Mining Regulation 2016 (NSW)
This Regulation is the Mining Regulation 2016.
This Regulation commences on the day on which it is published on the NSW legislation website.
In this Regulation—
Because excluded helium is not prescribed as a mineral it is a form of petroleum and is subject to the Petroleum (Onshore) Act 1991 instead of the Mining Act 1992. See—
(a) the Mining Act 1992, Dictionary, definitions of
mineral andpetroleum , and(b) the Petroleum (Onshore) Act 1991, section 3(1), definition of
petroleum , paragraph (c).
(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.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
In this Regulation,
(a) constituted under the Act, section 367(1), and
(b) subject to a direction under the following—
(i) for an exploration licence—the Act, section 367(2)(a),
(ii) for an assessment lease—the Act, section 367(2)(b),
(iii) for a mining lease—the Act, section 367(2)(c),
(iv) for a mineral claim—the Act, section 367(2)(d).
In this Regulation,
(a) constituted under the Mining Act 1973 before its repeal, and
(b) taken, under the Act, Schedule 6, clause 34, to be a reserve over which there is taken to be an order prohibiting the granting of—
(i) an authority, or
(ii) a mineral claim.
For the purposes of comparison, a number of provisions of this Regulation contain bracketed notes in headings drawing attention (“Former”) to equivalent or comparable (though not necessarily identical) provisions of the Mining Regulation 2010 (“2010 Reg”).
(Repealed)
(Former clause 5 of 2010 Reg)
The substances listed in Schedule 1 are prescribed as minerals for the purposes of the definition of
(Former clause 6 of 2010 Reg)
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,
(Former clause 7 of 2010 Reg)
The following activities are prescribed as ancillary mining activities 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,
(g) the environmental management, protection and rehabilitation of land on which an ancillary mining activity referred to in another paragraph of this clause is being or has been carried out.
For the Act, Dictionary, definition of
(a) Hunter Water Corporation Limited,
(b) other persons responsible for the control and management of water supply works in the Tomago Sandbeds Catchment Area, within the meaning of the Hunter Water Regulation 2015, Part 2.
(Former clause 9 of 2010 Reg)
A map is a standard map for the purposes of this Regulation if it—
(a) shows the alignment of the boundaries of the land to which it relates relative to the Map Grid of Australia (MGA2020) and shows the coordinates of all points where there is a change in the direction of the boundaries, or
(b) if a map referred to in paragraph (a) is not available—is 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—is an aerial photograph, a satellite image or topographic map of a standard acceptable to the Secretary.
In this clause—
(Former clause 10 of 2010 Reg)
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.
(Former clause 11 of 2010 Reg)
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 ancillary mining activity, or a class of ancillary mining activities, that is specified for the purposes of that section.
(Former clause 12 of 2010 Reg)
A person who causes any soil, rock or other material to be disturbed in the course of work carried out for the purpose of fossicking for minerals must ensure that—
(a) the soil, rock or other material is removed and stockpiled separately, and
(b) after completion of the work, the soil, rock or other material is 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)”.
To avoid doubt, subclause (2) does not prevent the use of hand-held metal detectors or other hand-held equipment for detecting metal or metal objects.
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 Act, section 11A, an activity is declared not to be prospecting or mining for the purposes of the Act if the activity is specified in Schedule 3.
A person who carries out an activity that is declared not to be prospecting or mining must pay a royalty to the Crown, in accordance with the Act, for publicly owned minerals recovered as a consequence of the carrying out of the activity.
Subclause (3) does not apply to an activity specified in Schedule 3, clause 4.
(Former clause 14 of 2010 Reg)
For the Act, section 13(4)(c), the following information must accompany an application for an exploration licence—
(a) a description, set out in the approved form, of the proposed exploration area,
(b) a statement that the proposed exploration area—
(i) contains no land within a protected reserve, or
(ii) contains land within a protected reserve, but the applicant understands that an exploration licence may not be granted over land within the reserve,
Note— See the Act, section 18(b).
(c) a specification of the group or groups of minerals in relation to which the licence is sought,
(d) if the application is for an exploration licence over land the subject of another exploration licence for the same group or groups of minerals—the written consent of the holder of the other exploration licence,
(e) particulars of the financial resources and relevant technical advice available to the applicant,
(f) a statement, set out in the approved form, of the corporate compliance, environmental performance history and financial capability of the applicant,
(g) particulars of the applicant’s technical manager,
(h) for an application lodged on behalf of an applicant by an agent—evidence that the agent has authority to act on behalf of the applicant,
(i) for an exploration (mineral owner) licence—
(i) a specification of the privately owned mineral or minerals in relation to which the licence is sought, and
(ii) evidence of the applicant’s ownership of the mineral or minerals.
If there is more than 1 applicant for the licence, a reference in subclause (1) to the applicant is a reference to each applicant.
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.
(Former clause 15 of 2010 Reg)
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 Act, section 15(2)(a), a tender for an exploration licence must be accompanied by the following information—
(a) particulars of the financial resources and relevant technical advice available to the tenderer,
(b) particulars of the estimated amount of money that the tenderer proposes to expend on prospecting.
(Former clause 16 of 2010 Reg)
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.
Nothing in the Act or this Regulation requires the boundaries of an area that is intended to be comprised in an exploration licence to match or mirror the boundaries of 1 or more units.
(Former clause 17 of 2010 Reg)
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.
(Former clause 18 of 2010 Reg)
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) (Repealed)
(d) particulars of the financial resources and relevant technical advice available to the applicant,
(d1) a statement, set out in the approved form, of the corporate compliance, environmental performance history and financial capability of 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,
(iia) a statement giving reasons the decision-maker should be satisfied of the matters referred to in the Act, section 114A(1)(a) and (b),
(iii) a statement giving the reasons for which 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 or Group 9A minerals—a standard map showing the boundaries of the land, or
Note. Group 9 and Group 9A 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.
(Former clause 19 of 2010 Reg)
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 retained is by means of—
(a) in the case of an exploration licence for Group 9 or Group 9A minerals—a standard map showing the boundaries of the land, or
Note. Group 9 and Group 9A 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.
(Former clause 19A of 2010 Reg)
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.
(Former clause 20 of 2010 Reg)
For the Act, section 33(4)(c), the following information must accompany an application for an assessment lease—
(a) a description, set out in the approved form, of the proposed assessment area,
(b) a statement that the proposed assessment area—
(i) contains no land within a protected reserve, or
(ii) contains land within a protected reserve, but the applicant understands that an assessment lease may not be granted over land within the reserve,
Note— See the Act, section 36(b).
(c) an assessment of the mineral bearing capacity of land in the proposed assessment area and of the extent of any mineral deposits in the land,
(d) a specification of the mineral or minerals in relation to which the lease is sought,
(e) particulars of the financial resources and relevant technical advice available to the applicant,
(f) a statement, set out in the approved form, of the corporate compliance, environmental performance history and financial capability of the applicant,
(g) for an assessment (mineral owner) lease—
(i) a specification of the privately owned mineral or minerals in relation to which the lease is sought, and
(ii) evidence of the applicant’s ownership of the mineral or minerals.
If there is more than 1 applicant for the lease, a reference in subclause (1) to the applicant is a reference to each applicant.
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.
(Former clause 21 of 2010 Reg)
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.
(Former clause 22 of 2010 Reg)
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) (Repealed)
(d) particulars of the financial resources and relevant technical advice available to the applicant,
(d1) a statement, set out in the approved form, of the corporate compliance, environmental performance history and financial capability of 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 known resources, and 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 for which 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.
(Former clause 23 of 2010 Reg)
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 retained 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.
(Former clause 24 of 2010 Reg)
For the Act, section 51(4)(c), the following information must accompany an application for a mining lease—
(a) a description, set out in the approved form, of the proposed mining area,
(b) a statement that the proposed mining area—
(i) contains no land within a protected reserve, or
(ii) contains land within a protected reserve, but the applicant understands that a mining lease may not be granted over land within the reserve,
Note— See the Act, section 57(b).
(c) an assessment of the mineral bearing capacity of land in the proposed mining area and of the extent of any mineral deposits in the land,
(d) a specification of the mineral or minerals, or the ancillary mining activity or activities, in relation to which the lease is sought,
(e) particulars of the financial resources and relevant technical advice available to the applicant,
(f) a statement, set out in the approved form, of the corporate compliance, environmental performance history and financial capability of the applicant,
(g) for a mining (mineral owner) lease—
(i) a specification of the privately owned mineral or minerals in relation to which the lease is sought, and
(ii) evidence of the applicant’s ownership of the mineral or minerals.
If there is more than 1 applicant for the lease, a reference in subclause (1) to the applicant is a reference to each applicant.
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.
(Former clause 25 of 2010 Reg)
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 Act, section 65(5), the following periods are prescribed—
(a) for evidence that an application for the development consent required by the Act, section 65 has been made—3 years after the date the application for the mining lease is made,
(b) for evidence that the development consent has been granted and is in force—3 years after the date the application for the development consent is made.
(Former clause 26 of 2010 Reg)
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,
(c) the rehabilitation of surface disturbance.
(Former clause 27 of 2010 Reg)
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) (Repealed)
(c1) a statement, set out in the approved form, of the corporate compliance, environmental performance history and financial capability of the applicant,
(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,
(ii) a summary of the resources on the land comprised in the lease,
(iii) a statement giving the reasons for which 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.
(Former clause 28 of 2010 Reg)
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 retained 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.
(Repealed)
(Former clause 30 of 2010 Reg)
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 the Act, Schedule 1B, clause 7, the provisions of Schedule 8A, Part 2 are prescribed as conditions of a mining lease.
A contravention of a condition of a mining lease by a person—
(a) constitutes an offence under the Act, section 378D by each holder of the lease, and
(b) if committed by a corporation, constitutes an executive liability offence, and
(c) is grounds for cancellation of the lease under the Act, section 125.
The conditions do not apply to a mining lease that is in force on the commencement day—
(a) for a large mine—until the day that is 12 months after the commencement day, or
(b) for a small mine—until the day that is 24 months after the commencement day.
In this clause—
(Former clause 31 of 2010 Reg)
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 Act, Schedule 1B, clause 13(1)(a), a notice must be published—
(a) in at least 1 newspaper circulating generally in the State, and
(b) on the website of the Department.
For the Act, section 113(2), an application for the renewal of an authority must be lodged with the Secretary as follows—
(a) for the renewal of a mining lease for 1 year or less, an exploration licence or an assessment lease—within the period of 3 months before the licence or lease ceases to have effect,
(b) for the renewal of a mining lease for more than 1 year—not earlier than 5 years and not later than 1 year before the lease ceases to have effect.
For the Act, section 114A(3), a decision-maker may have regard to the following matters in deciding whether an area of land is genuinely required to support a proposed work program—
(a) the applicant’s performance measured against previous work programs for the exploration licence,
(b) the renewal justification statement mentioned in clause 18(1)(e),
(c) information or reports provided under a requirement of—
(i) the Act, or
(ii) this Regulation, or
(iii) a condition of the exploration licence.
For the Act, section 115(2), a notice of renewal of an authority must include the following information—
(a) any amendments to the conditions of the authority,
(b) the period for which the authority is renewed,
(c) if the area of land over which the authority is renewed differs from the area subject to the authority immediately before the renewal—a description of the land over which the authority is renewed.
(Former clause 32 of 2010 Reg)
For the Act, section 120(2)(b), an application for approval of the transfer of an authority must be accompanied by the following information—
(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 and written consent of the proposed transferee,
(d) a statement, set out in the approved form, of the corporate compliance, environmental performance history and financial capability 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) (Repealed)
(j) a description of the land prepared in the manner prescribed by 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 or Group 9A minerals—a standard map showing the boundaries of the land, or
Note. Group 9 and Group 9A 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.
(Former clause 33 of 2010 Reg)
This clause applies to the requirements contained in clauses 18 (2), 19, 23 (2), 24, 28 (2), 29 and 33 (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 Act, section 129A, a work program for an application for an authority, or a tender, must—
(a) indicate the nature and extent of operations to be carried out under the authority, and
(b) set out commitments relating to the conduct of the operations, including the timing of the operations, and
(c) provide for the carrying out of activities, including community consultation and environmental management and rehabilitation, in connection with, or ancillary to, the operations, and
(d) for an application, or a tender, for an exploration licence or an assessment lease—include particulars of the estimated amount of money that the applicant proposes to spend on carrying out operations and activities in the authority area.
For an application for a mining lease, the requirements in subclause (1)(a)–(c) may be satisfied by providing a current development consent under the Environmental Planning and Assessment Act 1979 for the development, within the meaning of that Act, in relation to which the mining lease is being applied for.
(Former clause 34 of 2010 Reg)
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,
(f) 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 8,
(g) the mineral or minerals, or the group or groups of minerals, to which the authority relates,
(h) in the case of a mining lease granted in respect of one or more ancillary mining activities—the ancillary mining activity or ancillary mining activities to which the authority relates,
(i) the period for which the authority is to have effect,
(j) the current status of the authority (for example, “current”, “expired” or “cancelled”),
(k) any interest in the authority registered under section 161 of the Act,
(l) the amount of security that is required or held in relation to the authority,
(m) the royalty rate that applies to the authority,
(n) 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 office of the Department is the Maitland office.
(Former clause 35 of 2010 Reg)
For the purposes of section 163 (1) of the Act, the register of colliery holdings must be kept in written or electronic form.
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.
(Former clause 36 of 2010 Reg)
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.
(Former clause 37 of 2010 Reg)
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 139 (2) of the Act, the Minister must, before appointing a person as a member of the Arbitration Panel—
(a) publish a notice inviting applications for appointment to the Arbitration Panel in at least 1 newspaper circulating generally in Australia, and
(b) give notice to at least 1 independent arbitration body recognised in New South Wales, inviting applications for appointment as a member of the Arbitration Panel, and
(c) establish an Assessment Panel, comprising the following 3 members—
(i) 1 person who is an Australian legal practitioner of at least 7 years’ standing who has, in the opinion of the Minister, extensive arbitration experience,
(ii) 1 person nominated by the Minister for Primary Industries,
(iii) 1 person nominated by the Minister, and
(d) direct the Assessment Panel to—
(i) evaluate applications for appointment to the Arbitration Panel, having regard to the eligibility criteria specified in clause 39B, and
(ii) make recommendations for appointment to the Minister, and
(e) have regard to any recommendations made by the Assessment Panel, and
(f) consult with the Minister for Aboriginal Affairs and the Minister for Primary Industries on any proposed appointee.
For the purposes of section 139 (3) of the Act, a person is eligible for appointment as a member of the Arbitration Panel if—
(a) the person—
(i) is an arbitration or mediation professional who holds an accreditation or membership with a relevant professional body, or
(ii) has at least 7 years arbitration or mediation experience, and
(b) the person—
(i) has at least 7 years agricultural or resources experience, or
(ii) is an Australian legal practitioner of at least 7 years standing who has extensive litigation experience.
(c) (Repealed)
For the purposes of section 139 (4) of the Act, the maximum period prescribed for a single term of office as a member of the Arbitration Panel is 3 years.
For the purposes of section 158B (3) (a) of the Act, a complaint made about an arbitrator appointed under section 144 or 145A (7) (b) of the Act—
(a) must be made in writing to the Secretary, and
(b) must be made within 14 days after the subject matter of the complaint first becomes known to the person making the complaint, unless the Secretary considers special circumstances exist that warrant a complaint being permitted to be made after that date.
For the purposes of section 158B (3) (b) of the Act—
(a) the Secretary must provide notice of a complaint made under section 158B (1) of the Act by a party to an arbitration to—
(i) the other party to the arbitration, and
(ii) the arbitrator who is the subject of the complaint, and
(b) that notice must include—
(i) the name and address of the party making the complaint, and
(ii) details about the nature of the complaint, and
(iii) details of any evidence provided by the party making the complaint that supports the complaint.
The Secretary must—
(a) provide an arbitrator the subject of a complaint under section 158B (1) of the Act with a reasonable opportunity to make any submissions about the complaint, and
(b) take any submissions made by the arbitrator into consideration when determining whether to remove the arbitrator under section 158B (1) of the Act.
Any determination of the Secretary in relation to a complaint against an arbitrator must—
(a) be in writing, and
(b) set out the reasons for the determination made in relation to the complaint, and
(c) be given to the party that made the complaint, and the arbitrator who is the subject of the complaint, as soon as practicable.
For the purposes of section 142 (2F) of the Act, the payment of costs is not required unless documentary evidence of the incurring of those costs (including costs relating to time spent participating in negotiating the access arrangement) has been provided to the holder of the prospecting title.
(Former clause 38 of 2010 Reg)
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.
(Former clause 39 of 2010 Reg)
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.
(Former clause 40 of 2010 Reg)
For the Act, section 178(2)(b), 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.
The following information must also be included in 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) a statement, set out in the approved form, of the corporate compliance, environmental performance history and financial capability 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 specification of the mineral or minerals, or the ancillary mining activity or activities, in relation to which the mineral claim is sought,
(i) a statement that the proposed claim area—
(i) contains no land within a protected reserve, or
(ii) contains land within a protected reserve, but the applicant understands that a mineral claim may not be granted over land within the reserve,
Note— See the Act, section 182(1)(b).
(j) a copy of the notice required to be given under the Act, section 177 and a statement by the applicant that the notice was given as required.
Despite clause 94 (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—
(i) in person at, or by post or facsimile to, the Lightning Ridge office of the Department, or
(ii) electronically.
Clause 94 contains provisions relating to the lodgment of applications.
(Former clause 41 of 2010 Reg)
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.
(Former clause 42 of 2010 Reg)
Despite clause 94 (1), an application for the renewal of a mineral claim must be lodged—
(a) in person at, or by post or facsimile to, the Lightning Ridge office of the Department, or
(b) electronically.
Clause 94 contains provisions relating to the lodgment of applications.
For the Act, section 197(2)(b), an application for the renewal of a mineral claim must be lodged with the Secretary within 2 months before the day on which the claim would otherwise expire.
(Former clause 43 of 2010 Reg)
For the Act, section 200(2)(b), an application for the transfer of a mineral claim must include 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 and written consent of the proposed transferee,
(d) a statement, set out in the approved form, of the corporate compliance, environmental performance history and financial capability of the proposed transferee,
(d1) a copy of the notice required to be given under the Act, section 200(2A) and a statement by the applicant that the notice was given as required,
(e) the consent of any person who has a registered legal or equitable interest in the mineral claim being transferred.
Despite clause 94 (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—
(i) in person at, or by post or facsimile to, the Lightning Ridge office of the Department, or
(ii) electronically.
Clause 94 contains provisions relating to the lodgment of applications.
(Former clause 44 of 2010 Reg)
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.
(Former clause 45 of 2010 Reg)
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 am or after 6 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.
(Former clause 46 of 2010 Reg)
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.
(Former clause 47 of 2010 Reg)
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 ancillary mining activities 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.
(Former clause 48 of 2010 Reg)
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) a statement, set out in the approved form, of the corporate compliance, environmental performance history and financial capability of the applicant,
(f) evidence that the notice required to be given under the Act, section 266(4)(b) was given as required.
For subclause (1)(f), the evidence referred to in clause 92(6)(b) is sufficient.
(Former clause 49 of 2010 Reg)
Despite clause 94 (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—
(i) in person at, or by post or facsimile to, the Lightning Ridge office of the Department, or
(ii) electronically.
Clause 94 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.
(Former clause 50 of 2010 Reg)
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.
(Former clause 51 of 2010 Reg)
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.
(Former clause 52 of 2010 Reg)
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 am or after 6 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.
(Former clause 53 of 2010 Reg)
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.
(Former clause 54 of 2010 Reg)
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.
(Former clause 55 of 2010 Reg)
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.
(Former clause 56 of 2010 Reg)
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.
(Former clause 57 of 2010 Reg)
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 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.
(Former clause 58 of 2010 Reg)
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.
(Former clause 58A of 2010 Reg)
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.
(Former clause 58B of 2010 Reg)
The Secretary may issue further requirements relating to reports under clause 59, 60 or 61. Any such requirements must be published in the Gazette.
A report under clause 59, 60 or 61 must be prepared and lodged in accordance with any requirements issued by the Secretary.
(Former clause 58C of 2010 Reg)
A report under clause 59, 60 or 61 must contain all maps, plans and data that are necessary to satisfactorily interpret and evaluate the report.
(Former clause 58D of 2010 Reg)
For the purposes of section 163C (2) (c) of the Act, reports lodged with the Secretary under clause 59 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 59 after the authority to which the report relates ceases to be in force.
(Former clause 58E of 2010 Reg)
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.
(Former clause 59 of 2010 Reg)
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 this clause is to contain a statement acknowledging any person’s copyright in the report.
(Former clause 60 of 2010 Reg)
The holder of an authorisation may apply to the Secretary for an extension of the period during which an annual report or a partial relinquishment or final report must be lodged.
An application for an extension must be lodged with the Secretary not less than 15 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) the period of the extension sought,
(d) the reason for seeking the extension.
On receipt of an application for an extension the Secretary may do either of the following—
(a) grant an extension of the time by which a report must be lodged,
(e) the rehabilitation outcome documents for the mining lease,
(f) a statement of the performance outcomes for the matters addressed by the rehabilitation outcome documents and the ways in which those outcomes are to be measured and monitored.
If a rehabilitation outcome document has not been approved by the Secretary, the holder of the mining lease must include a proposed version of the document.
A rehabilitation management plan is not required to be given to the Secretary for approval.
The holder of the mining lease—
(a) must implement the matters set out in the rehabilitation management plan, and
(b) if the forward program specifies timeframes for the implementation of the matters—must implement the matters within those timeframes.
The holder of a mining lease must amend the rehabilitation management plan for the mining lease as follows—
(a) to substitute the proposed version of a rehabilitation outcome document with the version approved by the Secretary—within 30 days after the document is approved,
(b) as a consequence of an amendment made under clause 14 to a rehabilitation outcome document—within 30 days after the amendment is made,
(c) to reflect any changes to the risk control measures in the prepared plan that are identified in a rehabilitation risk assessment—as soon as practicable after the rehabilitation risk assessment is conducted,
(d) whenever given a written direction to do so by the Secretary—in accordance with the direction.
The holder of a mining lease must prepare the following documents (the
(a) the
rehabilitation objectives statement , which sets out the rehabilitation objectives required to achieve the final land use for the mining area,(b) the
rehabilitation completion criteria statement , which sets out criteria, the completion of which will demonstrate the achievement of the rehabilitation objectives,(c) for a large mine, the
final landform and rehabilitation plan , showing a spatial depiction of the final land use.
If the final land use for the mining area is required by a condition of development consent for activities under the mining lease, the holder of the mining lease must ensure the rehabilitation outcome documents are consistent with that condition.
The holder of a mining lease must prepare a program (a
(a) a schedule of mining activities for the mining area for the next 3 years,
(b) a summary of the spatial progression of rehabilitation through its various phases for the next 3 years,
(c) a requirement that the rehabilitation of land and water disturbed by mining activities under the mining lease must occur as soon as reasonably practicable after the disturbance occurs.
The holder of a mining lease must prepare a report (an
(a) a description of the rehabilitation undertaken over the annual reporting period,
(b) a report demonstrating the progress made through the phases of rehabilitation provided for in the forward program applying to the reporting period,
(c) a report demonstrating progress made towards the achievement of the following—
(i) the objectives set out in the rehabilitation objectives statement,
(ii) the criteria set out in the rehabilitation completion criteria statement,
(iii) for large mines—the final land use as spatially depicted in the final landform and rehabilitation plan.
If a rehabilitation outcome document has not been approved by the Secretary, the holder of the mining lease must rely on a proposed version of the document.
The holder of the mining lease must give the forward program and annual rehabilitation report to the Secretary.
In this clause—
(a) the date on which the mining lease is granted, or
(b) if the Secretary approves another date in relation to the mining lease—the other date.
This clause applies to—
(a) a rehabilitation outcome document if it has been approved by the Secretary, and
(b) a forward program if it has been given to the Secretary.
The holder of a mining lease must not amend a document to which this clause applies that relates to the mining lease unless—
(a) the Secretary gives the holder a written direction to do so, or
(b) the Secretary, on written application by the holder, gives a written approval of the amendment.
The holder of the mining lease must amend the document in accordance with the Secretary’s direction or approval.
Nothing in this clause prevents the holder of a mining lease preparing a draft amendment for submission to the Secretary for approval.
The holder of a mining lease must do the following before the end of the initial period—
(a) prepare a rehabilitation management plan, and
(b) prepare rehabilitation outcome documents and give them, other than the rehabilitation completion criteria statement, to the Secretary for approval, and
(c) prepare a forward program and give it to the Secretary.
The holder of the mining lease must prepare a forward program and annual rehabilitation report and give them to the Secretary before—
(a) 60 days after the last day of each annual reporting period, commencing with the annual reporting period in which the forward program was given to Secretary under subclause (1)(c), or
(b) a later date approved by the Secretary.
A rehabilitation completion criteria statement relating to completion of rehabilitation during a period covered by a forward program must be given to the Secretary for approval when the forward program is required to be given to the Secretary.
The holder of the mining lease must prepare updated rehabilitation outcome documents for the mining lease and give them to the Secretary for approval before—
(a) 60 days after a development consent is modified following an application referred to in clause 20(1)(b), or
(b) a later date approved by the Secretary.
A rehabilitation completion criteria statement is not required to be given to the Secretary under subclause (4) unless a rehabilitation completion criteria statement has already been given to the Secretary under subclause (3).
The Secretary may, by written notice, direct the holder of a mining lease to prepare, or give to the Secretary, a document required to be prepared under this Division at a time other than that specified in this clause.
The holder of the mining lease must comply with the direction.
In this clause—
(a) 30 days, or other period approved by the Secretary, after this Division first applies to the mining lease, or
(b) if this Division applies to the mining lease because of an increase in the required security deposit—
(i) when the surface of the mining area is disturbed by activities under the mining lease, or
(ii) at a later date approved by the Secretary.
This clause applies to the following documents—
(a) a rehabilitation management plan,
(b) a forward program,
(c) an annual rehabilitation report.
The holder of a mining lease must make a document to which this clause applies publicly available by—
(a) publishing it on its website in a prominent position, or
(b) if the holder does not have a website— providing a copy of it to a person—
(i) on the written request of a person, and
(ii) without charge, and
(iii) within 14 days after the request is received.
If a document is published on the website of the holder of the mining lease, the holder must ensure that it is published—
(a) for a rehabilitation management plan—within 14 days after it is prepared or amended, or
(b) for a forward program or an annual rehabilitation report—within 14 days after it is given to the Secretary or amended,
Personal information within the meaning of the Privacy and Personal Information Protection Act 1998 is not required to be included in a document made available to a person under this clause.
The holder of a mining lease must create and maintain records of all actions taken that demonstrate compliance with each of the conditions set out in this Part.
The Act, sections 163D and 163E provide for the form in which records must be kept and the period for which they must be retained.
The holder of a mining lease must provide the Minister with a written report detailing any non-compliance with—
(a) a condition of the mining lease, or
Note— The Act, section 364A contains provisions relating to the use and disclosure of information provided under this condition.
(b) a requirement of the Act or this Regulation relating to activities under the mining lease.
The holder of the mining lease must provide the report within 7 days after becoming aware of the non-compliance.
The holder of the mining lease must ensure the report—
(a) identifies the condition of the mining lease, or the requirement of the Act or this Regulation, to which the non-compliance relates, and
(b) describes the non-compliance and specifies the date or dates on which, or the period during which, the non-compliance occurred, and
(c) describes the causes or likely causes of the non-compliance, and
(d) describes the action that has been taken, or will be taken, to mitigate the effects, and to prevent any recurrence, of the non-compliance.
The holder of a mining lease must nominate a natural person to be the contact person with whom the Secretary can communicate in relation to the mining lease for the purposes of the Act.
The Act, section 383 sets out the ways in which notices or other documents may be issued or given to, or served on, a person for the purposes of the Act.
The holder of the mining lease must give written notice to the Secretary of—
(a) the full name and contact details of the nominated person—within 28 days after the date on which the standard conditions apply to the mining lease under clause 31A of this Regulation, and
(b) any change in nomination or in the nominated person’s contact details—within 28 days after the change occurs.
The holder of the mining lease must ensure that the contact details for the nominated person include the person’s phone number and postal and email addresses.
The holder of a mining lease must give written notice to the Secretary within 10 days after—
(a) making an application for development consent that relates to the mining area, or
(b) making an application for modification of a development consent—
(i) under the Environmental Planning and Assessment Act 1979, section 4.55(2), and
(ii) that proposes to modify a condition of the consent that relates to rehabilitation of the mining area in a way that may affect an obligation under the mining lease relating to rehabilitation of the mining area.
This clause does not apply if the development is State significant development.
(Part 8)
Column 1 | Column 2 | |
Matter | Fee | |
1 | Application for exploration licence—Groups 1–8, 10 and 11 minerals (Division 1 of Part 3 of the Act)— | |
| $1,000 | |
| ||
| $12.50 | |
| $6.25 | |
2 | Application for exploration licence—Groups 9 and 9A minerals (Division 1 of Part 3 of the Act)— | |
| $1,000 | |
| $2 | |
3 | Application for exploration (mineral owner) licence (Division 1 of Part 3 of the Act)— | |
| $1,000 | |
| $2 | |
4 | Tender for exploration licence—Groups 1–8, 9A, 10 and 11 minerals (section 15 of the Act)— | |
| $1,000 | |
| ||
| $12.50 | |
| $6.25 | |
5 | Tender for exploration licence—Groups 9 and 9A minerals (section 15 of the Act) | $2,200 |
6, 7 | (Repealed) | |
8 | Application for renewal of exploration licence—Groups 1–8, 10 and 11 minerals (section 113 of the Act)— | |
| $2,000 | |
| ||
| $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 | |
11 | 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 |
12 | Application for assessment lease (section 33 of the Act)— | |
| $2,000 | |
| $6 | |
13 | Application for renewal of assessment lease (section 113 of the Act)— | |
| $2,000 | |
| $6 | |
14 | 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 | |
15 | Application for mining lease (section 51 of the Act) | $10,000 |
16 | Tender for mining lease (section 53 of the Act) | $10,000 |
17 | On grant of mining lease (section 63 of the Act)—per hectare or part hectare of land to which the lease relates | $85 |
18 | Application for suspension of operations under mining lease—the Act, Schedule 1B, clause 14(1) | $250 |
19 | (Repealed) | |
20 | Application for addition of petroleum to mining lease (section 78 of the Act) | $6,000 |
21 | (Repealed) | |
21A | Application for variation of mining lease (clause 12 of Schedule 1B to the Act) to impose a condition to regulate the carrying out of an ancillary mining activity on land that is not within the mining area that is the subject of the mining lease | $8,000 |
22 | Application for consolidation of mining leases (section 86 of the Act) | $1,000 |
23 | (Repealed) | |
24 | Application for renewal of mining lease (section 113 of the Act)— | |
| $3,000 | |
| $36 | |
25 | Lodgment of objection to significant improvement claim (section 62 (6A) of the Act and clause 23A of Schedule 1 to the Act) (exclusive of GST) | $2,000 |
26 | (Repealed) | |
27 | Annual rental fee (section 292F of the Act) | $6.50 per ha or $650 per sq km or $0.00065 per sq m |
28 | Application for approval of transfer of authority (section 120 of the Act) | $1,000 |
29 | Application for approval of partial transfer of authority (section 120 of the Act) | $1,650 |
30, 31 | (Repealed) | |
32 | Application for cancellation of authority (section 125 of the Act) | $250 |
33 | Application for partial cancellation of authority (section 125 of the Act) | $500 |
34–37 | (Repealed) | |
38 | Application for registration of each interest (section 161 of the Act) | $250 |
39–44 | (Repealed) | |
The class of a mineral claim is specified by the Minister, by order published in the Gazette, under section 175 of the Act. | ||
45 | Application for Class A mineral claim in the Lightning Ridge Mineral Claims District (section 178 of the Act)— | |
| $130 | |
| $330 | |
| $470 | |
46 | Application for Class B mineral claim in the Lightning Ridge Mineral Claims District (section 178 of the Act) | $470 |
47 | Application for Class C mineral claim (prospecting following opal prospecting licence) in the Lightning Ridge Mineral Claims District (section 178 of the Act) | $180 |
48 | Application for Class D mineral claim (ancillary mining activity—processing) in the Lightning Ridge Mineral Claims District (section 178 of the Act) | $470 |
49 | Application for Class E mineral claim (ancillary mining activity—mullock stockpiling) in the Lightning Ridge Mineral Claims District (section 178 of the Act) | $470 |
50 | 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 |
51 | Application for Class G mineral claim (open cut mining operations) in the Lightning Ridge Mineral Claims District (section 178 of the Act) | $470 |
52 | Application for mineral claim area in the White Cliffs Mineral Claims District (section 178 of the Act) | $130 |
53 | Application for renewal of mineral claim area in the White Cliffs Mineral Claims District (section 197 of the Act)—per year of tenure | $100 |
54 | Application for renewal of Class A mineral claim in the Lightning Ridge Mineral Claims District (section 197 of the Act)— | |
| $100 | |
| $300 | |
| $470 | |
55 | Application for renewal of Class B mineral claim in the Lightning Ridge Mineral Claims District (section 197 of the Act) | $470 |
56 | Application for renewal of Class D mineral claim (ancillary mining activity—processing) in the Lightning Ridge Mineral Claims District (section 197 of the Act) | $470 |
57 | Application for renewal of Class E mineral claim (ancillary mining activity—mullock stockpiling) in the Lightning Ridge Mineral Claims District (section 197 of the Act) | $470 |
58 | 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 |
59 | Application for transfer of mineral claim (section 200 of the Act) | $120 |
60–63 | (Repealed) | |
64 | Application for opal prospecting licence (section 226 of the Act) | $30 |
65 | Registration of legal or equitable interest (section 235F (3) of the Act) | $65 |
66 | Application for environmental assessment permit (section 252 of the Act) | $420 |
67 | (Repealed) | |
68 | Fee per hour for provision of information (not including prescribed records available at prescribed locations) (exclusive of GST) | $150 |
(Clause 99)
Column 1 | Column 2 | Column 3 |
Offence | Individual | Corporation |
Section 5 | $2,500 | $5,000 |
Section 6 | $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 140 | $1,250 | $2,500 |
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 | $2,500 | $5,000 |
Section 248S(1) in relation to failure to comply with requirement under section 248B(1) | $1,250 | $2,500 |
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 | $110 | $110 |
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 378D(2) | $1,250 | $2,500 |
Section 378ZFE | $2,500 | $5,000 |
Section 394(5) | $2,500 | $5,000 |
Clause 12 (1) or (2) | $750 | $1,500 |
Clause 39 (8) | $750 | $1,500 |
Clause 40 (11) | $750 | $1,500 |
Clause 47 (7) | $750 | $1,500 |
Clause 54 (7) | $750 | $1,500 |
Clause 76 (3) | $750 | $1,500 |
Clause 96 (4) | $750 | $1,500 |
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.
Any person appointed as a royalty officer or an inspector immediately before the commencement of section 361 of the Act (as substituted by the Mining Amendment Act 2008) is taken to be an inspector appointed under section 361 of the Act.
An application for an exploration licence (pending immediately before the commencement of the Mining Regulation 2010) 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 the Mining Regulation 2010) 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 the Mining Regulation 2010) 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 the Mining Regulation 2010) 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 the Mining Regulation 2010) 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 the Mining Regulation 2010) granted in respect of geothermal substances is taken to be an assessment lease or mining lease granted in respect of geothermal energy.
In this Part—
Despite the amendment made by Schedule 2 [2] to the Mining Legislation Amendment (Uranium Exploration) Act 2012, 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 5 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.
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 70 (2) (a) of this Regulation, 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.
Any act, matter or thing that, immediately before the repeal of the Mining Regulation 2010, had effect under that Regulation is taken to have effect under this Regulation.
On and from the commencement of the amending Act—
(a) for an application for an exploration licence for Group 1 minerals existing immediately before the commencement of the amending Act—a reference to Group 1 minerals in the application must be taken to include hafnium, and
(b) for an exploration licence for Group 1 minerals in force immediately before the commencement of the amending Act—a reference to Group 1 minerals in the exploration licence must be taken to include hafnium, and
(c) for another kind of application or authority existing immediately before the commencement of the amending Act—a reference to a mineral or group of minerals in the application or authority must be taken not to include a reference to hafnium unless otherwise permitted under the Act after the commencement of the amending Act.
In this clause—
Mining Regulation 2016 (498). LW 12.8.2016. Date of commencement, on publication on LW, cl 2. This Regulation has been amended as follows—
(719) | Mining Legislation Amendment (Arbitration) Regulation 2016. LW 1.12.2016. Date of commencement, 1.12.2016, cl 2. | |
No 17 | Crown Land Legislation Amendment Act 2017. Assented to 17.5.2017. Date of commencement of Sch 4, 1.7.2018, sec 2 (1) and 2018 (225) LW 1.6.2018. | |
No 27 | Mining and Petroleum Legislation Amendment Act 2017. Assented to 27.6.2017. Date of commencement, assent, sec 2. | |
(21) | Mining Amendment (Fees) Regulation 2017. LW 1.2.2018. Date of commencement, on publication on LW, cl 2. | |
No 25 | Statute Law (Miscellaneous Provisions) Act 2018. Assented to 15.6.2018. Date of commencement of Sch 3, 14 days after assent, sec 2 (1). | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4). | |
(360) | Mining Amendment (Standard Conditions of Mining Leases—Rehabilitation) Regulation 2021. LW 2.7.2021. Date of commencement, on publication on LW, cl 2. | |
(42) | Mining Amendment (Competitive Selection Process) Regulation 2022. LW 18.2.2022. Date of commencement, on publication on LW, sec 2. | |
(622) | Mining Amendment (Royalties for Rejuvenation Fund) Regulation 2022. LW 21.10.2022. Date of commencement, 21.10.2022, sec 2. | |
No 59 | Statute Law (Miscellaneous Provisions) Act (No 2) 2022. Assented to 26.10.2022. Date of commencement, 13.1.2023, sec 2. | |
(802) | Mining Amendment Regulation 2022. LW 16.12.2022. Date of commencement of Sch 1[1]–[4] [7]–[13] [15]–[40] and [42]–[65], 1.3.2023, sec 2(d); date of commencement of Sch 1[5] [6], 1.3.2024, sec 2(a); date of commencement of Sch 1[14], 13.1.2023, sec 2(b); date of commencement of Sch 1[41], 1.5.2023, sec 2(c). | |
(220) | Mining Amendment (Base Rates of Royalty for Coal) Regulation 2024. LW 21.6.2024. Date of commencement, 1.7.2024, sec 2. | |
(241) | Mining Amendment (Small-scale Titles) Regulation 2025. LW 30.5.2025. Date of commencement, on publication on LW, sec 2. | |
No 37 | Revenue and Other Legislation Amendment Act 2025. Assented to 1.7.2025. Date of commencement of Sch 4, assent, sec 2(c). | |
(456) | Mining Amendment (Arbitration) Regulation 2025. LW 29.8.2025. Date of commencement, on publication on LW, sec 2. |
Cl 3 | Am 2022 (622), Sch 1[1]; 2022 (802), Sch 1[1] [2]. |
Cl 4 | Rep 2022 (802), Sch 1[3]. |
Cl 7 | Am 2017 No 27, Sch 2 [2] [3]. |
Cl 8 | Subst 2022 (802), Sch 1[4]. |
Cl 9 | Am 2022 (802), Sch 1[5] [6]. |
Cl 12 | Am 2022 (802), Sch 1[7]. |
Cl 13 | Subst 2022 (802), Sch 1[8]. |
Cl 14 | Am 2022 (802), Sch 1[9]. |
Cl 15A | Ins 2022 (802), Sch 1[10]. |
Cl 16 | Am 2016 (719), Sch 2 [1]. |
Cl 18 | Am 2022 (802), Sch 1[11]–[13]. |
Cl 19 | Am 2022 (802), Sch 1[14]. |
Cl 21 | Am 2022 (802), Sch 1[15]. |
Cl 23 | Am 2022 (802), Sch 1[11] [16]. |
Cl 24 | Am 2022 (802), Sch 1[14]. |
Cl 25 | Am 2022 (802), Sch 1[17]. |
Cl 26A | Ins 2022 (802), Sch 1[18]. |
Cl 27 | Am 2022 (802), Sch 1[19]. |
Cl 28 | Am 2022 (802), Sch 1[11] [20]. |
Cl 29 | Am 2022 (802), Sch 1[14]. |
Cl 30 | Rep 2022 (802), Sch 1[21]. |
Cl 31A | Ins 2021 (360), Sch 1[1]. |
Part 3, Div 4, heading | Am 2022 (802), Sch 1[22]. |
Cl 32A | Ins 2022 (802), Sch 1[23]. |
Cl 32B | Ins 2022 (802), Sch 1[23]. |
Cl 32C | Ins 2022 (802), Sch 1[23]. |
Cl 32D | Ins 2022 (802), Sch 1[23]. |
Cl 33 | Am 2022 (802), Sch 1[11] [24] [25]. |
Cl 35 | Subst 2022 (802), Sch 1[26]. |
Part 3, Div 6 | Ins 2016 (719), Sch 2 [2]. |
Cl 39A | Ins 2016 (719), Sch 2 [2]. |
Cl 39B | Ins 2016 (719), Sch 2 [2]. Am 2025 (456), Sch 1. |
Cl 39C | Ins 2016 (719), Sch 2 [2]. |
Cl 39D | Ins 2016 (719), Sch 2 [2]. |
Cl 39E | Ins 2016 (719), Sch 2 [2]. |
Cl 39F | Ins 2016 (719), Sch 2 [2]. |
Cl 42 | Am 2022 (802), Sch 1[27]–[30]; 2025 (241), Sch 1[1]. |
Cl 44 | Am 2025 (241), Sch 1[2]. |
Cl 44A | Ins 2022 (802), Sch 1[31]. |
Cl 45 | Am 2022 (802), Sch 1[32] [33]; 2025 (241), Sch 1[3]. |
Cl 50 | Am 2022 (802), Sch 1[34]. |
Cl 51 | Am 2025 (241), Sch 1[4]. |
Cl 59 | Am 2022 (802), Sch 1[35]. |
Cl 67 | Am 2022 (802), Sch 1[36]–[38]. |
Cl 70 | Am 2017 No 17, Sch 4.57 [1]; 2020 No 30, Sch 4.45. |
Cl 71 | Am 2022 (802), Sch 1[39]. |
Cl 74 | Am 2024 (220), Sch 1[1]–[3]. |
Cl 75 | Rep 2025 No 37, Sch 4[1]. |
Cl 76 | Am 2025 No 37, Sch 4[2] [3]. |
Cl 77 | Am 2025 No 37, Sch 4[4]–[6]. |
Cl 77A | Ins 2025 No 37, Sch 4[7]. |
Cl 77B | Ins 2025 No 37, Sch 4[7]. |
Cl 77C | Ins 2025 No 37, Sch 4[7]. |
Cl 77D | Ins 2025 No 37, Sch 4[7]. |
Cl 77E | Ins 2025 No 37, Sch 4[7]. |
Cl 77F | Ins 2025 No 37, Sch 4[7]. |
Cl 79A | Ins 2022 (802), Sch 1[40]. |
Cl 79B | Ins 2022 (802), Sch 1[41]. |
Cl 80 | Am 2022 (802), Sch 1[42]–[44]. |
Cl 85 | Subst 2022 (802), Sch 1[45]. |
Cl 85A | Ins 2022 (802), Sch 1[45]. |
Cl 86 | Subst 2022 (802), Sch 1[46]. |
Cl 86A | Ins 2022 (802), Sch 1[46]. |
Cl 86B | Ins 2022 (802), Sch 1[46]. |
Cl 86C | Ins 2022 (802), Sch 1[46]. |
Part 9A | Ins 2022 (622), Sch 1[2]. |
Cl 89A | Ins 2022 (622), Sch 1[2]. |
Cl 89B | Ins 2022 (622), Sch 1[2]. |
Cl 89C | Ins 2022 (622), Sch 1[2]. |
Cl 89D | Ins 2022 (622), Sch 1[2]. |
Part 9B | Ins 2022 (802), Sch 1[47]. |
Part 9B, Div 1 | Ins 2022 (802), Sch 1[47]. |
Cl 89E | Ins 2022 (802), Sch 1[47]. |
Cl 89F | Ins 2022 (802), Sch 1[47]. |
Part 9B, Div 2 | Ins 2022 (802), Sch 1[47]. |
Cl 89G | Ins 2022 (802), Sch 1[47]. |
Cl 89H | Ins 2022 (802), Sch 1[47]. |
Cl 89I | Ins 2022 (802), Sch 1[47]. |
Cl 89J | Ins 2022 (802), Sch 1[47]. |
Cl 89K | Ins 2022 (802), Sch 1[48]. |
Cl 89L | Ins 2022 (802), Sch 1[48]. |
Cl 89M | Ins 2022 (802), Sch 1[48]. |
Cl 90A | Ins 2022 (802), Sch 1[49]. |
Cl 92A | Ins 2022 (802), Sch 1[50]. |
Cl 92B | Ins 2022 (802), Sch 1[50]. |
Cl 93A | Ins 2022 (802), Sch 1[51]. |
Cl 94 | Am 2022 (802), Sch 1[52]; 2025 (241), Sch 1[5]. |
Cl 94AA | Ins 2022 (802), Sch 1[53]. |
Cl 94AB | Ins 2025 No 37, Sch 4[8]. |
Cl 94A | Ins 2022 (42), cl 3. |
Cl 94B | Ins 2022 (802), Sch 1[54]. |
Cl 95 | Rep 2022 (802), Sch 1[55]. |
Cl 99A | Ins 2022 (802), Sch 1[56]. |
Cl 101A | Ins 2022 (802), Sch 1[57]. |
Sch 1 | Am 2022 (802), Sch 1[58]; 2025 No 37, Sch 4[9]. |
Sch 2 | Am 2022 (802), Sch 1[59]; 2025 No 37, Sch 4[10]. |
Sch 3 | Subst 2022 (802), Sch 1[60]. |
Sch 5 | Am 2017 No 17, Sch 4.57 [2] [3]; 2018 No 25, Sch 3.11 [1] [2]. |
Sch 7A | Ins 2022 (622), Sch 1[3]. |
Sch 8A | Ins 2021 (360), Sch 1[2]. Am 2022 No 59, Sch 2.30; 2022 (802), Sch 1[61] [62]. |
Sch 9 | Am 2017 No 27, Sch 2 [4]; 2018 (21), cl 3; 2022 (802), Sch 1[63] [64]. |
Sch 10 | Am 2022 (802), Sch 1[65]. |
Sch 11 | Ins 2025 No 37, Sch 4[11]. |
The whole Regulation | Am 2017 No 27, Sch 2 [1] (“mining purpose” and “mining purposes” omitted wherever occurring, “ancillary mining activity” and “ancillary mining activities” inserted instead, respectively). |
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