Mining Act 1992 (NSW)

Mining and Petroleum Legislation Amendment Act 2022 No 21 (amended by Statute Law (Miscellaneous Provisions) Act (No 2) 2022 No 59), Sch 1[10], to the extent it inserts sec 13C(3C), [28] [35] [36] [48] [49] [51]–[53] [55]–[59] [68]–[71] [77] [79] [122] [123], to the extent it inserts sec 292Y(3)(a) and (d), [153] [154], to the extent it inserts Sch 1A, cl 3A(2), [156] [158] [159] [178], to the extent it inserts Sch 6, Part 27, cll 183, 185, 188, 191 and 195, and [184] (not commenced)

whole Act: Am 1994 No 95, Sch 1 (“warden’s court” and “wardens’ courts” omitted wherever occurring, “Warden’s Court” and “Wardens’ Courts” inserted instead, respectively); 2014 No 53, Sch 3 [1] (“Director-General” omitted wherever occurring, “Secretary” inserted instead); 2015 No 43, Sch 4.7 (“Work Health and Safety (Mines) Act 2013” omitted wherever occurring, “Work Health and Safety (Mines and Petroleum Sites) Act 2013” inserted instead); 2022 No 21, Sch 1[1] (“Director of Planning” omitted wherever occurring, “Planning Secretary” inserted instead).

whole Act (except sch 6): Am 2017 No 27, Sch 1 [1] (“mining purposes”, “a mining purpose”, “particular mining purpose”, “the mining purpose”, “any mining purpose” and “specified mining purpose” omitted wherever occurring, “ancillary mining activities”, “an ancillary mining activity”, “particular ancillary mining activity”, “the ancillary mining activity”, “any ancillary mining activity” and “specified ancillary mining activity” inserted instead, respectively).

An Act to make provision with respect to prospecting for and mining minerals; to repeal the Mining Act 1973 and the Coal Mining Act 1973; and for other purposes.

This Act may be cited as the Mining Act 1992.

This Act commences on a day or days to be appointed by proclamation.

This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.

The objects of this Act are to encourage and facilitate the discovery and development of mineral resources in New South Wales, having regard to the need to encourage ecologically sustainable development, and in particular—

• (a)

  to recognise and foster the significant social and economic benefits to New South Wales that result from the efficient development of mineral resources, and

• (b)

  to provide an integrated framework for the effective regulation of authorisations for prospecting and mining operations, and

• (c)

  to provide a framework for compensation to landholders for loss or damage resulting from such operations, and

• (d)

  to ensure an appropriate return to the State from mineral resources, and

• (e)

  to require the payment of security to provide for the rehabilitation of mine sites, and

• (f)

  to ensure effective rehabilitation of disturbed land and water, and

• (g)

  to ensure mineral resources are identified and developed in ways that minimise impacts on the environment.

s 3A: Ins 2008 No 19, Sch 1 [1].

Expressions used in this Act that are defined…