Mining Act 1973 Regulation relating to prospecting licences, penalties and appliances (1990-504) [GG No 90 of 20.7.1990] (NSW)

1990 - NO. 504

MINING ACT 1973 - REGULATION

(Relating to prospecting licences, penalties and appliances)

NEW SOUTH WALES

[Published in Gazette No. 90 of 20 July 1990]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Mining Act 1973, has been to make the Regulation set forth hereunder.

NEIL PICKARD

Minister for Minerals and Energy.

Commencement

1. This Regulation commences on 1 August 1990.

Amendments

2. The Mining Regulations 1974 are amended:

(a)	by inserting in alphabetical order under the heading Group 2 Elemental Minerals (Non-Metallic) in regulation 4 the words "emerald," and "topaz,";
(b)	by omitting regulation 7 (1A) (b) and by inserting instead the following paragraph

(b) the prescribed period of time is from 9 a.m. to 4 p.m.

(c) by omitting from regulation 7 (2A) (b) (i) the matter "9.30 a.m. to 12 noon and from 1 p.m. to 3.30 p.m." and by inserting instead the matter "9 a.m. to 4 p.m.";

1990 - No. 504

(d) by omitting from regulations 12A (1) (a), 21 and 22 the words

"mining occupations officer'' wherever occurring and by

inserting instead the words ''regional mining officer";

(e) by omitting from regulations 12A (2), 20 (2), 21, 23, 44 (4) and 58 the matter "Penalty $200." wherever occurring and by inserting instead the matter "Maximum penalty $500.";

(f) by omitting from regulations 26, 27 (3) and 30 (1) the words "a prospecting licence," wherever occurring;

(g)	by omitting from regulation 27 (1) the words "Except in the case
of applications referred to in Regulation 27A, an" and by inserting instead the word "An";

(h) by omitting regulations 27A, 27B, 28 (a), 34A (1) (a), 38 (2), 49

and 50;

(i) by omitting from regulation 34B the words "prospecting

licence,";

(j) by omitting from regulation 36 (2) the matter "Penalty $300."
and by inserting instead the matter "Maximum penalty $500.";
(k) by omitting from regulation 38 (1) the words "Subject to
subregulation (2), the'' and by inserting instead the word "The";

(l) by omitting from regulation 54 the words "prospecting licence,";

(m) by inserting at the end of regulation 54 the following subregulation:

(2) If the applications concerned are lodged with different mining registrars at the same time, the ballot required by this Regulation is to be conducted by the Mining Registrar, Sydney.

(n) by omitting from regulation 58 the matter "27A,"; (o) by omitting from Schedule 1 the following matter:

On application for a prospecting licence:

(a) application fee ......................................................... 50.00

(b) plan preparation and marking out fee .................... 50.00

On application for renewal of a prospecting licence,

for each licence ............................................................... 25.00

EXPLANATORY NOTE

The object of this Regulation is to amend the Mining Regulations 1974 so as:

(a) to prescribe emerald and topaz as belonging to a group of minerals for the

purposes of the Mining Act 1973; and

1990 - NO. 504

(b) to remove references to prospecting licences as a consequence of the

enactment of the Mining (Amendment) Act 1990; and

(c) to extend the hours during which certain applications can be lodged; and

(d) to increase the maximum penalty for offences against the regulations to $500; and

(e) to convert out-of-date references and remove obsolete provisions.