Mining Act 1992 Mining (General) Amendment Regulation 2002 (2002-55) [GG No 38 of 8.2.2002, p 734] (NSW)

2002 No 55

Mining (General) Amendment New South Wales

Regulation 2002

under the

Mining Act 1992

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Mining Act 1992.

The Hon EDWARD OBEID, M.L.C.,

Minister for Mineral Resources

Explanatory note
The object of this Regulation is to amend the Mining (General) Regulation 1997:

(a)	to increase penalties currently prescribed for offences that may be dealt with by penalty notice, and
(b)	to prescribe certain matters for the purposes of section 390 of the Mining Act 1992, and
(c)	to prescribe a requirement for the lodgment of security deposits for opal prospecting licences, and
(d)	to revise the definition of “mining purposes” in the Regulation, and
(e)	to vary the quantity of minerals that may lawfully be taken in the course of fossicking and to require fossickers to replace material that has been disturbed in the course of fossicking.

This Regulation is made under the Mining Act 1992, including section 388 and Schedule 4 (the general power to make regulations) and sections 12, 13, 228, 248, 375A, 382 and 390.

Published in Gazette No 38 of 8 February 2002, page 734	Page 1
[12]
2002 No 55
Clause 1	Mining (General) Amendment Regulation 2002

Mining (General) Amendment Regulation 2002

1. Name of Regulation

   This Regulation is the Mining (General) Amendment Regulation 2002.

2. Amendment of Mining (General) Regulation 1997

   The Mining (General) Regulation 1997 is amended as set out in
   Schedule 1.

2002 No 55

Mining (General) Amendment Regulation 2002

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 2)

1. Clause 6 Meaning of “mining purpose”

   Omit clause 6 (a) (vii).

2. Clause 6 (f)

   Insert at the end of clause 6 (e):

(f)

the construction, maintenance and use (in or in connection with mining operations) of any drillhole or shaft for:

(i)	drainage of gas, or
(ii)	drainage or conveyance of water, or
(iii)	ventilation, or
(iv)	conveyance of electricity, or
(v)	conveyance of materials, or
(vi)	communications, or
(vii)	emergency access to underground workings.

1. Clause 10 Fossicking: section 12

   Omit clause 10 (1) (b).

2. Clause 10 (1) (d)

   Omit the paragraph. Insert instead:

(d) in the course of fossicking for minerals, remove more

than:

(i)	25 kilograms of minerals (other than gold or gemstones), or
(ii)	50 grams of gold (except where found as nuggets of 10 grams or greater), or
(iii)	100 grams of gemstones

during any single period of 48 hours.

2002 No 55

Mining (General) Amendment Regulation 2002

Schedule 1 Amendments

1. Clause 10 (1) (e)

   Insert at the end of clause 10 (1) (d):

   , or

(e) fail to replace any soil, rock or other material that has been disturbed in the course of fossicking for minerals.

1. Clause 10 (1)

   Omit “10 penalty units”. Insert instead “50 penalty units”.

2. Clause 10 (2)

   Omit “Group 3,”.

3. Clause 11 Applications: section 13

   Insert after clause 11 (2):

   (3) The requirements of this clause that an application be accompanied by a standard map or diagram are satisfied if the map or diagram (accompanied by particulars of the application to which it relates) is lodged, in the same manner as an application is lodged under clause 44, so as to be received by the Director-General, or other person nominated by the Director-General as referred to in clause 44 (2), within 10 working days after lodgment of the application.

4. Clauses 21 (3), 22 (8) and 31 (3)

   Omit “5 penalty units” wherever occurring. Insert instead “20 penalty units”.

[10]    Clause 25 Power of mining registrar in relation to applications: section 190

Omit clause 25 (1) (a) (ii). Insert instead:

(ii)        in the form of a security instrument of a kind approved by the Minister, being an instrument issued by an authorised deposit-taking institution, or

2002 No 55

Mining (General) Amendment Regulation 2002

Amendments Schedule 1

1. Clause 34B

   Insert after clause 34A:

34B Securities to be lodged: section 228

For the purposes of section 228 (4) of the Act, the security to be lodged with the mining registrar:

(a)

must be:

(i)	in the form of cash, or
(ii)	in the form of a security instrument of a kind approved by the Minister, being an instrument issued by an authorised deposit-taking institution, or
(iii)	in such other form as the Director-General may approve, and

(b)

must be of such amount as the Director-General may determine.

1. Clause 40 Returns: section 289

Omit “Maximum penalty: 10 penalty units.” from clause 40 (2).
Insert instead:

Maximum penalty:

(a)	100 penalty units, in the case of an offence committed by a corporation, or
(b)	50 penalty units, in the case of an offence committed by an individual.

1. Clause 46 Mining statistics, returns

Omit “Maximum penalty (subclause (4)): 10 penalty units.” from clause
46 (4).
Insert instead:

Maximum penalty (subclause (4)):

(a)	100 penalty units, in the case of an offence committed by a corporation, or
(b)	50 penalty units, in the case of an offence committed by an individual.

2002 No 55

Mining (General) Amendment Regulation 2002

Schedule 1 Amendments

1. Clause 49 Penalty notices for contraventions of conditions of mining title: section 375A

   Omit clause 49 (1). Insert instead:

(1)

For the purposes of section 375A (2) of the Act, the prescribed penalty for an offence under section 374A of the Act that consists of a contravention of or failure to comply with a condition described in Column 2 of Schedule 7 in respect of a mining title referred to in Column 1 of that Schedule is:

(a)	in the case of a penalty payable by an individual, the penalty specified in Column 4 of that Schedule opposite the description of the condition, and
(b)	in the case of a penalty payable by a corporation, the penalty specified in Column 5 of that Schedule opposite the description of the condition.

1. Clause 49 (2)

Omit “Columns 1 and 2 of Schedule 7”. to in Column 1 of that Schedule”.

1. Clause 49A

   Insert after clause 49:

49A References to officers in mining titles

Pursuant to section 390 of the Act, a reference in any authority, mineral claim or opal prospecting licence to any of the following officers is, for the purpose of the performance of a function involving rehabilitation or environmental requirements, taken to be a reference to the Minister:

Chief Inspector of Mines,
Chief Inspector of Coal Mines,
Senior Inspector of Mines,
Regional Inspector of Mines,
District Inspector of Mines,
Mining Occupations Officer,

2002 No 55

Mining (General) Amendment Regulation 2002

Amendments Schedule 1

Regional Mining Officer,
Mine Safety Officer,
Regional Mining Engineer,
Mining Registrar,
Opal Field Management Officer.

1. Schedule 6 Forms

   Omit the following matter from Form 1A:

(a)	the power to enter premises occupied by the holder of an authority or a mineral claim,
(b)	the power to inspect, and take extracts from, any documents that are found on those premises and that appear to the royalty officer to relate to minerals recovered under the authority or mineral claim,

Insert instead:

(a)

the power to enter:

(i)	any premises occupied by the holder of an authority or mineral claim, or
(ii)	any premises where the royalty officer reasonably believes documents, of the kind referred to in paragraph (b), of or relating to the holder are kept,

(b)

the power to inspect, and take extracts or copies from, any documents that are found on those premises and that appear to the royalty officer to relate to minerals recovered under the authority or mineral claim,

2002 No 55

Mining (General) Amendment Regulation 2002

Schedule 1 Amendments

1. Schedule 7

   Omit the Schedule. Insert instead:

Schedule 7 Penalty notice offences (Clause 49)

Column 1	Column 2	Column 3	Column 4	Column 5
Type of	Nature of	Short	Penalty for	Penalty for
mining	condition	description of	individual’s	corporation’s
title	contravention	contravention	contravention
or failure to	or failure to	or failure to
comply	comply	comply
Mineral	Requirement	Not maintain	$550	$550
claim	to maintain	area marks
marks defining area of claim
Mineral	Prohibition on	Keep more than	$550	$550
claim	keeping more	one dog on
than one dog	claim
on claim
Mineral	Requirement	Not comply with	$2,200	$2,200
claim	to comply	direction of
with direction	Registrar/
given by	Inspector/Officer
Mining Registrar, Inspector of Mines, Mine Safety Officer or Environment- al Officer

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Mining (General) Amendment Regulation 2002

Amendments Schedule 1

Column 1	Column 2	Column 3	Column 4	Column 5
Type of	Nature of	Short	Penalty for	Penalty for
mining	condition	description of	individual’s	corporation’s
title	contravention	contravention	contravention
or failure to	or failure to	or failure to
comply	comply	comply
Mineral	Requirement	Disposal not in	$2,200	$2,200
claim	to dispose of	accordance with
soil, rock and	plan/direction
tailings in accordance with Opal Field
Management Plan or as directed
Mineral	Requirement	Claim not clean/	$2,200	$2,200
claim	to maintain	tidy
claim in clean and tidy condition
Mineral	Prohibition on	Unauthorised	$5,500	$5,500
claim	erection of	structure
unauthorised structures
Mineral	Requirement	Unsafe	$5,500	$5,500
claim	to ensure	operations
operations are conducted so as to provide safety to
persons and stock
Mineral	Requirement	Unsafe shaft/	$5,500	$5,500
claim	to fill in or	excavation
make safe shafts and excavations
Exploration	Requirement	Not report	$2,750	$5,500
licence or	to lodge	exploration
assessment	report of
lease	exploration activity

2002 No 55

Mining (General) Amendment Regulation 2002

Schedule 1 Amendments

Column 1	Column 2	Column 3	Column 4	Column 5
Type of	Nature of	Short	Penalty for	Penalty for
mining	condition	description of	individual’s	corporation’s
title	contravention	contravention	contravention
or failure to	or failure to	or failure to
comply	comply	comply
Exploration	Requirement	Site not clean/	$2,750	$5,500
licence or	to leave	tidy
assessment	exploration
lease	site in clean and tidy condition
Exploration	Requirement	Unsafe	$2,750	$5,500
licence or	to make safe	excavation
assessment	any drillholes
lease	or other excavations
Exploration	Requirement	Not comply with	$5,500	$5,500
licence or	to comply	direction of
assessment	with direction	Inspector/Officer
lease	given by Inspector or Environme- ntal Officer
Mining	Requirement	Not contain	$5,500	$5,500
lease	to prevent	slurry/silt
slurry or silt flowing outside lease boundary
Mining	Requirement	Not report	$2,750	$5,500
lease	to lodge report
Mining	Requirement	Not comply with	$5,500	$5,500
lease	to comply	direction of
with direction	Inspector/Officer
given by Inspector or Environme- ntal Officer
Mining	Prohibition on	Unauthorised	$5,500	$5,500
lease	erection of	structure
unauthorised structures

2002 No 55

Mining (General) Amendment Regulation 2002

Amendments Schedule 1

Column 1	Column 2	Column 3	Column 4	Column 5
Type of	Nature of	Short	Penalty for	Penalty for
mining	condition	description of	individual’s	corporation’s
title	contravention	contravention	contravention
or failure to	or failure to	or failure to
comply	comply	comply
Mining	Requirement	Unsafe	$5,500	$5,500
lease	to ensure	operations
operations are conducted so as to provide safety to
persons and stock
Mining	Requirement	Unsafe shaft/	$5,500	$5,500
lease	to fill in or	excavation
make safe shafts and excavations
Mining	Requirement	Area not clean/	$5,500	$5,500
lease	to maintain	tidy
lease area in clean and tidy condition
Mining	Requirement	Not mine in	$5,500	$5,500
lease	to mine in	accordance with
accordance	plan
with mining operations plan
BY AUTHORITY