Mineral Resources Development Amendment Act 2001 (TAS)

Mineral Resources Development Amendment Act 2001

An Act to amend the Mineral Resources Development Act 1995

[Royal Assent 30 October 2001]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Mineral Resources Development Amendment Act 2001 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Mineral Resources Development Act 1995 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3 of the Principal Act is amended as follows: (a) by inserting the following definition before the definition of approved : Agency means – (a) in relation to Tasmania, Agency as defined in the State Service Act 2000 ; or (b) in relation to the Commonwealth, a department, authority or agency of the Commonwealth government; (b) by omitting the definition of Category 1 mineral and substituting the following definition: Category 1 mineral means any – (a) metallic mineral; and (b) atomic substance; (c) by inserting the following definitions after the definition of Category 4 mineral : Category 5 mineral means any – (a) industrial mineral; and (b) prescribed precious stone; and (c) prescribed semi-precious stone; Category 6 mineral means any geothermal substance; (d) by omitting the definition of earth ; (e) by inserting the following definition after the definition of fossil : gas means any naturally occurring hydrogen, hydrogen sulphide, nitrogen, helium or carbon dioxide; (f) by omitting "water;" from paragraph (d) of the definition of mineral and substituting "water; or"; (g) by inserting the following paragraph after paragraph (d) in the definition of mineral : (e) any mineral produced as a by-product of a mining operation and stored as a waste product on a lease area and not sold or otherwise disposed of to another person; (h) by omitting "or earth" from the definition of mining product ; (i) by inserting the following definition after the definition of owner : person includes an Agency; (j) by omitting paragraph (b) from the definition of petroleum and substituting the following paragraph: (b) mixture of one or more such hydrocarbons and gas; (k) by inserting the following definition after the definition of security deposit : sell includes – (a) offer or agree to sell; and (b) keep or have in possession for sale; and (c) dispose of; and (d) barter or exchange; and (e) transfer; and (f) expose for sale; and (g) send, deliver or receive for sale; and (h) cause or permit to be sold; (l) by inserting the following paragraph after paragraph (f) in the definition of stone : (fa) limestone and dolomite used for agricultural purposes; and 5Section 5 amended (Application of Act) Section 5 of the Principal Act is amended by inserting after subsection (8) the following subsection: (9)  This Act applies to reserved land within the meaning of the National Parks and Wildlife Act 1970 . 6Section 11 amended (Application for exploration licence) Section 11 of the Principal Act is amended as follows: (a) by omitting from subsection (4) "at least 2 months after that area is no longer subject to that previous licence" and substituting "a date specified by the Director that is at least 2 months after that area is no longer subject to that previous licence"; (b) by omitting from subsection (5) " section 20 in respect of the relevant category of" and substituting "section 21(1) in respect of the relevant". 7Section 12 amended (Priority of applications) Section 12 of the Principal Act is amended as follows: (a) by inserting the following subsection after subsection (1) : (1A)  Applications received up to and including 4 working days after the date specified in section 11(4) have equal priority and are to be determined without reference to any other application. (b) by inserting the following subsection after subsection (3) : (4)  The Registrar is to reject any application received later than 3 months after receipt of another application determined to have priority. 8Section 21 amended (Area of land comprised in exploration licence) Section 21(1)(a) of the Principal Act is amended by omitting "and 2" and substituting ", 2, 5 and 6". 9Section 23 amended (Authority of exploration licence) Section 23 of the Principal Act is amended as follows: (a) by omitting from subsection (1)(a) "of the category"; (b) by inserting the following subsection after subsection (3) : (4)  A person must not sell any mineral recovered during exploration without the approval of the Director.

Penalty:  Fine not exceeding 500 penalty units or revocation of the licence, or both.

10Section 25 amended (Extension of term of licence) Section 25(6) of the Principal Act is amended by inserting "within 28 days after receipt of a notice under subsection (5)(b)" after "application". 11Section 43 amended (Authority of special exploration licence) Section 43 of the Principal Act is amended by omitting "a specified category of" and substituting "specified". 12Section 45 amended (Area of land comprised in special exploration licence) Section 45(1)(a) of the Principal Act is amended by omitting " section 20 (1) in respect of the relevant category of" and substituting "section 21(1) in respect of the relevant". 13Section 58 amended (Authority of retention licence) Section 58 of the Principal Act is amended as follows: (a) by inserting in subsection (1)(a)(i) "exploration" after "geochemical"; (b) by inserting the following subsection after subsection (3) : (4)  A person must not sell any mineral recovered whilst carrying out authorised activities without the approval of the Director.

Penalty:  Fine not exceeding 500 penalty units or revocation of the licence, or both.

14Sections 60A , 60B and 60C insertedAfter section 60 of the Principal Act , the following sections are inserted in Division 2: 60AAnnual report and return (1)  A licensee is to submit to the Director an annual report – (a) at least one month before the anniversary of the date on which the licence was granted; or (b) on any other date the Director determines. (2)  The annual report is to – (a) be in an approved form; and (b) be accompanied by a statutory declaration as to its accuracy; and (c) specify the amounts expended in respect of any exploration carried out during the preceding 12 months; and (d) contain a summary of the matters specified in section 187(2) ; and (e) give details of any proposed work; and (f) contain any other matter relating to the licence the Director requires. (3)  A licensee is to submit to the Director any return the Director requires at any time the Director directs. 60BDuties under retention licence (1)  A licensee is to carry out any exploration efficiently and effectively. (2)  A licensee is to carry out any exploration and rehabilitation of land consistently with the standards specified in any relevant Code of practice. 60CExploration without licence A person who is not a licensee must not explore for the minerals to which any retention licence relates in the licence area without the written consent of the licensee.

Penalty:  Fine not exceeding 100 penalty units.

15Section 61 amended (Variation of retention licence) Section 61 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "or category of minerals from the minerals or category of minerals to which the licence relates" and substituting "from the licence"; (b) by omitting paragraph (b) from subsection (2) and substituting the following paragraph: (b) adding or removing a mineral from the licence. (c) by omitting paragraph (c) from subsection (3) and substituting the following paragraph: (c) removing a mineral from the licence. 16Section 64 amended (Extension of term of retention licence) Section 64(5) of the Principal Act is amended by inserting "within 28 days after receipt of a notice under subsection (4)(b)" after "application". 17Section 68 amended (Notice to apply for mining lease) Section 68(4) of the Principal Act is amended by inserting "or fails to fulfil the requirements of section 75(3) within 6 months after making an application for a lease or within any other time the Minister determines" after "period". 18Section 69 amended (Mining without lease prohibited) Section 69(b) of the Principal Act is amended by inserting "and mining is carried out under section 7 " after "private land". 19Section 70 amended (Applications for mining lease) Section 70 of the Principal Act is amended by omitting subsection (4) and substituting the following subsection: (4)  A person may not apply for a lease in relation to an area of land comprised in a previous exploration licence or previous retention licence in respect of minerals specified in that licence until a date specified by the Director that is at least 2 months after that area is no longer subject to that previous licence. 20Section 74 substituted Section 74 of the Principal Act is repealed and the following section is substituted: 74Priority of applications for leases (1)  If more than one application is received for a lease in respect of all or part of the same land, the order of priority is as follows: (a) an application by a person who marks out the land before any other person has priority over an application by that other person; (b) for applications where marking out is done on the same day, the order of priority is as determined by the Director according to the relative merits of the applications; (c) for applications where marking out is done on the same day and which are determined by the Director to be of equal merit, the order of priority is as determined by a ballot conducted in an approved manner; (d) applications received up to and including 4 working days after the date specified under section 70(4) have equal priority and are to be determined without reference to any other application. (2)  The Registrar is to reject any application received later than 3 months after receipt of an application determined to have priority. 21Section 75 amended (Recommendation of application for mining lease) Section 75 of the Principal Act is amended by inserting after subsection (2) the following subsections: (2A)  If the Director intends to recommend to the Minister that the application be granted, the Director is to provide the applicant with a copy of the proposed lease. (2B)  The applicant, within 14 days after receiving a copy of the proposed lease, may make submissions to the Minister in relation to the proposed terms and conditions of that lease. 22Section 83 amended (Area of land comprised in mining lease) Section 83(3) of the Principal Act is amended by omitting paragraph (b) and substituting the following paragraph: (b) is the subject of an application for a mineral tenement for the mineral to which the application relates. 23Section 84 amended (Authority of mining lease) Section 84(1) of the Principal Act is amended as follows: (a) by omitting from paragraph (a) "of a category"; (b) by omitting from paragraph (b) "land." and substituting "land; and"; (c) by inserting the following paragraph after paragraph (b) : (c) to enter on, or carry out mining operations on, private land within the mining lease if a compensation agreement is in force with the owner or occupier of that land. 24Section 97 amended (Granting of application for renewal) Section 97(4) of the Principal Act is amended by inserting "within 28 days after receipt of a notice under subsection (3)(b)" after "application". 25Section 101 amended (Rent) Section 101 of the Principal Act is amended by inserting after subsection (2) the following subsections: (3)  Annual rent falls due on 1 July each year. (4)  If the lessee fails to pay the annual rent by 1 January in the following year, the Registrar is to cancel the lease and, by notice in writing, notify the lessee of the cancellation. (5)  A lessee may appeal to the Minister within 28 days after receipt of the notice of cancellation. (6)  The Minister may reinstate the lease if – (a) an appeal is made within the period specified in subsection (5) ; and (b) the Minister considers that reinstatement is warranted. 26Section 102 amended (Royalty) Section 102 of the Principal Act is amended as follows: (a) by omitting subsections (1) and (2) and substituting the following subsections: (1)  Subject to subsection (1B), a lessee must pay royalty at a prescribed rate in respect of a mineral sold under a lease. (1A)  Subject to subsection (1B), a licensee must pay royalty at a prescribed rate in respect of a mineral sold under a licence. (1B)  A lessee or a licensee must pay royalty calculated at a prescribed rate in respect of a mineral sold under a lease or licence for – (a) the years commencing 1 July 1996, 1 July 1997 and 1 July 1998; and (b) any year commencing on or after 1 July 1999. (1C)  The maximum rate of royalty payable under subsection (1B) is the prescribed maximum rate. (2)  Royalty is payable – (a) from the date on which any mineral recovered under a lease or a licence is sold; and (b) by the prescribed date and in respect of the prescribed period. (b) by inserting the following subsection after subsection (4) : (4A)  The Minister may waive all or part of any interest payable under subsection (4), vary that rate of interest or defer payment of all or part of that interest. (c) by omitting subsection (7) and substituting the following subsection: (7)  The Minister may waive all or part of royalty payable, vary the rate of royalty payable or defer payment of all or part of royalty payable in respect of any mineral recovered under a lease in respect of Crown land or private land if – (a) the mineral recovered vests in the Crown; and (b) the Minister is satisfied that the mineral is being used for a community purpose approved by the Minister. 27Section 102A insertedAfter section 102 of the Principal Act , the following section is inserted in Division 5: 102ARoyalty rebate (1)  The Minister, after consultation with the Treasurer, may grant a rebate on royalty payable subject to any conditions, and for any period, the Minister considers appropriate. (2)  A rebate on royalty payable is to be at a prescribed rate. 28Section 103 amended (Recovery and collection of royalty) Section 103 of the Principal Act is amended as follows: (a) by omitting from subsection (2) "3" and substituting "5"; (b) by omitting subsection (3) . 29Section 147 amended (Compensation for damage to improvements) Section 147(2)(a) of the Principal Act is amended by inserting ", the Forestry Act 1920 or the Living Marine Resources Management Act 1995 " after " Crown Lands Act 1976 ". 30Section 150 amended (Determination of compensation) Section 150 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection: (1)  If there is no compensation agreement, any person who is the owner or occupier of land, the Crown lessee or Crown licensee, the holder of a mineral tenement or an applicant for a mineral tenement may apply to the Mining Tribunal to determine the amount of compensation payable under this Part in regard to land in which that person has an estate or interest. 31Section 178 amended (Invalidated licence or lease) Section 178(2) of the Principal Act is amended by inserting "or until an application has been made under this section, whichever is the earlier" after "invalidated". 32Section 205 amended (Regulations) Section 205 of the Principal Act is amended by inserting after subsection (5) the following subsection: (6)  Regulations made for the purpose of section 102(1B) may take effect retrospectively. 33Schedule 2 amended (Savings and transitional provisions) Clause 5 of Schedule 2 to the Principal Act is amended by omitting " section 5 (3) " and substituting " section 5(4) ". 34OmissionsEach of the provisions of the Principal Act specified in Column 1 of Schedule 1 is amended by omitting "category of" on the number of occurrences specified in Column 2 of that Schedule . Schedule 1Omissions

Section 34

Column 1

Provision amended

Column 2

Number of occurrences

Section 11(2)(b)

1

Section 20(2)(b)(iii)

1

Section 21(3)(a)

1

Section 22(2)

1

Section 38(2)(b)

1

Section 45(1)(b)

2

Section 70(2)(b)

1

Section 83(3)(a)

1

[Second reading presentation speech made in:

House of Assembly on 30 AUGUST 2001

Legislative Council on 10 OCTOBER 2001]