Mining Amendment Regulation 2009 (NSW)

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2009 No 115

New South Wales

Mining Amendment Regulation 2009

under the

Mining Act 1992

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

IAN MACDONALD, MLC

Minister for Mineral Resources

Explanatory note
The object of this Regulation is to amend the Mining Regulation 2003 consequentially on amendments made to the Mining Act 1992 by the Courts and Crimes Legislation Further Amendment Act 2008 in respect of:

(a) the abolition of Wardens’ Courts, and
(b) the necessary qualifications of a person to whom objections to mining leases and proposed opal prospecting areas are referred.

This Regulation is made under the Mining Act 1992, including section 388 (the general regulation-making power) and clause 23B (1) of Schedule 1.

Published LW 3 April 2009 Page 1
2009 No 115
Clause 1 Mining Amendment Regulation 2009

Mining Amendment Regulation 2009

under the

Mining Act 1992

1      Name of Regulation

This Regulation is the Mining Amendment Regulation 2009.

2      Commencement

This Regulation takes effect on 7 April 2009 and is required to be published on the NSW legislation website.

2009 No 115

Mining Amendment Regulation 2009

Amendment of Mining Regulation 2003 Schedule 1
Schedule 1 Amendment of Mining Regulation 2003

[1]      Clauses 24 (4) (a) and 34 (4) (a)

Omit “a warden” wherever occurring.
Insert instead “the Land and Environment Court”.

[2]      Clause 36 Objections

Insert at the end of the clause:

(2) For the purposes of section 222 (4) of the Act, registration as a valuer under the Valuers Act 2003 is prescribed as a qualification.

[3]      Clause 57A

Insert after clause 57:

57A Qualification of persons to whom objections to significant
improvement claims are referred

For the purposes of clause 23B (1) of Schedule 1 to the Act, registration as a valuer under the Valuers Act 2003 is prescribed as a qualification.

[4]      Schedule 1 Forms

Omit “warden/” from Form 3.

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