❓ A WA parliamentary question reveals legal problems with the Mining Amendment Act 2004 regarding reversion licence applications, special prospecting licences, and statutory "swallow-up" provisions. Amendments are being drafted for introduction in the current parliamentary session.
AnsweredQoN 139Legislative Council
QuestionView source ↗
I refer the minister to a report in The West Australian dated 12 March 2005 that indicated legal problems with the Mining Act flowing from the government’s changes made to the act last year. (1) Will the minister confirm the report? (2) Will the minister explain the problems with the legislation? (3) Will the minister indicate what is proposed to resolve the problem and when will the government be able to do so? (4) Has the government drafted the regulations for reversion licence applications; and, if so, when will they be introduced into Parliament? Hon KIM CHANCE
AnswerView source ↗
The answer is a little lengthy, but I think it is worth my going through it because it is an important issue. I am advised - (1) As was reported, further amendments are required to give effect to the scheme for reversion licence applications in the Mining Amendment Act 2004. (2) As a result of amendment of the act, the order under which the reversion licence scheme was to have operated can no longer provide that a reversion licence - a new exploration licence or prospecting licence - can be granted over an existing exploration licence or prospecting licence because of the Mining Act requirement that an exploration licence or prospecting licence cannot be granted over ground already the subject of a granted exploration or prospecting licence. This situation arises in approximately 60 per cent of the cases in which reversion licences will be applied for to remove the backlog of mining lease applications. Amendment is also required to address problems with special prospecting licences and statutory “swallow-up” provisions when pre-1991 exploration licences are involved. (3) Amendments are currently being drafted so that they can be introduced in the current session of Parliament. (4) Regulations have been drafted but they will require amendment dependent on the outcome of the proposed further amendments to the Mining Amendment Act 2004. The regulations will be tabled in Parliament following gazettal.
(1) Will the minister confirm the report? (2) Will the minister explain the problems with the legislation? (3) Will the minister indicate what is proposed to resolve the problem and when will the government be able to do so? (4) Has the government drafted the regulations for reversion licence applications; and, if so, when will they be introduced into Parliament? Hon KIM CHANCE replied: The answer is a little lengthy, but I think it is worth my going through it because it is an important issue. I am advised - (1) As was reported, further amendments are required to give effect to the scheme for reversion licence applications in the Mining Amendment Act 2004. (2) As a result of amendment of the act, the order under which the reversion licence scheme was to have operated can no longer provide that a reversion licence - a new exploration licence or prospecting licence - can be granted over an existing exploration licence or prospecting licence because of the Mining Act requirement that an exploration licence or prospecting licence cannot be granted over ground already the subject of a granted exploration or prospecting licence. This situation arises in approximately 60 per cent of the cases in which reversion licences will be applied for to remove the backlog of mining lease applications. Amendment is also required to address problems with special prospecting licences and statutory “swallow-up” provisions when pre-1991 exploration licences are involved. (3) Amendments are currently being drafted so that they can be introduced in the current session of Parliament. (4) Regulations have been drafted but they will require amendment dependent on the outcome of the proposed further amendments to the Mining Amendment Act 2004. The regulations will be tabled in Parliament following gazettal.
(2) Will the minister explain the problems with the legislation? (3) Will the minister indicate what is proposed to resolve the problem and when will the government be able to do so? (4) Has the government drafted the regulations for reversion licence applications; and, if so, when will they be introduced into Parliament? Hon KIM CHANCE replied: The answer is a little lengthy, but I think it is worth my going through it because it is an important issue. I am advised - (1) As was reported, further amendments are required to give effect to the scheme for reversion licence applications in the Mining Amendment Act 2004. (2) As a result of amendment of the act, the order under which the reversion licence scheme was to have operated can no longer provide that a reversion licence - a new exploration licence or prospecting licence - can be granted over an existing exploration licence or prospecting licence because of the Mining Act requirement that an exploration licence or prospecting licence cannot be granted over ground already the subject of a granted exploration or prospecting licence. This situation arises in approximately 60 per cent of the cases in which reversion licences will be applied for to remove the backlog of mining lease applications. Amendment is also required to address problems with special prospecting licences and statutory “swallow-up” provisions when pre-1991 exploration licences are involved. (3) Amendments are currently being drafted so that they can be introduced in the current session of Parliament. (4) Regulations have been drafted but they will require amendment dependent on the outcome of the proposed further amendments to the Mining Amendment Act 2004. The regulations will be tabled in Parliament following gazettal.
(3) Will the minister indicate what is proposed to resolve the problem and when will the government be able to do so? (4) Has the government drafted the regulations for reversion licence applications; and, if so, when will they be introduced into Parliament? Hon KIM CHANCE replied: The answer is a little lengthy, but I think it is worth my going through it because it is an important issue. I am advised - (1) As was reported, further amendments are required to give effect to the scheme for reversion licence applications in the Mining Amendment Act 2004. (2) As a result of amendment of the act, the order under which the reversion licence scheme was to have operated can no longer provide that a reversion licence - a new exploration licence or prospecting licence - can be granted over an existing exploration licence or prospecting licence because of the Mining Act requirement that an exploration licence or prospecting licence cannot be granted over ground already the subject of a granted exploration or prospecting licence. This situation arises in approximately 60 per cent of the cases in which reversion licences will be applied for to remove the backlog of mining lease applications. Amendment is also required to address problems with special prospecting licences and statutory “swallow-up” provisions when pre-1991 exploration licences are involved. (3) Amendments are currently being drafted so that they can be introduced in the current session of Parliament. (4) Regulations have been drafted but they will require amendment dependent on the outcome of the proposed further amendments to the Mining Amendment Act 2004. The regulations will be tabled in Parliament following gazettal.
(4) Has the government drafted the regulations for reversion licence applications; and, if so, when will they be introduced into Parliament? Hon KIM CHANCE replied: The answer is a little lengthy, but I think it is worth my going through it because it is an important issue. I am advised - (1) As was reported, further amendments are required to give effect to the scheme for reversion licence applications in the Mining Amendment Act 2004. (2) As a result of amendment of the act, the order under which the reversion licence scheme was to have operated can no longer provide that a reversion licence - a new exploration licence or prospecting licence - can be granted over an existing exploration licence or prospecting licence because of the Mining Act requirement that an exploration licence or prospecting licence cannot be granted over ground already the subject of a granted exploration or prospecting licence. This situation arises in approximately 60 per cent of the cases in which reversion licences will be applied for to remove the backlog of mining lease applications. Amendment is also required to address problems with special prospecting licences and statutory “swallow-up” provisions when pre-1991 exploration licences are involved. (3) Amendments are currently being drafted so that they can be introduced in the current session of Parliament. (4) Regulations have been drafted but they will require amendment dependent on the outcome of the proposed further amendments to the Mining Amendment Act 2004. The regulations will be tabled in Parliament following gazettal.
Hon KIM CHANCE replied: The answer is a little lengthy, but I think it is worth my going through it because it is an important issue. I am advised - (1) As was reported, further amendments are required to give effect to the scheme for reversion licence applications in the Mining Amendment Act 2004. (2) As a result of amendment of the act, the order under which the reversion licence scheme was to have operated can no longer provide that a reversion licence - a new exploration licence or prospecting licence - can be granted over an existing exploration licence or prospecting licence because of the Mining Act requirement that an exploration licence or prospecting licence cannot be granted over ground already the subject of a granted exploration or prospecting licence. This situation arises in approximately 60 per cent of the cases in which reversion licences will be applied for to remove the backlog of mining lease applications. Amendment is also required to address problems with special prospecting licences and statutory “swallow-up” provisions when pre-1991 exploration licences are involved. (3) Amendments are currently being drafted so that they can be introduced in the current session of Parliament. (4) Regulations have been drafted but they will require amendment dependent on the outcome of the proposed further amendments to the Mining Amendment Act 2004. The regulations will be tabled in Parliament following gazettal.
The answer is a little lengthy, but I think it is worth my going through it because it is an important issue. I am advised - (1) As was reported, further amendments are required to give effect to the scheme for reversion licence applications in the Mining Amendment Act 2004. (2) As a result of amendment of the act, the order under which the reversion licence scheme was to have operated can no longer provide that a reversion licence - a new exploration licence or prospecting licence - can be granted over an existing exploration licence or prospecting licence because of the Mining Act requirement that an exploration licence or prospecting licence cannot be granted over ground already the subject of a granted exploration or prospecting licence. This situation arises in approximately 60 per cent of the cases in which reversion licences will be applied for to remove the backlog of mining lease applications. Amendment is also required to address problems with special prospecting licences and statutory “swallow-up” provisions when pre-1991 exploration licences are involved. (3) Amendments are currently being drafted so that they can be introduced in the current session of Parliament. (4) Regulations have been drafted but they will require amendment dependent on the outcome of the proposed further amendments to the Mining Amendment Act 2004. The regulations will be tabled in Parliament following gazettal.
I am advised - (1) As was reported, further amendments are required to give effect to the scheme for reversion licence applications in the Mining Amendment Act 2004. (2) As a result of amendment of the act, the order under which the reversion licence scheme was to have operated can no longer provide that a reversion licence - a new exploration licence or prospecting licence - can be granted over an existing exploration licence or prospecting licence because of the Mining Act requirement that an exploration licence or prospecting licence cannot be granted over ground already the subject of a granted exploration or prospecting licence. This situation arises in approximately 60 per cent of the cases in which reversion licences will be applied for to remove the backlog of mining lease applications. Amendment is also required to address problems with special prospecting licences and statutory “swallow-up” provisions when pre-1991 exploration licences are involved. (3) Amendments are currently being drafted so that they can be introduced in the current session of Parliament. (4) Regulations have been drafted but they will require amendment dependent on the outcome of the proposed further amendments to the Mining Amendment Act 2004. The regulations will be tabled in Parliament following gazettal.
(1) As was reported, further amendments are required to give effect to the scheme for reversion licence applications in the Mining Amendment Act 2004. (2) As a result of amendment of the act, the order under which the reversion licence scheme was to have operated can no longer provide that a reversion licence - a new exploration licence or prospecting licence - can be granted over an existing exploration licence or prospecting licence because of the Mining Act requirement that an exploration licence or prospecting licence cannot be granted over ground already the subject of a granted exploration or prospecting licence. This situation arises in approximately 60 per cent of the cases in which reversion licences will be applied for to remove the backlog of mining lease applications. Amendment is also required to address problems with special prospecting licences and statutory “swallow-up” provisions when pre-1991 exploration licences are involved. (3) Amendments are currently being drafted so that they can be introduced in the current session of Parliament. (4) Regulations have been drafted but they will require amendment dependent on the outcome of the proposed further amendments to the Mining Amendment Act 2004. The regulations will be tabled in Parliament following gazettal.
(2) As a result of amendment of the act, the order under which the reversion licence scheme was to have operated can no longer provide that a reversion licence - a new exploration licence or prospecting licence - can be granted over an existing exploration licence or prospecting licence because of the Mining Act requirement that an exploration licence or prospecting licence cannot be granted over ground already the subject of a granted exploration or prospecting licence. This situation arises in approximately 60 per cent of the cases in which reversion licences will be applied for to remove the backlog of mining lease applications. Amendment is also required to address problems with special prospecting licences and statutory “swallow-up” provisions when pre-1991 exploration licences are involved. (3) Amendments are currently being drafted so that they can be introduced in the current session of Parliament. (4) Regulations have been drafted but they will require amendment dependent on the outcome of the proposed further amendments to the Mining Amendment Act 2004. The regulations will be tabled in Parliament following gazettal.
(3) Amendments are currently being drafted so that they can be introduced in the current session of Parliament. (4) Regulations have been drafted but they will require amendment dependent on the outcome of the proposed further amendments to the Mining Amendment Act 2004. The regulations will be tabled in Parliament following gazettal.
(4) Regulations have been drafted but they will require amendment dependent on the outcome of the proposed further amendments to the Mining Amendment Act 2004. The regulations will be tabled in Parliament following gazettal.
(1) Will the minister confirm the report? (2) Will the minister explain the problems with the legislation? (3) Will the minister indicate what is proposed to resolve the problem and when will the government be able to do so? (4) Has the government drafted the regulations for reversion licence applications; and, if so, when will they be introduced into Parliament? Hon KIM CHANCE replied: The answer is a little lengthy, but I think it is worth my going through it because it is an important issue. I am advised - (1) As was reported, further amendments are required to give effect to the scheme for reversion licence applications in the Mining Amendment Act 2004. (2) As a result of amendment of the act, the order under which the reversion licence scheme was to have operated can no longer provide that a reversion licence - a new exploration licence or prospecting licence - can be granted over an existing exploration licence or prospecting licence because of the Mining Act requirement that an exploration licence or prospecting licence cannot be granted over ground already the subject of a granted exploration or prospecting licence. This situation arises in approximately 60 per cent of the cases in which reversion licences will be applied for to remove the backlog of mining lease applications. Amendment is also required to address problems with special prospecting licences and statutory “swallow-up” provisions when pre-1991 exploration licences are involved. (3) Amendments are currently being drafted so that they can be introduced in the current session of Parliament. (4) Regulations have been drafted but they will require amendment dependent on the outcome of the proposed further amendments to the Mining Amendment Act 2004. The regulations will be tabled in Parliament following gazettal.
(2) Will the minister explain the problems with the legislation? (3) Will the minister indicate what is proposed to resolve the problem and when will the government be able to do so? (4) Has the government drafted the regulations for reversion licence applications; and, if so, when will they be introduced into Parliament? Hon KIM CHANCE replied: The answer is a little lengthy, but I think it is worth my going through it because it is an important issue. I am advised - (1) As was reported, further amendments are required to give effect to the scheme for reversion licence applications in the Mining Amendment Act 2004. (2) As a result of amendment of the act, the order under which the reversion licence scheme was to have operated can no longer provide that a reversion licence - a new exploration licence or prospecting licence - can be granted over an existing exploration licence or prospecting licence because of the Mining Act requirement that an exploration licence or prospecting licence cannot be granted over ground already the subject of a granted exploration or prospecting licence. This situation arises in approximately 60 per cent of the cases in which reversion licences will be applied for to remove the backlog of mining lease applications. Amendment is also required to address problems with special prospecting licences and statutory “swallow-up” provisions when pre-1991 exploration licences are involved. (3) Amendments are currently being drafted so that they can be introduced in the current session of Parliament. (4) Regulations have been drafted but they will require amendment dependent on the outcome of the proposed further amendments to the Mining Amendment Act 2004. The regulations will be tabled in Parliament following gazettal.
(3) Will the minister indicate what is proposed to resolve the problem and when will the government be able to do so? (4) Has the government drafted the regulations for reversion licence applications; and, if so, when will they be introduced into Parliament? Hon KIM CHANCE replied: The answer is a little lengthy, but I think it is worth my going through it because it is an important issue. I am advised - (1) As was reported, further amendments are required to give effect to the scheme for reversion licence applications in the Mining Amendment Act 2004. (2) As a result of amendment of the act, the order under which the reversion licence scheme was to have operated can no longer provide that a reversion licence - a new exploration licence or prospecting licence - can be granted over an existing exploration licence or prospecting licence because of the Mining Act requirement that an exploration licence or prospecting licence cannot be granted over ground already the subject of a granted exploration or prospecting licence. This situation arises in approximately 60 per cent of the cases in which reversion licences will be applied for to remove the backlog of mining lease applications. Amendment is also required to address problems with special prospecting licences and statutory “swallow-up” provisions when pre-1991 exploration licences are involved. (3) Amendments are currently being drafted so that they can be introduced in the current session of Parliament. (4) Regulations have been drafted but they will require amendment dependent on the outcome of the proposed further amendments to the Mining Amendment Act 2004. The regulations will be tabled in Parliament following gazettal.
(4) Has the government drafted the regulations for reversion licence applications; and, if so, when will they be introduced into Parliament? Hon KIM CHANCE replied: The answer is a little lengthy, but I think it is worth my going through it because it is an important issue. I am advised - (1) As was reported, further amendments are required to give effect to the scheme for reversion licence applications in the Mining Amendment Act 2004. (2) As a result of amendment of the act, the order under which the reversion licence scheme was to have operated can no longer provide that a reversion licence - a new exploration licence or prospecting licence - can be granted over an existing exploration licence or prospecting licence because of the Mining Act requirement that an exploration licence or prospecting licence cannot be granted over ground already the subject of a granted exploration or prospecting licence. This situation arises in approximately 60 per cent of the cases in which reversion licences will be applied for to remove the backlog of mining lease applications. Amendment is also required to address problems with special prospecting licences and statutory “swallow-up” provisions when pre-1991 exploration licences are involved. (3) Amendments are currently being drafted so that they can be introduced in the current session of Parliament. (4) Regulations have been drafted but they will require amendment dependent on the outcome of the proposed further amendments to the Mining Amendment Act 2004. The regulations will be tabled in Parliament following gazettal.
Hon KIM CHANCE replied: The answer is a little lengthy, but I think it is worth my going through it because it is an important issue. I am advised - (1) As was reported, further amendments are required to give effect to the scheme for reversion licence applications in the Mining Amendment Act 2004. (2) As a result of amendment of the act, the order under which the reversion licence scheme was to have operated can no longer provide that a reversion licence - a new exploration licence or prospecting licence - can be granted over an existing exploration licence or prospecting licence because of the Mining Act requirement that an exploration licence or prospecting licence cannot be granted over ground already the subject of a granted exploration or prospecting licence. This situation arises in approximately 60 per cent of the cases in which reversion licences will be applied for to remove the backlog of mining lease applications. Amendment is also required to address problems with special prospecting licences and statutory “swallow-up” provisions when pre-1991 exploration licences are involved. (3) Amendments are currently being drafted so that they can be introduced in the current session of Parliament. (4) Regulations have been drafted but they will require amendment dependent on the outcome of the proposed further amendments to the Mining Amendment Act 2004. The regulations will be tabled in Parliament following gazettal.
The answer is a little lengthy, but I think it is worth my going through it because it is an important issue. I am advised - (1) As was reported, further amendments are required to give effect to the scheme for reversion licence applications in the Mining Amendment Act 2004. (2) As a result of amendment of the act, the order under which the reversion licence scheme was to have operated can no longer provide that a reversion licence - a new exploration licence or prospecting licence - can be granted over an existing exploration licence or prospecting licence because of the Mining Act requirement that an exploration licence or prospecting licence cannot be granted over ground already the subject of a granted exploration or prospecting licence. This situation arises in approximately 60 per cent of the cases in which reversion licences will be applied for to remove the backlog of mining lease applications. Amendment is also required to address problems with special prospecting licences and statutory “swallow-up” provisions when pre-1991 exploration licences are involved. (3) Amendments are currently being drafted so that they can be introduced in the current session of Parliament. (4) Regulations have been drafted but they will require amendment dependent on the outcome of the proposed further amendments to the Mining Amendment Act 2004. The regulations will be tabled in Parliament following gazettal.
I am advised - (1) As was reported, further amendments are required to give effect to the scheme for reversion licence applications in the Mining Amendment Act 2004. (2) As a result of amendment of the act, the order under which the reversion licence scheme was to have operated can no longer provide that a reversion licence - a new exploration licence or prospecting licence - can be granted over an existing exploration licence or prospecting licence because of the Mining Act requirement that an exploration licence or prospecting licence cannot be granted over ground already the subject of a granted exploration or prospecting licence. This situation arises in approximately 60 per cent of the cases in which reversion licences will be applied for to remove the backlog of mining lease applications. Amendment is also required to address problems with special prospecting licences and statutory “swallow-up” provisions when pre-1991 exploration licences are involved. (3) Amendments are currently being drafted so that they can be introduced in the current session of Parliament. (4) Regulations have been drafted but they will require amendment dependent on the outcome of the proposed further amendments to the Mining Amendment Act 2004. The regulations will be tabled in Parliament following gazettal.
(1) As was reported, further amendments are required to give effect to the scheme for reversion licence applications in the Mining Amendment Act 2004. (2) As a result of amendment of the act, the order under which the reversion licence scheme was to have operated can no longer provide that a reversion licence - a new exploration licence or prospecting licence - can be granted over an existing exploration licence or prospecting licence because of the Mining Act requirement that an exploration licence or prospecting licence cannot be granted over ground already the subject of a granted exploration or prospecting licence. This situation arises in approximately 60 per cent of the cases in which reversion licences will be applied for to remove the backlog of mining lease applications. Amendment is also required to address problems with special prospecting licences and statutory “swallow-up” provisions when pre-1991 exploration licences are involved. (3) Amendments are currently being drafted so that they can be introduced in the current session of Parliament. (4) Regulations have been drafted but they will require amendment dependent on the outcome of the proposed further amendments to the Mining Amendment Act 2004. The regulations will be tabled in Parliament following gazettal.
(2) As a result of amendment of the act, the order under which the reversion licence scheme was to have operated can no longer provide that a reversion licence - a new exploration licence or prospecting licence - can be granted over an existing exploration licence or prospecting licence because of the Mining Act requirement that an exploration licence or prospecting licence cannot be granted over ground already the subject of a granted exploration or prospecting licence. This situation arises in approximately 60 per cent of the cases in which reversion licences will be applied for to remove the backlog of mining lease applications. Amendment is also required to address problems with special prospecting licences and statutory “swallow-up” provisions when pre-1991 exploration licences are involved. (3) Amendments are currently being drafted so that they can be introduced in the current session of Parliament. (4) Regulations have been drafted but they will require amendment dependent on the outcome of the proposed further amendments to the Mining Amendment Act 2004. The regulations will be tabled in Parliament following gazettal.
(3) Amendments are currently being drafted so that they can be introduced in the current session of Parliament. (4) Regulations have been drafted but they will require amendment dependent on the outcome of the proposed further amendments to the Mining Amendment Act 2004. The regulations will be tabled in Parliament following gazettal.
(4) Regulations have been drafted but they will require amendment dependent on the outcome of the proposed further amendments to the Mining Amendment Act 2004. The regulations will be tabled in Parliament following gazettal.
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