National Parks and Wildlife (Mining Prohibition) Amendment Act 1990 (NSW)
NATIONAL PARKS AND WILDLIFE (MINING PROHIBITION)
AMENDMENT ACT 1990 No. 71
NEW SOUTH WALES
TABLE OF PROVISIONS
1. Short title
2. Commencement
3. Amendment of National Parks and Wildlife Act 1974 No. 80
SCHEDULE 1 - AMENDMENTS
NATIONAL PARKS AND WILDLIFE (MINING PROHIBITION)
| AMENDMENT ACT 1990 No. 71 |
NEW SOUTH WALES
Act No. 71, 1990
An Act to amend the National Parks and Wildlife Act 1974 in connection with prospecting and mining in national parks and certain other lands reserved or dedicated under that Act. [Assented to 28
November 1990]
National Parks and Wildlife (Mining Prohibition) Amendment 1990
The Legislature of New South Wales enacts:
Short title
1. This Act may be cited as the National Parks and Wildlife
(Mining Prohibition) Amendment Act 1990.
Commencement
2. This Act commences on the date of assent.
Amendment of National Parks and Wildlife Act 1974 No. 80
3. The National Parks and Wildlife Act 1974 is amended as set out
in Schedule 1.
SCHEDULE 1 - AMENDMENTS (Sec. 3)
(1) Section 5 (Definitions):
Section 5 (1):
Insert, in alphabetical order, the following definitions:
"minerals" includes coal, shale and petroleum;
"prospect" means search for any mineral by any means and carry out such works and remove such samples as may be necessary to test the mineral bearing qualities of land;
(2) Section 41: Omit the section, insert instead:
Mining
41. (1) It is unlawful to prospect or mine for minerals in
a national park or historic site, except as expressly
authorised by an Act of Parliament.
(2) The Mining Act 1973, the Coal Mining Act 1973, the Petroleum Act 1955 and the Petroleum (Submerged Lands) Act 1982 do not apply to or in respect of lands within a national park or historic site.
National Parks and Wildlife (Mining Prohibition) Amendment 1990
| SCHEDULE l - AMENDMENTS - continued |
| (3) This section does not apply to or in respect of existing interests, or the renewal or extension of the term of any |
| (4) The Minister may, subject to such terms and conditions as the Minister may determine from time to time, approve of prospecting for minerals being carried out on behalf of the Government in a national park or historic site by a person nominated by the Minister for Minerals and Energy. |
| (5) Such an approval has no force unless, before the approval is granted, notice of intention to grant the |
(a) no notice of motion that the approval not granted is given in either House of Parliament within 15 sitting days of that House after the notice of intention was laid before it; or (b) if notice of such a motion is given, the motion is withdrawn, is defeated or lapses. (6) A certificate by the Minister to the effect that the requirements of this section have been complied with in respect of an approval specified in the certificate is conclusive evidence of compliance with those requirements.
(7) Except as provided by this section, nothing in this section affects the right, title or interest of any person in respect of minerals in any lands within a national park or historic site.
(3) Section 54:
Omit the section, insert instead
Mining
54. The provisions of section 41 apply to and in respect of a nature reserve in the same way as they apply to and in respect of a national park or historic site.
National Parks and Wildlife (Mining Prohibition) Amendment 1990
SCHEDULE 1 - AMENDMENTS - continued
(4) Section 58F:
Omit the section, insert instead:
Mining
58F. The provisions of section 41 apply to and in respect of a state game reserve in the same way as they apply to and in respect of a national park or historic site.
(5) Section 64:
Omit the section, insert instead:
Mining
64. The provisions of sections 41 and 42 apply to and in respect of an Aboriginal area in the same way as they apply to and in respect of a national park or historic site.
[Minister’s second reading speech made in - Legislative Assembly on 17 October 1990
Legislative Council on 22 November 1990]
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