Mining Regulation 2010 (NSW)
This Regulation is the Mining Regulation 2010.
This Regulation commences on 15 November 2010 and is required to be published on the NSW legislation website.
This Regulation replaces the Mining Regulation 2003 which is repealed by clause 83 of this Regulation.
In this Regulation:
(a) a steel star picket, or
(b) a post with a diameter of at least 75 millimetres,
that is fixed in the ground and projects at least 1 metre above the ground.
Notes included in this Regulation do not form part of this Regulation.
The following information is prescribed as the
(a) details of any conviction under environment protection legislation or other relevant legislation in the 5 years immediately before the application is made, of:
(i) the person, and
(ii) if the person is a natural person—any corporation of which the person was a director at the time of the offence leading to that conviction, and
(iii) if the person is a corporation—each director of the corporation, any related corporation of the corporation and any other corporation of which a director was also a director at the time of the offence leading to that conviction,
(b) details of any of the following approvals under environment protection legislation or other relevant legislation if the approval has been revoked or suspended in the 5 years immediately before the application is made:
(i) any approval held by the person,
(ii) any approval held by a corporation of which the person was a director at the time of the revocation or suspension,
(iii) if the person is a corporation—any approval held by a related corporation of the corporation and any other corporation of which a director of the person was also a director.
In this clause,
The substances listed in Schedule 1 are prescribed as minerals for the purposes of the definition of
The groups of minerals listed in Schedule 2 are prescribed as groups of minerals for the purposes of the definition of
In relation to an application for an exploration (mineral owner) licence or to an exploration (mineral owner) licence that is in force,
The following purposes are prescribed as mining purposes for the purposes of the definition of
(a) the construction, maintenance or use (in or in connection with mining operations) of any one or more of the following:
(i) any building or mining plant,
(ii) any road, railway, tramway, bridge or jetty,
(iii) any reservoir, dam, drain or water race,
(iv) any cable, conveyor, pipeline, telephone line or signalling system,
(v) any bin, magazine or fuel chute,
(vi) any plant nursery,
(b) opal puddling,
(c) the removal, stockpiling, management or depositing of overburden, ore or tailings to the extent that it is associated with mineral extraction or mineral beneficiation,
(d) the storage of fuel, machinery, timber or equipment for use in or in connection with mining operations,
(e) the generation and transmission of electricity for use in or in connection with mining operations,
(f) the construction, maintenance and use (in or in connection with mining operations) of any drillhole or shaft for:
(i) drainage of gas, or
(ii) drainage or conveyance of water, or
(iii) ventilation, or
(iv) conveyance of electricity, or
(v) conveyance of materials, or
(vi) communications, or
(vii) emergency access to underground workings.
For the purposes of the definition of
Any person may apply to the Secretary for recognition as a landholder of a particular parcel of land.
The application must indicate the grounds on which the applicant claims to be a landholder of the land.
The Secretary may require the application to be verified by statutory declaration.
The Secretary must decide whether or not to recognise the applicant as a landholder of the land and must cause written notice of the decision to be given to the applicant as soon as practicable after it is made.
The Secretary may at any time, by notice in writing served on the person, withdraw a person’s recognition as a landholder of specified land.
The Secretary must cause a register to be maintained in which the following particulars are to be recorded:
(a) particulars identifying each parcel of land in respect of which the Secretary recognises any person as being a landholder,
(b) the name and address of each such person.
The register is to be kept available at the Maitland office of the Department for inspection, free of charge, by members of the public.
A map is a standard map for the purposes of this Regulation if it shows the alignment of the boundaries of the land to which it relates relative to the Map Grid of Australia and shows the coordinates of all points where there is a change in the direction of the boundaries and the map is:
(a) a standard topographic or cadastral map at the scale of:
(i) 1:25,000, or
(ii) if a map at the scale of 1:25,000 is not available—1:50,000, or
(iii) if a map at the scale of 1:25,000 or 1:50,000 is not available—1:100,000,
published by the Land and Property Management Authority, the Department of Industry and Investment or Geoscience Australia, or
(b) if a map referred to in paragraph (a) is not available—a cadastral map published by a Government Department or public authority, whether of New South Wales or of the Commonwealth, or
(c) if maps referred to in paragraphs (a) and (b) are not available—an aerial photograph, a satellite image or topographic map of a standard acceptable to the Secretary.
For the purposes of this Regulation, the surface of the Earth is taken to be divided into graticular sections:
(a) by the meridian of Greenwich and by the meridians that are at a distance from that meridian of 5 minutes, or a multiple of 5 minutes, of longitude, and
(b) by the equator and by parallels of latitude that are at a distance from the equator of 5 minutes, or a multiple of 5 minutes, of latitude,
each graticular section being bounded:
(c) by portions of 2 of those meridians that are at a distance from each other of 5 minutes of longitude, and
(d) by portions of 2 of those parallels of latitude that are at a distance from each other of 5 minutes of latitude.
Each graticular section is taken to be divided into 25 units, each unit being bounded:
(a) by portions of 2 meridians (being the meridian of Greenwich or the meridians that are at a distance from that meridian of 1 minute, or a multiple of 1 minute, of longitude) that are at a distance from each other of 1 minute of longitude, and
(b) by portions of 2 parallels of latitude (being the equator or parallels of latitude that are at a distance from the equator of 1 minute, or a multiple of 1 minute, of latitude) that are at a distance from each other of 1 minute of latitude.
The Minister may, by order published in the Gazette, exempt any person or class of persons from the operation of section 6 of the Act with respect to the carrying out of a particular mining purpose, or a class of mining purposes, that is specified for the purposes of that section.
Any soil, rock or other material that is disturbed in the course of work carried out for the purpose of fossicking for minerals must:
(a) be removed and stockpiled separately, and
(b) after completion of the work, be replaced in order to reconstruct the original soil profile.
Maximum penalty: 50 penalty units.
A person must not carry out work that includes any of the following activities for the purpose of fossicking:
(a) the use of any equipment other than hand-held implements on any land or waters that is subject to native title,
(b) the excavation or clearing of any land or waters that is subject to native title,
(c) the use of power-operated equipment for the purpose of surface disturbance, excavation or processing on any land,
(d) the use of explosives on any land,
(e) the damage or removal of any bushrock,
(f) the removal of more than the prescribed amount of material from any land during any single period of 48 hours,
(g) the disturbance of more than 1 cubic metre of any soil, rock or other material during any single period of 48 hours.
Maximum penalty: 50 penalty units.
The language of part of this subclause mirrors the language of part of section 24LA (Low impact future acts) of the Native Title Act 1993 of the Commonwealth. That section refers, in part, to an act (in relation to particular land or waters) that does not consist of, authorise or otherwise involve “the excavation or clearing of any of the land or waters” or “mining (other than fossicking by using hand-held implements)”.
In this clause:
Group 6 and Group 7 minerals are listed in Schedule 2.
(a) 10 kilograms of mineral-bearing material (other than the material referred to in paragraphs (b)–(e)), or
(b) 5 kilograms of minerals (other than gold or gemstones), or
(c) 50 grams of gold (except where found as nuggets of 10 grams or greater), or
(d) 5 nuggets of 10 grams or greater of gold, or
(e) 100 grams of gemstones.
The Minister may, by order published in the Gazette, declare that a specified activity, or a specified class of activity, is not prospecting or mining for the purposes of the Act.
For the purposes of section 11A of the Act, any activity carried out on the following land by Sita Australia Pty Ltd (ACN 002 902 650) for or in connection with the use of the land for waste disposal (including the extraction of material for the purpose of recovering minerals from the material) is declared not to be prospecting or mining for the purposes of the Act:
• The land within Reserve No 3228 (constituted under section 367 of the Act by an order published in Gazette No 141 of 17 November 1995 at page 7866), being land situated at Badgerys Creek and having an area of approximately 56.7 hectares.
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 not 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 Secretary.
For the purposes of section 11A of the Act, any activity carried out on the land described in Schedule 3 (and shown by some distinctive marking on the maps marked “Hunter Enviro-Mining” held in the Department) by Hunter Enviro-Mining (Operations) Pty Limited (ACN 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 not prospecting or mining.
A person who carries out any activity that is declared not to be prospecting or mining for the purposes of the Act must pay a royalty to the Crown in respect of any publicly owned minerals recovered as a consequence of the carrying out of that activity.
In this clause,
For the purposes of section 13 (5) (f) of the Act, the following information is prescribed:
(a) the environmental performance record of the applicant,
(b) in the case of an exploration (mineral owner) licence:
(i) the privately owned mineral or minerals in relation to which the licence is sought, and
(ii) evidence of the applicant’s ownership of any such mineral.
For the purposes of confirming an applicant’s ownership of any mineral, the Secretary may require the applicant to provide further information, which may include written advice from an Australian legal practitioner certifying that the relevant evidence establishes that the applicant owns the mineral.
For the purposes of section 13A (1) of the Act, the prescribed period is within 45 days after receipt of confirmation from the Secretary that the application has been lodged.
For the purposes of section 13A (2) (c) of the Act, the notice of an application for an exploration licence must be in the form, and include the information, required by the Secretary.
For the purposes of section 25 (1) of the Act, the land over which an exploration licence is granted must be measurable in units, but any area of land to which the exploration licence does not apply may be excluded from any particular unit.
Despite subclause (1), the land over which an exploration (mineral owner) licence or an exploration licence is granted in respect of a Group 9 or Group 9A mineral may be of any shape or size.
For the purposes of section 32D (4) of the Act, a low-impact exploration licence is not to be granted during the period of 4 months following service of the notice of the application for the licence on the representative bodies referred to in section 32D (1) (c) of the Act.
For the purposes of section 113 (3) of the Act, the following information is prescribed:
(a) the licence number or other identifying code for the licence and the date of expiry of the licence,
(b) the contact details of the current licence holder,
(c) a rehabilitation cost estimate in relation to the licence,
(d) particulars of the financial resources and relevant technical advice available to the applicant,
(e) a renewal justification statement, that is, a statement that contains the following information:
(i) details of the operations carried out on the land comprised in the licence during the current term of the authority, including the following:
(A) the types of operations carried out,
(B) a map showing the location of operations carried out,
(C) any expenditure incurred in relation to those operations,
(ii) a summary of the results of such operations and the conclusions reached in relation to the potential resources of the land comprised in the licence,
(iii) a statement giving the reasons that the applicant considers the renewal to be justified,
(f) a work program for the proposed term of renewal that complies with the requirements of section 129A of the Act.
In the case of an application for the renewal of an exploration licence in respect of part only of the land subject to the licence, the prescribed manner of describing the land over which renewal of the licence is sought is by means of:
(a) in the case of an exploration licence for Group 9 minerals—a standard map showing the boundaries of the land, or
Note— Group 9 minerals are listed in Schedule 2.
(b) in the case of an exploration (mineral owner) licence—the lot and deposited plan numbers of the land, or
(c) in any other case—the area, block and unit references identifying the land, as determined in accordance with Schedule 4.
For the purposes of section 113 (6) of the Act, the maximum number of parts of an exploration area in respect of which an application for the renewal of an exploration licence may be made is 5.
In the case of an application for the cancellation of an exploration licence in respect of part only of the land subject to the licence, the prescribed manner of describing the land in respect of which the licence is to be cancelled is by means of:
(a) in the case of an exploration licence for Group 9 minerals—a standard map showing the boundaries of the land, or
Note— Group 9 minerals are listed in Schedule 2.
(b) in the case of an exploration (mineral owner) licence—the lot and deposited plan numbers of the land, or
(c) in any other case—the area, block and unit references identifying the land, as determined in accordance with Schedule 4.
For the purposes of section 13C (2) (a) of the Act, the following are prescribed as
(a) in relation to applications by holders of exploration licences or assessment leases—the purpose of both developing a better mine design proposal and recovering coal resources that would otherwise be likely to be sterilised,
(b) in relation to applications by holders of mining leases, each of the following:
(i) the purpose of extending the life of a mine,
(ii) the purpose of developing a better mine design,
(iii) the purpose of recovering coal resources that would otherwise be likely to be sterilised,
(iv) the purpose of obtaining an exploration licence for coal over the subsoil above or below the stratum to which the mining lease concerned relates or over the surface above the land to which that mining lease relates.
For the purposes of section 13C (2) (b) of the Act, if the operational allocation purpose for which the relevant application under section 13C (1) of the Act is made is:
(a) one referred to in subclause (1) (a) or (b) (i), (ii) or (iii)—the area of land to which the application relates must not exceed an area equivalent to 33% of the area of the land to which the exploration licence, assessment lease or mining lease concerned relates, or
(b) one referred to in subclause (1) (b) (iv)—the boundary of subsoil or the surface area of the land to which the application relates must not exceed the boundary of the area of land to which the mining lease concerned relates.
For the purposes of section 33 (5) (h) of the Act, the following information is prescribed:
(a) the environmental performance record of the applicant,
(b) in the case of an assessment (mineral owner) lease:
(i) the privately owned mineral or minerals in relation to which the licence is sought, and
(ii) evidence of the applicant’s ownership of any such mineral.
For the purposes of confirming an applicant’s ownership of any mineral, the Secretary may require the applicant to provide further information, which may include written advice from an Australian legal practitioner certifying that the relevant evidence establishes that the applicant owns the mineral.
For the purposes of section 33A (1) of the Act, the prescribed period is within 45 days after receipt of confirmation from the Secretary that the application has been lodged.
For the purposes of section 33A (2) (c) of the Act, the notice of an application for an assessment lease must be in the form, and include the information, required by the Secretary.
For the purposes of section 113 (3) of the Act, the following information is prescribed:
(a) the lease number or other identifying code for the lease and the date of expiry of the lease,
(b) the contact details of the current lease holder,
(c) a rehabilitation cost estimate in relation to the lease,
(d) particulars of the financial resources and relevant technical advice available to the applicant,
(e) a renewal justification statement, that is, a statement that contains the following information:
(i) details of the operations carried out on the land comprised in the lease during the current term of the lease, including the following:
(A) the types of operations carried out,
(B) a map showing the location of operations carried out,
(C) any expenditure incurred in relation to those operations,
(ii) a summary of the potential resources on the land comprised in the lease,
(iii) a summary of the potential for the development of resources on the land comprised in the lease,
(iv) a statement giving the reasons that the applicant considers the renewal to be justified,
(f) a work program for the proposed term of renewal that complies with the requirements of section 129A of the Act.
In the case of an application for the renewal of an assessment lease in respect of part only of the land subject to the lease, the prescribed manner for describing the land over which renewal of the lease is sought is by means of:
(a) a standard map showing the boundaries of the land, or
(b) in the case of an application in respect of an assessment (mineral owner) lease—the lot and deposited plan numbers of the land, or
(c) a description of the area, block and unit references identifying the land, as determined in accordance with Schedule 4.
In the case of an application for the cancellation of an assessment lease as to part only of the land to which the lease relates, the prescribed manner for describing the land in respect of which the lease is to be cancelled is by means of:
(a) a standard map showing the boundaries of the land, or
(b) in the case of an assessment (mineral owner) lease—the lot and deposited plan numbers of the land, or
(c) a description of the area, block and unit references identifying the land, as determined in accordance with Schedule 4.
For the purposes of section 51 (5) (f) of the Act, the following information is prescribed:
(a) the environmental performance record of the applicant,
(b) in the case of a mining (mineral owner) lease:
(i) the privately owned mineral or minerals in relation to which the lease is sought, and
(ii) evidence of the applicant’s ownership of any such mineral.
For the purposes of confirming an applicant’s ownership of any mineral, the Secretary may require the applicant to provide further information, which may include written advice from an Australian legal practitioner certifying that the relevant evidence establishes that the applicant owns the mineral.
For the purposes of section 51A (1) of the Act, the prescribed period is within 45 days after receipt of confirmation from the Secretary that the application has been lodged.
For the purposes of section 51A (2) (c) of the Act, the notice of an application for a mining lease must be in the form, and include the information, required by the Secretary.
For the purposes of section 81 (1) of the Act, the following activities are prescribed:
(a) prospecting operations,
(b) the construction, maintenance and use (in or in connection with mining operations) of any drillhole or shaft for the following:
(i) drainage of gas,
(ii) drainage or conveyance of water,
(iii) ventilation,
(iv) conveyance of electricity,
(v) conveyance of materials,
(vi) communications,
(vii) emergency access to underground workings.
For the purposes of section 113 (3) of the Act, the following information is prescribed:
(a) the lease number or other identifying code for the lease and the date of expiry of the lease,
(b) the contact details of the current lease holder,
(c) a rehabilitation cost estimate in relation to the lease,
(d) a renewal justification statement, that is, a statement that contains the following information:
(i) details of the operations carried out on the land comprised in the lease during the current term of the lease, including the following:
(A) the types of operations carried out,
(B) a map showing the location of operations carried out,
(C) any expenditure incurred in relation to those operations,
(ii) a summary of the resources on the land comprised in the lease,
(iii) a statement giving the reasons that the applicant considers the renewal to be justified,
(e) a work program for the proposed term of renewal that complies with the requirements of section 129A of the Act.
In the case of an application for the renewal of a mining lease in respect of part only of the land subject to the mining lease, the prescribed manner of describing the land that will be subject to the mining lease if the application is approved is by means of:
(a) a plan prepared in accordance with the statutory surveying requirements, or
(b) in the case of a mining (mineral owner) lease—the lot and deposited plan numbers of the land.
In the case of an application for the cancellation of a mining lease in respect of part only of the land subject to the mining lease, the prescribed manner of describing the land in respect of which the lease is to be cancelled is by means of:
(a) a plan prepared in accordance with the statutory surveying requirements, or
(b) in the case of a mining (mineral owner) lease—the lot and deposited plan numbers of the land.
The Minister may, by order, declare that 2 or more mining leases are taken to be a single mining lease for the purpose of enabling the labour and expenditure conditions of those leases to be aggregated.
A declaration is subject to any conditions that the Minister thinks fit to impose.
The effect of a declaration is to allow the holder or holders of the mining leases concerned to comply with the labour and expenditure conditions of those leases, subject to any conditions on which the declaration is made, as if they were the conditions of a single mining lease over the whole of the land the subject of those mining leases.
If there is more than one holder of the mining leases to which a declaration under this clause applies, the holders are taken to be joint holders for the purposes of this clause.
An order under this clause takes effect on the date on which written notice of the order is served on the holder or holders of the mining leases concerned or on any later date that may be specified in the order.
For the purposes of section 86 (2) of the Act, the prescribed manner of describing the land over which a consolidated mining lease is proposed to be granted is by means of a compilation or survey of the various plans relating to the leases to be consolidated.
For the purposes of section 32EA (3) (b) of the Act, the following information is prescribed:
(a) a copy of the determination in respect of which a review is sought,
(b) a statement of reasons as to why the determination should be changed.
For the purposes of section 120 (2) of the Act, the following information is prescribed:
(a) the authority number or other identifying code for the authority that is to be transferred,
(b) the name of the holder of the authority,
(c) the name of the proposed transferee,
(d) the environmental performance record of the proposed transferee,
(e) in the case of the proposed transfer of a mining lease—details of how the land that is the subject of the proposed transfer will be mined,
(f) particulars of financial resources available to the proposed transferee,
(g) in the case of the proposed transfer of an exploration licence or an assessment lease—particulars of the proposed work program,
(h) particulars of any technical advice available to the proposed transferee,
(i) a rehabilitation cost estimate in relation to the authority proposed to be transferred,
(j) (Repealed)
(k) a description of the land prepared in accordance with subclause (2).
The prescribed manner of describing the land to be transferred in respect of an application for the partial transfer of an authority is by means of:
(a) in the case of an exploration licence:
(i) in respect of Group 9 minerals—a standard map showing the boundaries of the land, or
Note— Group 9 minerals are listed in Schedule 2.
(ii) in any other case—by means of the area, block and unit references identifying the land, as determined in accordance with Schedule 4, or
(b) in the case of an assessment lease:
(i) a standard map showing the boundaries of the land, or
(ii) the area, block and unit references identifying the land, as determined in accordance with Schedule 4, or
(c) in the case of a mining lease—a plan drawn in accordance with the statutory surveying requirements, or
(d) in the case of a mineral owner authority:
(i) the lot and deposited plan numbers of the land, or
(ii) a standard map showing the boundaries of the land.
This clause applies to the requirements contained in clauses 18 (2), 19, 22 (2), 23, 27 (2), 28 and 32 (2).
The Secretary may grant an exemption from, or vary, part or all of a requirement to which this clause applies if satisfied that:
(a) the requirement in whole or in part is unduly onerous, or
(b) the Department holds a current survey of the relevant boundaries of the land.
For the purposes of section 129A (1) (d) of the Act, a work program for an exploration licence or an assessment lease must include particulars of the estimated amount of money that the applicant proposes to spend on carrying out operations and activities on the land comprised in the licence or lease.
For the purposes of section 159 (2) of the Act, the record required to be kept must be kept in written or electronic form and must contain the following particulars:
(a) the application number, the departmental file number, the type of authority and its authority number or other identifying code,
(b) the date on which the authority was first granted and, if relevant, the date of the expiration or cancellation of the authority,
(c) the name and address of each applicant or holder of the authority,
(d) the address of each applicant or holder of the authority, or of the registered office of any such person,
(e) a description of the authority area,
(e1) the annual rental fee area for an authority granted or proposed to be granted, if the Secretary is required to keep a record of the annual rental fee area under Division 2 of Part 7A,
(f) the mineral or minerals, or the group or groups of minerals, to which the authority relates,
(g) in the case of a mining lease granted in respect of one or more mining purposes—the mining purpose or mining purposes to which the authority relates,
(h) the period for which the authority is to have effect,
(i) the current status of the authority (for example, “current”, “expired” or “cancelled”),
(j) any interest in the authority registered under section 161 of the Act,
(k) the amount of security that is required or held in relation to the authority,
(l) the royalty rate that applies to the authority,
(m) the name and address of the colliery or mine to which the authority relates, if relevant.
For the purposes of sections 159 (3) and 161 (9) of the Act, the prescribed offices of the Department are the Maitland and Orange offices.
For the purposes of section 163 (1) of the Act, the register of colliery holdings must be kept in written form or by means of computer equipment.
For the purposes of section 163 (2) (b) of the Act, the register of colliery holdings must contain the following particulars for each colliery holding:
(a) the name and address of each person who has an interest in the colliery holding,
(b) a description of the land comprised in the colliery holding,
(c) the current status of the land (that is, “subject to mining lease” or “not subject to mining lease”).
For the purposes of section 163 (10) of the Act, the prescribed office of the Department at which the register of colliery holdings must be kept is Maitland.
For the purposes of section 163A (1) of the Act, the following information must be recorded in the register of mining subleases:
(a) details of the lease being sublet,
(b) a description of the sublease area,
(c) the term of the sublease, including the date of commencement and expiry,
(d) the name of each sublessee of the sublease area,
(e) the name of the primary lessee of the lease being sublet,
(f) the sublease number or other identifying code for the sublease.
For the purposes of section 163A (4) (f) of the Act, the following information must accompany an application for registration:
(a) the name and contact details of each sublessee,
(b) the consent of each sublessor,
(c) the date of commencement and expiry of the sublease,
(d) the consent of any persons with a registered interest in the lease being sublet.
For the purposes of section 163A (7) of the Act, an application to register, renew or vary a sublease is exempt from the requirement to obtain the approval of the Minister under section 163A (3) of the Act if:
(a) the sublessee is the leaseholder of an adjoining lease or sublease area, and
(b) the total sublease area (including the area of any adjoining subleases) does not exceed 100 hectares, and
(c) the term of the sublease does not exceed 5 years, including any consecutive sublease periods and options for extension.
For the purposes of section 163A (8) of the Act, the prescribed office of the Department at which the register of mining subleases must be kept is Maitland.
For the purposes of section 164 (1) of the Act, a right of way to which the holder of an authority (other than a mineral owner authority) is entitled is to be:
(a) indicated by marker posts located along the route of the right of way in accordance with this clause, or
(b) indicated or described in such other manner as is agreed in writing by the landholder and the holder of the authority.
The marker posts are to be located:
(a) at the start and finish of the right of way, and
(b) at intervals of not more than 250 metres, and
(c) at each point where the route of the right of way changes direction.
A marker post referred to in subclause (2) must bear a tag showing:
(a) the coordinates of the post’s position, and
(b) the authority number or other identifying code for the authority, and
(c) the name of the holder of the authority.
For the purposes of subclause (3) (a), the coordinates of a marker post:
(a) are to be established by means of a Global Positioning System device, and
(b) must be identified in the Map Grid of Australia coordinate system.
Provided that the requirements referred to in subclause (3) are met by each holder of an authority for which a marker post indicates the right of way, the same marker post may be used to indicate a right of way in relation to 2 or more authorities.
The holder of the authority must prepare a map of the right of way and cause copies of the map to be given to each landholder affected by the right of way.
A map referred to in subclause (6) must describe the route of the right of way (which must be no more than 10 metres wide) and must indicate the coordinates of the position of each picket or post.
Each holder of an authority who is entitled to the right of way must ensure that a marker post referred to in subclause (2) is properly maintained.
Maximum penalty: 20 penalty units.
For the purposes of section 164 (6) of the Act, the exercise of a right of way conferred by that section is subject to the following conditions:
(a) the holder of the authority who is entitled to the right of way is to pay to the landholder such amount, by way of compensation, as is agreed in writing by the holder of the authority and the landholder (or, in default of agreement, as is assessed by the Land and Environment Court at the request of the holder of the authority or the landholder),
(b) if the right of way passes over:
(i) any garden, orchard or land under cultivation, or
(ii) any land on which is situated a significant improvement,
being land that was, when the right of way was marked out, land of that nature, the holder of the authority who is entitled to the right of way is not to exercise the right of way otherwise than in accordance with the consent of the landholder.
For the purposes of section 176 (1) of the Act, a proposed claim area is to be marked out with marker posts located along the boundaries of the proposed claim area.
A marker post may be used to mark out more than one claim area (proposed or otherwise), but only with the written consent of each applicant for the mineral claim relating to that area or of each holder of that claim area.
The area marked out for a proposed mineral claim must, as far as practicable, be square or rectangular in shape and no side of the area may exceed 200 metres in length.
The marker posts are to be located at each point where the boundaries change direction.
The boundaries of the proposed claim area are to be indicated:
(a) by means of trenches at least 150 millimetres in depth, or
(b) if the cutting of trenches is impracticable, by means of stone walls at least 150 millimetres in height,
extending along the boundaries for a distance of at least one metre from each marker post.
If it is impractical to comply with subclause (5), steel direction indicators must be attached to each marker post showing the alignment of the claim boundaries. The steel direction indicators must be of a design acceptable to the Secretary.
There is to be attached to:
(a) the marker post indicating the northernmost corner of the proposed claim area, or
(b) if there are 2 or more such posts, the easternmost of them,
a board or plate (made of wood or metal) to which is fixed a notice of the proposed mineral claim.
The notice is to contain the following particulars:
(a) the words “MINERAL CLAIM” in block letters prominently displayed at the head of the notice,
(b) the dimensions of the land over which the proposed mineral claim has been marked out,
(c) the date on which the proposed mineral claim was marked out,
(d) the name and address of the applicant for the proposed mineral claim.
As soon as practicable (but not later than 14 days) after a mineral claim is granted, the holder of the claim must include the following particulars on the notice:
(a) the date on which the mineral claim was granted,
(b) the mineral claim number or other identifying code for the mineral claim.
The requirements of subclause (9) are satisfied if the holder of the mineral claim replaces the notice with a new notice containing the particulars required by subclauses (8) and (9).
The applicant for a mineral claim must ensure that any marker post and any notice required by this clause is properly maintained and replaced, if lost or damaged, until the application is determined and, if the claim is granted, while the claim is in force.
Maximum penalty: 20 penalty units.
For the purposes of section 176 (2) of the Act:
(a) the area marked out for a proposed mineral claim must, as far as practicable, be square or rectangular in shape, and
(b) no side of the area may exceed 200 metres in length.
For the purposes of section 177 (2) of the Act, the land to which an application for a mineral claim relates must be identified on a map of at least 1:100,000 scale that clearly indicates the extent and location of that land relative to property boundaries and man-made features such as roads, fences and buildings.
The notice of the proposed application for a mineral claim that is served on a landholder under section 177 of the Act must include a copy of an information sheet (if any) that:
(a) outlines a landholder’s right to object to the application, and
(b) has been prepared by the Secretary and made available to proposed applicants for the purposes of this subclause.
For the purposes of section 178 (2) (a) of the Act, an application for a mineral claim must identify the land to which the application relates in a manner that clearly indicates:
(a) the location of each marker post used to mark out the proposed claim area, and
(b) the length of each boundary of the proposed claim area, and
(c) the location of any right of way or routes giving access to the proposed claim area as provided for in an access management plan registered under section 236I of the Act.
The land must be identified by a map on which the land is shown in some distinctive manner, indicating the distance and bearing of each side of the proposed claim area and a connection, by distance and bearing, to a survey mark.
For the purposes of section 178 (2) (d) of the Act, the following information must accompany an application for the granting of a mineral claim:
(a) the name of the applicant,
(b) if the applicant is an individual—the date of birth of the applicant,
(c) the address and contact details of the applicant,
(d) if the applicant is a corporation—the name of each director of that corporation,
(e) the environmental performance record of the applicant,
(f) details of any other claims or areas applied for (whether or not held or applied for by the applicant) with which that claim will be worked as part of a single mining operation,
(g) details of the proposed method of mining,
(h) a copy of the notice required to be given under section 177 of the Act.
Despite clause 76 (1), an application for the granting of a mineral claim must be lodged as follows:
(a) in relation to land within the Lightning Ridge Mineral Claims District—in person at the Lightning Ridge office of the Department,
(b) in relation to land within the White Cliffs Mineral Claims District—in person at, or by post or facsimile to, the Lightning Ridge office of the Department.
Clause 76 contains provisions relating to the lodgment of applications.
For the purposes of section 190 (6) of the Act, the prescribed manner of determining the order in which simultaneous applications for mineral claims are to be dealt with is for the Secretary to conduct a lottery in accordance with the following provisions:
(a) the names of each of the applicants are to be written on separate tickets, each of the same size and shape,
(b) the tickets are to be placed in a box or other receptacle and thoroughly mixed,
(c) the Secretary is then, without looking, to select each of the tickets, one by one, from the box or receptacle.
The lottery may be conducted in the presence of any applicant or representative of an applicant.
The applications are to be dealt with in the order in which the tickets bearing the applicants’ names are drawn from the box or receptacle.
Despite clause 76 (1), an application for the renewal of a mineral claim must be lodged in person at, or by post or facsimile to, the Lightning Ridge office of the Department.
Clause 76 contains provisions relating to the lodgement of applications.
For the purposes of section 200 (2) (c) of the Act, an application for the transfer of a mineral claim must contain the following information:
(a) the mineral claim number or other identifying code for the mineral claim,
(b) the name of the holder of the mineral claim,
(c) the name of the proposed transferee,
(d) the environmental performance record of the proposed transferee,
(e) the consent of any person who has a registered legal or equitable interest in the mineral claim being transferred.
Despite clause 76 (1), an application for the transfer of a mineral claim must be lodged as follows:
(a) in relation to land within the Lightning Ridge Mineral Claims District—in person at the Lightning Ridge office of the Department,
(b) in relation to land within the White Cliffs Mineral Claims District—in person at, or by post or facsimile to, the Lightning Ridge office of the Department.
Clause 76 contains provisions relating to the lodgment of applications.
For the purposes of section 203 (2) (b) of the Act, the prescribed manner of describing the land in respect of which the claim is to be cancelled is by means of a map indicating the distance and bearing of each side of the area and a connection, by distance and bearing, to a survey mark.
For the purposes of section 211 (1) of the Act, a right of way to which the holder of a mineral claim is entitled under that section is to be:
(a) indicated by marker posts located along the route of the right of way in accordance with this clause, or
(b) indicated or described in such other manner as is agreed in writing between the landholder and the holder of the mineral claim.
The marker posts are to be located:
(a) at the start and finish of the right of way, and
(b) at intervals of not more than 250 metres, and
(c) at each point where the route of the right of way changes direction.
A marker post referred to in subclause (2) must bear a tag showing:
(a) the coordinates of the post’s position, and
(b) the mineral claim number or other identifying code for the mineral claim, and
(c) the name of the holder of the mineral claim.
For the purposes of subclause (3) (a), it is sufficient for the coordinates of a marker post to be established by means of a Global Positioning System device.
If a right of way is marked out in accordance with subclause (2), the holder of the mineral claim must prepare a map of the right of way and cause copies of the map to be given to each landholder affected by the right of way.
A map referred to in subclause (5) must describe the route of the right of way (which must be no more than 10 metres wide) and must indicate the coordinates of the position of each marker post that bears a tag referred to in subclause (3).
Each holder of a mineral claim who is entitled to the right of way must ensure that a marker post referred to in subclause (2) is properly maintained.
Maximum penalty: 20 penalty units.
For the purposes of section 211 (6) (a) of the Act, the exercise of a right of way conferred by that section is subject to the following conditions:
(a) the holder of the mineral claim who is entitled to the right of way is to pay to the landholder such amount, by way of compensation, as is agreed in writing by the holder of the mineral claim and the landholder (or, in default of agreement, as is assessed by the Land and Environment Court at the request of the holder of the mineral claim or the landholder),
(b) if the right of way passes over:
(i) any garden, orchard or land under cultivation, or
(ii) any land on which is situated a significant improvement,
being land that was, when the right of way was marked out, land of that nature, the holder of the mineral claim who is entitled to the right of way is not to exercise the right of way otherwise than in accordance with the consent of the landholder,
(c) the holder of the mineral claim who is entitled to the right of way is not to exercise the right of way before 7.00 am or after 6.00 pm, unless it is with the written consent of the landholder,
(d) the holder of the mineral claim who is entitled to the right of way is not to exercise the right of way during or less than 24 hours after wet weather, unless it is with the written consent of the landholder.
For the purposes of section 218B (9) of the Act, the prescribed office of the Department at which the register of interests in mineral claims must be kept is Lightning Ridge.
For the purposes of section 222 (1) (b) of the Act, the prescribed grounds of objection to the constitution of land as an opal prospecting area, or to the addition of land to an existing opal prospecting area, are as follows:
(a) that the land to which the objection relates is a garden or an orchard or is within 50 metres of a garden or an orchard,
(b) that on the land, or within 200 metres of the land, there is a dwelling-house or a woolshed or shearing shed,
(c) that the land is, or is within 200 metres of, a watering place,
(d) that on the land, or within 50 metres of the land, there is situated a significant improvement other than an improvement constructed or used for mining purposes and for no other purposes.
For the purposes of section 222 (4) of the Act, a person to whom the Secretary must refer any objection for inquiry and report must be:
(a) a qualified valuer, or
(b) an Australian lawyer of at least 7 years’ standing.
In this clause:
(a) has membership of the Australian Valuers Institute (other than associate or student membership), or
(b) has membership of the Australian Property Institute (other than student or provisional membership), acquired in connection with his or her occupation as a valuer, or
(c) has membership of the Royal Institution of Chartered Surveyors as a chartered valuer.
For the purposes of section 226 (2) (b) of the Act, the following information must accompany an application for an opal prospecting licence over an opal prospecting block:
(a) the name of the applicant,
(b) if the applicant is an individual—the date of birth of the applicant,
(c) the address and contact details of the applicant,
(d) if the applicant is a corporation—the name of each director of that corporation,
(e) the environmental performance record of the applicant.
Despite clause 76 (1), an application for an opal prospecting licence must be lodged as follows:
(a) in relation to land within the Lightning Ridge Mineral Claims District—in person at the Lightning Ridge office of the Department,
(b) in relation to land within the White Cliffs Mineral Claims District—in person at, or by post or facsimile to, the Lightning Ridge office of the Department.
Clause 76 contains provisions relating to the lodgment of applications.
Only one application per person may be lodged in respect of each opal prospecting block on any day on which an application may be lodged or may be taken to have been lodged.
For the purposes of section 226 (3) of the Act, the prescribed manner of determining the order in which simultaneous applications for opal prospecting licences are to be dealt with is for the Secretary to conduct a lottery in accordance with the following provisions:
(a) the names of each of the applicants are to be written on separate tickets, each of the same size and shape,
(b) the tickets are to be placed in a box or other receptacle and thoroughly mixed,
(c) the Secretary is then, without looking, to select each of the tickets, one by one, from the box or receptacle.
The lottery may be conducted in the presence of any applicant or representative of an applicant.
The applications are to be dealt with in the order in which the tickets bearing the applicants’ names are drawn from the box or receptacle.
For the purposes of section 235A (2) of the Act, the record must contain the following particulars:
(a) the name of the applicant,
(b) if the application is granted:
(i) the name of the holder of the licence, and
(ii) the licence number or other identifying code for the opal prospecting licence, and
(iii) the term of the opal prospecting licence, including the date of commencement and expiry of that term.
For the purposes of section 235C (1) of the Act, a right of way to which the holder of an opal prospecting licence is entitled under that section is to be:
(a) indicated by marker posts along the route of the right of way in accordance with this clause, or
(b) indicated or described in such other manner as is agreed in writing by the landholder and the holder of the opal prospecting licence.
The marker posts are to be located:
(a) at the start and finish of the right of way, and
(b) at intervals of not more than 250 metres, and
(c) at each point where the route of the right of way changes direction.
A marker post referred to in subclause (2) must bear a tag showing:
(a) the coordinates of the post’s position, and
(b) the licence number or other identifying code for the opal prospecting licence, and
(c) the name of the holder of the opal prospecting licence.
For the purposes of subclause (3) (a), it is sufficient for the coordinates of a marker post to be established by means of a Global Positioning System device.
If a right of way is marked out in accordance with subclause (2), the holder of the opal prospecting licence must prepare a map of the right of way and cause copies of the map to be given to each landholder affected by the right of way.
A map referred to in subclause (5) must describe the route of the right of way (which must be no more than 10 metres wide) and must indicate the coordinates of the position of each marker post that bears a tag referred to in subclause (3).
Each holder of an opal prospecting licence who is entitled to the right of way must ensure that a marker post referred to in subclause (2) is properly maintained.
Maximum penalty: 20 penalty units.
For the purposes of section 235C (6) (a) of the Act, the exercise of a right of way conferred by that section is subject to the following conditions:
(a) if the right of way passes over:
(i) any garden, orchard or land under cultivation, or
(ii) any land on which is situated a significant improvement,
being land that was, when the right of way was marked out, land of that nature, the holder of the opal prospecting licence who is entitled to the right of way is not to exercise the right of way otherwise than in accordance with the consent of the landholder,
(b) the holder of the opal prospecting licence who is entitled to the right of way is not to exercise the right of way before 7.00 am or after 6.00 pm, unless it is with the written consent of the landholder,
(c) the holder of the opal prospecting licence who is entitled to the right of way is not to exercise the right of way during or less than 24 hours after wet weather, unless it is with the written consent of the landholder.
For the purposes of section 235F (9) of the Act, the prescribed office of the Department at which the register of interests in opal prospecting licences must be kept is Lightning Ridge.
For the purposes of the definition of
(a) the Lightning Ridge Miners’ Association, who is nominated by that Association, is the miners’ representative in relation to any access management plan over the land within the area covered by that Association, and
(b) the Glengarry-Grawin Sheepyard Miners’ Association, who is nominated by that Association, is the miners’ representative in relation to any access management plan over the land within the area covered by that Association.
An access management plan that has been agreed on under section 236E of the Act must be lodged with the Secretary by the miners’ representative at the Lightning Ridge office of the Department.
An application under section 236F of the Act for determination of an access management plan over land must be accompanied by the following:
(a) a copy of the notice served on each landholder of the land under section 236E (1) of the Act,
(b) documentary evidence of the landholder’s interest in the land,
(c) a statement as to the date on which, and the manner in which, each such notice was served,
(d) copies of any correspondence (including facsimiles and emails) between the miners’ representative and any landholder of the land,
(e) a statement as to what steps have been taken to reach agreement on an access management plan over the land, and as to what matters are and are not yet agreed,
(f) a draft access management plan prepared by or on behalf of the applicant.
For the purpose of determining such an application, the Secretary may require the miners’ representative or the landholder, or both, to provide the Secretary with alternative or amended versions of a draft access management plan.
For the purposes of section 163C (2) (a) of the Act, the holder of an authority must prepare and lodge with the Secretary an annual report that complies with this clause.
An annual report must be lodged within 1 calendar month of the grant anniversary date (within the meaning of section 292B of the Act) or such other date notified by the Secretary in writing, regardless of whether an application to renew the authority area has been lodged and not yet determined.
An annual report must contain the following:
(a) full particulars of all surveys and other operations or activities, including details of expenditure on operations carried out by or on behalf of the holder of the authority during the preceding 12-month period within which the authority had effect,
(b) the results and conclusions of such surveys and any other operations,
(c) the operations proposed to be conducted during the next 12-month period.
For the purposes of section 163C (2) (a) of the Act, the holder of an authority must prepare and lodge with the Secretary a partial relinquishment report that complies with this clause when the holder’s authority has been:
(a) partially cancelled, or
(b) renewed over an area of land that is less than the area over which the authority applied prior to its renewal.
A partial relinquishment report must be lodged with the Secretary within 1 calendar month after the Secretary gives notice of the cancellation or renewal of a kind referred to in subclause (1).
A partial relinquishment report is only required in relation to the area of land which formed part of the authority before the cancellation or renewal of the kind referred to in subclause (1).
A partial relinquishment report must contain the following:
(a) a summary of all surveys and other operations carried out by or on behalf of the holder of the authority during the period within which the land that has been relinquished was subject to the authority,
(b) detailed data of all surveys and other operations,
(c) the results and conclusions of such surveys and any other operations.
For the purposes of section 163C (2) (a) of the Act, the holder of an authority must prepare and lodge with the Secretary a final report that complies with this clause.
A final report must be lodged with the Secretary within 1 calendar month after the expiry or cancellation of the authority.
A final report must contain the following:
(a) a summary of all surveys and other operations carried out by or on behalf of the holder of the authority during the period within which the land that has been relinquished was subject to the authority,
(b) detailed data of all surveys and other operations not previously provided,
(c) the results and conclusions of such surveys and any other operations not previously provided.
The Secretary may issue further requirements relating to reports under clause 57, 58 or 58A. Any such requirements must be published in the Gazette.
A report under clause 57, 58 or 58A must be prepared and lodged in accordance with any requirements issued by the Secretary.
A report under clause 57, 58 or 58A must contain all maps, plans and data that are necessary to satisfactorily interpret and evaluate the report.
For the purposes of section 163C (2) (c) of the Act, reports lodged with the Secretary under clause 57 must not be disclosed (except as authorised by the Act) during the period for which the authority to which the report relates is in force unless:
(a) in the case of a report lodged on or after 1 June 2016—5 years have passed since the lodgment of the report, or
(b) in the case of a report lodged before 1 June 2016—5 years have passed since that date.
Subclause (1) continues to apply to a report if the relevant authority in relation to which a report was made is subsequently transferred to another person.
This clause does not prevent:
(a) any disclosure or publication of a summary of a work program, or
(b) the disclosure of reports lodged with the Secretary under clause 57 after the authority to which the report relates ceases to be in force.
For the purposes of section 163G of the Act, the holder of an authority must:
(a) so far as is reasonably practicable collect, retain and preserve:
(i) all drill cores remaining after sampling, including any material obtained under previous authorities, and
(ii) all characteristic samples of the rock or strata encountered on any drill hole on the land comprised in the authority, including any material obtained under previous authorities, and
(b) collect, retain and preserve samples of any water discovered in any drill hole on the land comprised in the authority, where requested to do so by written notice from the Secretary, and
(c) label any such drill cores or samples for reference, and
(d) so far as is reasonably practicable, preserve the integrity of any such drill core or sample for the life of the authority, and
(e) if the holder of the authority intends to dispose of any of the drill cores or samples:
(i) offer those drill cores or samples to the Secretary for preservation, and
(ii) if requested to do so, provide them to the Secretary for preservation in such manner as the Secretary determines.
The Minister may arrange for a report to be published, printed or adapted at any time after the period during which it is to be kept confidential expires.
Any report published, printed or adapted under subclause (1) is to contain a statement acknowledging any person’s copyright in the report.
For the purposes of section 163C (2) (b) of the Act, the Secretary may, by order published in the Gazette, exempt any person, class of persons, authorisation or class of authorisations from a requirement to prepare and lodge a report.
The holder of an authorisation may apply to the Secretary for an exemption from a requirement to prepare and lodge a report under section 163C of the Act or for an extension of the period during which a report must be lodged under clause 57.
An application for an exemption or an extension must be lodged with the Secretary not less than 30 days before the date the report is required to be lodged and must contain the following information:
(a) the authority number or other identifying code for the authority,
(b) the name of the holder of the authority,
(c) whether an exemption or an extension is sought,
(d) in the case of an extension—the period of the extension sought,
(e) the reason for the exemption or extension.
On receipt of an application for an exemption or extension the Secretary may do any one of the following:
(a) grant an extension of the time by which a report must be lodged,
(b) grant an exemption,
(c) refuse the application.
The Secretary must advise the applicant of the determination in writing within 21 days of receipt of the application.
For the purposes of the definition of
(a) the Crimes Act 1900,
(b) the Electricity Supply Act 1995,
(c) the Explosives Act 2003,
(d) the Forestry Act 2012,
(e) the Hunter Water Act 1991,
(f) the Pipelines Act 1967,
(g) the Sydney Water Act 1994,
(h) the Water Act 1912,
(i) the Water Management Act 2000,
(j) the Work Health and Safety (Mines and Petroleum Sites) Act 2013.
For the purposes of section 246W (1) (a) of the Act, the following legislation is prescribed:
(a) the Crimes Act 1900,
(b) the Electricity Supply Act 1995,
(c) the Explosives Act 2003,
(d) the Forestry Act 2012,
(e) the Hunter Water Act 1991,
(f) the Pipelines Act 1967,
(g) the Sydney Water Act 1994,
(h) the work health and safety legislation.
For the purposes of section 246W (1) (b) of the Act, the following agencies, departments and authorities are prescribed authorities:
(a) Dams Safety NSW,
(b) the Department of Finance, Services and Innovation,
(c) the Independent Commission Against Corruption,
(d) a local council,
(e) Local Land Services,
(f) the Mine Subsidence Board,
(g) the NSW Police Force or the police force of any other State or Territory,
(h) the Regulatory Authority (within the meaning of the Water NSW Act 2014),
(i) Roads and Maritime Services,
(j) SafeWork NSW,
(k) the Sydney Harbour Foreshore Authority,
(l) the Western Lands Commissioner,
(m) any other agency or authority administering any environment protection legislation, or any other relevant legislation that is New South Wales legislation.
For the purposes of section 365 (1) (g) of the Act, the following legislation is prescribed:
(a) the Crimes Act 1900,
(b) the Electricity Supply Act 1995,
(c) the Explosives Act 2003,
(d) the Forestry Act 2012,
(e) the Hunter Water Act 1991,
(f) the Pipelines Act 1967,
(g) the Sydney Water Act 1994,
(h) the Water Act 1912,
(i) the Water Management Act 2000.
In this Part:
If an expression is defined in the Commonwealth Act and is also used in this Part, the expression as used in this Part has, unless the contrary intention appears, the same meaning as in that Act.
For the purposes of section 283 (1) (a) of the Act:
(a) the base rate of royalty payable in respect of a mineral specified in Schedule 6 is the rate per tonne of mineral recovered that is specified in that Schedule, and
(b) the base rate of royalty payable in respect of any other mineral (other than coal) is 4 per cent of the value of mineral recovered.
For the purposes of section 283 (4) of the Act, the quantity of minerals (other than coal) recovered during any particular period is to be calculated in accordance with the following formula:
where:
For the purposes of section 283 (1) (a) of the Act, the base rate of royalty for coal is as follows:
(a) 8.2% of the value of coal recovered by open cut mining,
(b) 7.2% of the value of coal recovered by underground mining,
(c) 6.2% of the value of coal recovered by deep underground mining.
For the purposes of section 283 (1) (b) of the Act, the additional rate of royalty for coal recovered by the holder of a mining lease during the transitional supplementary royalty period consists of 1.95% of the value of coal recovered (the
For the purposes of section 283 (1) (b) of the Act, the additional rate of royalty for coal recovered by the holder of a mining lease during a year commencing on or after 1 July 2013 consists of 1.0% of the value of coal recovered (the
For the purposes of subclauses (1A) and (1B), the following is the formula to be used for working out the MRRT offset amount with respect to a supplementary royalty period:
If A+B>C, the MRRT offset amount is the lesser of the following:
(a) A+B−C,
(b) A
where:
An additional rate of royalty is payable by the holder of a mining lease during a supplementary royalty period in respect of which the holder is required by this Act to pay royalty only if:
(a) the mining lease is a mining project interest, and
(b) during that supplementary royalty period one or more instalments of MRRT are paid or payable by that holder in respect of that mining project interest.
For the purposes of this clause, the quantity of coal taken to have been recovered during any particular period is the quantity of coal disposed of by the holder of the mining lease during the period, as determined by the Chief Commissioner having regard to any records kept by the holder of the mining lease.
(Repealed)
In this clause:
The Chief Commissioner is to refer a dispute about any of the following matters to the Minister and the Minister may make a determination with respect to that matter:
(a) the quantity of minerals disposed of or held by the holder of a mining lease,
(b) the quantity of coal disposed of by the holder of a mining lease,
(c) whether, and the extent to which, coal was recovered by open cut mining, underground mining or deep underground mining.
Any determination made by the Minister with respect to the matter is final and binding.
A certificate that is signed by the Minister and that states that, on a specified date, the Minister made a determination under this clause is admissible in evidence in any proceedings and is evidence of the fact or facts so certified.
For the purposes of section 289 of the Act:
(a) royalty returns (other than those referred to in subclause (1A)) must include:
(i) in the case of a mineral specified in Schedule 6—the quantity of the mineral recovered by the holder of the mining lease during the period to which the return relates, and
(ii) in the case of any other mineral—the value of the mineral recovered by the holder of the mining lease during the period to which the return relates, and
(iii) in the case of any mineral—any other matters required by the Chief Commissioner to be included, and
(b) royalty returns (other than those referred to in subclause (1A)) must be lodged:
(i) in the case of minerals other than coal—at the time at which the royalty is payable, and
(ii) in the case of coal—monthly or in any case not later than the 21st day of the following month.
In addition, the holder of a mining lease that is a mining project interest from which coal is recovered must:
(a) within 30 days after the end of the third quarter of its MRRT year (not being a transitional MRRT year) lodge the following returns:
(i) a list of all mining project interests of the holder from which coal is recovered,
(ii) the value of coal recovered by each such mining project interest,
(iii) a statement of whether any MRRT instalment payment greater than zero is payable in respect of each of those interests during that MRRT year,
(iv) a statement of the amount of MRRT that has been paid in respect of each of its mining project interests for that MRRT year at the end of that quarter, and
(b) within 10 months after the end of its MRRT year—lodge a statement of the total amount of MRRT that has been paid in respect of each of its mining project interests for the entire MRRT year.
A holder of a mining lease is only required to lodge a statement under subclause (1A) (b) in respect of a mining project interest if the holder has paid an MRRT instalment payment greater than zero in respect of the mining project interest during the MRRT year concerned.
If, during the transitional supplementary royalty period, the holder of a mining lease has a transitional MRRT year, the holder must, no later than on 15 December 2012, lodge returns referred to in subclause (1A) (a) (i)–(iv) for the transitional MRRT year as at the date on which the return is lodged.
The holder of a mining lease must keep records of all minerals recovered under the lease, including:
(a) records of the quantity of minerals recovered during each return period, and
(b) records of the quantity of minerals disposed of, whether by sale or otherwise, during each return period, and
(c) records of the quantity of minerals held (in the form in which they are disposed of) by the holder of the mining lease at the beginning and at the end of each return period, and
(d) records of the price obtained or consideration received for minerals disposed of during each return period, and
(e) records of all royalties that became payable during each return period in connection with the disposal of minerals (including any documents relating to the calculation of that royalty), and
(f) any other records relating to the minerals required by the Secretary to be kept.
Maximum penalty:
(a) 100 penalty units, in the case of an offence committed by a corporation, or
(b) 50 penalty units, in the case of an offence committed by an individual.
The records referred to in subclause (2) must be retained by the holder of the mining lease for a period of at least 7 years after the end of the financial year in which the extraction to which the records relate occurred.
This clause prescribes the times at which, and the periods in respect of which, a royalty is payable to the Crown under the Act, except to the extent that a determination under section 291 (1) (b) of the Act is in force.
In the case of minerals other than coal, a royalty is payable on or before 31 July in each year in respect of the period of 12 months ending on the last preceding 30 June, unless subclause (3) applies.
In the case of a person by whom, in respect of the last preceding period of 12 months that ended on 30 June, an amount of royalty greater than $50,000 was payable in respect of minerals (other than coal), royalty on minerals (other than coal) recovered during the succeeding period of 12 months is payable:
(a) on or before 31 October, in respect of the period of 3 months ending on 30 September, and
(b) on or before 31 January, in respect of the period of 3 months ending on 31 December, and
(c) on or before 30 April, in respect of the period of 3 months ending on 31 March, and
(d) on or before 31 July, in respect of the period of 3 months ending on 30 June.
In the case of coal:
(a) royalty payable at the base rate is payable within 21 days after the beginning of each month, and
(b) supplementary royalty is payable no later than 10 months after the end of the MRRT year of the holder of the lease.
Note— An MRRT year is a financial year starting on or after 1 July 2012. Other accounting periods may be MRRT years if the lease holder uses an accounting period other than a financial year: see Division 190 of the Commonwealth Act.
The matters for which fees are payable under the Act and this Regulation are set out in Column 1 of Schedule 10.
The fee for a particular matter is the amount set out opposite the matter in Column 2 of that Schedule.
The Secretary may determine the fee payable for any service provided in connection with the administration or execution of the Act for which a fee is not prescribed by this Regulation.
An annual rental fee specified in Schedule 10 as per hectare, per square kilometre, per square metre or per unit is to be calculated on the basis of the annual rental fee area.
The
| ||
| 12.50 | |
| 6.25 | |
9 | Application for renewal of exploration licence—Groups 9 and 9A minerals (section 113 of the Act): | |
| 2,000 | |
| 2 | |
10 | Application for renewal of exploration (mineral owner) licence (section 113 of the Act): | |
| 2,000 | |
| 2 | |
10A | Annual rental fee (section 292F of the Act) | $0.20 per ha or $20 per sq km or $0.00002 per sq m or $60 per unit |
11 | Application for assessment lease (section 33 of the Act): | |
| 2,000 | |
| 6 | |
12 | Application for renewal of assessment lease (section 113 of the Act): | |
| 2,000 | |
| 6 | |
12A | Annual rental fee (section 292F of the Act): | |
| $12 per ha or $1,200 per sq km or $3,600 per unit | |
| $24 per ha or $2,400 per sq km or $7,200 per unit | |
13 | Application for mining lease (section 51 of the Act) | 10,000 |
14 | Tender for mining lease (section 53 of the Act) | 10,000 |
15 | On grant of mining lease (section 63 of the Act)—per hectare or part hectare of land to which the lease relates | 85 |
16 | Application for suspension of mining lease operations (clause 14 of Schedule 1B to the Act) | 250 |
17 | Application for addition of mineral to mining lease (section 77 of the Act) | 250 |
18 | Application for addition of petroleum to mining lease (section 78 of the Act) | 6,000 |
19 | Application for variation of mining lease (clause 12 of Schedule 1B to the Act) | 250 |
20 | Application for consolidation of mining leases (section 86 of the Act) | 1,000 |
21 | Application for suspension of consolidated mining lease operations (section 100 of the Act) | 250 |
22 | Application for renewal of mining lease (section 113 of the Act): | |
| 3,000 | |
| 36 | |
23 | Lodgment of objection to significant improvement claim (clause 23A of Schedule 1 to the Act) (exclusive of GST) | 2,000 |
24 | Application for aggregation of labour and expenditure conditions (clause 29 of this Regulation) | 250 |
24A | Annual rental fee (section 292F of the Act) | $6.50 per ha or $650 per sq km or $0.00065 per sq m |
25 | Application for approval of transfer of authority (section 120 of the Act) | 1,000 |
26 | Application for approval of partial transfer of authority (section 120 of the Act) | 1,650 |
27 | Application for registration of transfer (section 122 of the Act) | 250 |
28 | Lodgment of caveat (section 124 of the Act) | 250 |
29 | Application for cancellation of authority (section 125 of the Act) | 250 |
30 | Application for partial cancellation of authority (section 125 of the Act) | 500 |
31 | Nomination to whom authority is granted (section 133 of the Act) | 250 |
32 | Application for appointment of arbitrator in default of agreement (section 144 of the Act) | 250 |
33 | Application to suspend conditions of authority (clause 14 of Schedule 1B to the Act) | 250 |
34 | Provision of certificate evidence (section 378ZG of the Act) | 250 |
35 | Application for registration of each interest (section 161 of the Act) | 250 |
36 | Application for amendment of each registered interest, including cancellation (section 161 of the Act) | 250 |
37 | Application to record as holder of authority on devolution of rights (section 162 of the Act) | 250 |
38 | Application for registration of colliery holding or amendment or cancellation of colliery holding (section 163 of the Act) | 250 |
39 | Application for registration, renewal or variation of each sublease (section 163A of the Act) | 250 |
40 | Application for removal of each sublease from register (section 163B of the Act) | 250 |
41 | Application for change of registered name of holder of authority (other than on transfer of authority) | 250 |
The class of a mineral claim is specified by the Minister, by order published in the Gazette, under section 175 of the Act. | ||
42 | Application for Class A mineral claim in the Lightning Ridge Mineral Claims District (section 178 of the Act): | |
| 130 | |
| 330 | |
| 470 | |
43 | Application for Class B mineral claim in the Lightning Ridge Mineral Claims District (section 178 of the Act) | 470 |
44 | Application for Class C mineral claim (prospecting following opal prospecting licence) in the Lightning Ridge Mineral Claims District (section 178 of the Act) | 180 |
45 | Application for Class D mineral claim (mining purpose—processing) in the Lightning Ridge Mineral Claims District (section 178 of the Act) | 470 |
46 | Application for Class E mineral claim (mining purpose—mullock stockpiling) in the Lightning Ridge Mineral Claims District (section 178 of the Act) | 470 |
47 | Application for Class F mineral claim (prospecting outside opal prospecting block in Opal Prospecting Areas 1, 2 and 3) in the Lightning Ridge Mineral Claims District (section 178 of the Act) | 180 |
48 | Application for Class G mineral claim (open cut mining operations) in the Lightning Ridge Mineral Claims District (section 178 of the Act) | 470 |
49 | Application for mineral claim area in the White Cliffs Mineral Claims District (section 178 of the Act) | 130 |
50 | Application for renewal of mineral claim area in the White Cliffs Mineral Claims District (section 197 of the Act)—per year of tenure | 100 |
51 | Application for renewal of Class A mineral claim in the Lightning Ridge Mineral Claims District (section 197 of the Act): | |
| 100 | |
| 300 | |
| 470 | |
52 | Application for renewal of Class B mineral claim in the Lightning Ridge Mineral Claims District (section 197 of the Act) | 470 |
53 | Application for renewal of Class D mineral claim (mining purpose—processing) in the Lightning Ridge Mineral Claims District (section 197 of the Act) | 470 |
54 | Application for renewal of Class E mineral claim (mining purpose—mullock stockpiling) in the Lightning Ridge Mineral Claims District (section 197 of the Act) | 470 |
55 | Application for renewal of Class G mineral claim (open cut mining operations) in the Lightning Ridge Mineral Claims District (section 197 of the Act) | 470 |
56 | Application for transfer of mineral claim (section 200 of the Act) | 120 |
57 | Registration of change of name on devolution of mineral claim (section 202 of the Act) | 65 |
58 | Application for suspension of conditions of mineral claim (clause 14 of Schedule 1B to the Act) | 65 |
59 | Registration of change of name of holder of mineral claim (other than on transfer of mineral claim) | 85 |
59A | Registration of legal or equitable interest (section 218B (3) of the Act) | 65 |
60 | Application for opal prospecting licence (section 226 of the Act) | 30 |
60A | Registration of legal or equitable interest (section 235F (3) of the Act) | 65 |
61 | Application for environmental assessment permit (section 252 of the Act) | 420 |
62 | Application for permit to enter land (section 254 of the Act) | 50 |
63 | Fee per hour for provision of information (not including prescribed records available at prescribed locations) (exclusive of GST) | 150 |
(Clause 80)
Column 1 | Column 2 | Column 3 |
Offence | Individual | Corporation |
$ | $ | |
Section 5 | 2,500 | 5,000 |
Section 6 (1) | 2,500 | 5,000 |
Section 12 (4) and (6) | 750 | — |
Section 12B | 2,500 | — |
Section 75 (3) | 750 | 1,500 |
Section 76 (2) | 750 | 1,500 |
Section 163 (3) or (6D) | 750 | 1,500 |
Section 163C (3) | 2,500 | 5,000 |
Section 164 (3) | 750 | 1,500 |
Section 175A | 1,250 | 2,500 |
Section 211 (3) | 750 | 1,500 |
Section 213 (1) or (2) | 750 | 1,500 |
Section 235C (3) | 750 | 1,500 |
Section 240C | 2,500 | 5,000 |
Section 246R (5) | 2,500 | 5,000 |
Section 248S (1) (in relation to failure to comply with requirement under section 248E (2) (i)) | 1,250 | 2,500 |
Section 248S (1) (in relation to failure to comply with requirement under section 248N) | 500 | — |
Section 248S (3) | 2,500 | 5,000 |
Section 257 | 750 | 1,500 |
Section 258 | 750 | 1,500 |
Section 288 (2) | 750 | 1,500 |
Section 291 (1A) | 2,500 | 5,000 |
Section 292C (3) | 500 | 1,000 |
Section 365 | 750 | — |
Section 378B | 2,500 | 5,000 |
Section 378C | 1,250 | 2,500 |
Section 378D (1) | 1,250 | 2,500 |
Section 378ZFE | 2,500 | 5,000 |
Clause 12 (1) or (2) | 750 | 1,500 |
Clause 37 (8) | 750 | 1,500 |
Clause 38 | 750 | 1,500 |
Clause 45 (7) | 750 | 1,500 |
Clause 52 (7) | 750 | 1,500 |
Clause 64 | 750 | 1,500 |
Clause 78 | 750 | 1,500 |
Any act, matter or thing that, immediately before the repeal of the Mining Regulation 2003, had effect under that Regulation continues to have effect under this Regulation.
Any mark in the nature of a survey mark that was placed for the purposes of the Act by, or at the direction of, a mining registrar before the commencement of this Regulation is taken to be a survey mark placed in accordance with this Regulation.
In this Part:
This clause applies to a person who, immediately before the repeal of sections 6, 8 and 9 by the amending Act, was entitled under section 8 or 9 to prospect for or mine any privately owned minerals or coal.
Sections 13A, 33A, 51A, 62 and 63 (3A), (4) and (5) of the Act do not apply to an application for an authorisation lodged by a person to whom this clause applies within 10 months after the commencement of Schedule 1 [2] to the amending Act, if the person, immediately before that commencement:
(a) prospected for, or mined, any mineral on land and lodged the application only in order to be able to continue that same prospecting or mining, or
(b) lawfully carried out a mining purpose specified for the purposes of section 6 of the Act (as substituted by the amending Act) and lodged the application only in order to be able to continue that same mining purpose.
A condition imposed on an authorisation by the Minister under section 26 (exploration licence), 44 (assessment lease), 70 (mining lease), 100 (consolidated mining lease), 192 (mineral claim) or 229 (opal prospecting licence) and in force immediately before the substitution or amendment of those sections by the amending Act, is taken to be a condition imposed on an authorisation under those sections as substituted or amended.
Any person appointed as a royalty officer or an inspector immediately before the commencement of section 361 of the Act (as substituted by the amending Act) is taken to be an inspector appointed under section 361 of the Act.
Despite its repeal, section 374A continues to apply to a breach of a condition imposed by or under sections 238 or 239 of the Act until such time as those provisions are substituted by the amending Act.
An application for an exploration licence (pending immediately before the commencement of this Regulation) in respect of Group 2 or Group 8 minerals is, on and from that commencement, taken to be an application in respect of the Group 2 or Group 8 minerals specified in Schedule 2 to this Regulation.
An exploration licence (as in force immediately before the commencement of this Regulation) granted in respect of Group 2 or Group 8 minerals is, on and from that date, taken to be granted in respect of the Group 2 or Group 8 minerals specified in Schedule 2 to this Regulation.
An application for an assessment lease or a mining lease (pending immediately before the commencement of this Regulation) in respect of agricultural lime is taken to be an assessment lease or mining lease granted in respect of limestone.
An assessment lease or a mining lease (as in force immediately before the commencement of this Regulation) granted in respect of agricultural lime is taken to be an assessment lease or mining lease granted in respect of limestone.
An application for an assessment lease or a mining lease (pending immediately before the commencement of this Regulation) in respect of geothermal substances is taken to be an assessment lease or mining lease granted in respect of geothermal energy.
An assessment lease or a mining lease (as in force immediately before the commencement of this Regulation) granted in respect of geothermal substances is taken to be an assessment lease or mining lease granted in respect of geothermal energy.
Clause 98 of Schedule 6 to the Act continues to apply (despite subclause (6) of that clause) in respect of a person until the end of 14 November 2012 or until the person becomes the holder of an authorisation in respect of the land on which the privately owned minerals or coal referred to in that clause are located, whichever happens first.
This clause takes effect from 14 November 2011.
In this Part:
Despite the amendment made by Schedule 2 [2] to the amending Act, thorium is taken to continue to be a Group 1 mineral for the following purposes:
(a) the determination of an application for, and the granting of, an exploration licence or a renewal of an exploration licence, if the application was made (but not determined) before the commencement of that amendment,
(b) the operation of an exploration licence in respect of Group 1 minerals, and an application for the renewal of, and the renewal of, any such licence, if the original licence was granted before that commencement or granted as referred to in paragraph (a).
This clause applies to an application for an exploration licence in respect of Group 11 minerals in respect of land that is subject to a transitional exploration application or a transitional exploration licence.
For the purposes of the application of section 19 of the Act to an application for an exploration licence to which this clause applies:
(a) the transitional exploration application or transitional exploration licence is taken to include Group 11 minerals, and
(b) consent to the application is not required under that section if the application is accompanied by a statutory declaration by or on behalf of the applicant to the effect that it is not intended to prospect for thorium on the land to which the transitional exploration application or transitional exploration licence applies.
If an exploration licence is granted after an application for which consent is not obtained because of subclause (2) (b), the exploration licence is taken, to the extent that it applies to land covered by the transitional exploration application or transitional exploration licence to be a licence over Group 11 minerals (other than thorium).
An exploration licence referred to in subclause (3) is taken to be a licence over all Group 11 minerals if:
(a) the transitional exploration application lapses or is refused, or
(b) the transitional exploration licence ceases to be in force and is not succeeded by a mining lease or assessment lease that is taken to include thorium.
For the purposes of the application of section 37 (1) (c) (i) of the Act to an application for an assessment lease sought in respect of thorium on land that is subject to a transitional exploration application, the transitional exploration application is taken to include Group 11 minerals.
The effect of this provision is to require the consent of the applicant under a transitional exploration licence to the proposed assessment lease. Because clause 11 deems thorium to be included as a Group 1 mineral covered by a transitional exploration licence or a transitional exploration application, the consent of the holder of the transitional exploration licence is also required to be obtained under section 37 of the Act to an application for an assessment lease that applies to thorium on the same land. Similarly, the consent of the holder of a transitional exploration licence or a transitional exploration application is also required to be obtained under section 58 of the Act to an application for a mining lease in respect of thorium on the same land.
In this Part:
Clause 63, as amended by the amending Regulation, only applies to coal recovered from material extracted on or after the commencement of the amending Regulation.
For the purposes of section 380AA of the Act, a person who holds a transitional consent is deemed to be the holder of the authority that the transitional consent permits the person to apply for.
A person who has applied for an authority pursuant to a transitional consent is still considered to hold the transitional consent while the application for the authority is pending.
A development application made or purporting to have been made before the commencement of this clause that would have been validly made had this clause been in force at that time is taken to have been validly made (despite section 380AA of the Act).
In this clause:
On and from the commencement of the amendment made by the Mining Amendment (Licences for Operational Allocation Purposes) Regulation 2015 to Schedule 2 to the Mining Regulation 2010:
(a) a reference in any mining document to a Group 9 mineral, to the extent that the reference applies in respect of oil shale, is to be read as a reference to a Group 9A mineral, and
(b) a reference in any mining document prepared before that commencement to Group 9 minerals generally is to be read as a reference to Group 9 minerals and Group 9A minerals, generally.
In this clause,
In clause 61AA (2) (a), the reference to Dams Safety NSW includes a reference to the Dams Safety Committee constituted under the Dams Safety Act 1978, until that Act is repealed.
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