Mining Amendment (Small-Scale Title Compensation) Regulation 2014 (NSW)

New South Wales

Mining Amendment (Small-Scale Title

Compensation) Regulation 2014

under the

Mining Act 1992

His Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Mining Act 1992.

ANTHONY ROBERTS, MP

Minister for Resources and Energy

Explanatory note
The objects of this Regulation are as follows:

(a)	to require notice given to a landholder of a proposed application for a mineral claim to include an information sheet prepared by the Secretary of the Department of Trade and Investment, Regional Infrastructure and Services (the Secretary),
(b)	to nominate the Secretary as the collection agency for the purposes of collecting standard compensation on behalf of a landholder from an applicant for a small-scale title (an applicant),
(c)	to provide that the functions of the collection agency may be delegated to Service NSW,
(d)	to require standard compensation to be paid to the collection agency in cash or any other manner approved by the collection agency,
(e)	to require any such compensation collected on behalf of a landholder to be paid to the landholder as reasonably directed by the landholder,
(f)	to require information to be served on a landholder by an applicant to be served by post,
(g)	to set out the matters that the Secretary can rely on as evidence that certain steps have been taken in relation to compensation payable to a landholder by an applicant,
(h)	to update terminology as a consequence of the enactment of the Government Sector Employment Act 2013.

This Regulation is made under the Mining Act 1992, including sections 266 and 388 (the general regulation-making power).

Mining Amendment (Small-Scale Title Compensation)

Regulation 2014

under the

Mining Act 1992

1      Name of Regulation

This Regulation is the Mining Amendment (Small-Scale Title Compensation)
Regulation 2014.

2      Commencement

This Regulation commences on 1 January 2015 and is required to be published on the
NSW legislation website.

Schedule 1 Amendment of Mining Regulation 2010

[1]      The whole Regulation

Omit “Director-General” wherever occurring. Insert instead “Secretary”.

[2]      Clause 39 Notice of intention to apply for mineral claim

Insert after clause 39 (2):

(3)

The notice of the proposed application for a mineral claim that is served on a landholder under section 177 of the Act must include a copy of an information sheet (if any) that:

(a)	outlines a landholder’s right to object to the application, and
(b)	has been prepared by the Secretary and made available to proposed applicants for the purposes of this subclause.

[3]      Clause 74A

Insert after clause 74:

74A Compensation arising under small-scale title

(1)

The Secretary is nominated as the collection agency for the purposes of
section 266 of the Act.

(2)

All the functions of the collection agency may be delegated by the collection
agency to Service NSW as customer service functions.

(3)

Standard compensation is to be paid to the collection agency in cash or in any
other manner that is approved by the collection agency.

(4)

The collection agency must pay standard compensation collected on behalf of
a landholder to the landholder as reasonably directed by the landholder.

(5)

The notice under section 266 (4) (b) of the Act must be sent by mail to the
landholder.

(6)

The Secretary may rely on such evidence as the Secretary sees fit to be satisfied of a matter under section 266 (4) of the Act. However, the following evidence is taken to be sufficient for the purposes of that subsection:

(a)	for evidence that an applicant for a small-scale title and a landholder have entered into a compensation agreement—a document signed by the landholder that identifies the small-scale title and makes it clear that an agreement has been entered into which excludes the need to pay standard compensation,
(b)	for evidence that a notice has been sent in the mail to a landholder—a delivery receipt (such as a registered post receipt or a receipt from a courier) showing delivery to the landholder or to the postal address of the landholder.