Mining and Petroleum Legislation Amendment (Harmonisation) Act 2015 (NSW)
An Act to amend the Mining Act 1992 and Petroleum (Onshore) Act 1991 to make further provision with respect to prospecting for and mining minerals and petroleum, including by harmonising certain provisions of those Acts.
This Act is the Mining and Petroleum Legislation Amendment (Harmonisation) Act 2015.
This Act commences on a day or days to be appointed by proclamation.
The Mining Amendment Act 2008 is repealed.
Insert after section 13 (4):
Section 129A requires an application for an exploration licence to be accompanied by a proposed work program.
Omit the paragraph.
Insert at the end of section 15 (1):
Section 129A requires a tender for an exploration licence to be accompanied by a proposed work program.
Omit the paragraph.
Omit the section.
Omit the section.
Insert at the end of section 22 (1):
Schedule 1B contains provisions about the grant or refusal of an application for an exploration licence and the conditions to which an exploration licence is subject.
Omit the subsection.
Insert at the end of section 23 (2):
Schedule 1B contains provisions about the grant or refusal of an exploration licence to a tenderer.
Omit the subsection.
Insert after section 23:
An exploration licence is subject to a statutory condition that the holder of the licence must not carry out an assessable prospecting operation on land over which the licence is granted unless an activity approval has been obtained for the carrying out of the assessable prospecting operation in relation to that land and is in force.
The holder of an exploration licence may apply in writing to the decision-maker for approval to carry out an assessable prospecting operation in relation to any part of the land over which the licence is granted (an
The decision-maker may require the holder to provide such information as is required by the decision-maker, within the time specified by the decision-maker, before considering the application or at any time during consideration of the application.
After considering the application for the activity approval, the decision-maker:
(a) may grant the activity approval, or
(b) may refuse the application.
Without limiting the grounds for refusal, the application may be refused if the applicant fails to provide the information required by the decision-maker within the time required.
An activity approval may be granted subject to terms.
For the purposes of this Act, it is a statutory condition of an exploration licence that the holder must comply with any activity approval granted to the holder and in force.
Clauses 7 (2)–(4), 10 (2), 12 and 14 of Schedule 1B apply to and in respect of the imposition of terms on, and variation of the terms of, an activity approval in the same way as they apply to and in respect of the imposition of conditions on, and the variation of the conditions of, an authorisation.
The decision-maker may cancel an activity approval:
(a) if the holder of the activity approval lodges with the Secretary a request that the decision-maker cancel the activity approval, or
(b) if the decision-maker is satisfied that a person has contravened the activity approval (whether or not the person is prosecuted or convicted of any offence arising from the contravention).
Before cancelling an activity approval, otherwise than at the request of the holder of the activity approval, the decision-maker is to cause a written notice to be served on the holder of the activity approval that contains the following:
(a) notice that the activity approval is proposed to be cancelled,
(b) details of the grounds for the proposed cancellation,
(c) notice that the holder of the activity approval has a specified period (of at least 28 days) in which to make representations with respect to the proposed cancellation.
The decision-maker must not cancel an activity approval, otherwise than at the request of the holder of the activity approval, unless:
(a) the decision-maker has taken any such representations received from the holder of the activity approval into consideration, or
(b) the period specified in the notice has elapsed and no such representations have been received.
The decision-maker is to cause written notice of the cancellation of an activity approval to be given to the holder of the activity approval.
The cancellation takes effect on the date on which the written notice of the cancellation is given to the holder of the activity approval, or on a later date specified in the notice.
Any person who is aggrieved by the decision of the decision-maker to cancel an activity approval held by the person may appeal to the Land and Environment Court against the decision. Section 128 applies to such an appeal as if it were an appeal against a decision to cancel an authority.
The cancellation of an activity approval does not affect any liability incurred by the holder of the activity approval before the cancellation took effect.
Action may be taken under subsection (9) (b) whether or not any other action has been taken in respect of the activity approval under this Act.
Omit the section.
Omit “5 years” from section 27 (b) (ii). Insert instead “6 years”.
Insert at the end of the section:
Schedule 1B provides for an exploration licence to be varied after it is granted.
Insert after section 30 (2):
Clauses 12 and 14 of Schedule 1B apply to the variation or suspension of a condition of consent granted under this section in the same way as they apply to the variation or suspension of a condition of an authorisation.
Insert after section 33 (4):
Section 129A requires an application for an assessment lease to be accompanied by a proposed work program.
Omit the paragraph.
Omit the section.
Omit the section.
Insert at the end of section 41 (1):
Schedule 1B contains provisions about the grant or refusal of an application for an assessment lease and the conditions to which an assessment lease is subject.
Omit the subsection.
Omit the section.
Insert before section 45:
An assessment lease is subject to a statutory condition that the holder must not carry out an assessable prospecting operation on land over which the lease is granted unless an activity approval has been obtained for the carrying out of the assessable prospecting operation in relation to that land and is in force.
The holder of an assessment lease may apply in writing to the decision-maker for approval to carry out an assessable prospecting operation in relation to any part of the land over which the lease is granted (an
The decision-maker may require the holder to provide such information as is required by the decision-maker, within the time specified by the decision-maker, before considering the application or at any time during consideration of the application.
After considering the application for the activity approval, the decision-maker:
(a) may grant the activity approval, or
(b) may refuse the application.
Without limiting the grounds for refusal, the application may be refused if the applicant fails to provide the information required by the decision-maker within the time required.
An activity approval may be granted subject to terms.
For the purposes of this Act, it is a statutory condition of an assessment lease that the holder must comply with any activity approval granted to the holder and in force.
Clauses 7 (2)–(4), 10 (2), 12 and 14 of Schedule 1B apply to and in respect of the imposition of terms on, and variation of the terms of, an activity approval in the same way as they apply to and in respect of the imposition of conditions on, and the variation of the conditions of, an authorisation.
The decision-maker may cancel an activity approval:
(a) if the holder of the activity approval lodges with the Secretary a request that the decision-maker cancel the activity approval, or
(b) if the decision-maker is satisfied that a person has contravened the activity approval (whether or not the person is prosecuted or convicted of any offence arising from the contravention).
Before cancelling an activity approval, otherwise than at the request of the holder of the activity approval, the decision-maker is to cause a written notice to be served on the holder of the activity approval that contains the following:
(a) notice that the activity approval is proposed to be cancelled,
(b) details of the grounds for the proposed cancellation,
(c) notice that the holder of the activity approval has a specified period (of at least 28 days) in which to make representations with respect to the proposed cancellation.
The decision-maker must not cancel an activity approval, otherwise than at the request of the holder of the activity approval, unless:
(a) the decision-maker has taken any such representations received from the holder of the activity approval into consideration, or
(b) the period specified in the notice has elapsed and no such representations have been received.
The decision-maker is to cause written notice of the cancellation of an activity approval to be given to the holder of the activity approval.
The cancellation takes effect on the date on which the written notice of the cancellation is given to the holder of the activity approval, or on a later date specified in the notice.
Any person who is aggrieved by the decision of the decision-maker to cancel an activity approval held by the person may appeal to the Land and Environment Court against the decision. Section 128 applies to such an appeal as if it were an appeal against a decision to cancel an authority.
The cancellation of an activity approval does not affect any liability incurred by the holder of the activity approval before the cancellation took effect.
Action may be taken under subsection (9) (b) whether or not any other action has been taken in respect of the activity approval under this Act.
Omit “5 years” from section 45 (b) (ii). Insert instead “6 years”.
Insert at the end of the section:
Schedule 1B provides that an assessment lease may be varied after it is granted.
Insert after section 48 (2):
Clauses 12 and 14 of Schedule 1B apply to the variation or suspension of a condition of consent granted under this section in the same way as they apply to the variation or suspension of a condition of an authorisation.
Insert at the end of section 51 (4):
Section 129A requires an application for a mining lease to be accompanied by a proposed work program.
Omit the paragraph.
Insert at the end of section 53 (1):
Section 129A requires a tender for a mining lease to be accompanied by a proposed work program.
Omit the paragraph.
Omit the section.
Omit the section.
Insert at the end of section 63 (1):
Schedule 1B contains provisions about the grant or refusal of an application for a mining lease.
Omit the subsection.
Insert at the end of section 64 (1):
Schedule 1B contains provisions about the grant or refusal of a mining lease to a tenderer.
Omit the subsection.
Omit the section.
Omit the section.
Omit section 93 (4). Insert instead:
Despite clause 12 of Schedule 1B, a condition included in a proposed lease in accordance with a direction of the Premier may only be varied with the concurrence of the Premier.
Insert after section 113 (5):
An application for renewal of an exploration licence may include a description of any special circumstances that the applicant claims (for the purposes of section 114A) exist that justify the area of land over which the exploration licence is renewed exceeding half of the area over which the licence is in force when the application for renewal is made.
Omit section 114. Insert instead:
After considering an application for the renewal of an authority, the decision-maker:
(a) may renew the authority, or
(b) may refuse the application.
Schedule 1B contains provisions about the grant or refusal of an application to renew an authority and the grounds for refusal of such an application.
The period for which an authority is renewed may not on any one occasion exceed:
(a) in the case of an exploration licence or assessment lease—6 years, or
(b) in the case of a mining lease—21 years (or such longer period as the decision-maker may, with the concurrence of the Premier, determine).
The decision-maker is not bound to renew an authority over the area nominated by the applicant.
The area of land over which an authority is renewed may differ from the area of land over which the renewal of the authority is sought, but not so as to include any land that was not subject to the authority immediately before the renewal.
The decision-maker may defer dealing with an application for the renewal of a mining lease over any land if the mining lease is the subject of action being taken under Part 6 in connection with the granting of a consolidated mining lease over that land.
The area of land over which an exploration licence may be renewed is not to exceed half of the area over which the licence was in force when the application for renewal was made.
However, the decision-maker may grant a renewal over more than half of the area over which the licence was in force if:
(a) the applicant for renewal claims that special circumstances exist that justify doing so, and
(b) the decision-maker is satisfied that special circumstances exist that justify doing so.
Without limiting the considerations available to the decision-maker in determining whether special circumstances exist for the purposes of this section, the decision-maker may take into account any partial cancellation of the exploration licence on the request of the holder of the licence under section 126, and reduce the percentage of the area of land over which the renewal may not be granted.
The decision-maker may direct an applicant for renewal of an exploration licence, within the time specified in the direction, to nominate which part of the area of land is sought to be included in the new exploration licence, where the licence may not be renewed over the whole area of land.
The decision-maker may refuse to renew an exploration licence if such a direction is not complied with within the time specified in the direction (in addition to the other grounds for refusal in clause 6 of Schedule 1B).
The decision-maker is not bound to renew an exploration licence over the area nominated by the applicant in compliance with a direction under this section or otherwise.
Omit section 117 (2) and (3).
Omit section 118 (2).
Omit “to another person” from section 120 (1).
Insert after section 120 (2):
The holder of an authority must not apply for a transfer of the authority unless the holder has notified any person who has an interest in the authority that is registered under section 161 of the proposed application.
Insert at the end of section 121 (1):
Schedule 1B contains provisions about the grant or refusal of an application for approval of the transfer of an authority.
Omit the subsections.
Omit “regulations, and” from section 122 (2) (b). Insert instead “regulations.”.
Omit the paragraph.
Insert “, unless registration is prohibited by section 124” after “new authority”.
Omit the sections. Insert instead:
The decision-maker may cancel an authority as to the whole or any part of the land to which it relates:
(a) if the holder of the authority lodges with the Secretary a request that the decision-maker cancel the authority as to the whole or part of the land, or
(b) if the decision-maker is satisfied that the holder of the authority has contravened a provision of this Act or the regulations (whether or not the holder is prosecuted or convicted of any offence arising from the contravention), or
(c) if the decision-maker is satisfied that a person has contravened a condition of the authority (whether or not the person is prosecuted or convicted of any offence arising from the contravention), or
(d) if the decision-maker is satisfied that the holder of the authority provided false or misleading information in or in connection with an application for or with respect to the authority or any report provided under this Act, or
(e) if the decision-maker is satisfied that the holder of the authority has failed to comply with the requirements of any agreement or assessment under Part 13 in relation to the payment of compensation, or
(f) if the holder of the authority is convicted of any offence relating to mining or minerals, or
(g) if the decision-maker is satisfied that the holder of the authority has failed to use the land the subject of the authority in good faith for the purposes for which the authority has been granted, or has used the land for a purpose other than that for which the authority has been granted, or
(h) if the decision-maker is satisfied that there has been a contravention of a direction under section 240 or 240AA, or
(i) if the decision-maker is satisfied that the land is required for a public purpose.
A request lodged with the Secretary for the cancellation of an authority as to part only of the land to which it relates must be accompanied by a description, prepared in the manner prescribed by the regulations, of the land in respect of which the authority is to be cancelled.
Action may be taken under this section whether or not any other action has been taken in respect of the authority under this Act.
Before cancelling an authority, otherwise than at the request of the holder of the authority, the decision-maker is to cause a written notice to be served on the holder of the authority that contains the following:
(a) notice that the authority is proposed to be cancelled,
(b) details of the grounds for the proposed cancellation,
(c) notice that the holder of the authority has a specified period (of at least 28 days) in which to make representations with respect to the proposed cancellation.
The decision-maker must not cancel an authority, otherwise than at the request of the holder of the authority, unless:
(a) the decision-maker has taken any such representations received from the holder of the authority into consideration, or
(b) the period specified in the notice has elapsed and no such representations have been received.
The decision-maker is to cause written notice of the cancellation of an authority to be given to the holder of the authority.
The cancellation takes effect on the date on which the written notice of the cancellation is given to the holder of the authority, or on a later date specified in the notice.
The cancellation of an authority does not affect any liability incurred by the holder of the authority before the cancellation took effect.
Insert after section 128 (4):
This section does not apply to a cancellation that was requested by the holder of the authority.
Insert after section 129:
An application for an authority, and any tender, must be accompanied by a proposed work program that:
(a) indicates the nature and extent of operations to be carried out under the authority conferred by the relevant authority, and
(b) sets out commitments relating to the conduct of those operations (such as the timing of the operations), and
(c) provides for the carrying out of activities (such as community consultation and environmental management and rehabilitation) in connection with, or ancillary to, those operations, and
(d) complies with the regulations.
In the case of an application for a mining lease, the requirement in subsection (1) can be satisfied by providing a current development consent under the Environmental Planning and Assessment Act 1979 for the development (within the meaning of that Act) in respect of which the mining lease is being applied for.
Omit the section.
Omit the heading. Insert instead:
Omit section 163C. Insert instead:
The holder of an authorisation must prepare and lodge reports of all operations carried out under the authorisation.
Clause 7 (2) (g) of Schedule 1B provides that reports may also be required by the conditions of an authorisation.
The regulations may make provision for or with respect to the following:
(a) the content, form or lodgment of the reports,
(b) the exemption of any person, class of persons, authorisations or class of authorisations from a requirement of this section or the regulations under this section,
(c) prohibiting or regulating the disclosure of reports required to be lodged or made under this section or as a condition of an authorisation.
A person who fails, without reasonable excuse, to prepare or lodge a report in accordance with this section or the regulations is guilty of an offence.
Maximum penalty:
(a) in the case of a corporation—10,000 penalty units, and, in the case of a continuing offence, a further penalty of 1,000 penalty units for each day that the offence continues, or
(b) in the case of a natural person—2,000 penalty units, and, in the case of a continuing offence, a further penalty of 200 penalty units for each day that the offence continues.
If there is an inconsistency between a condition of an authorisation and a reporting requirement imposed under this section, the condition prevails to the extent of the inconsistency.
Any record required to be created and maintained under this Act, the regulations, a condition of an authorisation or a term of an activity approval must be kept in a legible form, or in a form that can readily be reduced to a legible form for production to any inspector.
The holder of an authorisation must retain any records required to be created and maintained under this Act, the regulations, a condition of an authorisation or a term of an activity approval in relation to the authorisation for not less than 4 years after the expiry or cancellation of the authorisation.
Any information received from or served or lodged by an agent duly appointed and notified in accordance with the regulations on behalf of any of the following persons is taken to have been received from or served or lodged by that person:
(a) the holder of an authorisation,
(b) an applicant or tenderer for an authorisation or an applicant for the renewal, transfer or cancellation of an authorisation,
(c) an applicant for an activity approval or for the cancellation of an activity approval,
(d) any person who owns or occupies land over which an authorisation is in force or to which an application for an authorisation relates.
The holder of an authorisation must collect any samples of strata, minerals, water or any other thing required by the regulations.
Those samples must be collected, labelled for reference or preserved in the manner required by the regulations.
Omit the section.
Omit the section.
Omit the section.
Omit section 190 (2).
Insert at the end of section 190 (6):
Schedule 1B makes provision about the grant or refusal of an application for a mineral claim and the conditions to which a mineral claim is subject.
Omit the section.
Omit section 198 (2) and (3).
Omit section 201 (2) and (3).
Insert at the end of section 203 (1) (h):
, or
if the Secretary reasonably considers that there has been a contravention of a direction under section 240 or 240AA.
Omit “section 203 (1) (b)–(e) or (h)” from section 204 (1).
Insert instead “section 203 (1) (b)–(f), (h) or (i)”.
Omit the section.
Omit the section.
Insert “, varied” after “renewed” in section 218A (1) (b).
Omit “program of work” from section 223A (2) (g). Insert instead “works”.
Omit section 228 (2).
Insert at the end of the section:
Schedule 1B applies to small-scale titles, including opal prospecting licences.
Insert at the end of section 233 (1) (e):
, or
if the Secretary reasonably considers that there has been a contravention of a direction under section 240 or 240AA.
Omit “section 233 (1) (b)–(d)” from section 234 (1).
Insert instead “section 233 (1) (b)–(d) or (f)”.
Insert at the end of section 235A (1) (c):
, and
the variation of any opal prospecting licence.
Omit the Divisions.
Omit “240A” from the definition of
Insert at the end of section 239E:
In this Division, a reference to giving a direction or notice to a responsible person includes, where the responsible person is a corporation that is subject to a scheme of arrangement, receivership, winding up or other external administration, a reference to giving a direction or notice to the administrator, receiver or liquidator of the corporation.
Insert “or any condition specified in the direction” after “the direction” in section 240 (2).
Insert after section 240 (2):
A direction served on a person under this Division may require the person to prepare, and submit to the Secretary or inspector, reports as to any of the following:
(a) the measures the person proposes to take for the purpose of complying with the direction,
(b) the progress made by the person in implementing any such measures.
Omit section 240A. Insert instead:
If the Secretary or an inspector reasonably suspects that a person who is not the holder of an authorisation is carrying out, or is about to carry out, any activity in contravention of a provision of this Act requiring an authorisation to be held when carrying out the activity, the Secretary or inspector may direct the person to discontinue that activity on the land specified in the notice.
The direction may be given orally, but must be confirmed by written notice (a
A prohibition notice must state:
(a) the reasons for the issue of the prohibition notice, and
(b) the activity concerned, and
(c) the provision of this Act that the Secretary or inspector believes is being, or is likely to be, contravened by that activity.
The Secretary may, by written notice (a
(a) circumstances exist that could constitute a ground for cancellation of the authorisation under section 125 (1) (b)–(g), 203 (1) (b)–(e) or (h) or 233 (1) (b)–(d), or
(b) circumstances exist that could constitute a ground for cancellation of the authorisation under section 125 (1) (h), 203 (1) (i) or 233 (1) (f), in relation to a breach of a direction under section 240 only, or
(c) on any other ground specified in the regulations.
Before giving a suspension notice, the Secretary is to:
(a) cause written notice of the proposed suspension notice and the grounds for it to be served on the holder of the authorisation, and
(b) give the holder a reasonable opportunity to make representations with respect to the proposed suspension notice, and
(c) take any such representations into consideration.
The suspension notice takes effect on the date on which it is given to the holder of the authorisation or on a later date specified in the notice.
The suspension of an authorisation does not affect any liability incurred by the holder of the authorisation before the suspension took effect.
The holder of an authorisation is not entitled to compensation merely because of the suspension of operations under the authorisation in accordance with a suspension notice.
If a suspension notice under this section is issued to a person who is not the current holder of the authorisation concerned, the Secretary must cause a copy of the notice to be served on any current holder within 5 days after the notice is issued.
A direction served on a person under this section may require the person to prepare, and submit to the Secretary or inspector, reports as to any of the following:
(a) the measures the person proposes to take for the purpose of complying with the direction,
(b) the progress made by the person in implementing any such measures.
Any costs or expenses incurred by the Crown under this section are a debt due to the Crown by the person on whom the direction was served and are recoverable in a court of competent jurisdiction.
Insert “or any condition specified in the direction” after “specifications” in section 240B (2).
Insert “or the period of suspension” after “the direction”.
Insert “or notice” after “direction” wherever occurring.
Omit “section 125” from the note to the section. Insert instead “section 126”.
Insert after section 240E (2):
A fee payable under this section is a debt due by the holder of the authorisation concerned to the Crown and is recoverable in a court of competent jurisdiction.
Insert after section 242:
A person who gives a direction under section 240 is not required to notify any person who may be affected by the direction before giving the direction.
Omit “section 246A” from section 242C (3) (a). Insert instead “section 246”.
Omit the definition of
Omit section 246P (7). Insert instead:
This section does not affect the operation of the following provisions of the Environmental Planning and Assessment Act 1979:
(a) section 89K (Approvals etc legislation that must be applied consistently),
(b) section 93 (Granting and modification of approval by approval body),
(c) section 115ZH (Approvals etc legislation that must be applied consistently).
Insert “or 240AA” after “section 240” in section 246V (3).
Omit the heading.
Omit “Division” from section 248L (1). Insert instead “Part”.
Omit “Division” from section 248M (1). Insert instead “Part”.
Omit “referred to in section 248K” from section 248N (1).
Insert instead “of this Act or the regulations”.
Insert after section 248N:
The powers in sections 248L, 248M and 248N may be exercised whether or not a power of entry under this Division is being or has been exercised.
Omit the section.
Omit the section. Insert instead:
A person is not guilty of an offence of failing to comply with a requirement under this Part to furnish records or information or to answer a question unless the person was warned on that occasion that a failure to comply is an offence.
A person is not excused from a requirement under this Part to furnish records or information or to answer a question on the ground that the record, information or answer might incriminate the person or make the person liable to a penalty.
However, any information furnished or answer given by a natural person in compliance with a requirement under this Part is not admissible in evidence against the person in criminal proceedings (except proceedings for an offence under this Part) if:
(a) the person objected at the time to doing so on the ground that it might incriminate the person, or
(b) the person was not warned on that occasion that the person may object to furnishing the information or giving the answer on the ground that it might incriminate the person.
Any record furnished by a person in compliance with a requirement under this Part is not inadmissible in evidence against the person in criminal proceedings on the ground that the record might incriminate the person.
Further information obtained as a result of a record or information furnished or of an answer given in compliance with a requirement under this Part is not inadmissible on the ground:
(a) that the record or information had to be furnished or the answer had to be given, or
(b) that the record or information furnished or answer given might incriminate the person.
This section extends to a requirement under this Part to state a person’s name and address.
Omit the section.
Insert after section 261F (3):
The Minister may use money obtained under a security deposit for a small-scale title to recover or fund the reasonable costs or expenses that the Crown reasonably incurs rehabilitating land affected by activities undertaken under any small-scale title.
Omit “section 70 (4)” from section 282 (2). Insert instead “clause 8 (4) of Schedule 1B”.
Insert after section 292C (2):
The holder of an authorisation must not fail to pay any annual rental fee or annual administrative levy payable under this Part for the authorisation.
Maximum penalty:
(a) in the case of a corporation—100 penalty units, or
(b) in the case of a natural person—50 penalty units.
Omit the section.
Insert after section 292R:
The Secretary may refund or waive payment of the whole or any part of a fee that this Act requires to be paid, on his or her own initiative or on the application of the person who is required to pay the fee, if the Secretary is satisfied that there is good cause for doing so.
The regulations may make further provision for or with respect to the waiver or refund of fees payable under this Act.
Omit the section. Insert instead:
The Secretary may, on the application of a person, allocate any money collected by way of a levy under this Part for any purpose if the Secretary is satisfied that the reasons for which the application was made are consistent with the purposes for which the levy was imposed and the allocation is appropriate and reasonable for achieving those purposes.
Omit “awards as grants” from section 292V (4) (a). Insert instead “allocates”.
Insert after section 361 (3):
The Secretary must publish the following matters in the Gazette:
(a) the classes of persons appointed as inspectors under subsection (1),
(b) any conditions, limitations or restrictions, or limitation on purposes, imposed by the Secretary on the appointment of persons under this section.
Omit section 364 (1). Insert instead:
A person must not, while holding office in an official capacity for the purposes of this Act and while exercising functions in that capacity, hold either directly or indirectly a beneficial interest in an authority or a small-scale title.
The following are persons who hold office in an
(a) the Minister,
(b) an inspector,
(c) a member of staff of the Department who exercises functions under this Act or the Petroleum (Onshore) Act 1991,
(d) any other person who exercises any judicial or official functions under this Act or the Petroleum (Onshore) Act 1991.
Insert after section 364:
Any document or information provided under a condition of an authorisation referred to in clause 7 (2) (g) of Schedule 1B may be taken into consideration by the Secretary or the relevant decision-maker and used for the purposes of this Act, including for the purposes of the prosecution of offences under this Act or the regulations.
The Secretary is authorised, despite any other Act or law, to provide a relevant agency with any such document or information.
Any such document or information is required to be provided by the holder of an authorisation, whether or not the document or information might incriminate the holder.
However, information provided by a natural person in compliance with a condition of an authorisation referred to in clause 7 (2) (g) of Schedule 1B is not admissible in evidence against the person in criminal proceedings (other than proceedings for an offence for providing false and misleading information) if the person, when providing the information, objected to the provision of the information on the grounds that it might incriminate him or her.
In this section:
(a) the Department, or
(b) a public authority engaged in administering or executing the environment protection legislation, the Environmental Planning and Assessment Act 1979 or such other legislation, if any, as may be prescribed by the regulations.
Insert after section 365:
The regulator may enter into an arrangement (
The information to which an information sharing arrangement may relate is limited to information that assists the regulator or relevant agency:
(a) to determine applications made under the resources legislation or legislation made under the corresponding law of another jurisdiction, or
(b) to determine whether to cancel, revoke, suspend or vary an authorisation, activity approval or other approval, or an exemption or declaration, that is granted, made or given under that legislation, or
(c) to facilitate the carrying out of inspections, probity checks or other enforcement action under that legislation.
Under an information sharing arrangement, the regulator and the relevant agency are, despite any other Act or law of the State, authorised:
(a) to request and receive information that is held by the other party to the arrangement, and
(b) to disclose that information to the other party.
In this section:
(a) a government agency or holder of a statutory office with any functions similar to or related to those imposed on the regulator by or under the resources legislation,
(b) any government agency of the Commonwealth or another State or Territory with functions similar to or related to those imposed on the regulator under any of the resources legislation,
(c) any other person or body, or person or body of a class, prescribed by the regulations.
Omit the heading. Insert instead:
Omit the section. Insert instead:
A person must not, without reasonable excuse, obstruct, hinder or resist any of the following persons in the exercise of a function under this Act:
(a) an inspector,
(b) an authorised person within the meaning of Division 3 of Part 11,
(c) a member of staff of the Department who exercises functions under this Act or the Petroleum (Onshore) Act 1991,
(d) any other person who exercises any judicial or official functions under this Act or the Petroleum (Onshore) Act 1991.
Maximum penalty:
(a) in the case of a corporation—10,000 penalty units, or
(b) in the case of a natural person—2,000 penalty units.
Omit the section. Insert instead:
A person must not provide any information, record or return in purported compliance with any requirement by or under this Act:
(a) knowing that the information, record or return is false or misleading in a material particular, or
(b) being reckless as to whether the information, record or return is false or misleading in a material particular.
Maximum penalty:
(a) in the case of a corporation—1,000 penalty units, or
(b) in the case of a natural person—500 penalty units.
Omit the penalties to section 378D (1). Insert instead:
Maximum penalty:
(a) in the case of a corporation—10,000 penalty units, and, in the case of a continuing offence, a further penalty of 1,000 penalty units for each day that the offence continues, or
(b) in the case of a natural person—2,000 penalty units, and, in the case of a continuing offence, a further penalty of 200 penalty units for each day that the offence continues.
Omit the penalties. Insert instead:
Maximum penalty:
(a) in the case of a corporation—10,000 penalty units, and, in the case of a continuing offence, a further penalty of 1,000 penalty units for each day that the offence continues, or
(b) in the case of a natural person—2,000 penalty units, and, in the case of a continuing offence, a further penalty of 200 penalty units for each day that the offence continues.
Omit “of a kind referred to in Part 1 of Schedule 7”.
Insert after section 378E:
A person who:
(a) causes or permits the commission of an offence against this Act or the regulations, or
(b) aids, abets, counsels or procures another person to commit an offence against this Act or the regulations, or
(c) attempts to commit an offence against this Act or the regulations, or
(d) conspires to commit an offence against this Act or the regulations,
is guilty of that offence and liable to the penalty prescribed by this Act or the regulations in relation to that offence.
Omit section 378F (1). Insert instead:
For the purposes of this section, an
Omit the section. Insert instead:
If an offence against a provision of this Act is committed by a person by reason of a continuing act or omission:
(a) the person is liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continues of not more than an amount specified for that offence, and
(b) if the act or omission continues after the person is convicted of the offence, the person is guilty of a further offence against that provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continues after that conviction of not more than an amount specified for that offence.
An obligation to do something is to be regarded as continuing until the act is done despite the fact that a period within which, or time before which, the act is required to be done has expired or passed.
An omission is to be regarded as continuing for as long as the thing required to be done remains undone after the end of the period for compliance with the requirement.
However, this section does not apply to an offence if the relevant provision of this Act or the regulations does not provide for a penalty for a continuing offence.
Omit “239C,” from section 378H (1) (a).
Omit “(in the case of a contravention of a condition referred to in Part 1 of Schedule 7 or section 261B)”.
Omit “specified in Part 2 of Schedule 7”.
Insert instead “under section 5, 6 (1), 12B, 12C, 12D or 291”.
Omit “listed in Part 3 of Schedule 7” wherever occurring in section 378I (1) (a) and (2) (a).
Insert instead “under section 5, 6 (1), 12B, 12C, 12D, 240C, 246R, 248S, 291, 378A or 378D”.
Insert after Division 4:
The Land and Environment Court or the Local Court may make an order under this section if the court is satisfied, on the balance of probabilities, that a person has prospected for or mined for a mineral otherwise than in accordance with an authorisation.
The Land and Environment Court or the Local Court may order a person to pay to a government agency or person costs and expenses incurred, or compensation for loss or damage suffered, as the case may be, in such amount as is fixed by the order, if it appears to the court that:
(a) a government agency has incurred costs and expenses in connection with:
(i) the prevention, control, mitigation or management of any environmental impact caused by the prospecting or mining, or
(ii) rehabilitating land or water damaged or affected by the prospecting or mining, or
(b) a person (including a government agency) has, by reason of the prospecting or mining, suffered loss of or damage to property or has incurred costs and expenses in preventing, controlling, mitigating or managing any such loss or damage, or attempting to do so.
However, the court is not to make an order for payment to a person under the section to the extent that the payment would represent the value of minerals extracted by that person without title that the person who carried out the suspected unlawful prospecting or mining had obtained by fossicking, prospecting operations or mining operations carried out with the consent of that person and in connection with the suspected contravention.
An order made by the Local Court under this section is enforceable as if it were an order made by the court when exercising jurisdiction under the Civil Procedure Act 2005.
An order made by the Land and Environment Court under this section is enforceable as if it were an order made by the Court in Class 4 proceedings under the Land and Environment Court Act 1979.
The Local Court may not make an order under this section for the payment of an amount that exceeds the jurisdictional limit of the Local Court under the Civil Procedure Act 2005.
The court may make an order under this section whether or not the person against whom the order is made:
(a) has been convicted of an offence under this Act in relation to the prospecting or mining, or
(b) has been issued with a penalty notice under this Act in relation to the prospecting or mining, and whether or not the amount of penalty prescribed for the offence has been paid under any such penalty notice, or
(c) has had any other action taken against the person in respect of an offence under this Act in relation to the prospecting or mining.
This section does not prevent the taking of proceedings for an offence of prospecting or mining for a mineral except in accordance with an authorisation.
The Secretary may accept a written undertaking (an
The giving of an enforceable undertaking does not constitute an admission of guilt by the person giving it in relation to the contravention or alleged contravention to which the undertaking relates.
The Secretary must issue, and make public, general guidelines for or in relation to the acceptance of enforceable undertakings under this Act.
The Secretary must give the person seeking to make an enforceable undertaking written notice of the Secretary’s decision to accept or reject the enforceable undertaking and of the reasons for the decision.
The Secretary must publish, and make public, notice of a decision to accept an enforceable undertaking and the reasons for that decision.
An enforceable undertaking takes effect and becomes enforceable when the Secretary’s decision to accept the undertaking is given to the person who made the undertaking or at any later date specified by the Secretary.
A person must not contravene an enforceable undertaking made by that person that is in effect.
Maximum penalty:
(a) in the case of a corporation—10,000 penalty units, or
(b) in the case of a natural person—2,000 penalty units.
The Secretary may apply to the District Court for an order if a person contravenes an enforceable undertaking.
If the Court is satisfied that the person who made the enforceable undertaking has contravened the undertaking, the Court, in addition to the imposition of any penalty, may make one or both of the following orders:
(a) an order directing the person to comply with the undertaking,
(b) an order discharging the undertaking.
In addition to the orders referred to in subsection (2), the Court may make any other order that the Court considers appropriate in the circumstances, including orders directing the person to pay to the State:
(a) the costs of the proceedings, and
(b) the reasonable costs of the Secretary in monitoring compliance with the enforceable undertaking in the future.
Section 378ZFH specifies circumstances affecting proceedings for a contravention for which an enforceable undertaking has been given.
A person who has made an enforceable undertaking may at any time, with the written agreement of the Secretary:
(a) withdraw the undertaking, or
(b) vary the undertaking.
However, the provisions of the undertaking cannot be varied to provide for a different alleged contravention of the Act.
The Secretary must publish, and make public, notice of the withdrawal or variation of an enforceable undertaking.
Subject to this section, no proceedings for a contravention or alleged contravention of this Act may be brought against a person if an enforceable undertaking is in effect in relation to that contravention.
No proceedings may be brought for a contravention or alleged contravention of this Act against a person who has made an enforceable undertaking in relation to that contravention and has completely discharged the enforceable undertaking.
The Secretary may accept an enforceable undertaking in relation to a contravention or alleged contravention before proceedings in relation to that contravention have been finalised.
If the Secretary accepts an enforceable undertaking before the proceedings are finalised, the Secretary must take all reasonable steps to have the proceedings discontinued as soon as possible.
Insert after section 387A:
A notice may be given under this Act to a person in respect of a matter even though the person is outside the State or the matter occurs or is located outside the State, so long as the matter relates to the administration of this Act (including, but not limited to investigation of, or enforcement action relating to, offences against this Act).
The Minister may waive any requirement of this Act or the regulations:
(a) as to the time within which anything is required to be done (but not the time for lodging any application for renewal of an authorisation after the date of expiry), or
(b) as to the details to be contained in any notice to be served, lodged or caused to be published by the applicant, or
(c) as to the documents or particulars to accompany the application, or
(d) as to the furnishing of information by the applicant.
This section does not authorise the Minister to waive a requirement unless the Minister is satisfied that the waiver is unlikely:
(a) to adversely affect any person’s rights under this Act or the regulations, or
(b) to result in any person being deprived of information necessary for the effective exercise of those rights.
Insert after section 388 (1):
The regulations may adopt or provide for the adoption of any document (including, for example, a code of practice or set of standards published by any person or body) and for the application of the provisions of that document, as in force for the time being, for any of the purposes of this Act or the regulations.
Insert in appropriate order before Schedule 1:
In this Schedule:
This Schedule applies to and in respect of applications and tenders for, and decisions made by the relevant decision-maker in relation to, the following:
(a) the grant of an authorisation (including the grant of an authorisation to a tenderer),
(b) the renewal of an authorisation,
(c) the approval of the transfer of an authorisation,
(d) the imposition of conditions on, or variation of conditions of, an authorisation,
(e) the suspension of an authorisation.
This Schedule does not apply to environmental assessment permits under section 252.
The relevant decision-maker must take into account the need to conserve and protect the environment in or on the land over which the authorisation is sought (or, in the case of a variation, to which it applies) in considering an application to which this Schedule applies.
The relevant decision-maker may cause such studies (including environmental impact studies) to be carried out as the relevant decision-maker considers necessary to assist in making a decision on the application.
If public money is spent under subclause (2) in having studies carried out or engaging persons to provide advice, the relevant decision-maker may, by written notice, require the applicant concerned to reimburse the Government, within the time specified in the notice, for the money, or any part of the money, reasonably incurred.
The relevant decision-maker may recover from the applicant any unpaid amounts specified in the notice as a debt in a court of competent jurisdiction.
Without limiting the generality of any other provision of this Act, the relevant decision-maker may take into account any one or more of the following when considering an application to which this Schedule applies:
(a) whether, in the opinion of the relevant decision-maker, the applicant meets the minimum standards, made public by the relevant decision-maker, required to be met with respect to the technical and financial capability to carry out the proposed work program,
(b) if the application relates to a transfer—whether, in the opinion of the relevant decision-maker, the transferee meets the minimum standards, made public by the relevant decision-maker, required to be met with respect to the technical and financial capability to carry out the proposed work program,
(c) if the applicant is a natural person—the compliance history of the applicant,
(d) if the applicant is a body corporate—the compliance history of any director of the body corporate or of any related body corporate,
(e) if the application relates to a transfer and the proposed transferee is a natural person—the compliance history of the proposed transferee,
(f) if the application relates to a transfer and the proposed transferee is a body corporate—the compliance history of any director of that body corporate,
(g) whether, in the opinion of the relevant decision-maker, the work program proposed to be carried out by the applicant meets the minimum standards, made public by the relevant decision-maker, required to be met with respect to work programs for an authorisation of the kind concerned.
The relevant decision-maker may require a person who makes an application to which this Schedule applies to furnish further information in connection with the application, including (if the applicant is a body corporate) information as to the extent to which the controlling power in the body corporate’s affairs is held by:
(a) a foreign company within the meaning of the Corporations Act 2001 of the Commonwealth, or
(b) a company registered under that Act that is taken for the purposes of that Act to be registered in a State or Territory other than New South Wales, or
(c) a natural person who is a resident of a foreign country.
The application may be refused if the applicant does not furnish that further information within the period specified by the relevant decision-maker by written notice when the request for further information is made.
Without limiting the generality of any other provision of this Act, the relevant decision-maker may refuse an application to which this Schedule applies on any one or more of the following grounds:
(a) the relevant decision-maker considers that the applicant (or if the application relates to a transfer, the transferee) has an unsatisfactory compliance history,
(b) the relevant decision-maker considers that the applicant (or if the application relates to a transfer, the transferee) does not meet the applicable minimum standards with respect to work programs and the technical and financial capability to carry out the proposed work program,
(c) the applicant has not paid any fee payable in connection with the application,
(d) the applicant has failed to lodge any information required to accompany the application within 10 business days after the application is lodged,
(e) in the case of an application relating to a mineral claim or opal prospecting licence—that the applicant has failed to pay any levy required under section 292SA in relation to the claim or licence.
An authorisation is subject to:
(a) any condition imposed by the relevant decision-maker under this Schedule (including any variation of such a condition), and
(b) any condition imposed by or under section 246P or 261B, and
(c) in the case of a mineral claim—the conditions referred to in clause 8, and
(d) in the case of an opal prospecting licence—the conditions referred to in clause 9, and
(e) any condition prescribed by the regulations.
Without limiting the generality of subclause (1), conditions imposed by the relevant decision-maker or prescribed by the regulations may include conditions relating to the following:
(a) the development and conduct of mining operations,
(b) environmental management, protection and rehabilitation, including requiring the holder of the authorisation to:
(i) carry out activities or not to carry out activities in order to protect, prevent, control or mitigate harm to the environment, and
(ii) rehabilitate land or water that is or may be affected by activities under the authorisation,
(c) compliance with codes of practice or sets of standards published by any person or body,
(d) ensuring the safety of the public in relation to prospecting and mining operations,
(e) the administration of authorisations,
(f) community relations,
(g) requiring the holder to provide the Minister with reports detailing any non-compliance with the conditions of the authorisation, or any requirements of this Act or the regulations relating to activities under the authorisation, and any action taken, or to be taken, to prevent any recurrence, or to mitigate the effects of that non-compliance.
Any obligation imposed on the holder of an authorisation in relation to environmental management, protection and rehabilitation:
(a) continues to have effect despite the cancellation of the authorisation or it ceasing to have effect, and
(b) can be imposed despite anything to the contrary in section 93 of the Environmental Planning and Assessment Act 1979.
Unless an exemption from conditions imposed by regulations applies, in the event of an inconsistency between conditions imposed by the relevant decision-maker and those imposed by regulations, the conditions imposed by the regulations prevail to the extent of any inconsistency.
In addition to the conditions referred to in clause 7, a mineral claim is subject to:
(a) any special conditions that apply to the land, and
(b) the conditions imposed on the holder of the claim under section 211 as to his or her exercise of any right of way under that section in respect of the claim area, and
(c) the conditions to which the holder of the claim is subject pursuant to any registered access management plan in force in respect of that land, and
(d) any other conditions (not inconsistent with any other condition referred to in this subclause) that the Secretary imposes when the claim is granted, or at any other time under a power conferred by this Act.
Without limiting the generality of subclause (1), a condition may be imposed on a mineral claim requiring the holder of the claim to pay royalty to the Crown on any minerals recovered under the claim.
In addition to any condition imposed by or under subclause (1), a mining lease that is not granted in relation to a mining purpose or mining purposes only is subject to a condition that the holder of the lease will not suspend mining operations in the mining area otherwise than in accordance with the written consent of the decision-maker.
A mining lease granted on the basis of a tender lodged under section 53 is taken to include a condition in the terms specified in the tender for the purposes of section 53 (3).
In addition to the conditions referred to in clause 7, an opal prospecting licence is subject to:
(a) any special conditions that apply, pursuant to section 223A, to the opal prospecting block over which the licence is granted, and
(b) the conditions imposed on the holder of the licence, pursuant to section 235C, as to his or her exercise of any right of way under that section in respect of the opal prospecting block over which the licence is granted, and
(c) any other conditions (not inconsistent with any other condition referred to in this section) that the Secretary imposes when the licence is granted, or at any other time under a power conferred by this Act.
The relevant decision-maker may impose conditions on an authorisation:
(a) at the time of the grant of the authorisation, or
(b) at any later time, as permitted by this Schedule.
A condition imposed by the relevant decision-maker takes effect as follows:
(a) if the condition is imposed on the grant of an authorisation—when the grant takes effect,
(b) if the condition is imposed on the renewal of an authorisation—when the renewal takes effect,
(c) if the condition is imposed when a full or partial transfer of an authorisation is approved under this Act—when the transfer is registered under this Act,
(d) if the condition is a variation under clause 12—as provided by clause 12 (7),
(e) in any other case—when written notice of the imposition of the condition is served on the holder of the authorisation or at a later time specified in the notice.
The relevant decision-maker may, by order published in the Gazette, exempt the holder of an authorisation from compliance with a condition imposed by the regulations.
An exemption may be granted subject to conditions.
An exemption may:
(a) apply generally or be limited in its application by reference to specified exceptions or factors, and
(b) apply differently according to different factors of a specified kind, and
(c) be granted for a specified period or for an indefinite period, and
(d) if granted for a specified period—be granted before, during or after that period.
The relevant decision-maker may vary or revoke an exemption (including by imposing, varying or revoking a condition of the exemption) at any time by notice in writing to the holder of the authorisation.
The regulations may make provision for or with respect to exemptions.
The relevant decision-maker may vary an authorisation (including the conditions of an authorisation).
A variation of an authorisation may include:
(a) the attaching of a condition to an authorisation (whether or not any conditions have already been attached), or
(b) the substitution of a condition, or
(c) the omission of a condition, or
(d) the amendment of a condition, or
(e) the variation of the instrument by which an authorisation is granted, including so as to:
(i) update the instrument, or
(ii) correct a minor error or misdescription, or
(iii) consolidate variations made to the authorisation.
An authorisation may be varied on application by the holder of the authorisation or on the initiative of the relevant decision-maker.
An authorisation may be varied at any time during its currency, including on its being transferred to another person.
Except in the case of the renewal or transfer of an authorisation, the decision-maker is not to vary a prescribed condition subsequent to the grant of the authorisation unless the decision-maker:
(a) has given the holder of the authorisation notice of the draft variation, and
(b) has invited the making of submissions to the decision-maker about the proposed variation and specified a deadline for the making of those submissions that is at least 28 days after the publication of the notice, and
(c) has either received such submissions and has taken them into consideration or has not received any such submission after the deadline has elapsed.
An authorisation is varied by notice in writing given to the holder of the authorisation.
The variation of a condition by the relevant decision-maker takes effect as follows:
(a) if the condition is varied on the renewal of an authorisation—when the renewal takes effect,
(b) if the condition is varied when a full or partial transfer of an authorisation is approved under this Act—when the transfer is registered under this Act,
(c) if a prescribed condition is varied other than at the renewal of an authorisation or when a full or partial transfer of an authorisation is approved under this Act—28 days after written notice of the variation of the condition is served on the holder of the authorisation or at a later time specified in the notice,
(d) in any other case—when written notice of the variation of the condition is served on the holder of the authorisation or at a later time specified in the notice.
In this clause:
(a) imposed on the application of the holder of the authorisation, or
(b) imposed under section 246P or 261B.
This clause does not apply to a condition that is prescribed by the regulations.
Before a regulation is made that varies any condition of an authorisation imposed by the regulations, the relevant decision-maker is required to ensure that:
(a) a notice is published in a daily newspaper circulating throughout New South Wales:
(i) stating the objects of the proposed regulation, and
(ii) advising where a copy of the regulation may be obtained or inspected, and
(iii) inviting comments and submissions within a specified time, but not less than 28 days from publication of the notice, and
(b) all the comments and submissions received within the time specified in the notice are considered.
For the purposes of this clause, a regulation varies a condition of an authorisation if the regulation:
(a) imposes a new condition (whether or not any conditions have already been imposed), or
(b) substitutes a condition imposed by the regulations, or
(c) omits a condition imposed by the regulations, or
(d) amends a condition imposed by the regulations.
The relevant decision-maker may (whether on the application of the holder of the authorisation or on the initiative of the relevant decision-maker) suspend any of the conditions of an authorisation (other than a mineral claim) for such period, or until the happening of such event, as the relevant decision-maker may determine.
The Secretary may (whether on the application of the holder of the claim or otherwise) suspend any of the conditions of a mineral claim (other than conditions of the kind referred to in section 175 (4)) for such period, or until the happening of such event, as the Secretary may determine.
A condition of a mineral claim that is suspended on the application of the holder may not be suspended for more than 3 months at a time.
The suspension of conditions of an authorisation may be granted unconditionally or subject to such conditions as the relevant decision-maker may consider appropriate.
The suspension of the conditions of an authorisation takes effect on the date on which written notice of the suspension is served on the holder of the authorisation or on such later date as may be specified in the notice.
An application for suspension of the conditions of an authorisation may be withdrawn by means of a notice of withdrawal signed by the applicant and lodged with the relevant decision-maker.
The application ceases to have effect when the notice is lodged.
The withdrawal of an application under this clause is irrevocable.
The relevant decision-maker may vary the suspension of the conditions of an authorisation (including the conditions to which the suspension is subject).
A variation includes the attaching of a condition to the suspension, the substitution of a condition, the omission of a condition or the amendment of a condition.
A suspension of the conditions of an authorisation is varied by notice in writing given to the holder of the authorisation.
The suspension of any condition of an authorisation under this clause does not prevent any action being taken under this Act in respect of the authorisation (including variation under clause 12).
This clause does not apply to a condition that is prescribed by the regulations.
Omit clause 21 (4) (b). Insert instead:
must contain a description, prepared in the approved manner, of the land over which the lease is sought, and
Omit “, refund or waiver” from clause 8.
Insert after clause 118:
This clause applies to the exercise of a function purported to be delegated by the Minister under section 153A of the Environmental Planning and Assessment Act 1979 before the substitution of section 363 (1) of this Act by the 2008 Act, whether the delegation was for the purposes associated with functions under this Act or any other Act administered by the Minister.
The delegation of any such function is taken to have been validly done on and from the date of the delegation if the delegation could have been made had section 363 (1), as so substituted been in force when the delegation was made.
Insert at the end of the Schedule with appropriate Part and clause numbering:
In this Part:
An application for an authorisation, or transfer or renewal of an authorisation, made but not decided before the commencement of this clause and that complied with this Act, as in force before the Act’s amendment by the 2015 amending Act, is taken to have been duly made under this Act, as amended.
Subject to this Part, a condition of an authorisation, in force under section 26, 44, 70, 238 or 239 immediately before the repeal of that section by the 2015 amending Act, continues to have effect and is taken to be a condition imposed under Schedule 1B.
A condition of an authorisation that was, immediately before the repeal of section 168 by the 2015 amending Act, suspended, is taken to have been suspended under clause 14 of Schedule 1B, on the date of the original suspension.
Any condition to which an exploration licence was subject immediately before the commencement of section 23A, as inserted by the 2015 amending Act, that requires approval to carry out operations and that is identified in the licence using one of the following phrases is void:
(a) Category 1 prospecting operations,
(b) Category 2 prospecting operations,
(c) assessable prospecting operations.
However, an approval granted pursuant to a condition referred to in subclause (1) that was in force immediately before the commencement of this clause is taken to be an activity approval granted under section 23A and can be varied or voluntarily cancelled accordingly.
An application for approval to carry out prospecting operations made in compliance with a condition imposed on an assessment lease under section 44, being an application that had not been dealt with before the commencement of section 44A (as inserted by the 2015 amending Act), is to be dealt with in accordance with section 44A, as if it had been made under that section.
For the avoidance of doubt, compliance with section 23A or 44A is required in respect of any assessable prospecting operation (within the meaning of that section) carried out after the commencement of the section, even if it began before the commencement of the section.
A direction given under section 240, as in force before its amendment by the 2015 amending Act, and having effect immediately before that amendment, continues in force after that amendment as if section 240 had not been substituted.
Section 365A, as inserted by the 2015 amending Act, does not apply to information about harm caused, or likely to be caused, to the environment obtained by the Secretary before the commencement of the section.
Section 378C, as inserted by the 2015 amending Act, extends to information given after the commencement of that section in compliance with a notice given or condition imposed under this Act before the commencement of that section if the time by which, or period within which, the notice or condition must have been complied with had not expired immediately before that commencement.
Section 378I, as in force before the amendment of that section by the 2015 amending Act, continues to apply in relation to proceedings for offences alleged to have been committed before the commencement of the amendments.
Omit the Schedule.
Insert in alphabetical order:
Omit the definition. Insert instead:
Insert after section 2:
The objects of this Act are to encourage and facilitate the discovery and development of petroleum 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 petroleum resources, and
(b) to provide an integrated framework for the effective regulation of titles for petroleum prospecting and mining, and
(a) a government agency has incurred costs and expenses in connection with:
(i) the prevention, control, mitigation or management of any environmental impact caused by the prospecting or mining, or
(ii) rehabilitating land or water damaged or affected by the prospecting or mining, or
(b) a person (including a government agency) has, by reason of the prospecting or mining, suffered loss of or damage to property or has incurred costs and expenses in preventing, controlling, mitigating or managing any such loss or damage, or attempting to do so.
However, the court is not to make an order for payment to a person under the section to the extent that the payment would represent the value of petroleum owned by that person that the person who carried out the suspected unlawful prospecting or mining had obtained by prospecting or mining carried out with the consent of that person and in connection with the suspected contravention.
An order made by the Local Court under this section is enforceable as if it were an order made by the court when exercising jurisdiction under the Civil Procedure Act 2005.
An order made by the Land and Environment Court under this section is enforceable as if it were an order made by the Court in Class 4 proceedings under the Land and Environment Court Act 1979.
The Local Court may not make an order under this section for the payment of an amount that exceeds the jurisdictional limit of the Local Court under the Civil Procedure Act 2005.
The court may make an order under this section whether or not the person against whom the order is made:
(a) has been convicted of an offence under this Act in relation to the prospecting or mining, or
(b) has been issued with a penalty notice under this Act in relation to the prospecting or mining, and whether or not the amount of penalty prescribed for the offence has been paid under any such penalty notice, or
(c) has had any other action taken against the person in respect of an offence under this Act in relation to the prospecting or mining.
This section does not prevent the taking of proceedings for an offence of prospecting or mining for petroleum except in accordance with a petroleum title.
The Secretary may accept a written undertaking (an
The giving of an enforceable undertaking does not constitute an admission of guilt by the person giving it in relation to the contravention or alleged contravention to which the undertaking relates.
The Secretary must issue, and make public general guidelines for or in relation to the acceptance of enforceable undertakings under this Act.
The Secretary must give the person seeking to make an enforceable undertaking written notice of the Secretary’s decision to accept or reject the enforceable undertaking and of the reasons for the decision.
The Secretary must publish, and make public, notice of a decision to accept an enforceable undertaking and the reasons for that decision.
An enforceable undertaking takes effect and becomes enforceable when the Secretary’s decision to accept the undertaking is given to the person who made the undertaking or at any later date specified by the Secretary.
A person must not contravene an enforceable undertaking made by that person that is in effect.
Maximum penalty:
(a) in the case of a corporation—10,000 penalty units, or
(b) in the case of a natural person—2,000 penalty units.
The Secretary may apply to the District Court for an order if a person contravenes an enforceable undertaking.
If the Court is satisfied that the person who made the enforceable undertaking has contravened the undertaking, the Court, in addition to the imposition of any penalty, may make one or both of the following orders:
(a) an order directing the person to comply with the undertaking,
(b) an order discharging the undertaking.
In addition to the orders referred to in subsection (2), the Court may make any other order that the Court considers appropriate in the circumstances, including orders directing the person to pay to the State:
(a) the costs of the proceedings, and
(b) the reasonable costs of the Secretary in monitoring compliance with the enforceable undertaking in the future.
Section 125ZP specifies circumstances affecting proceedings for a contravention for which an enforceable undertaking has been given.
A person who has made an enforceable undertaking may at any time, with the written agreement of the Secretary:
(a) withdraw the undertaking, or
(b) vary the undertaking.
However, the provisions of the undertaking cannot be varied to provide for a different alleged contravention of the Act.
The Secretary must publish, and make public, notice of the withdrawal or variation of an enforceable undertaking.
Subject to this section, no proceedings for a contravention or alleged contravention of this Act may be brought against a person if an enforceable undertaking is in effect in relation to that contravention.
No proceedings may be brought for a contravention or alleged contravention of this Act against a person who has made an enforceable undertaking in relation to that contravention and has completely discharged the enforceable undertaking.
The Secretary may accept an enforceable undertaking in relation to a contravention or alleged contravention before proceedings in relation to that contravention have been finalised.
If the Secretary accepts an enforceable undertaking before the proceedings are finalised, the Secretary must take all reasonable steps to have the proceedings discontinued as soon as possible.
A document signed by the Secretary, or by an officer designated by the Secretary for the purposes of this section, and certifying any one or more of the matters specified in subsection (2) is admissible in any proceedings under this Act and is prima facie evidence of the matters so certified.
The following matters are specified for the purposes of subsection (1):
(a) that an instrument, a copy of which is set out in or annexed to the document, being an instrument purporting:
(i) to be issued, made or given for the purposes of this Act, and
(ii) to have been signed by the person authorised to issue, make or give the instrument, or by another person acting as delegate or on behalf of the person,
was issued, made or given on a specified day,
(b) that a person was or was not, at a specified time or during a specified period, the holder of a specified petroleum title or a petroleum title of a specified kind,
(c) that specified land was or was not, at a specified time or during a specified period, the subject of a specified petroleum title or a petroleum title of a specified kind,
(d) that a petroleum title was or was not, at a specified time or during a specified period, subject to specified conditions,
(e) that a petroleum title was, at a specified time, cancelled or suspended for a specified period or was cancelled or suspended subject to specified conditions,
(f) that a condition was, at a specified time, revoked or varied in a specified manner or that a new condition was, at a specified time, imposed on a petroleum title or on the suspension of a petroleum title,
(g) that a person was or was not, at a specified time or during a specified period, an inspector,
(h) that a person was or was not, at a specified time or during a specified period, a member of staff of the Department or a council,
(i) that information required to be furnished pursuant to this Act or the regulations was or was not received,
(j) that a document is a copy of part of, or an extract from, a register kept under this Act,
(k) that a specified amount is payable under this Act or the regulations by a specified person and has not been paid,
(l) that petroleum of a specified value was recovered by a specified person or from specified land, at a specified time or during a specified period,
(m) that a specified legal or equitable interest (being a legal or equitable interest of a kind referred to in section 97) was or was not registered under this Act,
(n) that the Crown or a public authority has incurred costs or expenses of a specified amount under section 78D,
(o) that the Crown or a public authority has incurred costs or expenses of a specified amount in connection with the investigation of a specified offence under this Act,
(p) that a specified function under this Act was delegated to a specified person under section 113B during a specified period.
For the purposes of the certification of a matter referred to in subsection (2) (h), the person who appointed the inspector or royalty officer concerned is taken to be an officer designated by the Secretary (as referred to in subsection (1)).
In the absence of information that would enable the accurate determination of an amount payable, as referred to in subsection (2) (k), or the value of petroleum, as referred to in subsection (2) (l), the following provisions have effect:
(a) the amount or value certified may be an estimate of that amount or value (based on the information available to the person making the certification),
(b) the estimate is presumed to be accurate and cannot be challenged on the basis that insufficient information was available to enable the making of an accurate determination, but can be challenged by the provision of information that enables a more accurate estimate to be made,
(c) if the estimate is successfully challenged and as a result a more accurate estimate is substituted, no proceedings are open to challenge merely because of the less accurate estimate and proceedings may continue to be heard and be determined on the basis of the substituted estimate.
A notice given, or a condition of a petroleum title imposed, under this Act or the regulations that specifies a time by which, or period within which, the notice or condition must be complied with continues to have effect until the notice or condition is complied with even though the time has passed or the period has expired.
A notice that does not specify a time by which, or period within which, the notice must be complied with continues to have effect until the notice is complied with.
This section does not apply to the extent that any requirement under a notice or a condition of a petroleum title is revoked.
Nothing in this section affects the powers of a regulatory authority with respect to the enforcement of a notice or a condition of a petroleum title.
Omit the sections.
Insert before section 130:
A notice may be given under this Act to a person in respect of a matter even though the person is outside the State or the matter occurs or is located outside the State, so long as the matter relates to the administration of this Act (including, but not limited to investigation of, or enforcement action relating to, offences against this Act).
The Minister may waive any requirement of this Act or the regulations:
(a) as to the time within which anything is required to be done (but not the time for lodging any application for renewal of a petroleum title after the date of expiry), or
(b) as to the details to be contained in any notice to be served, lodged or caused to be published by the applicant, or
(c) as to the documents or particulars to accompany the application, or
(d) as to the furnishing of information by the applicant.
This section does not authorise the Minister to waive a requirement unless the Minister is satisfied that the waiver is unlikely:
(a) to adversely affect any person’s rights under this Act or the regulations, or
(b) to result in any person being deprived of information necessary for the effective exercise of those rights.
Omit the sections.
Omit section 138 (2). Insert instead:
The regulations may adopt or provide for the adoption of any document (including, for example, a code of practice or set of standards published by any person or body) and for the application of the provisions of that document, as in force for the time being, for any of the purposes of this Act or the regulations.
Omit “section 126” from section 138B (2). Insert instead “section 113B (1)”.
Insert in appropriate order:
This Schedule applies to and in respect of the following:
(a) applications for, and decisions made by the Minister, in relation to the grant, renewal or transfer of a petroleum title,
(b) the imposition of conditions on, or variation or suspension of conditions of, a petroleum title,
(c) the variation of a petroleum title.
The Minister must take into account the need to conserve and protect the environment in or on the land over which the petroleum title is sought (or, in the case of a variation, to which it applies) in considering an application to which this Schedule applies.
The Minister may cause such studies (including environmental impact studies) to be carried out as the Minister considers necessary to assist in making a decision on the application.
If public money is spent under subclause (2) in having studies carried out or engaging persons to provide advice, the Minister may, by written notice, require the applicant concerned to reimburse the Government, within the time specified in the notice, for the money, or any part of the money, reasonably incurred.
The Minister may recover from the applicant any unpaid amounts specified in the notice as a debt in a court of competent jurisdiction.
Without limiting the generality of any other provision of this Act, the Minister may take into account any one or more of the following when considering an application to which this Schedule applies:
(a) whether, in the opinion of the Minister, the applicant meets the minimum standards, made public by the Minister, required to be met with respect to the technical and financial capability to carry out the proposed work program,
(b) if the application relates to a transfer—whether, in the opinion of the Minister, the transferee meets the minimum standards, made public by the Minister, required to be met with respect to the technical and financial capability to carry out the proposed work program,
(c) if the applicant is a natural person—the compliance history of the applicant,
(d) if the applicant is a body corporate—the compliance history of any director of the body corporate or of any related body corporate,
(e) if the application relates to a transfer and the proposed transferee is a natural person—the compliance history of the proposed transferee,
(f) if the application relates to a transfer and the proposed transferee is a body corporate—the compliance history of any director of that body corporate,
(g) whether, in the opinion of the Minister, the work program proposed to be carried out by the applicant meets the minimum standards, made public by the Minister, required to be met with respect to work programs for a petroleum title of the kind concerned.
The Minister may require a person who makes an application to which this Schedule applies to furnish further information in connection with the application, including (if the applicant is a body corporate) information as to the extent to which the controlling power in the body corporate’s affairs is held by:
(a) a foreign company within the meaning of the Corporations Act 2001 of the Commonwealth, or
(b) a company registered under that Act that is taken for the purposes of that Act to be registered in a State or Territory other than New South Wales, or
(c) a natural person who is a resident of a foreign country.
The application may be refused if the applicant does not furnish that further information within the period specified by the Minister by written notice when the request for further information is made.
Without limiting the generality of any other provision of this Act, the Minister may refuse an application to which this Schedule applies on any one or more of the following grounds:
(a) the Minister considers that the applicant (or if the application relates to a transfer, the transferee) has an unsatisfactory compliance history,
(b) the Minister considers that the applicant (or if the application relates to a transfer, the transferee) does not meet the applicable minimum standards with respect to work programs and the technical and financial capability to carry out the proposed work program,
(c) the applicant has not paid any fee payable in connection with the application,
(d) the applicant has failed to lodge any information required to accompany the application within 10 business days after the application is lodged.
A petroleum title is subject to:
(a) any condition imposed by the Minister under this Schedule (including any variation of such a condition), and
(b) any condition imposed by or under section 45C (2), 83D or 106B, and
(c) any condition prescribed by the regulations.
Without limiting the generality of subclause (1), conditions imposed by the Minister or prescribed by the regulations may include conditions relating to the following:
(a) the development and conduct of petroleum operations,
(b) environmental management, protection and rehabilitation, including requiring the holder of the title:
(i) to carry out activities or not to carry out activities in order to protect, prevent, control or mitigate harm to the environment, and
(ii) to rehabilitate land or water that is or may be affected by activities under the petroleum title,
(c) compliance with codes of practice or sets of standards published by any person or body,
(d) ensuring the safety of the public in relation to prospecting and mining operations,
(e) the administration of petroleum titles,
(f) community relations,
(g) requiring the holder to provide the Minister with reports detailing any non-compliance with the conditions of the petroleum title, or any requirements of this Act or the regulations relating to activities under the petroleum title, and any action taken, or to be taken, to prevent any recurrence, or to mitigate the effects of that non-compliance.
Any obligation imposed on the holder of a petroleum title in relation to environmental management, protection and rehabilitation:
(a) continues to have effect despite the cancellation of the petroleum title or it ceasing to have effect, and
(b) can be imposed despite anything to the contrary in section 93 of the Environmental Planning and Assessment Act 1979.
Unless an exemption from conditions imposed by the regulations applies, in the event of an inconsistency between conditions imposed by the Minister and those imposed by the regulations, the conditions imposed by the regulations prevail to the extent of any inconsistency.
The Minister may impose conditions on a petroleum title:
(a) at the time of the grant of the petroleum title, or
(b) at any later time, as permitted by this Schedule.
A condition imposed by the Minister takes effect as follows:
(a) if the condition is imposed on the grant of a petroleum title—when the grant takes effect,
(b) if the condition is imposed on the renewal of a petroleum title—when the renewal takes effect,
(c) if the condition is imposed when a full or partial transfer of a petroleum title is approved under this Act—when the transfer is registered under this Act,
(d) if the condition is a variation under clause 9—as provided by clause 9 (7),
(e) in any other case—when written notice of the imposition of the condition is served on the holder of the petroleum title or at a later time specified in the notice.
The Minister may, by order published in the Gazette, exempt the holder of a petroleum title from compliance with a condition imposed by the regulations.
An exemption may be granted subject to conditions.
An exemption may:
(a) apply generally or be limited in its application by reference to specified exceptions or factors, and
(b) apply differently according to different factors of a specified kind, and
(c) be granted for a specified period or for an indefinite period, and
(d) if granted for a specified period—be granted before, during or after that period.
The Minister may vary or revoke an exemption (including by imposing, varying or revoking a condition of the exemption) at any time by notice in writing to the holder of the petroleum title.
The regulations may make provision for or with respect to exemptions.
The Minister may vary a petroleum title (including the conditions of a petroleum title).
A variation of a petroleum title may include:
(a) the attaching of a condition to a petroleum title (whether or not any conditions have already been attached), or
(b) the substitution of a condition, or
(c) the omission of a condition, or
(d) the amendment of a condition, or
(e) the variation of the instrument by which a petroleum title is granted, including so as to:
(i) update the instrument, or
(ii) correct a minor error or misdescription, or
(iii) consolidate variations made to the petroleum title.
A petroleum title may be varied on application by the holder of the petroleum title or on the initiative of the Minister.
Except in the case of the renewal or transfer of a petroleum title, the Minister is not to vary a prescribed condition subsequent to the grant of the petroleum title unless the Minister:
(a) has given the holder of the petroleum title notice of the draft variation, and
(b) has invited the making of submissions to the Minister about the proposed variation and specified a deadline for the making of those submissions that is at least 28 days after the publication of the notice, and
(c) has either received such submissions and has taken them into consideration or has not received any such submission after the deadline has elapsed.
A petroleum title may be varied at any time during its currency, including on its being transferred to another person.
A petroleum title is varied by notice in writing given to the holder of the petroleum title.
The variation of a condition by the Minister takes effect as follows:
(a) if the condition is varied on the renewal of a petroleum title—when the renewal takes effect,
(b) if the condition is varied when a full or partial transfer of a petroleum title is approved under this Act—when the transfer is registered under this Act,
(c) if a prescribed condition is varied other than at the renewal of a petroleum title or when a full or partial transfer of a petroleum title is approved under this Act—28 days after written notice of the variation of the condition is served on the holder of the petroleum title or at a later time specified in the notice,
(d) in any other case—when written notice of the variation of the condition is served on the holder of the petroleum title or at a later time specified in the notice.
This clause does not apply to a condition that is prescribed by the regulations.
In this clause:
(a) imposed on the application of the holder of the petroleum title, or
(b) imposed under section 83D or 106B.
Before a regulation is made that varies any condition of a petroleum title imposed by the regulations, the Minister is required to ensure that:
(a) a notice is published in a daily newspaper circulating throughout New South Wales:
(i) stating the objects of the proposed regulation, and
(ii) advising where a copy of the regulation may be obtained or inspected, and
(iii) inviting comments and submissions within a specified time, but not less than 28 days from publication of the notice, and
(b) all the comments and submissions received within the time specified in the notice are considered.
For the purposes of this clause, a regulation varies a condition of a petroleum title if the regulation:
(a) imposes a new condition (whether or not any conditions have already been imposed), or
(b) substitutes a condition imposed by the regulations, or
(c) omits a condition imposed by the regulations, or
(d) amends a condition imposed by the regulations.
The Minister may (whether on the application of the holder of the petroleum title or on the initiative of the Minister) suspend any of the conditions of a petroleum title for such period, or until the happening of such event, as the Minister may determine.
The suspension of conditions of a petroleum title may be granted unconditionally or subject to such conditions as the Minister may consider appropriate.
The suspension of the conditions of a petroleum title takes effect on the date on which written notice of the suspension is served on the holder of the petroleum title or on such later date as may be specified in the notice.
An application for suspension of the conditions of a petroleum title may be withdrawn by means of a notice of withdrawal signed by the applicant and lodged with the Minister.
The application ceases to have effect when the notice is lodged.
The withdrawal of an application under this clause is irrevocable.
The Minister may vary the suspension of the conditions of a petroleum title (including the conditions to which the suspension is subject).
A variation includes the attaching of a condition to the suspension, the substitution of a condition, the omission of a condition or the amendment of a condition.
A suspension of the conditions of a petroleum title is varied by notice in writing given to the holder of the petroleum title.
The suspension of any condition of a petroleum title under this clause does not prevent any action being taken under this Act in respect of the petroleum title (including variation under clause 9).
This clause does not apply to a condition that is prescribed by the regulations.
Insert at the end of the Schedule with appropriate Part and clause numbering:
In this Part:
An application for a petroleum title, or transfer or renewal of a petroleum title, made but not decided before the commencement of this clause and that complied with this Act, as in force before the Act’s amendment by the 2015 amending Act, is taken to have been duly made under this Act, as amended.
A notification under section 9 (1) (a) that was in force immediately before the amendment of section 9 (1) by the 2015 amending Act is taken to have been made under section 9 (1) as amended by the 2015 amending Act.
A work program that accompanied an application for a petroleum title before the replacement of section 14 by the 2015 amending Act, and that complied with section 14 (and the regulations) as in force immediately before the substitution of the section, is taken to comply with section 14 as substituted.
Subject to this Part, a condition of a petroleum title, in force under section 23 immediately before the repeal of that section by the 2015 amending Act, continues to have effect and is taken to be a condition imposed under Schedule 1B.
A condition of a petroleum title that was, immediately before the repeal of section 24 by the 2015 amending Act, suspended, is taken to have been suspended under clause 11 of Schedule 1B, on the date of the original suspension.
Any condition to which an exploration licence was subject immediately before the commencement of section 31A, as inserted by the 2015 amending Act, that requires approval to carry out operations and that is identified in the licence using one of the following phrases is void:
(a) Category 1 prospecting operations,
(b) Category 2 prospecting operations,
(c) assessable prospecting operations.
However, an approval granted pursuant to a condition referred to in subclause (1) that was in force immediately before the commencement of this clause is taken to be an activity approval granted under section 31A and can be varied or voluntarily cancelled accordingly.
An application for approval to carry out prospecting operations made in compliance with a condition imposed on an assessment lease, being an application that had not been dealt with before the commencement of section 36A, as inserted by the 2015 amending Act, is to be dealt with in accordance with section 36A, as if it had been made under that section.
For the avoidance of doubt, compliance with section 31A or 36A is required in respect of any assessable prospecting operation carried out after the commencement of the section, even if it began before the commencement of the section.
A direction given under section 77, as in force before its substitution by the 2015 amending Act, and having effect immediately before that substitution, continues in force after that amendment as if section 77 had not been substituted.
A person who, on the repeal of section 113 by the 2015 amending Act, was constituted as an inspector by that section is, on that repeal, taken to be an inspector appointed under section 361 of the Mining Act 1992 until whichever of the following first occurs:
(a) the person is appointed as an inspector under section 361 of the Mining Act 1992,
(b) the Secretary revokes the person’s appointment under subclause (2),
(c) a day occurs that is one year after the day on which this clause commences.
The Secretary may revoke the appointment of a person who is taken to be appointed as an inspector under this clause or may subject the appointment to conditions, limitations or restrictions.
A notice that had effect under section 129 immediately before the commencement of the 2015 amending Act, and was issued by a person who, on the repeal of section 113 by the 2015 amending Act, was constituted as an inspector by that section, is taken to have been issued under this Act, as amended, and can be amended and revoked.
Sections 113M and 113N, as inserted by the 2015 amending Act, do not apply to information about harm caused, or likely to be caused, to the environment obtained by the Secretary before the commencement of those sections.
Section 125D, as inserted by the 2015 amending Act, extends to information given after the commencement of that section in compliance with a a notice given or condition imposed under this Act before the commencement of that section if the time by which, or period within which, the notice or condition must have been complied with had not expired immediately before that commencement.
Section 125M, as inserted by the 2015 amending Act, does not extend to offences committed before the commencement of that section for which proceedings had not been commenced when the section commenced.
Omit Schedule 3.7.
Environmental Planning and Assessment Act 1979 No 203Omit “s 9” from the matter relating to the Petroleum (Onshore) Act 1991 in the table to section 91 (1).
Insert instead “s 16”.
Fines Act 1996 No 99Omit “Petroleum (Onshore) Act 1991, section 137A”.
Insert instead “Petroleum (Onshore) Act 1991, section 125N”.
Law Enforcement (Powers and Responsibilities) Act 2002 No 103Omit “Petroleum (Onshore) Act 1991, section 104”.
Insert instead “Petroleum (Onshore) Act 1991, section 104A”.
Offshore Minerals Act 1999 No 42Omit the section. Insert instead:
After considering an application for the renewal of an exploration licence, the Minister may:
(a) provisionally renew the licence, or
(b) refuse to renew the licence.
Under section 89, the renewal of the licence cannot be effective before it is registered (see section 334 for registration). The renewal will not be registered until it has been properly accepted (see section 114 for
Under section 118, new conditions may be imposed on renewal.
Omit “section 7, 77, or 136A of the Petroleum (Onshore) Act 1991” from paragraph (a) of the definition of
Insert instead “section 7, 78A or 125E of the Petroleum (Onshore) Act 1991”.
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