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 The *Mining Amendment Act 1990* s. 39 repealed the *Mining Amendment Act 1985* s. 88 and 90 before they came into operation. 7 The *Mining Amendment Act 1990* s. 40 (as amended by the *Mining Amendment Act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, the exploration licence referred to in subparagraph (ii) shall, by virtue, be amended to include the land that has become available from the existing licence; (c) where, after section 52 of the *Mining Amendment Act 1994* commences — (i) land becomes available from an existing licence; and (ii) other land in the same block is the subject of an application for an exploration licence lodged with the Department on or after the commencement day, the application referred to in subparagraph (ii) is deemed to extend, and to have always extended, to the land that has become available from the existing licence, and, if an exploration licence is granted as a result of the application, that land shall be included in the exploration licence. (1a) Subsection (1)(b) or (c) does not apply if the land that has become available from an existing licence has been included in an application under section 67 or 70B and a mining lease, general purpose lease or retention licence is granted in respect of that application. (2) Without affecting anything in subsection (1) the Governor may make regulations providing for such savings and transitional matters as are convenient or necessary for the purposes of giving effect to the amendments effected by this Act to the principal Act. (3) In this section — block means a block as described in section 56C of the principal Act as in force after the commencement of section 15 of this Act; commencement day means the day on which sections 15, 16, 17, 19 and 34 of this Act come into operation; existing licence means an exploration licence referred to in subsection (1)(a)(i) or (iii). (4) A reference in this section to land becoming available from an existing licence is a reference to the land being surrendered or forfeited (otherwise than under section 98 of the principal Act) or to the expiry of the existing licence. 8 The *Mining Amendment Act 1993* s. 5(2), 19(2) and 28(2), and s. 29 and 30(3) (which are in Pt. 3 of the Act) read as follows: 5. Section 45 amended and savings (2) Notwithstanding subsection (1), section 45 of the principal Act as in force immediately before the commencement of this section continues to have effect in relation to — (a) any prospecting licence in force before that commencement; and (b) any application for an extension of the term of a prospecting licence lodged before that commencement. 19. Section 114A inserted and validation (2) Any act or thing done before the commencement of the section by the holder of a mining tenement as defined in the principal Act is, and is to be regarded as having always been, as valid, lawful and effective as it would have been if — (a) section 114A of the principal Act as inserted by subsection (1); (b) section 114(7) of the principal Act as amended by this Act; and (c) clause 7(5) of the Second Schedule to the principal Act as inserted by this Act, had been in operation when the act or thing was done. 28. Amendments relating to surveys and savings provision (2) Notwithstanding subsection (1), section 80(3) of the principal Act as in force immediately before the commencement of this section continues to have effect in relation to survey fees paid under the principal Act before that commencement. 29. Principal Act In this Part the *Mining Amendment Act 1990* is referred to as the principal Act. 30. *Mining Amendment Act 1990* amended and transitional (3) Notwithstanding section 40 of the principal Act as amended by this section — (a) the amendment effected by section 19(b) of the principal Act; (b) section 65(1c)(b) and (c) of the *Mining Act 1978* as inserted by section 19(c) of the principal Act; and (c) the repeal effected by section 19(d) of the principal Act, have effect in relation to an exploration licence referred to in section 40(1)(a)(i) or (iii) of the principal Act.