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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2012-04-04 Daily Xml
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MINING (EXPLORATION AUTHORITIES) AMENDMENT BILL

Second Reading

Second reading.

The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for Tourism, Minister for the Status of Women) (22:01): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

The Mining (Miscellaneous) Amendment Act 2010, which came into operation on 1 July 2011, made various amendments to the Mining Act 1971. Amendments included the removal of the concept of a miner’s right from the Act. Section 20 of the Act was thus amended to establish a general right to prospect over mineral land in this State. A consequential amendment to remove a reference to a miner’s rights from the definition of exploration authority in section 6(1) of the Act was also made.

Under section 63F of the Mining Act 1971 an exploration authority does not confer a right to carry out mining operations that would affect native title rights and interests other than where they are properly authorised in accordance with that section. This ensures that the grant of these exploration authorities comply with the provisions of the Native Title Act 1993 (Cth).

The Native Title Act 1993 (Cth) requires that any legislative changes conferring a right to mine that affect native title must comply with the processes set out by the Commonwealth Act.

The amendments to section 20 purported to create a general right to mine which was not restricted by section 63F and may have included a right to undertake activities which could affect native title rights. This would not have complied with the requirements of the Native Title Act 1993 (Cth).

Accordingly, the amendment to the definition of exploration authority by the Bill makes it clear that an exploration authority includes a right to prospect for minerals under section 20 of the Act. This will redress the unintended consequence of the amendments made by the 2010 Act to section 20 thus ensuring that section 63F of the Act applies.

The Bill will be taken to have come into operation on 1 July 2011 which was the date on which the 2010 amendments came into operation to take account of rights to prospect that have come into existence from that date.

This will ensure that activities that relied on section 20 and had no affect on native title rights and interests can be regarded as having been authorised under the Act from the time of the 2010 amendments.

An audit has been made of all current mineral claims that may have been pegged from the date of the 2010 amendments to assess whether the pegging of any of these claims relied upon the operation of section 20. I am informed that there are none.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

This clause is formal.

2—Commencement

This clause provides that the Act will be taken to have come into operation on 1 July 2011.

3—Amendment provisions

This clause is formal.

Part 2—Amendment of Mining Act 1971

4—Amendment of section 6—Interpretation

This clause amends section 6 by inserting a new paragraph into the definition of exploration authority to ensure that the definition includes a right to prospect for minerals under section 20.

Debate adjourned on motion of Hon. D.W. Ridgway.

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