Accessing Mining Act 1978 and Offshore Minerals Act 2003
The Western Australian Mining Act 1978 is an act to consolidate and amend the law relating to mining and for incidental and other purposes.
Until recently the Mining Act 1978 has applied to the land area of the State and, by arrangement with the Commonwealth, the first three nautical miles of the territorial sea from the baseline.
The baseline is a nominated line that generally constitutes the mean low water mark, but also goes across bays and around offshore islands and is depicted on the Department of Mines and Petroleum’s (DMP) Tengraph mapping system.
Under the Offshore Constitutional Settlement, agreed many years ago between the States, Northern Territory and Commonwealth, it was determined that there would be an Australia-wide common minerals legislative regime that would apply to all of the territorial sea.
The commencement of the Offshore Minerals Act 2003 from January 1, 2011 fulfils Western Australia’s commitment to that agreement. From that date granted mineral tenements and applications that encroach into this area are now be governed by that Offshore Minerals Act 2003 and not the Mining Act 1978.
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How to find the Mining Act 1978, the Mining Regulations 1981 and the Offshore Minerals Act 2003
How to find the Mining Act 1978, the Mining Regulations 1981 and the Offshore Minerals Act 2003
Current versions of the Mining Act 1978, the Mining Regulations 1981 and the Offshore Minerals Act 2003 are located on the State Law Publisher website.
