpose so approved or specified were prescribed for the purposes of the Mining Act 1978 section 91(1).

6 The Mining Amendment Act 1986 Pt. II amended the Mining Amendment Act 1985 s. 34 and 88. The Mining Amendment Act 1990 s. 39 repealed the Mining Amendment Act 1985 s. 88 and 90 before they came into operation.

7 The Mining Amendment Act 1990 s. 40 (as amended by the Mining Amendment Act 1993 s. 30(1) and (2) and the Mining Amendment Act 1994 s. 53) reads as follows:

40. Savings and transitional

(1) Notwithstanding sections 15, 16, 17, 19 and 34 but subject to this section —

(a) the amendments to the principal Act effected by those sections do not have effect in relation to —

(i) any exploration licence in force before the commencement day;

(ii) any application for an exploration licence lodged with the Department before the commencement day; or

(iii) any exploration licence granted in respect of an application referred to in subparagraph (ii);

(b) where, after the commencement day —

(i) land becomes available from an existing licence; and

(ii) other land in the same block is the subject of an exploration licence granted in respect of an application lodged with the Department on or after the commencement day,