Coal Mining Act 1973 (NSW)

COAL MINING ACT.
ANNO VICESIMO SECUNDO

ELIZABETHE II REGINE
Act No. 8 1 , 1973.

An Act to make provision with respect to prospecting for and mining coal; to repeal the Mining Act, 1906, and certain other Acts; to amend certain Acts; and for purposes connected therewith. [Assented to, 20th December, 1973.]

BE it enacted by the Queen's Most Excellent Majesty, by
and with the advice and consent of the Legislative
Council and Legislative Assembly of New South Wales in
Parliament assembled, and by the authority of the same, as
follows: —
PART I.
PRELIMINARY AND INTERPRETATION.

(1) This Act may be cited as the "Coal Mining Act, (2) Subject to subsection (3), this Act shall com mence upon the day appointed under section 1 (2) of the Mining Act, 1973, or where more than one day is appointed under that section, upon the first day so appointed. 1973".
1.
(3) Section 139 (1) shall commence on the date of

assent.
2. This Act is divided as follows :—
PART I.—PRELIMINARY AND INTERPRETATION—ss.
1-15.

PART II.—ADMINISTRATION—ss. 16-19. PART III.—AUTHORISATIONS—ss. 20-26. PART IV.—CONCESSIONS—SS. 27-82.
DIVISION 1.—Application or Tender for the Grant of

a Concession—ss. 27-38.

DIVISION 2.—Disposal of Application or Tender for the Grant of a Concession—ss. 39-49.

DIVISION 3.—Renewal, Cancellation and Suspension of Conditions of a Concession—ss. 50-60.
DIVISION 4.—Restrictions on Grant of a Concession
—ss. 61-67.

DIVISION 5.—Rights and Duties of Registered Holder of a Concession—ss. 68-74.
DIVISION 6.—Rent and Royalty—ss. 75-82.

PART

PART V.—OBJECTION TO GRANT OF CONCESSION OVER, OR THE EXERCISE OF POWERS UNDER AN AUTHORISATION OR AN EXPLORATION PERMIT IN, AGRICULTURAL LAND—ss. 83-85.
PART VI.—OBJECTIONS TO GRANTING COAL LEASES,
AND REFERENCES OF APPLICATIONS TO GOVERN MENT DEPARTMENTS AND OTHER AUTHORITIES—
ss. 86-92.

PART VII.—PROTECTION OF THE ENVIRONMENT—ss.
93-96.

PART VIII.—COMPENSATION—SS. 97-101.
PART IX.—RECORDS AND REGISTRATION—ss. 102-
108.

PART X.—LEGAL PROCEEDINGS—ss. 109-112.
PART XI.—MISCELLANEOUS—SS. 113-134. PART XII.—REGULATIONS—ss. 135, 136. PART XIII.—TRANSITIONAL PROVISIONS, SAVINGS AND
REPEALS—ss. 137-139.

SCHEDULES.
3. Except so far as is herein expressly enacted, this Act

applies only to coal.

4. Except so far as is herein expressly enacted, nothing in

this Act affects the operation of the State Coal Mines Act,

1912, or the Coal Industry Act, 1946.

(1) Subject to such modifications as may be pre scribed, this Act applies to and in respect of the sea-bed and subsoil of the continental shelf as if that sea-bed and subsoil were Crown lands.

5.
(2)

(2) The reference in subsection (1) to the con tinental shelf is a reference to the continental shelf, within the meaning of the "Convention on the Continental Shelf' signed at Geneva on 29th April, 1958, which is adjacent to the coast of the State.
(1) In this Act, except so far as the context or subject- matter otherwise indicates or requires—
6.
"amend" includes alter, add to or rescind;
"approved" means approved by the Minister;
"authority" means an exploration licence, a prospecting licence, a mining lease or a mining purposes lease, granted under the Mining Act, 1973;
"authorisation" means an authorisation granted under section 20 or 21;
"authorisation to mine" means an authorisation that allows the registered holder of the authorisation to mine in land for coal;
"block" means a graticular section referred to in section 7 or, where the Minister so directs in a particular case, part of such a graticular section;
"claim" means a claim registered under the Mining Act,
1973;

"coal" includes shale;
"coal lease" means a lease granted under section 41;
"colliery holding" means the lands included in a colliery
holding of a mine as shown on the plans of such a

mine or included in any description furnished to the Under Secretary and registered in accordance with
the provisions of the Coal Mines Regulation Act,
1912;
"concession" means an exploration permit or a coal lease; "conditions" includes terms, limitations and restrictions; "corporation" has the meaning assigned thereto in section

5 (1) of the Companies Act, 1961;

"Crown

"Crown lands" means all lands within the State, except—

(a) land in the process of alienation from the Crown;
(b) land held in fee simple by any person, other than land vested in Her Majesty or in any person holding that land for or on behalf of Her Majesty or as trustee for public purposes;
(c) land held under the following tenures, either original or additional, that is to say, condi tional lease, Crown lease (other than Crown lease for pastoral purposes), homestead farm, homestead selection, residential lease, special lease (other than special lease for pastoral purposes), settlement lease, subur ban holding, town lands lease, weekend lease, conditional purchase lease, irrigation farm lease, lease of an oyster farm, and non- irrigable lease, and land held under any grant issued in respect of any of the fore going tenures;
(d) land purchased or resumed under the Closer Settlement (Amendment) Act, 1907, or land held under lease under the Closer Settlement Act, 1904, or the Returned Soldiers Settlement Act, 1916, or any Act amending those Acts;
(e) land held under a mining lease or a mining purposes lease granted under the Mining

Act, 1973, or a coal lease; and
(f) any other land which the Governor, by order under section 23 (2) of the Mining Act, 1973, declares not to be Crown lands;

"Crown Lands Acts" means the Crown Lands Alienation Act of 1861, the Crown Lands Act of 1884, the Crown Lands Consolidation Act, 1913, the Western Lands Act, 1901, and any Acts amending those Acts;
"Crown

"Crown lease for pastoral purposes" means—

(a)

a Crown lease, under the Crown Lands Acts, of land, not being a Crown lease of land set apart for disposal by way of Crown lease for grazing, which contains a condition restrict ing the use of the land comprised therein to grazing or grazing and the giving of access to water; and

(b)

a Crown lease, under the Crown Lands Acts, of land set apart for disposal by way of Crown lease for grazing, whether or not the whole or any part of the land comprised in the lease may, under the lease, be used for agricultural purposes;
"Department" means the Department of Mines;
"district" means a mining district constituted under section 23 (1) of the Mining Act, 1973;
"division" means a division of a district, constituted under section 23 (1) of the Mining Act, 1973;
"exempted area" means an area constituted by lands—

(a)

reserved, dedicated, appropriated, resumed or acquired for public purposes (except land reserved for a temporary common or a com monage), whether vested in Her Majesty or in any person as trustee for public purposes;

(b) held under a lease for water supply by virtue
of a special lease or otherwise; or
(c) granted or vested in trust by the Crown for the purpose of a race-course, cricket-ground, recreation reserve, park or permanent common or for any other public purpose;

"exploration area" means an area of land subject to an exploration permit;

"exploration

"exploration permit" means a permit granted under

section 39;

"fossicking area" means an area constituted under section 25 (1) of the Mining Act, 1973;
"functions" includes powers, authorities and duties;
"land" includes water;
"mine", when used as a noun, means any place, pit, shaft,
drive, level or other excavation, or drift, on or in which, or whereby, any operation for or in connection with mining is carried on;

"mine", when used as a verb, means to disturb, remove, cart, carry, wash, crush or otherwise deal with rock, sand, soil or water for the purpose of obtaining any coal;
"mineral" means any substance prescribed as such under the Mining Act, 1973, but does not include petroleum or coal;
"mining area" means an area of land subject to a coal
lease;

"mining operations" means operations carried out in the course of mining;
"mining purpose" means a purpose prescribed as such;
"occupier" means a person in lawful occupation of any
Crown lands or private lands;

"owner", in relation to private lands, includes—

(a)

any person to whom the Crown has lawfully contracted to grant the fee simple in those

lands under the Crown Lands Acts, or to whom the Crown has granted any lease of those lands under those Acts; and

(b)

the trustee for, or guardian in infancy of, an owner, the legal representative of a deceased or bankrupt owner, the committee or manager, appointed under Part X of the Mental Health Act, 1958, of the estate or property of a mentally ill or incapable owner, and a mortgagee in possession;
"private

"private lands" means lands other than Crown lands but does not include land held under a mining lease or a mining purposes lease granted under the Mining Act, 1973, or a coal lease;
"prospect" means to search for any mineral or for coal by any means and to carry out such works and remove such samples as may be necessary to test the mineral (including coal) bearing qualities of land;
"prospecting operations" means operations carried out in the course of prospecting;
"registered holder", in relation to an authorisation or a concession, means the person whose name is for the time being recorded by the registrar as being the holder of the authorisation or the concession, as the case may be;
"registrar" means the person for the time being holding office, or acting, as the registrar (coal), Depart ment of Mines, Sydney;
"special lease for pastoral purposes" means a special lease under the Crown Lands Acts which contains a con dition restricting the use of the land comprised therein to grazing or grazing and the giving of access to water;
"the regulations" means the regulations made under

section 135;

"this Act" includes the regulations;
"the warden" means any warden under the Mining Act, 1973, and includes the person for the time being holding office, or acting, as the chief warden under
that Act;

"Under

"Under Secretary" means the person for the time being holding office, or acting, as Under Secretary, Department of Mines, Sydney;
"warden's court" means a court established under section 128 of the Mining Act, 1973;

(2) In this Act a reference to coal in any land includes a reference to coal on or under the land.

(3) In this Act a reference to the conditions of a concession is a reference to the conditions on which the concession is granted, as from time to time amended.

(4) For the purposes of this Act land is subject to a pending application for an authorisation as from the date and hour on which an application in respect of that land is lodged under this Act, until the date when a notification relating to the application is published in the Gazette pursuant to section 17 (1) (c).

(5) For the purposes of this Act land is subject to a pending application for a concession as from—

(a) the date on which a notice relating to that land is published in the Gazette pursuant to section 27 or
31, until the date when a notification relating to

the notice (or to an application or a tender for a concession lodged pursuant to or following on the notice) is published in the Gazette pursuant to section 17 (1) (b) , (d), (e) , (f) or ( g ) ; or
(b) the hour and date on which an application is lodged under section 30 in respect of that land, until the date when a notification relating to the application is published in the Gazette pursuant to section 17 (1) (d) or (g).

(6)

(6) The person nominated in an application or a tender for the grant of a concession, or under section 38, as the person to whom the concession, if granted, is to be granted, is for the purposes of this Act the applicant or the tenderer, as the case may be, for the grant of the concession.
For the purposes of this Act, the surface of the Earth shall be deemed to be divided—
7.

(a)

by the meridian of Greenwich and by the meridians that are at a distance from that meridian of one minute, or a multiple of one minute, of longitude; and

(b)

by the equator and by parallels of latitude that are at a distance from the equator of one minute, or a multiple of one minute, of latitude,

in graticular sections, each of which is bounded—

(c) by portions of two of those meridians that are at a distance from each other of one minute of longitude; and
(d) by portions of two of those parallels of latitude that are at a distance from each other of one minute of latitude.

8. (1) Where, for the purposes of this Act or for the purposes of an order, instrument or notification under this Act, it is necessary to determine the position on the surface of
the Earth of a point, line or area, that position shall be deter
mined by reference to a spheroid having its centre at the centre of the Earth and a major (equatorial) radius of
100 and

6,378,160 metres and a flattening of 29825 reference to the position of the Johnston Geodetic Station in the Northern Territory of Australia.

(2)

(2) That station shall be taken to be situated at 133 degrees, 12 minutes and 30.0771 seconds of East Longitude and at 25 degrees, 56 minutes and 54.5515 seconds of South Latitude and to have ground level of 571.2 metres above the spheroid referred to in subsection (1).

(1) Where under this Act a document is required to be

served on any person service of that document may be
effected—

9.
(a) in the case of an individual—
(i) by delivering it to him; or
(ii) by sending it to him by post in accordance with subsection (2) ; or

(b) in the case of a person, not being an individual—
(i) by leaving it at the person's place of business and, if the person is a corporation, at the registered office of the corporation, with some individual apparently in the service of the person to be served and apparently not less than sixteen years of age; or
(ii) by sending it to the person by post in accordance with subsection (2).

(2) Service of a document on any person by post shall be effected by sending the document by certified mail	addressed, in the case of an individual, to him at his usual or
last known place of abode or at his last known place of business or, in the case of a person not being an individual, addressed to the person at the person's last known place of business, and the service shall be deemed to have been effected at the time at which the document would be delivered in the ordinary course of post.

(3)

(3 ) In any case where an owner or occupier of land upon whom a document is required under this Act to be served is absent from the State or cannot, after diligent inquiry, be found, and his place of abode or business cannot, after diligent inquiry, be ascertained, the document may be served by affixing it on some conspicuous part of the land.
(4 ) Where under this Act a document is required to be served on the registered holder of an authorisation or a concession and there is more than one such registered holder, service on any one such registered holder of the document, together with copies of the document addressed to the other registered holders, shall be deemed to be service on all of the registered holders effected at the time at which the document is served on the one such registered holder.
(5 ) Where a person has more than one place of business service may be effected under this section at any of those places.
10. (1 ) An application or a tender under this Act shall

be in or to the effect of an approved form.
(2) An application or a tender required by this Act to be lodged with any person shall be lodged with that person in such manner as may be prescribed.

11. (1 ) An application or a tender under Part III or IV

may be withdrawn by the applicant's or the tenderer's lodging
with the Under Secretary a notice of withdrawal.
(2) The withdrawal of an application or a tender

pursuant to subsection (1) is irrevocable.
12. (1 ) An authorisation or an exploration permit shall

be in accordance with such forms as the Minister determines.

(2 ) A coal lease shall be in accordance with such

form as the Governor determines.

13. Subject to this Act, an authorisation or a concession

may be granted over private lands or Crown lands, or over
lands which are partly private lands and partly Crown lands.

14. Subject to this Act, an authorisation or a concession

may be granted over any land in respect of coal in that land whether the coal is reserved to, or vested in, the Crown or not so reserved or vested, or partly so reserved or vested and partly not so reserved or vested.

15. Subject to this Act, an authorisation or a concession

may be granted over the surface of any land, or over the surface of any land and the soil of that land below the surface, or over the surface of any land and the soil of that land to a specified depth below the surface, or over the soil of any land between or below any specified depth or depths below the surface.

PART II.
ADMINISTRATION.
16. (1) Subject to this section—

(a)

the Minister may delegate any of his functions under this Act (except this power of delegation) to the holder of any office; and

(b)

(b)

the Under Secretary may delegate any of his func tions under this Act (except this power of delegation or any function delegated to him under this section by the Minister) to the holder of any office.
(2) The delegation under subsection (1) of an) function shall be by instrument in writing and may be made subject to such conditions as are specified in the instrument of delegation.

(3) A function delegated under subsection (1) shall,
if exercised or performed by a delegate, be exercised or
performed in accordance with the instrument of delegation.
(4 ) The delegation of a function under subsection (1) shall not prevent the Minister or the Under Secretary, as the case may be, from exercising or performing the function delegated by him.
(5) The Minister shall not delegate under subsection (1) a function to the holder of an office unless the function has been prescribed as a function which may be delegated to the holder of that office.
(6) The Minister or the Under Secretary, by
instrument in writing, may revoke any delegation made by him

under subsection ( 1 ) .
(7) Any act or thing done or suffered by a delegate
while acting in the exercise of a delegation under this section
shall have the same force and effect as if the act or thing done

Under Secretary, as the case may be. or suffered had been done or suffered by the Minister or the 17. (1) The Under Secretary shall cause notification of—

(a)

the lodging of an application or a tender for the grant of an authorisation or a concession;

(b)

(b)

the cancellation under section 27 (3), 31 (2), 32 (2) or 34 (3) of an invitation to tender for the grant of an exploration permit, or a notice of intention to invite tenders or an application for the grant of a coal lease, or an invitation to tender for the grant of a coal lease, or an invitation to apply for the grant of a coal lease;

(c)

the grant of, or the refusal of an application for the grant of, an authorisation, or the withdrawal of an application for the grant of an authorisation;

(d)

the withdrawal or refusal of an application for the grant of a coal lease;

(e)

the withdrawal of the only tender for the grant of a concession or, where there is more than one tender, of all of the tenders for the grant of a concession;

(f)

the refusal of the only tender, or of all of the tenders, for the grant of a concession;

(g) the grant of a concession;

(h) the withdrawal or refusal of an application for the renewal of an authorisation or a concession;
(i) the grant of the renewal of an authorisation or a concession; and

(j)

the cancellation of an authorisation or a concession as to all or some of the lands subject to the authorisation or the concession,

to be published in the Gazette.

(2 ) A notification of the lodging of an application under section 30 for the grant of a coal lease published in the Gazette pursuant to subsection (1) (a) shall name a place or places where the plan of the area of land over which the coal lease is sought is available for inspection at such hours as are specified in the notification.

18. Neither the Minister nor a person employed in the

Department (other than the Under Secretary on behalf of the Department) shall be the registered holder of an authorisation or a concession.
19. (1 ) A person shall not disclose any information

obtained by him in connection with the administration or
execution of this Act, unless the disclosure is made—

(a)

with the consent of the person from whom the information was obtained;

(b)

in connection with the administration or execution of this Act;

(c)

for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings;

(d)

for the purposes of any investigation or inquiry conducted by the warden under this Act; or
(e) with the concurrence of the Minister.

(2 ) A person employed in the Department shall not use for the purposes of personal gain any information obtained by him in connection with the administration or execution of this Act.
Penalty : $1,000.

PART III.
AUTHORISATIONS .

20. (1 ) This section applies to—

(a)

the Under Secretary, acting on behalf of the Department;

(b)

(b)

a person nominated by the Minister by instrument in writing; and

(c)

a corporation established by an Act and designated by the Minister by order published in the Gazette.

(2 ) A person to whom this section applies may apply

for the grant of an authorisation that will allow him to

prospect in certain land for coal.

(3 ) An application under this section shall—
(a) be lodged with the Minister; and
(b) contain such particulars as may be prescribed.

(4 ) An application by a person referred to in

subsection (1) (b) or (c) shall be in respect only of land set

aside under subsection

( 5 ) .

(5 ) The Governor may, by order published in the Gazette, set aside land that in his opinion contains coal that should be retained for the purposes of the steel industry or power generation, or for special purposes.

(6 ) In an order made under subsection (5) setting aside land the Governor may stipulate that the land set aside shall extend only to a specified depth beneath the surface of that land, and if he does so the extent of the land set aside shall be so limited.

(7 ) On application made under this section the

Minister may—

(a)

subject to this Act, on such conditions as he may determine, grant to the applicant an authorisation; or
(b) refuse the application.

21. (1 ) The owner of coal (not reserved to the Crown)
in any land, or a person with the consent of the owner, may
apply for the grant of an authorisation that will allow him—
(a) to prospect in the land for the coal; or
(b) to mine in the land for the coal.

(2 ) A consent given by an owner of coal for the purposes of this section shall be given by instrument in writing and the conditions on which the consent is given shall be incorporated in the instrument of consent.
(3) An application under this section shall—
(a) be lodged with the Under Secretary;
(b) contain such particulars as may be prescribed; and

(c) where the application is made by a person with the consent of an owner of coal, be accompanied by the instrument of consent referred to in subsection ( 2 ) .

(4 ) The Minister may, by instrument in writing served on a person applying for the grant of an authorisation with the consent of an owner of coal, require him—

(a) to agree with the owner of the coal to such amend ments to the conditions in the instrument of consent accompanying (pursuant to subsection (3) ( c ) ) the application as are specified in the instrument so served; and
(b) to lodge an instrument of consent as so amended

with the Under Secretary within such period as is
specified in the instrument so served.

(5 ) On application made under this section the

Minister may—

(a)

subject to this Act, on such conditions as he may determine, grant to the applicant an authorisation; or
(b) refuse the application.

22. (1 ) The conditions on which an authorisation is

granted shall be set out in the authorisation.

(2 ) The conditions referred to in subsection (1 ) may

include a condition requiring the registered holder of the authorisation to give security in such manner and form as the Minister may determine for the fulfilment of the obligations of the registered holder under the authorisation.

(3 ) Where operations under an authorisation will involve disturbance of the surface of land and conditions for the reinstatement, levelling, regrassing, reforesting and con touring of land are deemed necessary for inclusion in the authorisation, they shall be in such form as is approved by the Soil Conservation Service of New South Wales.

(4) Subject to subsection ( 5 ) , the date from which,

and the period for which an authorisation has effect shall

be specified in the authorisation.

(5 ) An authorisation shall terminate on the

happening of any event specified by the Minister in the

authorisation.

23. (1 ) Nothing in this Act shall be construed as
authorising the Minister to disregard the provisions of any

other Act regulating or restricting, or having the effect of

any land.

regulating or restricting, the granting of an authorisation over

(2) An authorisation shall not be granted over any land that is, when the application for the authorisation is lodged, subject to a pending application for a concession, or to a pending application under the Mining Act, 1973, for an authority.

(3)

(3 ) An authorisation shall not be granted over land
in a fossicking area.
(4 ) An authorisation shall not be granted over any land if, by reason of section 77 of the Mining Act, 1973, an authority could not be granted under that Act over the land, and in the event of a dispute arising as to whether or not an authority could in any particular case be so granted, the dispute shall be referred for decision to the Minister and his decision shall be final.
(5 ) An authorisation shall not be granted over any

land that is subject to a claim, an authority or a concession.

(6 ) The power to grant an authorisation over any land is subject to the rights conferred by this Act on any other person, being the registered holder of an authorisation over that land.
24. (1 ) An authorisation to mine shall not be granted

over the surface of any land—

(a)

that is bona fide in use as a garden or an orchard, or situated within fifty metres of any such land, without the consent of the occupier of the land so in use and, in the case of private lands, of the owner of the lands;

(b)

that is situated within two hundred metres of a dwelling-house that is the principal residence of its occupier, without the consent of that occupier and, in the case of a dwelling-house on private lands, of the owner of the lands; or

(c)

on which there is any improvement (being a substantial building, dam, reservoir, contour bank or graded bank or water disposal area, for soil

conservation

conservation purposes, or other valuable improve- ment) other than an improvement constructed or erected for mining purposes and not bona fide used for other purposes, without the consent of the occupier of the land on which there is such an improvement and, in the case of an improvement on private lands, of the owner of the lands.

(2) The provisions of subsection (1) shall not apply in respect of a garden, orchard, dwelling-house or improve ment unless it was in existence at the prescribed time.

(3) An authorisation (not being an authorisation to
mine) shall not extend to the surface of any land referred to

in subsection (1 ) (a ) , (b) or (c) without the consent referred

to in subsection (1)

(a ) , (b) or ( c ) .

(4 ) Any dispute as to whether or not subsection (1) applies in any particular case shall be decided by the Minister after inquiry and report by the warden.

(5 ) A decision of the Minister under subsection (4)

shall be final.

(6) An authorisation to mine shall not be granted below the surface of any land referred to in subsection (1) ( a ) , (b) or (c) except at such depth as the Minister may, after full inquiry, deem sufficient to prevent damage to the surface.

(7 ) For the purposes of this section the prescribed

time

i s—

(a)	in the case of an application for the grant of an authorisation to mine by the registered holder of an authorisation, the time when the application for the grant of such last mentioned authorisation was lodged; and

(b)

(b)

in the case of an application for the grant of an authorisation to mine by a person, other than a person referred to in paragraph (a) , the time when the application is lodged.
(8) A consent under subsection (1) or (3) shall be

given by instrument in writing and shall be irrevocable.
25. (1) An authorisation (not being an authorisation to

mine), while it remains in force, confers on the registered holder of the authorisation, subject to this Act and the condi tions on which it is granted, the exclusive right to prospect for coal in the area of land subject to the authorisation.
(2) An authorisation to mine, while it remains in force, confers on the registered holder of the authorisation to mine, subject to this Act, the limitations and restrictions in sections 70 and 71 (1) and the conditions on which it is granted, the same rights as would be conferred by sections 70 and 71 (1) on that person if he were the registered holder of a mining lease and the area of land subject to the authorisation to mine were a mining area.
(3 ) The registered holder of an authorisation (not being an authorisation to mine) shall not exercise in lands in an exempted area any of the rights conferred by this Act or by the authorisation, except with the consent of the Minister

given either unconditionally or subject to conditions.
(4) In the case of lands within a national park, a state park or a historic site under the National Parks and Wildlife Act, 1967, or a nature reserve under the Fauna Protection Act, 1948, the Minister shall not give his consent under subsection (3) without the approval of the Minister for Lands.

(5 )

(5 ) Subject to subsection ( 6 ) , nothing in this section

shall be construed as authorising the registered holder of an authorisation to disregard the provisions of any Act, ordinance or regulation prohibiting, regulating or restricting, or having the effect of prohibiting, regulating or restricting, the exercise by the registered holder of any right conferred on him by this Act or the authorisation.

(6 ) A person entitled under this Part to prospect on any land may do so notwithstanding that the land is affected by a scheme (as defined in section 90) .

(7) The registered holder of an authorisation may,
from time to time, apply for the renewal of the authorisation.

(8) An application for the renewal of an authorisa tion shall be lodged with the Minister not earlier than two months or later than one month before the authorisation ceases to have effect.

(9) Subject to subsection (10 ) , on application made

for the renewal of an authorisation the Minister, by instrument in writing, may renew the authorisation subject to such condi tions and for such period as may be specified in the instrument, or refuse the application.

(10) Where an authorisation to prospect or mine for coal is granted under section 21 to a person (other than the owner of the coal) the authorisation shall not be renewed on the application of the registered holder of the authorisation without the consent of the owner of the coal, and the provi	sions of section 21 ( 2 ) , (3) (c) and (4) shall apply, with	such modification as may be necessary, to and in respect of
the consent and such an application as they applied to and in respect of the consent and the application by the registered holder for the grant of the authorisation.
(11) The renewal of an authorisation has effect as from the date specified in the instrument renewing the authorisation.

(12)
(12) If an application for the renewal of an authoris ation is not finally dealt with before the date on which the authorisation would, but for this subsection, cease to have effect, the authorisation continues, under this subsection, to have effect until the date on which—

(a) notification of the withdrawal of the application is published in the Gazette pursuant to section 17;
(b) notification of the refusal of the application is published in the Gazette pursuant to section 17; or
(c) the renewal of the authorisation has effect, unless the authorisation is sooner cancelled under section 26.

26. (1 ) Where the Minister is satisfied that the registered

holder of an authorisation has not complied with—

(a) any of the conditions of the authorisation; or

(b)

any provision of this Act with which he is required to comply,
he may, on that ground, by instrument in writing cancel the
authorisation.

(2 ) Subject to subsection ( 3 ) , where—

(a)

an authorisation is granted to a person applying under section 21 for the grant of the authorisation with the consent of the owner of the coal, or where such an authorisation is renewed; and
(b) the Minister is satisfied, on the application of the

owner of the coal, that the registered holder of the
authorisation has not complied with the conditions on which that consent was given (as set out in the instrument of consent accompanying the application for the grant or renewal of the authorisation pursuant to section 21 (3) ( c ) , or lodged pursuant to section 21 (4) (b ) , as the case may be) ,

he may, on that ground, by instrument in writing cancel the
authorisation.

(3 )

(3 ) The Minister shall not cancel under subsection

(2 ) an authorisation unless—

(a) he affords to the registered holder of the authorisa tion a reasonable opportunity to submit written representations to him concerning the proposed cancellation of the authorisation, and considers any representations so made; and
(b) he is satisfied that it is reasonable to do so having regard to the circumstances of the case, including any other remedy that may be available to the owner of the coal by reason of the failure of the registered holder of the authorisation to comply with the conditions concerned.

(4) Where all or some of the land subject to an authorisation is required for a public purpose the Minister may, on that ground, by instrument in writing cancel the authorisation as to all or some of the land subject to the authorisation.

(5) If the registered holder of an authorisation—

(a) fails to use the land subject to the authorisation

bona fide for the purpose for which the
authorisation was granted; or

(b)

uses that land for any purpose other than the purpose for which the authorisation was granted,

the Minister may, on that ground, by instrument in writing

cancel the authorisation.

(6 ) On the application of the registered holder of an

authorisation for the Minister to do so the Minister may by instrument in writing cancel the authorisation as to all or some of the land subject to the authorisation.

(7 ) An application under subsection ( 6 ) —
(a) shall be lodged with the Minister; and
(b)

(b)

if the application is for the cancellation of the authorisation as to some of the land subject to the authorisation, shall be accompanied by a plan of the area of land in respect of which the authorisa tion is to be cancelled, drawn in such manner and containing such particulars as may be prescribed.
(8) The cancellation of an authorisation has effect
from and including the date on which notification of the
cancellation is published in the Gazette pursuant to section
17 (1 )

(9) Except as provided in subsection (10 ) ,

compensation shall not be paid to the registered holder of an authorisation because of any cancellation of the authorisation as to all or some of the land subject to the authorisation.
(10) When an authorisation to mine is cancelled under subsection (4) as to all or some of the land subject to the authorisation such amount as the Minister may determine as an appropriate compensation for mining improvements made shall be paid to the registered holder of the authorisation.
(11) An authorisation may be cancelled under this
section as to all or some of the land subject to the
authorisation on the ground that the registered holder of the

notwithstanding that the registered holder has been convicted authorisation has not complied with a provision of this Act
of an offence for failing to comply with that provision.
(12) The cancellation of an authorisation does not
affect any liability of the person who was the registered holder
of the authorisation incurred before the cancellation has effect.

PART

PART IV.
CONCESSIONS.

DIVISION 1.—Application or Tender for the Grant of a
Concession.

27. (1) Where the Minister is satisfied that he may grant

an exploration permit over the land comprised in any block or blocks, he may invite tenders for the grant of an exploration permit over the block, or any number of the blocks (not exceeding one hundred).

(2) An invitation under subsection (1) shall—

(a) describe the land comprised in the block or blocks to which it relates;
(b) be published in the Gazette, in a newspaper circulating generally in the State and in one or more than one newspaper circulating in the district in which the area of land comprised in the block or blocks concerned is situated; and
(c) specify the period within which a tender may be lodged.

(3) If no tenders are lodged under section 28 pursuant to an invitation under this section to tender for the grant of an exploration permit, the Minister shall, by instrument in writing, cancel the invitation.

28. (1) A tender for the grant of an exploration permit

shall be lodged with the Under Secretary within the period

specified in the invitation for the tender.

(2 ) A tender shall be accompanied by—

(a)

particulars of the financial resources available to the tenderer for the permit;
(b)

(b)

particulars of the technical advice available to the tenderer for the permit;

(c)

particulars of the programme of work proposed to be carried out in the land comprised in the block or blocks over which the permit is sought; and

(d)

particulars of the estimated amount of money which it is proposed to expend on prospecting.

(3 ) A tender for the grant of an exploration permit
shall be made in respect of all of the land comprised in
the block or blocks described in the invitation for the tender.
(4 ) There shall be paid to the Under Secretary when a tender is lodged under this section a fee of $1,000, or such greater amount as the Minister in any particular case may require, and a deposit of an amount equal to ten per centum of the amount tendered.

(5) A tender lodged under this section may be forthwith refused if any of the requirements of this section are not complied with.
(6) If a tender lodged under this section is refused an amount equal to nine-tenths of any fee deposited pursuant to subsection ( 4 ) , shall be refunded to the tenderer together with the amount of the deposit deposited pursuant to that subsection.
29. (1) Subject to subsection ( 2 ) , an applicant, or a

person intending to apply, under section 30 for the grant of a coal lease wholly or partly over private lands, or Crown lands

held under a Crown lease for pastoral purposes or a special lease for pastoral purposes, shall either before, or within seven days after, lodging his application under that section, serve on every owner or occupier of such lands a notice—

(a)

stating that an application for the grant of a coal lease has been, or will be, lodged, as the case may be; and

(b)

(b)

containing a plan of the area of land over which the lease is, or is to be, sought, and a description sufficient to lead to the ready identification of that area.

(2 ) Where—

(a) an application under section 30 does not, or a proposed application under that section will not, relate to the surface of any private lands, or to the surface of any Crown lands held under a Crown lease for pastoral purposes or a special lease for pastoral purposes; and
(b) there are ten or more persons, each of whom is an owner or an occupier of land to which the application relates, or will relate,

the applicant, or the person intending to apply, may, if the Minister gives his consent, instead of serving any notice required by subsection (1) to be served, cause to be published in a newspaper, or more than one newspaper, circulating in the district in which is situated the area of land over which the lease is, or is to be, sought, a notice—

(c)

stating that an application for the grant of a coal lease has been, or will be, lodged, as the case may be; and

(d)

containing a plan of the area of land over which the lease is, or is to be, sought, and a description sufficient to lead to the ready identification of that area.

30. (1 ) The registered holder of an exploration permit

may apply for the grant of a coal lease.

(2 ) An application under this section for the grant

of a coal lease shall—

(a) be lodged with the Under Secretary;
(b)

P 23793—44

(b)

be accompanied by a plan of the area of land over which the lease is sought, drawn in such manner and showing such particulars as may be prescribed;

(c)

if any part of that area includes private lands or Crown lands held under a Crown lease for pastoral purposes or a special lease for pastoral purposes, be accompanied by an instrument in writing, verified by statutory declaration under the hand of the applicant for the lease, or his agent, identifying any such part and the owner and any occupier thereof;

(d)

be accompanied by a copy of every notice sent to an owner or occupier of land pursuant to section 29 (1) before the application was lodged or, if a notice was published pursuant to section 29 (2) before the application was lodged, by a copy of that notice; and

(e)

be in respect of an area of land (to which the exploration permit concerned relates) comprising not more than twelve blocks which together form a rectangle of which one side comprises three adjoining blocks.

(3 ) There shall be paid to the Under Secretary when

an application is lodged under this section such fees as may
be prescribed.
(4 ) Subject to subsection ( 5 ) , an applicant for the
grant of a coal lease shall, within seven days after lodging his
application under this section, cause to be published in a news

or more than one newspaper, circulating in the district in paper circulating generally in the State and in one newspaper,
which is situated the area of land over which the lease is
sought, a notice—

(a)

stating that an application for the grant of a coal lease has been lodged; and

(b)

containing a plan of that area, and a description thereof sufficient to lead to its ready identification,

and

and within seven days after the publication of any such notice the applicant shall lodge a copy thereof with the Under Secretary.

(5 ) Subsection (4) shall not apply in any case where
an applicant, or a person intending to apply for, the grant of
a coal lease causes a notice to be published pursuant to section

29 ( 2 ) .

(6) A copy of every notice served pursuant to section 29 (1) after an application is lodged or, if a notice is published pursuant to section 29 (2) after an application is lodged, a copy of that notice, shall be lodged with the Under Secretary within seven days of the date of the service or publication of the notice, as the case may be.

(7 ) For the purposes of subsection (2) ( e ) , a block

adjoins another block if the graticular section that constitutes or includes the block, and the graticular section that constitutes or includes the other block, have a side in common.

31. (1 ) Where the Minister—

(a) is satisfied that the Governor may grant a coal lease over the land comprised in any block or blocks; and
(b) intends to invite under section 32 tenders for the grant of a coal lease over the land comprised in the block or blocks, or to invite under section 34 a person to apply for the grant of a coal lease over

the land comprised in the block or blocks,
he shall, before inviting such tenders or such an application, cause to be published in the Gazette, in a newspaper circulat ing generally in the State and in one, or more than one, news paper circulating in the district in which the area of land comprised in the block or blocks is situated, a notice—
(c) stating his intention;

(d)

(d)

describing the land comprised in the block of blocks concerned; and

(e)

naming a place or places where a plan of the land comprised in the block or blocks concerned is avail able for inspection at such hours as are specified in the notice.

(2 ) The Minister may, at any time, by instrument
in writing, cancel a notice of intention published pursuant to

subsection ( 1 ) .
32. (1) Subject to subsection ( 4 ) , where—

(a)

an exploration permit is cancelled or otherwise ceases to have effect as to the land comprised in a block or blocks and that land is not the subject of pending application for a coal lease; or

(b)

the Minister is of opinion that the granting of an exploration permit over land comprised in a block or blocks, not previously subject to an exploration permit, is unnecessary by reason of previous testing by way of drilling, tunnelling, shaft sinking or other wise of that land or for any other reason he considers sufficient,

he may invite tenders for the grant of a coal lease in respect
of that land.

(2 ) If no tenders are lodged under section 33

pursuant to an invitation under this section to tender for the grant of a coal lease, the Minister shall, by instrument in writing, cancel the invitation.
( 3 ) An invitation under subsection (1) shall—

(a)

describe the land comprised in the block or blocks to which it relates;

(b)

(b)

be published in the Gazette, in a newspaper circulating generally in the State and in one, or more than one, newspaper circulating in the district in which the land comprised in the block or blocks concerned is situated; and

(c)

specify the period within which a tender may be lodged.

(4 ) The power of the Minister under subsection (1)

to invite tenders is subject to sections 31, 84, 86 ( 8 ) , 87	( 3 ) ,
88 (2 ) and 89 (3) and (5 ) .

33. (1) A tender for the grant of a coal lease shall be

lodged with the Under Secretary within the period specified

in the invitation for the tender.

(2 ) A tender shall be accompanied—

(a) by particulars of the financial resources available to the tenderer for the lease;
(b) by particulars of the technical advice available to the tenderer for the lease;
(c) by particulars of the programme of work proposed to be carried out in the land comprised in the block or blocks over which the permit is sought; and
(d) where the tender provides for the payment of cash (not being a payment by way of royalty), by a deposit of an amount equal to ten per centum of

the cash amount.
(3) If the invitation for a tender specifies a cash reserve price, the tender shall specify that in consideration of the grant of a coal lease over the land comprised in the block or blocks to which the tender relates the tenderer will pay, in addition to the amount of the cash reserve price—
(a) a specified amount;

(b)

(b)

a specified rate of royalty additional to the rate referred to in section 77 (1) (b) , whether or not the coal in the land comprised in the block or blocks to which the tender relates is reserved to the Crown and whether or not any of the coal not so reserved is owned by the tenderer; or
(c) such an amount and such a rate.
(4 ) If the invitation for a tender does not specify

a cash reserve price, the tender shall specify—

(a)

an amount that the tenderer will pay in consideration of the grant of a coal lease over the land comprised in the block or blocks to which the tender relates;

(b)

a rate of royalty additional to the rate referred to in section 77 (1) (b) that the tenderer will pay in consideration of the grant of a coal lease, whether or not the coal in the land comprised in the block or blocks to which the tender relates is reserved to the Crown and whether or not any of that coal not so reserved is owned by the tenderer; or
(c) such an amount and such a rate.
(5) A tender shall specify—

(a) whether or not the amount offered to be paid (other wise than by way of royalty), including the amount of any cash reserve price, will be paid by way of instalments; and
(b) if that amount is to be paid by instalments, the period, not exceeding five years, during which the instalments will be paid.

(6) There shall be paid to the Under Secretary when a tender is lodged under this section a fee of $1,000. or such greater amount as the Minister in any particular case may require

(7)

(7 ) A tender lodged under this section may be forth with refused if any of the requirements of this section are not complied with.

(8) If a tender under this section is refused—

(a) the amount deposited pursuant to subsection (2)

( d ) ; and

(b)

nine-tenths of the fee paid pursuant to subsection (6) or, if the tender is refused by reason of section 91 ( 8 ) , all of the fee so paid,

shall be refunded to the tenderer.

34. (1) Subject to subsection ( 4 ) , the Minister may,

where he is satisfied that it is necessary or desirable in the public interest to do so, either for additions to existing colliery holdings or for the purpose of opening new mines, by instrument in writing served on any person, invite that person to apply under section 35 for the grant of a coal lease over land comprised in any block or blocks specified in the invitation.
(2) An invitation under subsection (1) shall specify the rent, the rate of royalty, cash payment or instalments or other conditions subject to which the Minister would be prepared to recommend the grant of a lease.

(3) If the person invited to apply under this section

for the grant of a coal lease does not do so the Minister shall,
by instrument in writing, cancel the invitation to apply.
(4 ) The power of the Minister under subsection (1 ) to invite an application is subject to sections 31, 84, 86 (8 ) , 87 ( 3 ) , 88 ( 2 ) , 89 (3 ) and (5) and 92 ( 1 ) and (7 ) .
35. (1 ) Any person applying pursuant to an invitation

under section 34 to do so shall lodge his application with the Under Secretary within such period as is specified in the invitation or within such extended period as the Under Secretary may allow.
(2 ) An application under subsection (1) shall contain such matter and be accompanied by such particulars as may be prescribed.
The Minister may at any time, by instrument in writing served on an applicant or a tenderer for the grant of a concession, require him to furnish, within the period specified in the instrument—
36.

(a) further information in connection with the
application or the tender; or

(b) if the applicant or the tenderer is a corporation, such information as the Minister may require to enable him to ascertain to what extent the controlling power in the direction of the corpora tion's affairs is a foreign company (as defined in section 5 (1) of the Companies Act, 1961) , or an individual resident in a country outside Australia.
37. (1 ) The Minister may, by instrument in writing,

direct that any part of the area of land to which an application or a tender for the grant of a concession relates shall be

including the date of the direction, that part shall be so excluded from the application or the tender and, from and
excluded and the application or the tender shall relate only to
the remaining part of that area.

(2 ) A copy of a direction given by the Minister under subsection (1) shall be served on the applicant, or on every tendered, for the grant of the concession, as the case may be.

(3 )

(3 ) Where the Minister gives a direction under sub section (1) a tenderer affected by that direction may, by instrument in writing lodged with the Under Secretary within such period as the Minister specifies in the direction, amend his tender.
3 8 . (1) Subject to subsection ( 2 ) , an applicant or a

tenderer for the grant of a concession may, by notice in writing lodged with the Under Secretary, nominate a person to whom the concession, if granted, is to be granted.
(2 ) Subsection (1) does not apply in the case of an

application under section 35.
DIVISION 2.—Disposal of Application or Tender for the Grant
of a Concession.

3 9 . (1 ) Where the Minister invites under section 27

tenders for the grant of an exploration permit he may, subject
to this Act—

(a) where one tender only is lodged under section 28, grant to the tenderer an exploration permit on such conditions as the Minister may determine, or refuse the tender; or
(b)

where more than one tender is lodged under section
28, grant to a tenderer an exploration permit on such conditions as the Minister may determine and refuse the other tenders, or refuse all of the tenders.

(2 ) Before granting an exploration permit the Minister may require a tenderer to give security in such amount and form as the Minister may determine, for the fulfilment of his obligations under the permit.

(3)

(3) The Minister shall not grant an exploration permit to a tenderer unless the tenderer pays that part of the amount tendered which was not deposited pursuant to section 28 ( 4 ) , within thirty days after being required by the Under Secretary to do so by a notice in writing served on him.
(4) The conditions on which an exploration permit

is granted shall be set out in the permit.
4 0 . (1) Subject to section 37, the area of land over

which an exploration permit is granted shall be the area of
land over which the exploration permit was sought.
(2) There shall be attached to an exploration permit a plan prepared by the Department showing the area of land over which the exploration permit is granted.
(3) There shall be deemed to be excluded from the area of land shown on a plan attached to an exploration permit pursuant to subsection (2) any land within that area over which the permit is not granted.
(4) Land that is excluded from the area of land over which an exploration permit is granted because, when the exploration permit is granted, it is subject to—
(a) a claim or an authority; or
(b) an authorisation or a concession,

becomes subject to the exploration permit—

(c)

if the claim, the authority, the authorisation or the concession ceases to have effect; and

(d)

when it does so, the land is not subject to a pending application under the Mining Act, 1973, for a prospecting licence, a mining lease or a mining purposes lease, or to a pending application under this Act for a coal lease, or, if it is then subject to such a pending application, the application is refused.
4 1 . (1 ) On application made under section 30 or 35 for

the grant of a coal lease the Governor may—

(a)

subject to this Act, on such conditions as he may determine, grant to the applicant a coal lease; or
(b) refuse the application.

(2) Where the Minister invites under section 32 tenders for the grant of a coal lease the Governor may, subject to this Act—

(a)

where one tender only is lodged under section 33, grant to the tenderer a coal lease on such conditions as the Governor may determine, or refuse the tender; or

(b)

where more than one tender is lodged under section 33, grant to a tenderer a coal lease on such conditions as the Governor may determine and refuse the other tenders, or refuse all of the tenders.

(3) The conditions on which a coal lease is granted

shall be set out in the lease.

(4 ) Where a coal lease is granted to the registered holder of an exploration permit applying pursuant to section 30 for the grant of the lease, the Minister may, with the concurrence of the Treasurer, direct that all or any part of the moneys received from tenderers for the grant of the permit by virtue of which the lease was granted (not being moneys refunded or refundable under section 28 ( 6 ) ) be paid at such times and in such portions as the Minister thinks fit, to the

owners of coal not reserved to the Crown in the land subject
to the lease.

(5 ) The conditions referred to in sections 34 ( 2 ) , 41 (1 ) ( a ) and 41 (2) (a ) or (b) may include a condition requiring the registered holder of a coal lease to give security in such manner and form as the Governor may determine, for the fulfilment of the obligations of the registered holder under the lease.

(6 )

(6 ) When operations under a coal lease will involve disturbance of the surface of land and conditions for the reinstatement, levelling, regrassing, reforesting and contour ing of land are deemed necessary for inclusion in the lease, the conditions shall be in such form as is approved by the Soil Conservation Service of New South Wales.
(7 ) The Minister may require an applicant or a tenderer for the grant of a coal lease to agree on the rate of royalty to be paid on coal won under the coal lease, if granted, which rate shall be additional to the rate referred to in section

77 (1) ( b ) .

4 2 . (1) This section applies where an application is made

under section 30 or 35 for the grant of a coal lease.
(2) A coal lease may be granted under section 41 subject to amendment if the area of land over which the lease is granted has not been surveyed or is not the subject of a survey satisfactory to the Governor.
(3 ) If, having regard to a survey of any land made either before or after the granting of a coal lease subject to amendment, the Governor is of opinion that the lease should be amended, he may do all or any of the following—
(a) alter the size of the area of land subject to the lease;

(b) alter the rent payable under the lease; or
(c) amend any condition in the lease relating to expendi ture or required to be amended by reason of the survey.

(4 ) The Minister shall cause to be served on the registered holder of a coal lease an instrument in writing setting out any alteration or amendment made under subsec tion ( 3 ) , and the alteration or amendment has effect as from the date on which the instrument is so served.

( 5 )

(5) If the size of the area of land subject to a coal lease is altered under subsection (3) (a ) it shall be a sufficient compliance with subsection (4) if the instrument in writing served on the registered holder of the lease states that that area has been altered and refers to a plan, prepared by the Department and attached to that instrument, showing the area as altered.

(6 ) If an instrument in writing is served on the registered holder of a coal lease pursuant to subsection (4) the lease is not thereafter subject to amendment under this section.

4 3 . (1) The area of land over which a coal lease is

granted pursuant to an application under section 30 may differ in size or shape from the area of land over which the coal lease was sought, but shall not be outside the boundaries of the area of land over which the lease was sought.

(2 ) Subject to section 37, the area of land over which a coal lease is granted pursuant to a tender or an application under section 35 for the grant of the lease shall be the area of land to which the tender or the application relates.

(3) The area of land over which a coal lease is granted is the area shown on the plan prepared by the Department and attached to the coal lease.

4 4 . (1) Nothing in this Act shall be construed as

authorising the Governor or the Minister to disregard the provisions of any other Act regulating or restricting, or having the effect of regulating or restricting, the grant of a concession over any area of land.

( 2 )

(2 ) The Minister may refuse an application for an exploration permit and the Governor may refuse an applica tion for a coal lease notwithstanding that the applicant has complied with the requirements of this Act.
(3 ) The Minister may refuse a tender for an exploration permit and the Governor may refuse a tender for a coal lease notwithstanding that the tenderer has tendered in accordance with the invitation to tender and has complied with the requirements of this Act.
(4) Nothing in this Act shall be construed as requiring the Minister to grant an exploration permit or the Governor to grant a coal lease—

(a) pursuant to an invitation under this Act to tender for the permit or tender or apply for the lease; or
(b) to the person lodging the highest tender or to any tenderer.

(5 ) The Minister may grant an exploration permit and the Governor may grant a coal lease notwithstanding that the applicant for the grant of the permit or the lease has not complied with the requirements of the regulations.
4 5 . In deciding whether or not to grant a concession to a

corporation the Governor or the Minister, as the case may be, may take into account the extent, if any, to which the controlling power in the direction of the corporation's affairs
is a foreign corporation (as defined in section 5 (1) of the
Companies Act, 1961) , or an individual resident in a country
outside Australia.
4 6 . (1) Subject to subsection ( 2 ) , an applicant or a

tenderer for the grant of a concession shall sign the concession which it is proposed to grant to him when required by the Under Secretary to do so.

(2)

(2) If there is more than one applicant for the grant of a concession and one, or some only, of the applicants signs or sign the concession when required under subsection (1) by the Under Secretary to do so, the concession may be granted to any applicant or applicants who so signs or sign the concession.

(3) Subject to subsection ( 2 ) , if the applicant for the grant of a concession fails to comply with subsection (1) the application for the grant of the concession shall be treated as having been refused.

4 7 . (1) Subject to subsection ( 2 ) —
(a) the Minister shall sign an exploration permit; and
(b) the Governor shall sign a coal lease,

which it is proposed to grant to an applicant or a tenderer.

(2) A concession shall not be signed under

subsection (1) unless section 46 has been complied with.

4 8 . ( 1 ) An exploration permit has effect from and

including the day on which the permit is signed by the
Minister under section 47.

(2 ) A coal lease has effect from and including the

day on which the lease is signed by the Governor under section
47.

4 9 .
granted is the period (not exceeding twenty-four months)
specified in the permit.
(1) The period for which an exploration permit is

(2)

(2 ) The period for which a coal lease is granted is the period (not exceeding twenty-one years) specified in the lease.
(3) The period for which a concession is granted commences on the date on and from which the concession has effect, as provided in section 48.
DIVISION 3.—Renewal, Cancellation and Suspension of
Conditions of a Concession.

5 0 . ( 1 ) The registered holder of a concession may, from

time to time, apply for the renewal of the concession.
(2 ) An application for the renewal of an exploration permit shall be lodged with the Under Secretary not earlier than two months or later than one month before the permit ceases to have effect.

(3 ) An application for the renewal of a coal lease shall be lodged with the Under Secretary not earlier than five years or later than one year or, if the term of the lease is for one year or less, not later than one month, before the lease ceases to have effect.
(4 ) An application for the renewal of a concession

shall be accompanied by the prescribed fee.

permit shall be accompanied by a plan of the area over which (5) An application for the renewal of an exploration
renewal of the permit is sought, drawn in such manner and
showing such particulars as may be prescribed.
(6 ) If an application for the renewal of a coal lease is in respect of some only of the land subject to the lease the application shall be accompanied by a plan of the area over which renewal of the lease is sought, drawn in such manner and showing such particulars as may be prescribed.
5 1 . An application under section 50 for the renewal of an

exploration permit shall be in respect of all of the land subject to the permit, or in respect of a single area of land subject to the permit that is in such form, and has such relation to the boundaries of the exploration area, as may be prescribed.

An application under section 50 for the renewal of a coal lease may be in respect of all of the land subject to the lease, or in respect of a single area of land subject to the lease.

5 2 .
5 3 . (1) On application made under section 50 for the

renewal of an exploration permit the Minister, by instrument

in writing, may—

(a) subject to this section, renew the permit; or
(b) refuse the application.

(2 ) On application made under section 50 for the renewal of a coal lease the Governor, by instrument in writing, may—

(a) renew the lease; or
(b) refuse the application.

(3 ) The Minister may renew an exploration permit if

he is satisfied that the renewal is necessary to enable the regis tered holder of the permit to complete his prospecting operations.

(4) The sum of the period for which an exploration permit is granted and of the period or periods for which it is renewed shall not exceed four years.

( 5 )

(5 ) Any of the conditions of a concession may be

amended—

(a )

in the case of an exploration permit, by the Minister; and
(b) in the case of a coal lease, by the Governor,

in the instrument in writing renewing the permit or the lease.
(6 ) The area of land over which a concession is renewed may differ from the area of land over which the renewal of the concession is sought, but shall not include any land that was not subject to the concession immediately before the renewal.
(7 ) The period for which a concession, if renewed,

is renewed, is—

(a)

in the case of an exploration permit, the period ending on the date specified by the Minister; or

(b)

in the case of a coal lease, the period ending on the date specified by the Governor,

in the instrument in writing renewing the permit or the lease.
5 4 . (1 ) If a concession is renewed the Minister shall

cause to be served on the registered holder of the concession
an instrument in writing—

(a) so informing him;
(b)

setting out any amendments to the conditions of the
concession made under section 53 ( 5 ) ; and

(c) stating the period for which the concession is renewed.

(2 ) There shall be attached to an instrument served on the registered holder of an exploration permit pursuant to subsection (1) a plan prepared by the Department showing the area of land over which the exploration permit is renewed.

(3 )

(3 ) There shall be deemed to be excluded from the area of land shown on a plan attached to an exploration permit pursuant to subsection (2) any land, within that area, to which the permit does not apply.

(4) Section 40 (4) applies, with such modifications as may be necessary, during the period for which an explora tion permit is renewed as it applies during the period for which the permit is granted.

55. (1 ) This section applies where there is more than

one registered holder of a concession and all of the registered

holders of the concession do not apply for its renewal.

(2 ) In any case to which this section applies a

concession may—

(a) subject to subsection (3), be renewed in the name of the person, or the names of the persons, applying for its renewal; or
(b) be renewed in the name of the person or the names of the persons applying for its renewal and in the name of any other registered holder of the conces sion not so applying, who wishes the concession to be renewed in his name.

(3 ) The Minister shall not renew an exploration permit and the Governor shall not renew a coal lease, as provided in subsection (2) ( a ) , unless he is satisfied that any registered holder of the permit or the lease not applying for

its renewal does not wish the permit or the lease to be renewed	in his name.
(4 ) In any case to which this section applies the Minister may cause to be served on any registered holder of a concession not applying for its renewal an instrument in writing—

(a)

stating that an application for the renewal of the concession has been lodged; and
(b)

(b)

requiring him, in such manner and by such date, as is specified in the instrument, to state whether or not he wishes the concession to be renewed in his name.
(5 ) If a registered holder of a concession upon whom an instrument is served pursuant to subsection (4) fails to state, as required by the notice, whether or not he wishes the concession to be renewed in his name his failure to do so shall be conclusive proof that he does not wish the concession to be renewed in his name.

5 6 . ( 1 ) If an application for the renewal of a concession
is not finally dealt with before the date on which the conces sion would, but for this section, cease to have effect, the concession continues, under this section, to have effect until the date on which—

(a)

notification of the withdrawal of the application is published in the Gazette pursuant to section 17;

(b)

notification of the refusal of the application is published in the Gazette pursuant to section 17; or
(c) the renewal of the concession has effect, as provided

in section 57 ( a ) ,
unless the concession is sooner cancelled under section 59.

(2) During any period when a concession has effect

under subsection (1) the Minister may, by instrument in writing served on the registered holder of the concession, amend any of the conditions of the concession (other than a condition relating to rent or royalty), and the amendment shall have effect from and including the date on which the instrument is so served.

5 7 . The renewal of a concession has effect—

(a) if section 56 applies, from and including the date on which an instrument in writing is served on the registered holder of the concession pursuant to section 54 ( 1 ) ; or
(b) if section 56 does not apply, from and including the date on which the concession would cease to have effect if not renewed.

5 8 . Any amendment under section 53 (5) of the conditions of a concession is effective from and including the date on which the renewal of the concession has effect, as provided in section 57.

5 9 . ( 1 ) The person empowered to cancel a concession

i s—

(a)

in the case of an exploration permit, the Minister; and
(b) in the case of a coal lease, the Governor.

(2 ) Where the person empowered to cancel a concession is satisfied that the registered holder of the concession has not complied with—

(a ) any of the conditions of the concession; or
(b ) any provision of this Act with which he is required

to comply,

he may, on that ground, by instrument in writing cancel the
concession.

(3 ) Where all or some of the land subject to a concession is required for a public purpose the person empowered to cancel a concession may, on that ground, by instrument in writing cancel the concession as to all or some of the land subject to the concession.

( 4 )
(4 ) If the registered holder of a concession—

(a)

fails to use the land subject to the concession bona fide for the purpose for which the concession was granted; or

(b)

uses that land for any purpose other than the purpose for which the concession was granted,
the person empowered to cancel a concession may, on that
ground, by instrument in writing, cancel the concession.
(5) On the application of the registered holder of a concession for the person empowered to cancel a concession to do so that person may, by instrument in writing cancel the concession as to all or some of the land subject to the concession.
(6 ) An application under subsection ( 5 ) —

(a ) shall be lodged with the Under Secretary; and

(b)

if the application is for the cancellation of some of the land subject to the concession, shall be accom panied by a plan of the area of land in respect of which the concession is to be cancelled, drawn in such manner and containing such particulars as may be prescribed.
(7 ) If the Governor is prepared to grant a coal lease
in any case to which section 65 applies, he may, on that
ground, before granting the lease, by instrument in writing

cancel the exploration permit, or the exploration licence
granted under section 51 of the Mining Act, 1973, concerned,
as to that part of the exploration area over which the coal
lease is to be granted.
(8) The cancellation of a concession has effect from
and including the date on which notification of the cancellation

is published in the Gazette pursuant to section 17 (1) ( j ) .
( 9 )

(9 ) Except as provided in subsection ( 1 0 ) , com pensation shall not be paid to the registered holder of a concession because of any cancellation of the concession as to all or some of the land subject to the concession.

(10) When a coal lease is cancelled under subsection (3 ) as to all or some of the land subject to the lease such amount as the Minister may determine as an appropriate compensation for mining improvements made shall be paid to the registered holder of the lease.

(11) A concession may be cancelled under this section as to all or some of the land subject to the concession on the ground that the registered holder of the concession has not complied with a provision of this Act notwithstanding that the registered holder has been convicted of an offence for failing to comply with that provision.

(12) The cancellation of a concession does not affect any liability of the person who was the registered holder of the concession incurred before the cancellation had effect.

6 0 . (1) The Minister may, by instrument in writing,

suspend any of the conditions of a concession for such period or until the happening of such event as is specified in the instrument.

(2) On the application of the registered holder of a concession, lodged with the Under Secretary, the Minister may, by instrument in writing served on the registered holder of the concession, suspend any of the conditions of the con	cession, subject to compliance with such conditions as may be	specified in that instrument.
(3) No condition of a concession shall be suspended under subsection (2) on any one occasion for a period exceeding—

(a)

in the case of an exploration permit, three months; or
(b ) in the case of a coal lease, six months.
DIVISION

DIVISION 4.—Restrictions on Grant of a Concession.
6 1 . The power to grant a concession to any person over

any land is subject to the rights conferred by—

(a)

this Act on any other person, being the registered holder of an authorisation or a concession; or

(b)

the Mining Act, 1973, on any other person, being the registered holder under that Act of a claim or an authority,
over that land.
6 2 . ( 1 ) Subject to this section, a coal lease shall not be

granted over the surface of any land—

(a)

that is bona fide in use as a garden or an orchard, or situated within fifty metres of any such land, without the consent of the occupier of the land so in use and, in the case of private lands, of the owner of the lands;

(b)

that is situated within two hundred metres of a dwelling-house that is the principal residence of its occupier, without the consent of that occupier and, in the case of a dwelling-house on private lands, of the owner of the lands; or
(c ) on which there is any improvement (being a

substantial building, dam, reservoir, contour bank
or graded bank or water disposal area, for soil conservation purposes, or other valuable improve ment) other than an improvement constructed or effected for mining purposes and not bona fide used for other purposes, without the consent of the occupier of the land on which there is such an improvement and, in the case of an improvement on private lands, of the owner of the lands.

( 2 )

(2 ) The provision of subsection (1) shall not apply
in respect of a garden, orchard, dwelling-house or

improvement unless it was in existence at the prescribed date.

(3) An exploration permit shall not extend to the
surface of any land referred to in subsection (1) ( a ) , (b) or

(b )

( c ) .

(4) Any dispute as to whether or not subsection (1) or (3 ) applies in any particular case shall be decided by the Minister after inquiry and report by the warden.

(5 ) A decision of the Minister under subsection (4)

shall be final.

(6 ) A coal lease shall not be granted below the surface of any land referred to in subsection (1) ( a ) , (b) or (c) except at such depth as the Minister may, after full inquiry, deem sufficient to prevent damage to that surface.

(7 ) Any consent given for the purposes of subsection (1 ) or (3) shall be given by instrument in writing and shall be irrevocable.

(8) For the purposes of this section the prescribed

date

i s—

(a)

in the case of an application for the grant of a coal lease where the applicant is the registered holder of an exploration permit over the land to which the

application relates, the date on which a notice

inviting tenders for the grant of the exploration
permit was published pursuant to section 27 (2) in
the Gazette;

(b)

in the case of a tender under section 34 for the grant of a coal lease, the date on which a notice of intention to invite tenders for the grant of the coal lease was published pursuant to section 31 in the Gazette;
(c)

(c)

in the case of an application under section 35 for the grant of a coal lease (other than a case to which paragraph (d) refers), the date on which a notice of intention to invite the application was published pursuant to section 31 in the Gazette; or

(d)

in the case of an application under section 35 for the grant of a coal lease by the registered holder of an authorisation, the date on which the application for the authorisation was lodged.

4 8 A of that Act. ( 2 ) For the purposes of this Schedule, a lease (as defined in paragraph 9 ( 1 ) ) shall be treated as having been duly granted under

the 1906 Act notwithstanding that when the land to which the lease relates was marked out the applicant, or intending applicant, for the lease did not hold a permit under section 4 8 A of that Act.
( 3 ) Nothing in this paragraph affects application N o . 2 4 3 by
the Muswellbrook Coal Company Pty Limited for a mining lease.

T H I R D

T H I R D S C H E D U L E .

R E P E A L OF A C T S .

Year and

number	Short title of Act	Extent of Repeal
of Act
1953, No . 2 7 . .	Coal Mines Regulation (Amendment)	Section 5
Section 5
Act, 1953.

1964, No .	1 9 . .	Coal Mines Regulation (Amendment)	Section 6
Section 6
Act, 1964.

1906, No. 4 9 . .	Mining Act, 1906	The whole
The whole
1907, No. 1 8 . .	Mining (Amendment) Act, 1907	The whole
The whole
1918, No. 4 1 . .	Mining (Amendment) Act, 1918	The whole
The whole
1921, No. 7 . .	Mining (Amendment) Act, 1921	The whole
The whole
1924, No. 6 8 . .	Mining (Amendment) Act, 1924	The whole
The whole
1935, No. 1 5 . .	Mining (Amendment) Act, 1935	The whole
The whole
1946, No. 5 3 . .	Mining (Amendment) Act, 1946	The whole
The whole
1952, No. 7 . .	Mining (Amendment) Act, 1952	The whole
The whole
1963, No. 5 7 . .	Mining (Amendment) Act, 1963	Sections 1 (2) (a) and
Sections 1 (2) (a) and
(3), 2, 3, 4, 5, 6, 7, 8,
(3), 2, 3, 4, 5, 6, 7, 8,
9, 10,11, 12,14 and
9, 10,11, 12,14 and
15
15
1967, No. 6 7 . .	Mining (Amendment) Act, 1967
Mining (Amendment) Act, 1967	The whole
The whole
1969, No. 2 2 . .	Mining (Amendment) Act, 1969
Mining (Amendment) Act, 1969	The whole
The whole
1970, No. 6 5 . .	Mining (Amendment) Act, 1970
Mining (Amendment) Act, 1970	The whole
The whole
1967, No. 8 8 . .	Mining (Further Amendment) Act,
Mining (Further Amendment) Act,	The whole
The whole

1967.
1967.

1970, No. 8 8 . .

Mining (Further Amendment) Act,

The whole

1970.
1970.

Leases Cancellation

Cancellation The whole

1916, No . 7 4 . .

Mining

Leases

(Validation) Act, 1916.
(Validation) Act, 1916.

1924, No. 2 . .

Mining Leases (Validation) Act, 1924

The whole

1961, No. 5 9 . .

Mining

(Renewal

(Renewal of

of Leases)

Leases) Sections 1 (2) and (3),

Amendment Act, 1961.

Amendment Act, 1961. 2, 4, 5, 6, 7 and 8

1967, No . 3 5 . .

National Parks and Wildlife Act, 1967

Section 55

1950, No. 2 7 . .

War Service Land Settlement and

Section 5 (3)

Closer Settlement (Amendment) Act
Closer Settlement (Amendment) Act
1950.
1950.

F O U R T H

P 23793—47

F O U R T H S C H E D U L E .

A M E N D M E N T OF A C T S .

Column 1 Column 2

Year and Short title

number of Amendment

Act of Act

1938, No. 2 0 . . Broken Hill Section 3—
Water and In the definition of "Lease" after "thereof"

Sewerage Act, insert " , and in relation to a claim

1938

registered under Part IV of the Mining Act, 1973, includes the occupancy
thereof".
Section 47—

(a)

Omit subsection (4) (b), insert instead the following paragraph:—

(b)

to grant an authority under the Mining Act, 1973, or an authorisation or a concession under the Coal Mining Act, 1973; or.

(b) In subsection (4) omit "lease, permis sion or franchise," insert instead "authority, authorisation, concession, permission or franchise,".
(c) In subsection (5) omit "lease", insert

instead "authority, authorisation,
concession".

1912, No. 37 . . Coal Mines Sections 35 (1), (1A); 38A (2), (3), (6); occurring, insert instead "Mining Act, 1973, or the Coal Mining Act, 1973,".

Regulation 38B (3); 53BA(3)—

Act, 1912 Omit "Mining Act, 1906," wherever
Section 35A (3) (b)—
Omit "Mining Act, 1906-1952,", insert instead "Mining Act, 1973, or the Coal Mining Act, 1973,".

1901, No. 3 0 . . Companies Sections 7 (a); 10 (1) (a)—
(Death Omit "or other minerals as defined in the insert instead " , coal or shale, or any substance prescribed as a mineral under the Mining Act, 1973,".

Duties) Act, Mining Act, 1906," wherever occurring,
1901

1919, No. 6 . . Conveyancing Section 6 (2)—

Act, 1919

Omit "Mining Act, 1906," insert instead "Mining Act, 1973, Coal Mining Act, 1973,".
Schedule III—

Omit "Mining Act, 1906,", insert instead "Mining Act, 1973, or the Coal Mining Act, 1973,".

F O U R T H

F O U R T H S C H E D U L E — c o n t i n u e d .

A M E N D M E N T OF ACTS—cont inued .

Column 1 Column 2

Year and Short title

number of Amendment

Act of Act

1913, No . 7 . . Crown Lands

Section 2—

Consolidation Omit "Mining Act, 1906", insert instead

Act, 1913 "Mining Act, 1973, and the Coal
Mining Act, 1973".
Section 4—
Omit "Irrigation Act, 1912—or", insert

instead—

"Irrigation Act, 1912—
Mining Act, 1973—
Coal Mining Act, 1973—or".
Sections 24 (3); 28 (3); 52; 57 (1); 63 (1A); 81 (2); 85 (4); 107; 123A (4); 134; 136K(2), (4); 139 (4); 142 (9); 142B (8); 144 (2); 144A (3); 144E (8); 192; 307 (1)—

Omit "Mining Act, 1906," wherever
occurring, insert instead "Mining Act, 1973, or the Coal Mining Act, 1973,".

Sections 254; 323 (2)—

Omit "Mining Act, 1906" wherever
occurring, insert instead "Mining Act,
1973, or the Coal Mining Act, 1973".

1948, No. 4 7 . .

Fauna

Section 10—

Protection
(a) Omit subsection (1), insert instead the
(1) A claim shall not be registered
under Part IV of the Mining Act, 1973,
over any land within a nature reserve.

Act, 1948 following subsection:—

(b)

In subsection (2) omit "Mining Act, 1906-1946,", insert instead "Mining Act, 1973, or the Coal Mining Act, 1973,".

1916, No. 5 5 . . Forestry Act,

Section 21 —

1916 Omit "Mining Act, 1906", insert instead "Mining Act, 1973, the Coal Mining Act, 1973,".

1938, No. 1 1 . .

Hunter District

Section 55 (5) (b)—

Water, Omit "Mining Act, 1906-1935", insert

Sewerage and instead "Mining Act, 1973, or the Coal
Drainage Mining Act, 1973".
Act, 1938

1912, No. 73 . Irrigation Act, Section 25—
1912 Omit "Mining Act, 1906,", insert instead "Mining Act, 1973, or the Coal Mining Act, 1973,".
F O U R T H

F O U R T H S C H E D U L E — c o n t i n u e d .

A M E N D M E N T OF ACTS—cont inued .

Column 1 Column 2

Year and Short title

number of Amendment

Act of Act

1919, N o . 4 1 . . Local Section 4—

Government

(a) In the definition of "Lease" next before the definition of "Lessee", omit "and a tenement under the Mining Act, 1906, as amended by subsequent Acts,", insert instead "and a claim registered under Part IV of the Mining Act, 1973,";
Act, 1919

(b)

In the definition of "Lessee", omit "and a person in lawful occupation under a miner's right or business license of a tenement under the Mining Act, 1906, as amended by subsequent Acts,", insert instead "and the registered holder of a claim under the Mining Act, 1973,".
Section 54 (1) (c)—
Omit "a miner's right or business license under the Mining Act, 1906, or any Act amending or consolidating the same", insert instead "paragraph 13 (1) of the Second Schedule to the Mining Act, 1973, or a claim registered under Part IV of that Act".

1935, No. 4 7 . . Maritime Ser Section 13c (2)—

vices Act, Omit "Mining Act, 1906,", insert instead "Mining Act, 1973, or the Coal Mining Act, 1973,".
1935

Section 13H—
Omit "minerals as defined in section three of the Mining Act, 1906", insert instead "coal or shale or any substance pre scribed as a mineral under the Mining Act, 1973".
Section 13J (3)—
Omit "Mining Act, 1906,", insert instead "Mining Act, 1973, or the Coal Mining Act, 1973.".
Section 13YB—
Omit "Mining Act, 1906,", insert instead "Mining Act, 1973, or the Coal Mining Act, 1973,".

F O U R T H

F O U R T H S C H E D U L E — c o n t i n u e d .

A M E N D M E N T OF ACTS—cont inued .

Column 1 Column 2

Year and Short title

number of

Amendment

Act of Act

1 9 3 5 ,

N o . 47—

Maritime Ser

Section 13YC (1)—

continued vices Act, Omit "paragraph (b) of subsection one Act, 1906,", insert instead "paragraph (a) of subsection (l) of section 55 of the Mining Act, 1973,".

1935— of section twenty-three of the Mining
continued

Section 13YC (2) (a)—

Omit "Mining Act, 1906, for a lease for mining purposes referred to in paragraph (b) of subsection one of section twenty-three of that Act", insert instead "Mining Act, 1973, for a mining purposes lease".
Section 13z (1)—
Omit "Mining Act, 1906,", insert instead "Mining Act, 1973, or the Coal Mining Act, 1973,".

1 9 2 4 ,	No. 5 0 . .	Metropolitan	Section 55 (5) (b)—
Water, Sew	Omit "Mining Act, 1906", insert instead

erage, and "Mining Act, 1973, or the Coal Mining

Drainage Act, Act, 1973".
1924

1 9 0 1 , No . 7 5 . .

Mines

Inspec

Sections 4 (1); 50(5) ; 54(3)—

tion Act, 1901 Omit "Mining Act, 1906" wherever
occurring, insert instead "Mining Act,
1973".

1 9 6 7 ,

No . 3 5 . .

National

Parks

Section 22 (1)—

and Wildlife (a) After "authority" where firstly occurring

Act, 1967 insert " , authorisation".

(b) After "authority" where secondly
occurring insert " , authorisation".
Section 22 (3)—
Omit "Mining Act, 1906,", insert instead "Mining Act, 1973, the Coal Mining Act 1973 " .

Section 24 (2) (a)—

(a)

Omit "An authority over, or lease of, land within a national park, state park or historic site, being an authority or lease under the Mining Act, 1906, or the Petroleum Act, 1955,", insert instead "An authority (other than an
F O U R T H

F O U R T H S C H E D U L E — c o n t i n u e d .

A M E N D M E N T OF ACTS—cont inued .

Column 1 Column 2

Year and Short title

number of Amendment

Act of Act

1967, No . 35— National Parks exploration licence) under the Mining

continued and Wildlife Act, 1973, or an authorisation or a

Act, 1967— coal lease under the Coal Mining Act,

continued 1973, or an authority or lease under the Petroleum Act, 1955, over land within a national park, state park or historic site,",

(b)

Omit "and such an authority or lease", insert instead "and such an authority, authorisation or lease".
Section 24 (2) (b)—
Omit "authority or lease under the Mining Act, 1906, or the Petroleum Act, 1955,", insert instead "authority (other than an exploration licence), author isation or lease under the Mining Act, 1973, the Coal Mining Act, 1973, or the Petroleum Act, 1955,".

1955, No. 2 8 . . Petroleum Act, Section 4 (1)—
1955 Omit "Mining Act, 1906, as amended by subsequent Acts,", insert instead "Min ing Act, 1973,".
Section 41 (1)—

(a)

Omit paragraph (a), insert instead the following paragraph:—

(a)

any claim registered, or authority granted, under the Mining Act, 1973; or.

(b)

Omit paragraph (b), insert instead the following paragraph:—

(b) any authorisation or concession granted under the Coal Mining Act, 1973; or.
Section 56 (1)—
Omit "one hundred and fifty-eight of the Mining Act, 1906, as amended by subsequent Acts,", insert instead "127 of the Mining Act, 1973,".
Section 57—

Omit the section, insert instead the following

section:—

Wardens' 57. Wardens' courts under the

courts. Mining Act, 1973, shall be wardens' courts for the purposes

F O U R T H

F O U R T H SCHEDULE—cont inued.

A M E N D M E N T OF ACTS—cont inued .

Column 1 Column 2

Year and Short title

number of Amendment

Act of Act

1955, No. 28—

Petroleum Act,

of this Act and the provisions of Part IX of the Mining Act, 1973,

continued 1955—

continued shall apply accordingly.
Schedule—
Omit so much of the Schedule as amends Act No. 49, 1906.

1924, No . 3 1 . .	Prickly-pear	Section 3—
Act, 1924	Omit the definition of "Minerals", insert instead the following definition:—

"Minerals" means coal and shale and any substance prescribed as a mineral under the Mining Act, 1973.
Section 16 (6)—
Omit "1906", insert instead "1973".
Section 16 (7)—
Omit "1906, and Acts amending the same, shall be deemed to be Crown lands within the meaning of those Acts", insert instead "1973, shall be deemed to be Crown lands within the meaning of that Act".

1920, No. 4 7 . .

Stamp Duties

Section 3 (1)—

Act, 1920

In the definition of "Mining company" omit "1906 (except coal)", insert instead "1973".
Second Schedule—

In paragraph (10) under the heading "Lease or Promise of an Agreement for Lease or Hire" omit "Mining Act, 1906, as amended", insert instead

"Mining Act, 1973, as amended, Coal Mining Act, 1973, as amended,".

1912, No. 7 0 . .

State Coal Mines Act,

Section 1 (2)—

(a) In the definition of "Crown lands" omit "section three of the Mining Act, 1906", insert instead "section 6 of the Mining Act, 1973".
1912

(b) Omit the definition of "Mining Act, 1906,".
(c) In the definition of "Private lands"
omit "the Mining Act, 1906", insert instead "section 6 of the Mining Act, 1973".
F O U R T H

F O U R T H SCHEDULE—cont inued.

A M E N D M E N T OF ACTS—cont inued .

Column I Column 2

Year and Short title

number of Amendment

Act of Act

1912, N o . 7 0 — State Coal Section 2 (2)—

continued Mines Act, Omit the subsection, insert instead the

1912— following subsection:—

continued

(2) Upon publication of any such proclamation, the lands so set apart shall be exempted from alienation under the Crown Lands Acts, and from the leasing provisions of any Act for the time being in force relating to mining, and a claim shall not be registered over any such lands under Part IV of the Mining Act, 1973.
Section 7 (3)—
Omit "the Mining Act, 1906, and from occupation under any miner's right or business license", insert instead "any Act for the time being in force relating to mining, and a claim shall not be registered over the land so described under Part IV of the Mining Act, 1973".
Section 10 (1)—
Omit "Part IV of the Mining Act, 1906,", insert instead "Parts IV and V of the
Mining Act, 1973,".
Section 10 (2)—
Omit "Mining Act, 1906, Part VII, Division five", insert instead "Part VIII of the
Coal Mining Act, 1973".
Section 15 (5)—

(a)

Omit "the Mining Act, 1906,", insert instead "the Coal Mining Act, 1973,".

(b) Omit "or use any Crown lands or
private lands, as aforesaid and any
such right or title may, subject to the
provisions of that Act be granted to the authority", insert instead "or, with the approval of the Minister, apply under the Mining Act, 1973, for
any right or title under that Act to so
use any Crown lands or private lands, and any such right or title may, subject to the provisions of the Coal Mining Act, 1973, or the Mining Act, 1973, as the case may be, be granted to the authority".

F O U R T H

F O U R T H S C H E D U L E — c o n t i n u e d .

A M E N D M E N T OF ACTS—cont inued .

Column 1 Column 2

Year and Short title

number of Amendment

Act of Act

1912, No . 70—

State 1912—

Coal

Section 21A—

continued Mines Act, Omit "Mining Act, 1906,", insert instead "Coal Mining Act, 1973,".
continued

1925, No. 14 . . Trustee

Act,

Section

9 ( 3 A)—

1925 Omit "Mining Act, 1906-1935,", insert instead "Mining Act, 1973, or the Coal Mining Act, 1973,".

1912, No. 2 1 . . Trustees Audit

Schedule 2—

Act, 1912 Omit the first two paragraphs of the

Schedule.

1901, No. 7 0 . . Western Lands

Section 3—

Act, 1901 Omit the definition of "Minerals", insert instead the following definition:—
"Minerals" means coal and shale and any substance prescribed as a mineral under the Mining Act, 1973.

Section 18E (2) (c)—

Omit "Mining Act, 1906", insert instead "Mining Act, 1973, or the Coal Mining Act, 1973".

Section 24 (4) (c), (6)—

Omit "Mining Act, 1906," wherever
occurring, insert instead "Mining Act, 1973, or the Coal Mining Act, 1973,".

F I F T H

F I F T H S C H E D U L E .

A M E N D M E N T OF M I N I N G A C T , 1 9 7 3 .
Part A .

Section. Extent of Amendment.

6 (1) After the definition of "approved" insert the following new
definition:—

"authorisation" means an authorisation granted under

section 20 or 21 of the Coal Mining Act, 1973;

After the definition of "colliery holding" insert the following

new definition:—

"concession" means an exploration permit or a coal lease

granted under the Coal Mining Act, 1973;

In paragraph (b) of the definition of "exempted area" before

"under" insert "held".

In paragraph (b) of the definition of "registered holder" omit

"means". instead "the registrar (minerals)".

12 (2) Omit "or not" where firstly occurring.
13 After "land" where firstly occurring insert " , or over the surface
of any land".
14 (1) After "Act" insert "and the Coal Mining Act, 1973".
24 (2) In paragraph (b) after "authority" insert ", an authorisation or
a concession".
24 (3) Omit "or an authority" and insert instead ", an authority,
an authorisation or a concession".
24 Insert after subsection (3) the following new subsection:—
(4) In an order constituting any lands as a reserve the Governor may stipulate that the reserve shall extend only to the surface of the lands, or to the surface of the lands and the soil of those lands below the surface, or to the surface of the lands and the soil of those lands to a specified depth below the surface, or over the soil of the lands between or below any

the extent of the reserve shall be so limited. specified depth or depths below the surface, and if he does so
25 Insert after subsection (6) the following new subsection:—
(7) In an order made under subsection (1) the Governor may stipulate that the fossicking area to which the order relates shall extend only to the soil of the lands constituting the fossicking area to a specified depth below the surface of those lands, and if he does so the extent of the fossicking area shall be so limited.
29 In paragraph (b) after "authority" insert "or for an authorisation
or a concession under the Coal Mining Act, 1973".
In paragraph (d) after "area" insert "or an area subject to an
authorisation or a concession".

F I F T H

FIFTH SCHEDULE—cont inued.

A M E N D M E N T OF M I N I N G A C T , 1973—con t inued .

Part A—cont inued.

Section.

Extent of Amendment.

32 Insert after subsection (3) the following new subsection:—
(4) When registering or renewing the registration of a claim the mining registrar may impose a condition limiting the lands over which the claim is registered to a specified depth beneath the surface of those lands.

42 (1) After "Crown lands" insert "held under a Crown lease for
pastoral purposes or a special lease for pastoral purposes".
42 Insert after subsection (5) the following new subsection:—

(6) This section shall not operate so as to prevent a person or his agent from entering any private lands with the consent of the owner or occupier thereof, or lands held under a Crown lease for pastoral purposes or a special lease for pastoral purposes with the consent of the occupier thereof, for the purpose of erecting a datum post either on those lands or on any other lands.
43 (1) In paragraph (d) after "by" insert "a copy of".
52 Omit subsection (5) and insert instead the following subsection:—
(5) Land excluded from the area of land over which an
exploration licence is granted because, when the exploration
licence is granted, it is subject to a claim, an authority, an
authorisation or a concession, becomes subject to the explora
tion licence—

(a) if the claim, authority, authorisation or concession
ceases to have effect over the land; and

(b) when it does so, the land is not subject to pending application under this Act for a prospecting licence, a mining lease, or a mining purposes lease, or to a pending application under the Coal Mining Act, 1973, for a coal lease or, if it is then subject to such an application, the application is subsequently refused.
55 Insert after subsection (4) the following new subsection:—
(5) A mining purposes lease may be granted under this
section for a mining purpose prescribed under this Act or under

the Coal Mining Act, 1973.

66 (7) After "authority" where firstly occurring insert "(other than an
exploration licence)".
Omit "an authority" where secondly occurring and insert instead
"the authority".

68

Omit " , or some of the lands, being adjacent lands, in the area subject to the licence or the lease" and insert instead "subject to the licence or the lease, or in respect of a single area subject to the licence or the lease".
75 (7) After "exploration licence" insert " , or an exploration permit
granted under the Coal Mining Act, 1973,".
FIFTH

F I F T H S C H E D U L E — c o n t i n u e d .

A M E N D M E N T OF M I N I N G A C T , 1 9 7 3 — c o n t i n u e d .

Part A—cont inued.

Section. Extent of Amendment.
78 Omit the section and insert instead the following section:—

Power to 78. The power to grant an authority to any

grant person over any land is subject to the rights
authority conferred—

subject to (a) by this Act on any other person, being the

rights of registered holder of a claim or an authority,
other over that land; and

persons. (b) by the Coal Mining Act, 1973, on any other
person, being the registered holder under that Act of an authorisation or a coal lease, over that land,

but nothing in this section shall operate so as to prevent an authority being granted over any land to a person applying therefor if a person referred to
in paragraph (a) or (b) and having rights in the
land consents to the application.

84 (1) In paragraph (a) omit subparagraph (i) and renumber sub
paragraphs (ii) and (iii) as (i) and (ii) respectively.

84 Omit subsection (5) and insert instead the following subsection:—
(5) In this section the reference to an exploration licence
includes a reference to an exploration permit granted under
the Coal Mining Act, 1973.

92 (6)

Omit "not less than fourteen days after lodging an application" and insert instead "either before, or within fourteen days after, lodging his application".
95 (4) After "any period when" insert "the licence or".
95 (6) After "Governor" insert "or the Minister, as the case may be,".
95 Insert after subsection (6) the following new subsection:—
(7) Rent referred to in this section shall be paid—

(a) in the case of rent in respect of Crown lands, to the
Crown; and

(b) in the case of rent in respect of private land, to the

owner of the land,

at the times, and in the manner, prescribed.

105 (3) After "deputy registrar" insert "(mining)".
111 In paragraph (c) after " i s " insert " , or was on a day specified in
the certificate,".

115 (6) Omit "was granted" and insert instead "has effect, as provided
in section 64 (2)".
119 (2) Omit "Under Secretary" and insert instead "Minister".

F I F T H

F I F T H S C H E D U L E — c o n tin ued.

AMENDMENT OF MINING ACT, 1973—continued.

Par t A—continued.

Section. Extent of Amendment.
171 Omit the section and insert instead the following section:—
Minister 171. Where the Minister is of opinion that a may direct survey, or a further survey, of any land subject to survey of an application for an authority or to an authority land to be is necessary or desirable he may, by instrument in carried writing, direct the applicant or the registered holder

out. of the authority, as the case may be, to carry out at
his own expense a survey of the land concerned.

175 (4)

After "prescribed" insert "or as may be imposed or stipulated
by the warden in any particular case".

179

Insert after subsection (3) the following new subsection:—

(4) A person entitled under paragraph 18 of the Second Schedule to mine for a mineral shall be deemed for the purposes of this section to be the registered holder of an authority.

182 (1)

After "Act" insert "or the Coal Mining Act, 1973".

184 (1)

In paragraph (a) after "any lands" insert "in a fossicking

area".

189

Omit the section and insert instead the following section:—

Offence of

189. (1) Subject to subsections (2) and (3), a

pros-

person shall not—

pecting,

(a) prospect for a mineral except under and in

etc.,

pursuance of—

without

(i) a claim, of which he is the registered holder, or an authority authorising him to prospect for that mineral; or

authority.

(ii) a coal lease granted under the Coal
Mining Act, 1973, which applies to that mineral by reason of a direction given by the Minister under section 72 (3) (a) of that Act; or

(b) mine for a mineral except under and in pursuance of—
(i) a claim, of which he is the registered

holder, or a mining lease authorising
him to mine for that mineral; or
(ii) a coal lease granted under the Coal
Mining Act, 1973, which applies to that mineral by reason of a direction given by the Minister under section 72 (3) (a) of that Act.

(2) It is a sufficient defence to a prosecution under subsection (1) if the person carrying out prospecting or mining operations proves that he is entitled to do so by virtue of a legal instrument approved by the Minister under section 107 (1)
F I F T H

F I F T H SCHEDULE—continued.
AMENDMENT OF MINING ACT, 1973—continued.

Par t A—continued.

Section Extent of Amendment.
189 (b) and registered by the registrar, or approved

continued by the Minister under section 104 (1) (b) of the
Coal Mining Act, 1973, and registered by the registrar under that Act.
(3) Subsection (1) shall not apply to a person mining or prospecting for coal in the circumstances referred to in paragraph 18 of the Second Schedule.

195 (2) In paragraph (n) omit "any inquiry" and insert instead ", or
in connection with, any inquiry held or to be held".
In paragraph (q) after "regulations" insert ", and the inspection
of, and the taking of extracts from, records or books so
kept, by such persons as may be specified in the regulations".
196 Insert the following new subsection:—
(2) A purpose which is connected or associated with, or incidental to, mining or mining operations, or connected or associated with, or incidental to, the transporting of minerals or any other matter for the purpose of mining, or connected or associated with, or incidental to, the treatment, manufacture or preparation for sale of any mineral, may be prescribed as a mining purpose, and may be so prescribed whether or not the purpose is to be carried out on or in, or in the vicinity
of, land subject to an authority.
199 Omit the section.

Par t B.

Paragraph. Extent of Amendment.
1 Insert the following new subparagraphs:—

(2) For the purposes of this Schedule, an application shall
be treated as having been duly made under the 1906 Act

notwithstanding that when the land to which the application relates was marked out the applicant, or intending applicant,
did not hold a permit under section 48A of that Act.
(3) For the purposes of this Schedule, an authority to enter, a mining lease, a special lease, or a mining purposes lease shall be treated as having been duly granted under the 1906 Act, notwithstanding that when the land to which the authority or the lease relates was marked out the applicant, or intending applicant, for the authority or lease did not hold a permit under section 48A of that Act.
10 In paragraph (b) after "mining lease" insert ", coal lease".
In paragraph (c) after "mining lease" insert " . coal lease".

F I F T H

F I F T H SCHEDULE—continued.

AMENDMENT OF MINING ACT, 1973—continued.
Part B—continued.

Paragraph.

Extent of Amendment.

16 Insert after subparagraph (10) the following new sub
paragraph :—
( l l ) The reference in this paragraph to a mining lease granted under the 1906 Act includes a reference to a special lease granted under that Act.

17 Insert after subparagraph (7) the following new subparagraph:—
(8) Subparagraph (1) applies to a lease purporting to be a
lease granted under the 1906 Act for a mining purpose
notwithstanding that the purpose for which the lease was
granted was not, for the purposes of the 1906 Act, a mining
purpose, if the purpose for which the lease was granted
could be prescribed as a mining purpose under this Act or
the Coal Mining Act, 1973.

18 Insert after subparagraph (3) the following new subparagraph:—
(4) For the purposes of this Schedule a person entitled
to mine under the 1906 Act for a mineral during the
pendency of an application for a lease shall be deemed to have been given a consent to so mine under the 1906 Act, and the provisions of this paragraph (except subparagraph (3) in so far as it relates to the revocation of a consent) shall apply.
19              Omit "and 4 3 " and insert instead ", 43, 59, 59A, 60 (IA) and
99 (4)".
21              After "the 1906 Act" insert "from any land subject to an authority, license, lease, consent or application affected by this Schedule".
22              Insert the following new subparagraph:—
(2) An authority granted under section 110 or 111 of the 1906 Act and in force at the commencement shall be deemed to be a licence granted on the commencement under section 174 of this Act on the same conditions as those of the authority in force immediately before the commencement.

ELECTRICITY

mine or included in any description furnished to the	Under Secretary and registered in accordance with
the provisions of the Coal Mines Regulation Act, 1912;

(a)	a Crown lease, under the Crown Lands Acts, of land, not being a Crown lease of land set apart for disposal by way of Crown lease for grazing, which contains a condition restrict ing the use of the land comprised therein to grazing or grazing and the giving of access to water; and
(b)	a Crown lease, under the Crown Lands Acts, of land set apart for disposal by way of Crown lease for grazing, whether or not the whole or any part of the land comprised in the lease may, under the lease, be used for agricultural purposes;

(b)	held under a lease for water supply by virtue
of a special lease or otherwise; or
(c)	granted or vested in trust by the Crown for the purpose of a race-course, cricket-ground, recreation reserve, park or permanent common or for any other public purpose;

(a)	by the meridian of Greenwich and by the meridians that are at a distance from that meridian of one minute, or a multiple of one minute, of longitude; and
(b)	by the equator and by parallels of latitude that are at a distance from the equator of one minute, or a multiple of one minute, of latitude,

(c)	by portions of two of those meridians that are at a distance from each other of one minute of longitude; and
(d)	by portions of two of those parallels of latitude that are at a distance from each other of one minute of latitude.

(b)	the cancellation under section 27 (3), 31 (2), 32 (2) or 34 (3) of an invitation to tender for the grant of an exploration permit, or a notice of intention to invite tenders or an application for the grant of a coal lease, or an invitation to tender for the grant of a coal lease, or an invitation to apply for the grant of a coal lease;
(c)	the grant of, or the refusal of an application for the grant of, an authorisation, or the withdrawal of an application for the grant of an authorisation;
(d)	the withdrawal or refusal of an application for the grant of a coal lease;
(e)	the withdrawal of the only tender for the grant of a concession or, where there is more than one tender, of all of the tenders for the grant of a concession;
(f)	the refusal of the only tender, or of all of the tenders, for the grant of a concession;

(a)	with the consent of the person from whom the information was obtained;
(b)	in connection with the administration or execution of this Act;
(c)	for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings;
(d)	for the purposes of any investigation or inquiry conducted by the warden under this Act; or

(a)	that is bona fide in use as a garden or an orchard, or situated within fifty metres of any such land, without the consent of the occupier of the land so in use and, in the case of private lands, of the owner of the lands;
(b)	that is situated within two hundred metres of a dwelling-house that is the principal residence of its occupier, without the consent of that occupier and, in the case of a dwelling-house on private lands, of the owner of the lands; or
(c)	on which there is any improvement (being a substantial building, dam, reservoir, contour bank or graded bank or water disposal area, for soil

(a)	notification of the withdrawal of the application is published in the Gazette pursuant to section 17;
(b)	notification of the refusal of the application is published in the Gazette pursuant to section 17; or

(a)	he affords to the registered holder of the authorisa tion a reasonable opportunity to submit written representations to him concerning the proposed cancellation of the authorisation, and considers any representations so made; and
(b)	he is satisfied that it is reasonable to do so having regard to the circumstances of the case, including any other remedy that may be available to the owner of the coal by reason of the failure of the registered holder of the authorisation to comply with the conditions concerned.

notwithstanding that the registered holder has been convicted	authorisation has not complied with a provision of this Act
of an offence for failing to comply with that provision.
(12) The cancellation of an authorisation does not affect any liability of the person who was the registered holder of the authorisation incurred before the cancellation has effect.

(a)	describe the land comprised in the block or blocks to which it relates;
(b)	be published in the Gazette, in a newspaper circulating generally in the State and in one or more than one newspaper circulating in the district in which the area of land comprised in the block or blocks concerned is situated; and
(c)	specify the period within which a tender may be lodged.

(b)	particulars of the technical advice available to the tenderer for the permit;
(c)	particulars of the programme of work proposed to be carried out in the land comprised in the block or blocks over which the permit is sought; and
(d)	particulars of the estimated amount of money which it is proposed to expend on prospecting.

person intending to apply, under section 30 for the grant of a	coal lease wholly or partly over private lands, or Crown lands
held under a Crown lease for pastoral purposes or a special lease for pastoral purposes, shall either before, or within seven days after, lodging his application under that section, serve on every owner or occupier of such lands a notice—

(b)	containing a plan of the area of land over which the lease is, or is to be, sought, and a description sufficient to lead to the ready identification of that area.
(2 )	Where—
(a)	an application under section 30 does not, or a proposed application under that section will not, relate to the surface of any private lands, or to the surface of any Crown lands held under a Crown lease for pastoral purposes or a special lease for pastoral purposes; and
(b)	there are ten or more persons, each of whom is an owner or an occupier of land to which the application relates, or will relate,

(c)	stating that an application for the grant of a coal lease has been, or will be, lodged, as the case may be; and
(d)	containing a plan of the area of land over which the lease is, or is to be, sought, and a description sufficient to lead to the ready identification of that area.

(b)	be accompanied by a plan of the area of land over which the lease is sought, drawn in such manner and showing such particulars as may be prescribed;
(c)	if any part of that area includes private lands or Crown lands held under a Crown lease for pastoral purposes or a special lease for pastoral purposes, be accompanied by an instrument in writing, verified by statutory declaration under the hand of the applicant for the lease, or his agent, identifying any such part and the owner and any occupier thereof;
(d)	be accompanied by a copy of every notice sent to an owner or occupier of land pursuant to section 29 (1) before the application was lodged or, if a notice was published pursuant to section 29 (2) before the application was lodged, by a copy of that notice; and
(e)	be in respect of an area of land (to which the exploration permit concerned relates) comprising not more than twelve blocks which together form a rectangle of which one side comprises three adjoining blocks.

or more than one newspaper, circulating in the district in	paper circulating generally in the State and in one newspaper,
which is situated the area of land over which the lease is sought, a notice—

(a)	stating that an application for the grant of a coal lease has been lodged; and
(b)	containing a plan of that area, and a description thereof sufficient to lead to its ready identification,

(d)	describing the land comprised in the block of blocks concerned; and
(e)	naming a place or places where a plan of the land comprised in the block or blocks concerned is avail able for inspection at such hours as are specified in the notice.

(a)	an exploration permit is cancelled or otherwise ceases to have effect as to the land comprised in a block or blocks and that land is not the subject of pending application for a coal lease; or
(b)	the Minister is of opinion that the granting of an exploration permit over land comprised in a block or blocks, not previously subject to an exploration permit, is unnecessary by reason of previous testing by way of drilling, tunnelling, shaft sinking or other wise of that land or for any other reason he considers sufficient,

(a)	an amount that the tenderer will pay in consideration of the grant of a coal lease over the land comprised in the block or blocks to which the tender relates;
(b)	a rate of royalty additional to the rate referred to in section 77 (1) (b) that the tenderer will pay in consideration of the grant of a coal lease, whether or not the coal in the land comprised in the block or blocks to which the tender relates is reserved to the Crown and whether or not any of that coal not so reserved is owned by the tenderer; or

(a)	whether or not the amount offered to be paid (other wise than by way of royalty), including the amount of any cash reserve price, will be paid by way of instalments; and
(b)	if that amount is to be paid by instalments, the period, not exceeding five years, during which the instalments will be paid.

including the date of the direction, that part shall be so	excluded from the application or the tender and, from and
excluded and the application or the tender shall relate only to the remaining part of that area.
(2 ) A copy of a direction given by the Minister under subsection (1) shall be served on the applicant, or on every tendered, for the grant of the concession, as the case may be.

becomes subject to the exploration permit—
(c)	if the claim, the authority, the authorisation or the concession ceases to have effect; and
(d)	when it does so, the land is not subject to a pending application under the Mining Act, 1973, for a prospecting licence, a mining lease or a mining purposes lease, or to a pending application under this Act for a coal lease, or, if it is then subject to such a pending application, the application is refused.

(a)	where one tender only is lodged under section 33, grant to the tenderer a coal lease on such conditions as the Governor may determine, or refuse the tender; or
(b)	where more than one tender is lodged under section 33, grant to a tenderer a coal lease on such conditions as the Governor may determine and refuse the other tenders, or refuse all of the tenders.

(b)	alter the rent payable under the lease; or
(c)	amend any condition in the lease relating to expendi ture or required to be amended by reason of the survey.

(a)	pursuant to an invitation under this Act to tender for the permit or tender or apply for the lease; or
(b)	to the person lodging the highest tender or to any tenderer.

(a)	in the case of an exploration permit, the period ending on the date specified by the Minister; or
(b)	in the case of a coal lease, the period ending on the date specified by the Governor,

(a)	subject to subsection (3), be renewed in the name of the person, or the names of the persons, applying for its renewal; or
(b)	be renewed in the name of the person or the names of the persons applying for its renewal and in the name of any other registered holder of the conces sion not so applying, who wishes the concession to be renewed in his name.