Mining (General) Amendment (Miscellaneous) Regulation 2003 (NSW)

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2003 No 405

New South Wales

Mining (General) Amendment

(Miscellaneous) Regulation 2003

under the

Mining Act 1992

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

KERRY ARTHUR HICKEY, M.P.,

Minister for Mineral Resources

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

(a) to provide that, for the purposes of section 11A of the Mining Act 1992, certain activities are taken not to be prospecting or mining, and
(b) to reduce the amount of deferred compensation to be paid by titleholders into a Warden’s Court on the grant of mineral claims and opal prospecting licences from $10 to nil.

This Regulation is made under the Mining Act 1992, including sections 11A (Certain activities taken not to be prospecting or mining), 266 (Compensation arising under mineral claim), 267 (Compensation arising under opal prospecting licence) and 388 (the general regulation-making power).

Published in Gazette No 104 of 27 June 2003, page 6151 Page 1
2003 No 405
Clause 1 Mining (General) Amendment (Miscellaneous) Regulation 2003

Mining (General) Amendment (Miscellaneous)

Regulation 2003

under the

Mining Act 1992

1      Name of Regulation

This Regulation is the Mining (General) Amendment
(Miscellaneous) Regulation 2003.

2 Amendment of Mining (General) Regulation 1997

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

Schedule 1.

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2003 No 405

Mining (General) Amendment (Miscellaneous) Regulation 2003

Amendments Schedule 1
Schedule 1 Amendments

(Clause 2)

[1]      Clause 10A Activities taken not to be prospecting or mining

Omit clause 10A (1). Insert instead:

(1) For the purposes of section 11A of the Act, any activity
carried out for the purpose of recovering:
(a) halite (including solar salts), or
(b) magnesium salts, or
(c) potassium salts, or
(d) sodium salts,
from evaporation basins is taken not to be prospecting or mining if the person who carries out the activity has first given notice of the person’s intention to do so to the Director- General.

[2]      Clause 10A (1B)

Insert after clause 10A (1A):

(1B) For the purposes of section 11A of the Act, any activity carried out on the land described in Schedule 8 (and shown by some distinctive marking on the maps marked “Hunter Enviro-Mining” held in the Department) by Hunter Enviro- Mining (Operations) Pty Limited (ABN 84 096 170 633) for or in connection with the use of the land for the environmental rehabilitation of coal reject emplacement sites (including the extraction of material for the purpose of recovering minerals from the material) is taken not to be prospecting or mining.

[3]      Clause 10A (2)

Omit “subclause (1) or (1A)”. Insert instead “subclause (1), (1A) or (1B)”.

[4]      Clause 10A (3)

Insert after clause 10A (2):

(3) In this clause:

evaporation basins means natural depressions, modified natural depressions or man-made structures into which saline groundwater or surface water is pumped or drained for

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2003 No 405

Mining (General) Amendment (Miscellaneous) Regulation 2003

Schedule 1 Amendments

disposal by evaporation, in association with the mitigation or
prevention of salinisation of land or water resources.

[5]      Clause 31A Compensation arising under mineral claim

Omit “$10”. Insert instead “nil”.

[6]      Clause 34A Compensation arising under opal prospecting licence

Omit “$10”. Insert instead “nil”.

[7]      Schedule 8

Insert after Schedule 7:

Schedule 8 Description of land for activities
carried out by Hunter Enviro-Mining
(Operations) Pty Limited (Clause 10A (1B))

Part 1 Abandoned pit top areas

Coordinates of

Name of approximate centre of
site Property description site
Aberdare State Forest situated to the south of 337480 E 1359810 N (ISG
South Howells Road and to the east of Zone 56/1), 350496 E
Pit Top Ferguson Road Abernathy and Part 6360174 N (MGA Zone 56)
Lot 542 DP 39553, Parish of Cessnock,
County of Northumberland.
Abermain Crown land situated on the southern 339810 E 1367820 N (ISG
No 1 side of the South Maitland Railway at Zone 56/1), 352673 E
Pit Top Abermain, Parish of Stanford, County 6368226 N (MGA Zone 56)
of Northumberland.
Abermain An irregularly shaped parcel (located 338630 E 1365840 N (ISG
No 1 on 2 parcels of Crown land) situated Zone 56/1), 351531 E
Colliery between the Villages of Neath and 6366224 N (MGA Zone 56)

Shaft 3

Kearsley, the South Maitland Railway and Neath Road, within the Parish of Stanford, County of Northumberland.

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Mining (General) Amendment (Miscellaneous) Regulation 2003

Amendments Schedule 1

Coordinates of

Name of approximate centre of
site Property description site
Elrington Part Lot 28 DP 844871 & Part Lot 7 339225 E 1360853 N (ISG
DP 263182, Parish of Stanford, County Zone 56/1), 352220 E
of Northumberland, and Part Lot 20 6361250 N (MGA Zone 56)
DP 778222, Parish of Stanford, County
of Northumberland.
Hebburn Part Lot 203 DP 829425, Parish of 342445 E 1367255 N (ISG
No 1 Stanford, County of Northumberland. Zone 56/1), 355318 E
6367711 N (MGA Zone 56)
Pelaw Part Crown land (partially covered by 344490 E 1366395 N (ISG
Main Pit ALC 4243) located south of Mulbring Zone 56/1), 357379 E
Top Street, Pelaw Main, Parish of Stanford, 6366890 N (MGA Zone 56)
County of Northumberland.
Pinkeye Crown land (partially covered by ALC 341822 E 1367350 N (ISG
4250) located to the south of Weston Zone 56/1), 354694 E
on the southern side of the South 6367794 N (MGA Zone 56)

Maitland Railway and bordered in the east by Lot 203 DP 829425, Parish of Stanford, County of Northumberland. Lot 203 DP 829425, located to the

south of Weston, Parish of Stanford,
County of Northumberland.

Part 2 Chitter emplacements outside pit top areas

Coordinates of

Name of approximate centre of
area Property description area
Abermain Crown land (almost entirely covered 340718 E 1366659 N (ISG
South by ALC 4250) situated on the western Zone 56/1), 353603 E
side of Hebburn Road, south of the 6367083 N (MGA Zone 56)

South Maitland Railway and southeast of the Township of Abermain, Parish of Stanford, County of Northumberland.

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Mining (General) Amendment (Miscellaneous) Regulation 2003

Schedule 1 Amendments

Coordinates of

Name of approximate centre of
area Property description area
Hospital Part Lot 203 DP 829425, Parish of Road commences at 340777
Road Stanford, County of Northumberland. E 1364724 N (ISG Zone 56/
Part Crown land located on the eastern 1), 353699 E 6365149 N
side of Hebburn Road, Parish of (MGA Zone 56) and ends at
Stanford, County of Northumberland. 342589 E 1365672 N (ISG
Zone 56/1), 355492 E
6366131 N (MGA Zone 56)

Part 3 Rail emplacements

Coordinates of

Name of commencement and
site Property description end points
Rail Line Part Crown land parcel fronting Lake Rail line commences at
Abermain Road at Kearsley, Parish of Stanford, 337205 E 1362311 N (ISG
No 2 to County of Northumberland. Zone 56/1), 350173 E
Aberdare Part Crown land comprising a narrow 6362669 N (MGA Zone 56)
South north-south corridor that follows the and ends at 337516 E
eastern side of Kearsley Road, Part PT 1360041 N (ISG Zone 56/
DP 755259, Parish of Stanford, County 1), 350527 E 6360406 N
of Northumberland and Part PT DP (MGA Zone 56)
755215, Parish of Cessnock, County of
Northumberland.
Rail Line Part Lot 203 DP 829425, Parish of Rail line commences at
Hebburn Stanford, County of Northumberland 342439 E 1367555 N (ISG
No 1 to and Part of several Crown land parcels: Zone 56/1), 355307 E
Pelaw Lot 697 DP 755231 Parish of Heddon, 6368011 N (MGA Zone 56)
Main Lot 332 DP 729940 Parish of Stanford, and ends at 344707 E
Lot 331 DP 729940 Parish of Stanford 1366490 N (ISG Zone 56/
and Crown land covering the Pelaw 1), 357594 E 6366989 N
Main pit top, Parish of Stanford, (MGA Zone 56)
County of Northumberland.

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2003 No 405

Mining (General) Amendment (Miscellaneous) Regulation 2003

Amendments Schedule 1

Coordinates of

Name of commencement and
site Property description end points
Rail Line Several parcels of Crown land dividing Rail line commences at
Pelaw Kurri Kurri in the north from Pelaw 344712 E 1366390 N (ISG
Main to Main and Stanford Merthyr in the Zone 56/1), 357601 E
Heddon south, Parishes of Stanford and 6366889 N (MGA Zone 56)
Greta Heddon, County of Northumberland. and ends at 346824 E
1368363 N (ISG Zone 56/
1), 359675 E 6368902 N
(MGA Zone 56).
Rail Line Rail line traverses four parcels of Rail line commences at
Pelaw Crown land within the Parish of 344712 E 1366489 N (ISG
Main to Stanford, County of Northumberland. Zone 56/1), 357599 E
Richmond Crown land encompassing Pelaw Main 6366988 N (MGA Zone 56)
Main East Colliery pit top. and ends at 346962 E
A narrow strip of Crown land that 1363778 N (ISG Zone 56/
bisects the urban area. 1), 359900 E 6364321 N
Crown land (almost entirely covered (MGA Zone 56)

Mulbring Street, Stanford Merthyr, on
the eastern side of Pelaw Main and
Leggets Lane.
Crown land (entirely covered by ALC
4242) located to the east of Crown land
No 3, bordered in the north by Lot 327

by ALC 4242) located south of lots including Lot 14 DP 716009.

Rail Line Crown land (covered by ALC 4250 on Rail line commences at
Pinkeye to the eastern side of Hebburn Road) 341219 E 1367093 N (ISG
Hebburn situated south of the South Maitland Zone 56/1), 351096 E
No 2 Railway and southeast of the Township 6367526 N (MGA Zone 56)
of Abermain, Parish of Stanford, and ends at 340471 E
County of Northumberland. 1363845 N (ISG Zone 56/
A narrow north-south section of Crown 1), 353409 E 6364265 N
land following the western side of (MGA Zone 56)
Hebburn Road southward to Hebburn
No 2.

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Mining (General) Amendment (Miscellaneous) Regulation 2003

Schedule 1 Amendments

Coordinates of

Name of commencement and
site Property description end points
Richmond Part Lot 2 DP 533820 & Lot 14 Rail line commences at
Main Rail DP 716009, Parish of Stanford, County 345380 E 1363337 N (ISG
Line of Northumberland. Zone 56/1), 358327 E
Part Lot 26 DP 879812 Parish of 6363850 N (MGA Zone 56)
Stanford, County of Northumberland. and ends at 347928 E
Part Lot 2 DP 986081, Parish of 1363628 N (ISG Zone 56/
Stockrington, County of 1), 360868 E 6364189 N
Northumberland. (MGA Zone 56)
Part Lot 4 DP 1000943, Parish of
Stockrington, County of
Northumberland.
Part Crown land parcels (entirely
covered by ALC 4242), Parish of
Stanford, County of Northumberland,
bordered in the south by several lots
including Lot 14 DP 716009 and
Lot 26 DP 879812.
Rail Line Traverses several Crown land parcels Rail line commences at
Abermain between Neath and Kearsley, Parish of 339512 E 1367347 N (ISG
No 1 to Stanford, County of Northumberland Zone 56/1), 352384 E
Abermain Commences on the southern side of 6367748 N (MGA Zone 56)
No 2 Cessnock Road and continues and ends on Lake Road at
southward along the western side of 337206 E 1362375 N (ISG
Neath Road. The easement crosses Zone 56/1), 350173 E
Neath Road at Kearsley and enters the 6362733 N (MGA Zone 56)
Abermain No 2 pit top area.

BY AUTHORITY

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