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ARTICLE · 01 SEPTEMBER 2008

Mining Legislation Amendment And Validation Act 2008 (WA) - Prescribed Purposes For Miscellaneous Licences

Norton Rose Fulbright Australia
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The Western Australian Parliament recently passed the Mining Legislation Amendment and Validation Act 2008 (WA) (MLAV Act), which introduces, among other things, some important changes regarding the prescribed purposes for miscellaneous licences.

AustraliaEnergy and Natural Resources
Liz Allnutt
Liz Allnutt
Jehann Mendis
Jehann Mendis
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The Western Australian Parliament recently passed the Mining Legislation Amendment and Validation Act 2008 (WA) (MLAV Act), which introduces, among other things, some important changes regarding the prescribed purposes for miscellaneous licences.

Regulation 42B of the Mining Regulations 1981 (WA) (Regulations) prescribes the purposes for which a miscellaneous licence can be granted. A number of specific purposes are listed in regulations 42B(a) to (m), with regulation 42B(n) providing a catch-all for "any other purpose directly connected with mining operations approved by the Director General of Mines."

In BHP Billiton & Ors v Westover Holdings Pty Ltd [2006] WAMW 4, Warden Calder refused an application for a miscellaneous licence for purposes approved by the Director General of Mines but not specified in regulations 42B(a) to (m). The refusal was on the grounds that regulation 42B(n) was

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