Statutes Amendment (Mineral Resources) Act 2019 (SA)
South Australia
An Act
to amend the
This Act may be cited as the
Statutes Amendment (Mineral Resources) Act 2019 .
(1) This Act will come into operation on a day to be fixed by proclamation.
(2) Section 7(5) of the
Acts Interpretation Act 1915 does not apply to this Act or a provision of this Act.
In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.
(1) Section 6(1)—after the definition of
Adelaide Dolphin Sanctuary insert:
advanced exploration operations —see subsection (1a);
ancillary operations means—
(a) ancillary operations for the carrying on of any business that may be conducive to the effective conduct of mining operations or operations associated with providing amenities for persons engaged in the conduct of mining operations; or
(b) operations which are brought within the ambit of this definition by a determination of the Minister or by the regulations,
but does not include operations excluded from the ambit of this definition by a determination of the Minister or by the regulations;
(2) Section 6(1)—after the definition of
authorised officer insert:
authorised operations means—
(a) exploration operations; or
(b) mining operations; or
(c) ancillary operations;
(3) Section 6(1)—after the definition of
baseline insert:
business day means any day except—
(a) a Saturday, Sunday or public holiday; or
(b) a day which falls between 25 December and 1 January in the following year;
(4) Section 6(1), definition of
Crown lands —delete the definition(5) Section 6(1)—after the definition of
declared equipment insert:
director of a company includes a person occupying or acting in the position of a director or member of the governing body of the company, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position, and includes any person in accordance with whose directions or instructions the directors or members of the governing body are accustomed to act;(6) Section 6(1), definition of
exempt land —delete "mining" and substitute:authorised
(7) Section 6(1), definition of
exploration authority , (e)—delete "exploratory operations" and substitute:exploring
(8) Section 6(1), definition of
exploring —delete the definition and substitute:
exploring orexploration operations means operations of any kind in the course of—
(a) prospecting for minerals; or
(b) exploring for minerals; or
(c) establishing the extent of a mineral deposit; or
(d) undertaking any other activity brought within the ambit of this definition by a determination of the Minister or by the regulations; or
(e) providing for the rehabilitation of land on account of the impact of any operations under a preceding paragraph,
including such operations carried out at a private mine, and being operations that are classified as
low impact exploration operations oradvanced exploration operations under subsection (1a), andto explore andexploratory have corresponding meanings;(9) Section 6(1), definition of
extractive minerals —after paragraph (b) insert:or
(c) proppant sand;
(10) Section 6(1), after the definition of
the Land and Valuation Court insert:
low impact exploration operations —see subsection (1a);(11) Section 6(1)—after the definition of
mineral land insert:
mineral tenement means—
(a) a claim, lease or licence under this Act; or
(b) an entitlement under this Act with respect to a private mine,
(and includes, if the context so requires, the place that constitutes such a claim, lease, licence or private mine);
(12) Section 6(1), definition of
minerals , (a)—after "sand" insert:, proppant sand
(13) Section 6(1), definition of
minerals , (d)—after "soil" insert:or moss rocks
(14) Section 6(1), definition of
mining , (d)—delete paragraph (d) and substitute:
(d) operations carried out at a private mine; or
(da) operations which are brought within the ambit of this definition by a determination of the Minister or by the regulations; or
(db) operations for the rehabilitation of land on account of the impact of any operations under a preceding paragraph, or on account of a mine closure; or
(15) Section 6(1), definition of
mining operator —delete the definition(16) Section 6(1), definition of
mining tenement —delete the definition and substitute:
Mining Rehabilitation Fund orfund means the Mining Rehabilitation Fund established under section 62AA;(17) Section 6(1), definition of
native title mining determination —delete "mining operator" and substitute:tenement holder
(18) Section 6(1), definition of
prescribed notice of entry —delete the definition and substitute:
private mine means an area declared to be a private mine under section 19 as in force immediately before 1 September 2000;(19) Section 6(1), definition of
production tenement , (c)—delete "exploratory operations" and substitute:exploring
(20) Section 6(1), definition of
production tenement —after paragraph (c) insert:
(d) an entitlement under this Act with respect to a private mine;
(21) Section 6(1), definition of
radioactive mineral —delete the definition(22) Section 6(1)—delete the definition of
relevant Act and substitute:
related body corporate , in relation to a particular entity (being a body corporate), is a body corporate that is related to the entity under section 50 of theCorporations Act 2001 of the Commonwealth;(23) Section 6(1)—after the definition of
River Murray Protection Area insert:
royalty assessment principles means the principles set out in section 17 that apply for the purposes of assessing royalty;
senior warden means a warden nominated by the Attorney‑General to be the senior warden of the Warden's Court;(24) Section 6(1)—after the definition of
surface stratum insert:
tenement holder , orholder in relation to a mineral tenement, means—
(a) the registered holder of a mineral tenement; or
(b) in relation to a private mine—
(i) in Part 2A Divisions 1 to 5 (inclusive)—a proprietor of a private mine; or
(ii) in any other case—a person carrying out mining operations in relation to a private mine,
and includes—
(c) a person who is prospecting for minerals under section 20; and
(d) an executor, administrator or successor at law;
(25) Section 6—after subsection (1) insert:
(1a) For the purposes of this Act, exploration operations are classified—
(a) as
low impact exploration operations , being exploration operations—
(i) which are not reasonably expected to have any significant adverse impact on the environment; or
(ii) which will reduce the impact of such operations on the environment; or
(iii) which are brought within the scope of low impact exploration operations by determination of the Minister or by the regulations,
that do not fall within the scope of paragraph (b)(i) or (iii); or
(b) as
advanced exploration operations , being exploration operations—
(i) which involve the use of declared equipment; or
(ii) which fall outside the scope of paragraph (a)(i) or (iii); or
(iii) which are brought within the scope of advanced exploration operations by determination of the Minister or by the regulations.
(26) Section 6(5)—delete "mining tenement" and substitute:
mineral tenement
(27) Section 6—after subsection (6) insert:
(7) A reference to a private mine in a definition in this section only has effect to the extent that the defined term is used in a provision of this Act that applies to or in relation to a private mine, or to a person carrying out operations in relation to a private mine, by virtue of the operation of section 73D.
(8) Any determination of the Minister under this section—
(a) must be published in the Gazette; and
(b) may be varied or revoked by the Minister by a subsequent notice published in the Gazette.
(9) A provision of this Act that requires a tenement holder (or prospective tenement holder)—
(a) to obtain the agreement or consent of an owner of land; or
(b) to give a notice to, or to serve a notice on, an owner of land,
will, in relation to a person who is within the ambit of paragraph (c) or (d) of the definition of
owner of land , apply—
(c) to the extent that the tenement holder (or prospective tenement holder) is aware of such a person; or
(d) to the extent that it is reasonable to expect the tenement holder (or prospective tenement holder) to be aware of such a person.
(1) Section 7(2)—delete subsection (2) and substitute:
(2) The regulations may provide that a specified provision of this Act applies, or applies with prescribed modifications, to or in relation to land that is not mineral land.
(2a) The regulations may provide that a specified provision of this Act does not apply, or applies with prescribed modifications, to or in relation to mining operations for the recovery of extractive minerals that are authorised under another Act.
(2b) Royalty is payable under this Act in respect of the recovery of extractive minerals under another Act, except where the provisions of the other Act provide that royalty is not payable under this Act.
(2) Section 7(3)—delete "mining operations" and substitute:
authorised operations
(1) Section 8(4)—delete "mining tenement" and substitute:
mineral tenement
(2) Section 8(6)—delete "mining tenement" and substitute:
mineral tenement
(3) Section 8—after subsection (6) insert:
(7) A proclamation made before 29 June 1972 cannot limit or affect, and will be taken not to have limited or affected, the exercise of the power to make a proclamation under this section on or after that date, and to the extent to which there is an inconsistency between a proclamation made on or after that date and a proclamation made before that date (including, in relation to the earlier proclamation, a proclamation that reserved specific land from the operation of the repealed Act), the later proclamation will prevail.
Section 8(2)—delete "mining operations" and substitute:
authorised operations
(1) Section 9(1)(a)(i)—delete subparagraph (i) and substitute:
(i) as a yard or garden;
(ia) as a cultivated field, plantation, orchard or vineyard;
(2) Section 9(1)(d)(i)—delete "400 metres" and substitute:
the prescribed distance
(3) Section 9(1)(d)(ii)(A)—delete "of $200 or more" and substitute:
equal to or exceeding the prescribed amount
(4) Section 9(1)(d)—delete "mining operations" and substitute:
authorised operations
(5) Section 9(1)—delete "shall be exempt from mining operations" and substitute:
will be exempt from authorised operations
(6) Section 9(1)—delete "shall authorise prospecting, exploring or mining upon" and substitute:
will authorise authorised operations on
(7) Section 9(1)—delete "does not prevent the pegging out of a claim upon such land" and substitute:
does not restrict prospecting under section 20 or establishing a claim on such land or the issue of a mineral tenement (subject to gaining access under this Act)
(8) Section 9(2)—delete "mining operations" and substitute:
authorised operations
(9) Section 9(2)—delete "the pegging out, or granting, of the claim, lease or licence" and substitute:
establishing a claim or an application for a lease or licence
(10) Section 9(3b)—delete subsection (3b) and substitute:
(3b) The following persons will, for the purposes of this Act, be regarded as having the benefit of an exemption under this section (and subject to an order of a court under section 9AA, each person who has the benefit of an exemption must be a party to an agreement to waive the benefit before the land can cease to be exempt land):
(a) the owner of the exempt land;
(b) in the case of land that is exempt from authorised operations under subsection (1)(d) by reason of its proximity to other land on which a building, structure, spring, well, reservoir or dam is situated—the owner of that other land.
(11) Section 9(4)—delete "mining operations" and substitute:
authorised operations
(12) Section 9(5), definition of
mining operations —delete the definition and substitute:
Minister of Public Works means the Minister to whom the administration of theWater Industry Act 2012 is committed;
prescribed amount means—
(a) $2 500; or
(b) if a greater amount is prescribed by regulation for the purposes of this definition—that amount;
prescribed distance means—
(a) in relation to low impact exploration operations—200 metres; and
(b) in relation to advanced exploration operations or any operations for the recovery of extractive minerals—400 metres; and
(c) in relation to any other authorised operations—
(i) a distance prescribed by the regulations (which may make different provision according to the circumstances or thing to which it is expressed to apply); or
(ii) if no distance is prescribed under subparagraph (i)—600 metres.
(1) Section 9AA(1)—delete subsection (1) and substitute:
(1) A tenement holder may, by written notice given to an owner of land who has the benefit of an exemption under section 9, request the owner to enter into an agreement with the tenement holder to waive the benefit of the exemption.
(1a) If a mineral claim is registered or an application is made for a production tenement or miscellaneous purposes licence, an owner of land who has the benefit of an exemption under section 9 in respect of the land to which the claim or application relates may, by written notice given to the tenement holder, advise the tenement holder of the owner's position in relation to the waiver of the benefit of the exemption, and the conditions (if any) on which the owner may agree to waive the benefit of the exemption.
(2) Section 9AA(2)—after "subsection (1)" insert:
or (1a)
(3) Section 9AA(3)—after paragraph (a) insert:
(ab) may be made on such terms and conditions as the parties think fit; and
(4) Section 9AA(4)—delete subsection (4) and substitute:
(4) An owner of land who has entered into an agreement with a tenement holder to waive the benefit of an exemption may, by giving the tenement holder written notice before the expiration of the cooling-off period of the owner's intention not to be bound by the agreement, rescind the agreement.
(5) Section 9AA(5)—delete subsection (5)
(6) Section 9AA(6)—delete "person" and substitute:
owner of land
(7) Section 9AA(7)—delete subsection (7) and substitute:
(7) If a tenement holder has been unable to reach an agreement to waive the benefit of an exemption with an owner of land, the tenement holder may apply to the appropriate court for an order waiving the benefit of the exemption for the owner.
(8) Section 9AA(8)—delete "ERD Court may refuse to determine an application unless the mining operator satisfies the Court" and substitute:
court may refuse to determine an application by a tenement holder under subsection (7) unless the tenement holder satisfies the court
(9) Section 9AA(8)(a)—delete paragraph (a) and substitute:
(a) a notice has been given under subsection (1) or (1a); and
(10) Section 9AA(8)(b)—delete "operator provided the respondent" and substitute:
tenement holder provided the owner of land
(11) Section 9AA(8)(c)—delete paragraph (c) and substitute:
(c) —
(i) in the case of a notice given to the owner of land under subsection (1)—the tenement holder has made a reasonable attempt to reach agreement with the owner of land (whether before or after notice requesting the owner to enter into an agreement was given to the owner); or
(ii) in the case of a notice given to the tenement holder under subsection (1a)—the tenement holder has made a reasonable attempt, having regard to the matters set out in the notice, to negotiate with the owner of land.
(12) Section 9AA—after subsection (8) insert:
(8a) If an application is made for a production tenement or a miscellaneous purposes licence and the relevant consultation period in relation to the application has ended, an owner of land who—
(a) has the benefit of an exemption under section 9 in respect of the land to which the application relates; and
(b) has given notice to the tenement holder under subsection (1a),
may apply to the appropriate court for orders under subsection (9).
(13) Section 9AA(9)—delete subsection (9) and substitute:
(9) On an application under this section, the court may make 1 or both of the following orders:
(a) an order confirming that the owner of land is entitled to the benefit of an exemption under section 9;
(b) if the tenement holder or owner of land satisfies the court that any adverse effects of the proposed authorised operations on the owner of land can be appropriately addressed by the imposition of conditions on the tenement holder (including the payment of compensation to the owner)—an order waiving the benefit of the exemption and imposing such conditions on a party to the proceedings as the court thinks fit (including a condition requiring the payment of compensation to the owner of land).
(14) Section 9AA(10)—delete "ERD Court" and substitute:
court
(15) Section 9AA(10)—delete "respondent" first occurring and substitute:
owner of land
(16) Section 9AA(10)—delete "Court" second occurring and substitute:
court
(17) Section 9AA(10)—delete "respondent" second occurring and substitute:
owner
(18) Section 9AA(10)(b)—delete "Court" and substitute:
court
(19) Section 9AA(11) and (12)—delete subsections (11) and (12) and substitute:
(11) If an agreement or order to waive the benefit of an exemption takes effect under this section in respect of exempt land, the land ceases to be exempt land, but the exemption revives on completion of the authorised operations in respect of which the agreement or order was made or at such earlier time as may be stipulated in that agreement or order.
(12) An agreement or order to waive the benefit of an exemption under this section is binding on—
(a) successors in title to those owners of land who had the benefit of the former exemption; and
(b) the holders from time to time of any mineral tenement under which authorised operations (being authorised operations in respect of which the agreement or order was made) are carried out.
(20) Section 9AA(13)—delete "the commencement of this section" and substitute:
the designated day
(21) Section 9AA(14)—delete subsection (14) and substitute:
(14) A tenement holder is liable to indemnify an owner of land—
(a) to whom the tenement holder gives a notice under subsection (1); or
(b) who gives the tenement holder a notice under subsection (1a); or
(c) who makes application for orders to the appropriate court under subsection (8a) in connection with an application made for a production tenement or a miscellaneous purposes licence made by the tenement holder,
for the reasonable costs of obtaining legal assistance relating to the operation of this section up to $2 500 or, if some other amount is prescribed by regulation, that amount.
(14a) An application under this section may be made to the Supreme Court only with the permission of the Court.
(14b) If an agreement is entered into under this section, the tenement holder must give notice of the agreement to the Mining Registrar for registration on the mining register.
(14c) Nothing in this section derogates from the jurisdiction of the Warden's Court under section 67 to determine whether or not land is exempted from authorised operations under section 9.
(22) Section 9AA(15), definition of
cooling-off period —delete "mining operator" and substitute:tenement holder
(23) Section 9AA(15)—delete the definition of
mining operations and substitute:designated day means a day declared by proclamation to be the designated day for the purposes of this definition;relevant consultation period means the period for public consultation in relation to an application for a mineral tenement under section 56H(3).
(1) Section 9A(4)(a)—delete "mining tenement" and substitute:
mineral tenement
(2) Section 9A(4)(b)—delete "mining tenement" and substitute:
mineral tenement
(3) Section 9A(4)(b)—delete "(including a subsequent exploration licence that arises from an exploration licence in force at the time that the notice takes effect)"
(4) Section 9A(4)(c)—delete "holder of the tenement" and substitute:
tenement holder
(5) Section 9A(4)(c)—delete "mining tenement" and substitute:
mineral tenement
(6) Section 9A(4)—delete "apply for a mining tenement" and substitute:
apply for a mineral tenement
(7) Section 9A(6)(a)—delete "mining tenements" and substitute:
mineral tenements
(8) Section 9A(7)(b)(i)—delete "mining tenement" and substitute:
mineral tenement
Section 10A—delete the section
Section 10B—after paragraph (d) insert:
(e) the code of management of wilderness protection areas and wilderness protection zones under the
Wilderness Protection Act 1992 .
(1) Section 12(1)—delete subsection (1) and substitute:
(1) The Minister may delegate any power or function vested in or conferred on the Minister—
(a) under this Act; or
(b) under any other Act prescribed by the regulations for the purposes of this subsection.
(2) Section 12(2)—delete subsection (2) and substitute:
(2) The Director of Mines may delegate any power or function vested in or conferred on the Director of Mines—
(a) under this Act; or
(b) under any other Act.
(2a) If the terms of an instrument of delegation allow for subdelegation, the delegate may subdelegate the power or function in accordance with the instrument (and a reference in this section to a delegation will then extend to any such subdelegation).
(3) Section 12(3)(b)—delete paragraph (b) and substitute:
(b) may be made—
(i) to a specified person or body; or
(ii) to a person for the time being holding or acting in a specified office or position; and
Section 13(4)—delete subsection (4) and substitute:
(3a) If the terms of an instrument of delegation allow for subdelegation, the delegate may subdelegate the power or function in accordance with the instrument (and a reference in this section to a delegation will then extend to any such subdelegation).
(4) A delegation under this section—
(a) may be absolute or conditional; and
(b) may be made—
(i) to a specified person; or
(ii) to a person for the time being holding or acting in a specified office or position; and
(c) does not derogate from the power of the delegator to act in any matter; and
(d) is revocable at will by the delegator.
(1) Section 14B(c)—delete "mining operations" and substitute:
authorised operations
(2) Section 14B(d)—delete "mining operations" and substitute:
authorised operations
(3) Section 14B—after paragraph (e) insert:
(f) to undertake any inquiry relevant to the administration or enforcement of this Act; or
(g) without limiting a preceding paragraph, to inspect any authorised operations which are creating, or are likely to create, a nuisance, or are damaging, or are likely to damage, property.
(1) Section 14C(1)(a) and (b)—delete paragraphs (a) and (b) and substitute:
(a) enter, search, inspect and examine any premises, land or vehicle that has been or is intended to be, used for, or in connection with, any operations or activity regulated by this Act and, where necessary for the purpose, break into or open a part of, or anything in, the premises, land or vehicle; or
(b) inspect or examine anything; or
(2) Section 14C(1)(f)—delete "take and remove" and substitute:
seize and retain
(3) Section 14C—after subsection (3) insert:
(4) An authorised officer may only exercise a power under subsection (1)(a) in respect of premises on the authority of a warrant issued by a magistrate (including as a warden) or justice.
(5) A warrant may not be issued unless the magistrate, warden or justice (as the case may be) is satisfied that the warrant is reasonably required in the circumstances.
(6) An application for the issue of a warrant—
(a) may be made either personally or by telephone; and
(b) must be made in accordance with any procedures prescribed by the regulations.
(1) Section 14D(2)—delete "this section" and substitute:
subsection (1)
(2) Section 14D(4)—delete "A person" and substitute:
A natural person
(3) Section 14D—after subsection (4) insert:
(5) An authorised officer may require a person who the authorised officer reasonably suspects has committed, is committing or is about to commit, a contravention of this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity.
(6) A person of whom a requirement is made under subsection (5) must comply with the requirement.
Maximum penalty: $5 000.
(1) Section 14E(1)—delete "mining operations" and substitute:
authorised operations
(2) Section 14E(3)—delete subsection (3) and substitute:
(3) An authorised officer may—
(a) retain records produced under this section for the purpose of making copies of them; or
(b) if the authorised officer suspects that the records may be evidence of noncompliance with this Act, seize and retain records produced under this section.
After section 14F insert:
14G—Power to give expiation notices An authorised officer is authorised to give expiation notices for alleged offences which are expiable under this Act.
14H—Provisions relating to things seized
(1) If a thing is seized under this Part, the following provisions apply:
(a) the thing seized must be held pending proceedings for an offence against this Act relating to the thing seized, unless the Minister, on application, authorises its release to the person from whom it was seized or a person who had legal title to it at the time of seizure, subject to such conditions as the Minister thinks fit (including conditions as to the giving of security for satisfaction of an order under paragraph (b)(ii));
(b) if proceedings for an offence against this Act related to the thing seized are commenced within the prescribed period after its seizure and the defendant is found guilty of the offence, the court must consider the question of forfeiture and—
(i) order that it be forfeited to the Crown; or
(ii) if it has been released under paragraph (a), order that it be forfeited to the Crown or order that the person to whom it was released pay to the Minister an amount equal to its market value at the time of its seizure, as the court thinks fit; or
(iii) make no order for forfeiture;
(c) if proceedings for an offence against this Act related to the thing seized—
(i) are not commenced within the prescribed period after its seizure; or
(ii) are commenced within the prescribed period after its seizure and the defendant is found not guilty of the offence; or
(iii) are commenced within the prescribed period after its seizure and the defendant is found guilty of the offence but no order for forfeiture is made under paragraph (b),
the person from whom the thing was seized or a person who had legal title to it at the time of its seizure is entitled to recover, by action in a court of competent jurisdiction, the thing itself or, if it has deteriorated or been destroyed, compensation of an amount equal to its market value at the time of its seizure.
(2) In this section—
prescribed period means 12 months or such longer period as the court may, on application by the Minister, allow.
(1) Section 15(3), penalty provision—delete the penalty provision and substitute:
Maximum penalty: $20 000 or imprisonment for 6 months.
(2) Section 15(7)—delete "mining tenement" and substitute
mineral tenement
Section 15A—delete the section
After Part 2 insert:
Part 2A—Mining register and information
Division 1—Mining register
15AA—The register
(1) The Mining Registrar will keep a register (the
mining register ).(2) The register will be a register of—
(a) any mineral tenement granted under this Act; and
(b) the terms and conditions of any mineral tenement granted under this Act; and
(c) instruments of transfer with respect to any mineral tenement registered under this Act; and
(d) any mortgage registered under Division 2; and
(e) any caveat registered under Division 3; and
(f) instruments, agreements, determinations and dealings required to be registered under any other provision of this Act; and
(g) determinations and dealings required to be lodged with the Mining Registrar under any other provision of this Act (or which have effect on registration under this Act); and
(h) the commencement and completion of proceedings before the Warden's Court under this Act; and
(i) decisions, determinations and orders of the Warden's Court under this Act; and
(j) anything registered under Division 4; and
(k) any cancellation, suspension or surrender relating to a mineral tenement under this Act; and
(l) any other interest, instrument, approval, agreement, determination, statement, notice, order, direction, bond, penalty or other document or dealing required to be registered by or under the regulations.
(3) The register will also contain such information as the Mining Registrar thinks fit.
(4) The register will be kept in such forms as the Mining Registrar thinks fit (including in an electronic form).
(5) The Mining Registrar may establish requirements as to—
(a) the form of any instrument or document that is to be registered on the register; and
(b) the use of electronic files, including as to their formats; and
(c) the provision and certification of any instrument, document or information, or as to any other matter; and
(d) the recording, management, preservation, storage, archiving and (if appropriate) disposals of any instrument, document or material.
(6) Without limiting any other provision, the Mining Registrar may amend the register—
(a) in order to ensure that the register is kept up to date; or
(b) in order to ensure that the register meets standards determined to be appropriate by the Mining Registrar.
(7) The Mining Registrar may delay the registration of any instrument, document or dealing for such period as the Mining Registrar considers appropriate in a particular case.
(8) The Registrar who is responsible for the Warden's Court registry must, after consultation with the Mining Registrar, ensure that there is a scheme in place to ensure that information relating to the proceedings, decisions, determinations and orders of the Warden's Court that are relevant to the operation of the register is provided to the Mining Registrar for the purposes of this section.
(9) A tenement holder or other person who is required—
(a) to serve a notice on the Mining Registrar; or
(b) to provide or give a notice to the Mining Registrar; or
(c) to provide or give an agreement to the Mining Registrar,
must not fail to comply with that requirement—
(d) in accordance with any relevant provision of this Act; or
(e) in accordance with the regulations; or
(f) to the extent that paragraph (d) or (e) does not apply—within a reasonable time.
Maximum penalty: $5 000.
(10) Subsection (9) does not apply to—
(a) the Minister; or
(b) the Registrar who is responsible for the Warden's Court registry; or
(c) a person prescribed by the regulations for the purposes of this subsection.
15AB—Dealings with mineral tenements
(1) This section does not apply to or in relation to an interest if the interest is not a legal or proprietary interest in a mineral tenement.
(2) A mineral tenement, or an interest in a mineral tenement, must not be transferred, assigned, sublet or be held subject to a trust, whether directly or indirectly, without the consent of the Minister.
(3) A dealing to which subsection (2) applies has no effect unless or until it is—
(a) consented to by the Minister; and
(b) registered on the register under this Part.
(4) An application for the consent of the Minister under this section—
(a) must be made in a manner and form determined by the Minister after consultation with the Mining Registrar; and
(b) must be accompanied by the prescribed fee.
(5) The Minister may, in connection with an application for consent, require the parties to furnish the Minister with any information specified by the Minister.
(6) An application for the registration of an instrument giving effect to or recording a dealing under this section must be made in a manner and form determined by the Mining Registrar.
Division 2—Mortgages
15AC—Mortgages
(1) In this section—
mortgage includes any form of charge.
(2) A party to a mortgage over a mineral tenement may apply to the Mining Registrar to have the mortgage registered under this section.
(3) An application for the registration of a mortgage—
(a) must be made in a manner and form determined by the Mining Registrar; and
(b) must be accompanied by the prescribed fee.
(4) The Mining Registrar may, in connection with an application for registration, require the applicant to furnish the Mining Registrar with any information specified by the Mining Registrar.
(5) A mortgage may be created with respect to a particular interest of a tenement holder in the mineral tenement (being an interest that may be constituted as a share in a mineral tenement (including a share expressed as a percentage), or an interest as a tenant in common, or any other interest recognised at law).
(6) The registration of a mortgage under this Part—
(a) does not give the mortgage (or the interest secured by the mortgage) priority over other interests; and
(b) does not confer any additional status with respect to a power of enforcement.
(7) However, if a mortgage is registered in relation to a mineral tenement with the consent of the tenement holder (or tenement holders), the Mining Registrar must not proceed to register a transfer of the mineral tenement, or an interest in the mineral tenement, under Division 1 after the registration of the mortgage unless—
(a) the instrument giving effect to the transfer was received by the Mining Registrar before the registration of the mortgage; or
(b) the transfer is expressed to be subject to the mortgage; or
(c) the mortgagee (or mortgagees) consent to the registration of the transfer; or
(d) the transfer is required by an order of a court or tribunal constituted by law; or
(e) the mortgage is discharged before the registration of the transfer; or
(f) the Mining Registrar is acting in any circumstance prescribed by the regulations.
(8) Furthermore, if a mortgage is registered in relation to a mineral tenement with the consent of the tenement holder (or tenement holders), the mineral tenement may not be surrendered under this Act unless—
(a) the mortgagee (or mortgagees) consent to the surrender; or
(b) the mortgage is discharged before the surrender; or
(c) the surrender is by operation of section 30AAA, 30A or 33B; or
(d) the surrender is happening in any circumstance prescribed by the regulations.
(9) A mortgage registered under this section may be discharged in accordance with procedures determined by the Mining Registrar.
(10) A discharge under subsection (9) may only be made—
(a) on application made by the mortgagee; or
(b) on application made with the consent of the mortgagee.
(11) The Mining Registrar must discharge, or partially discharge, a mortgage if the discharge is required by an order of a court or tribunal constituted by law.
(12) An application for the discharge of a mortgage—
(a) must be in a form determined by the Mining Registrar; and
(b) must be accompanied by the prescribed fee.
15AD—Application to court to challenge aspects of mortgages
(1) A person who—
(a) has an interest in a mineral tenement subject to a mortgage registered under this Division; or
(b) has an interest that is directly affected by a mortgage registered under this Division,
may apply to the appropriate court under this section.
(2) An application may be made for 1 or more of the following:
(a) a declaration that a registered mortgage is defective, invalid or unenforceable, on a ground specified in the application;
(b) an order that a transfer of a mineral tenement, or of an interest in a mineral tenement, be registered despite the mortgage;
(c) an order that a registered mortgage be discharged or partially discharged;
(d) an order that the mortgagee (or purported mortgagee) pay compensation for any loss or damage suffered because of the registration of a mortgage under this Division, or an amount for or towards any such loss or damage.
(3) Any compensation payable under an order under subsection (2)(d) may be recovered as if it were a debt due to the person in whose favour the order is made in a court of competent jurisdiction.
(4) This section does not limit any other jurisdiction or power of a court.
Division 3—Caveats
15AE—Caveats
(1) A person (a
caveator ) who has, or who is claiming, an interest in a mineral tenement may apply to the Mining Registrar to have a caveat registered under this Division.(2) An application for the registration of a caveat must be in a form determined by the Mining Registrar.
(3) A caveat under subsection (1) may—
(a) forbid the registration of any transfer, mortgage or voluntary surrender affecting a specified interest in the mineral tenement (an
absolute caveat ); or(b) forbid the registration of any transfer, mortgage or voluntary surrender affecting the mineral tenement unless the transfer, mortgage or surrender (as the case may be) expressly states that it is to be subject to the interest claimed by the caveator (a
claim caveat ).(4) However, if a caveat is being registered without the express consent of the tenement holder for the mineral tenement to which the caveat relates—
(a) if the caveator is a person who has entered into an agreement with, or is a party to an agreement with, the tenement holder—
(i) the agreement must relate to—
(A) the sale or transfer (or both) of the tenement holder's interest in the relevant mineral tenement; or
(B) any other matter connected with the tenement holder's interest in the relevant mineral tenement; and
(ii) the agreement must provide for the registration of a caveat under this Division; and
(iii) a copy of the agreement must accompany the application under subsection (2); or
(b) in any other case—the caveator must provide such information as the Mining Registrar may require regarding the nature of the interest.
(5) A caveat may—
(a) set out a date of expiry (if any); or
(b) set out that the caveat will expire—
(i) on a specified transfer or mortgage of an interest in the mineral tenement; or
(ii) at the end of a specified period.
(6) In connection with the preceding subsections, an application for the registration of a caveat—
(a) must be accompanied by—
(i) the prescribed fee; and
(ii) such other documents or information as the Mining Registrar may require; and
(b) if the caveat is being registered without the express consent of the tenement holder for the mineral tenement to which the caveat relates—must include a statutory declaration as to the truthfulness and accuracy of any matter specified by the caveator in the application.
(7) The Mining Registrar does not have, on the receipt of an application to register a caveat, any duty to determine whether or not—
(a) the caveat relates to a valid caveatable interest; or
(b) a caveatable interest has been sufficiently described; or
(c) there is sufficient evidence to support the caveat; or
(d) any matter specified in the application is true and accurate.
(8) The registration of a caveat does not warrant the validity of any interest claimed in the caveat.
(9) On the registration of a caveat under this section, a notice of the registration of the caveat must be sent by the Mining Registrar to any tenement holder whose interests are affected by the caveat, other than where the tenement holder is also the caveator.
(10) A caveat registered under this Division—
(a) does not affect or prevent the renewal of a mineral tenement; and
(b) does not lapse on the renewal of a mineral tenement (while the caveat is registered); and
(c) does not affect or prevent any dealing with the mineral tenement (or any interest in the mineral tenement) that is required by an order of a court or tribunal constituted by law.
(11) A caveat registered under this Division will lapse on—
(a) any order of the Warden's Court providing for the lapsing of the caveat; or
(b) the withdrawal of the caveat by the caveator; or
(c) the expiry of the caveat as contemplated by subsection (5).
(12) If—
(a) a caveat is registered in respect of a mineral tenement; and
(b) the caveat lapses,
the caveator or any related body corporate may not apply to register a second or subsequent caveat relating to the same interest in the mineral tenement to which the original caveat related without the approval of the Warden's Court, or unless that second or subsequent caveat is being registered with the express consent of the tenement holder for the mineral tenement to which the caveat relates.
15AF—Application to Warden's Court to lapse caveat or obtain compensation
(1) A person who—
(a) has an interest in a mineral tenement subject to a caveat registered under this Division; or
(b) has an interest that is directly affected by a caveat registered under this Division,
may apply to the Warden's Court under this section.
(2) An application may be made for 1 or more of the following:
(a) a declaration that an interest claimed by the caveator is not a valid caveatable interest;
(b) an order that a caveat lapse;
(c) an order that a transfer, mortgage or surrender relating to a mineral tenement be registered despite the registration of a caveat under this Division;
(d) an order that a caveator pay compensation for any loss or damage suffered because a caveat registered under this Division does not relate to a valid caveatable interest, or an amount for or towards any such loss or damage.
(3) Any compensation payable under an order under subsection (2)(d) may be recovered as if it were a debt due to the person in whose favour the order is made in a court of competent jurisdiction.
(4) This section does not limit any other jurisdiction or power of the Warden's Court in relation to caveats under this Division.
Division 4—Other dealings
15AG—Other dealings
(1) Subject to subsections (2) and (3), a tenement holder may apply to the Mining Registrar for the registration on the mining register of any agreement, memorandum, arrangement, instrument or other document or dealing that relates to—
(a) the relevant mineral tenement, or an interest in the mineral tenement; or
(b) authorised operations carried out, or to be carried out, on the relevant mineral tenement,
(a
registrable dealing ).
(2) A registrable dealing does not include any agreement, memorandum, arrangement, instrument or other document or dealing—
(a) that does not satisfy any criteria determined by the Mining Registrar for the purposes of this section; or
(b) that falls within a class excluded by the Mining Registrar from the operation of this section.
(3) If a tenement holder enters into a registrable dealing under which another person is to carry out authorised operations in relation to the mineral tenement, the tenement holder—
(a) must, within 14 days after entering into the registrable dealing—
(i) inform the Minister of the registrable dealing in a manner and form determined by the Minister; and
(ii) apply to the Mining Registrar to register the registrable dealing under this section; and
(b) must, within 14 days after the person ceases to be responsible for carrying out those authorised operations—
(i) inform the Minister of the matter in a manner and form determined by the Minister; and
(ii) apply to the Mining Registrar to register the cessation under this section.
Maximum penalty: $5 000.
(4) A registrable dealing must comply with any relevant requirement of the Mining Registrar as to the form of any instrument or document that is to be registered on the register.
(5) An application to register a registrable dealing under this section—
(a) must be made in a manner and form determined by the Mining Registrar; and
(b) must be accompanied by the prescribed fee.
Division 5—Protection from liability
15AH—Protection from liability
(1) No act or omission undertaken or made by the Mining Registrar, or by any person acting on behalf of the Mining Registrar, in connection with the administration of the mining register, or the registration of any interest, instrument, agreement, statement, notice, order, direction, bond, penalty or other document or dealing on the mining register, subjects the Mining Registrar, or any person acting on behalf of the Mining Registrar, or the Minister, the Director of Mines or the Crown, to any liability.
(2) Without limiting subsection (1), the registration of any interest, instrument, agreement, statement, notice, order, direction, bond, penalty or other document or dealing on the mining register—
(a) does not give rise to any right of action against the Mining Registrar, or any person acting on behalf of the Mining Registrar, or against the Minister, the Director of Mines or the Crown (unless the proceedings are for judicial review on the ground of jurisdictional error); and
(b) does not validate any instrument or dealing or provide any warranty as to the validity of any instrument or dealing.
Division 6—Information
15AI—Interpretation
(1) In this Division—
designated material in relation to a mineral tenement means—
(a) records of surveys and other operations carried out under, or for the purposes of, the mineral tenement; and
(b) geological samples (including drill samples) and logs; and
(c) records that evidence the quantity and value of minerals recovered from land comprised in the tenement that are liable to the payment of royalty under this Act; and
(d) information and material prescribed by the regulations (including information that relates to a transaction); and
(e) information and material specified by the Director from time to time in accordance with subsection (2) (either generally or in relation to a specified mineral tenement or class of mineral tenement);
designated person means—
(a) the Minister; and
(b) the Director of Mines; and
(c) the Mining Registrar and other mining registrars; and
(d) an authorised officer; and
(e) any person acting under the authority of a person referred to in a preceding paragraph; and
(f) any other person brought within the ambit of this definition by the regulations;
prescribed material means any document, instrument, report, information, samples or other material—
(a) created under this Act; or
(b) provided to a designated person under this Act, or otherwise obtained by a designated person under this Act.
(2) The Director may specify information or material as designated material—
(a) by notice in the Gazette; or
(b) in the case of a notice that relates to a specified mineral tenement—by notice served on the tenement holder in the manner prescribed by the regulations.
(3) The Director may vary or revoke a notice under subsection (2) by a further notice of a similar kind.
15AJ—Compilation, keeping and provision of material
(1) A tenement holder must compile or create designated material relating to the tenement in accordance with any requirements prescribed by the regulations.
Administrative penalty.
(2) A tenement holder must keep all designated material—
(a) in a form prescribed by the regulations or approved by the Director; and
(b) in a place that complies with any requirements prescribed by the regulations or that is approved by the Director; and
(c) for a period prescribed by the regulations or approved by the Director.
Administrative penalty.
(3) A tenement holder must, as required by the regulations, provide to the Director any designated material of a prescribed kind.
Administrative penalty.
(4) A tenement holder must, at the request of the Director or a person acting under the written authority of the Director, produce, at the place specified by the Director or the person acting under that written authority, any specified designated material or designated material of a specified kind.
Administrative penalty.
(5) Any designated material provided or produced under subsection (3) or (4) must comply with any requirements—
(a) prescribed by the regulations; or
(b) specified by the Director in the manner prescribed by the regulations.
Administrative penalty.
(6) In the case of any designated material provided or produced to the Director or another person under this section, the Director or other person may—
(a) take extracts from, or copies of, the designated material; or
(b) retain the designated material.
15AK—Tests
(1) A tenement holder must, at the request of the Director or a person acting under the written authority of the Director, permit a person nominated in the request to make tests, and take samples of minerals, in relation to or from land comprised in the mineral tenement.
Administrative penalty.
(2) The Director may retain any material produced or taken under subsection (1).
15AL—Release of material
(1) Subject to this section, the Minister or the Director may, in such manner as the Minister or the Director thinks fit, release any prescribed material.
(2) The Minister or the Director must not release prescribed material that relates to a private mine.
(3) Subsection (1) does not authorise the release of any prescribed material if—
(a) the release would be contrary to any other Act or law; or
(b) the release would be in breach of an order of a court or tribunal constituted by law; or
(c) the release would involve the disclosure of a trade secret; or
(d) the release would be contrary to any requirement or restriction prescribed by the regulations.
(4) The Minister or Director may release any prescribed material under this section—
(a) in such manner as the Minister or Director thinks fit; and
(b) subject to such conditions as the Minister or Director thinks fit.
(5) A person who contravenes or fails to comply with a condition under subsection (4)(b) is guilty of an offence.
Maximum penalty: $120 000.
(6) Subsections (1), (2) and (3) do not—
(a) limit the ability of the Mining Registrar to publish or release, or to allow access to, any instrument, document or other item or material registered on the mining register; or
(b) limit the operation of any other section that provides for publication or release of any instrument, document or other item of material.
(7) No action lies against the Minister or the Director in respect of the contents of any prescribed material released under this section (including where the release amounts to the publication of any material).
(1) Section 17(1)—delete subsection (1) and substitute:
(1) Subject to this Act, royalty is payable to the Crown on all minerals recovered from mineral land.
(1a) Royalty is not payable on extractive minerals recovered from mineral land—
(a) where the terms and conditions of the mineral tenement—
(i) make specific provision for the management and use of the extractive minerals as extractive minerals produced during the course of carrying out authorised operations under the tenement; and
(ii) make specific provision for the exemption of the extractive minerals from the payment of royalty; or
(b) by the owner of the land under section 75(2).
(2) Section 17(4) to (6)—delete subsections (4) to (6) (inclusive) and substitute:
(4) Subject to this or any other relevant section, royalty will be equivalent to—
(a) in the case of extractive minerals—55 cents per tonne, or such lesser amount as may be prescribed by the regulations; or
(b) in the case of minerals other than extractive minerals—
(i) if the minerals are declared mineral ores or concentrates—5% of the value of the minerals, as assessed in accordance with this section;
(ii) if the minerals are declared refined mineral products—3.5% of the value of the refined mineral products, as assessed in accordance with this section;
(iii) if the minerals are declared industrial minerals or construction materials—3.5% of the value of the minerals, as assessed in accordance with this section;
(iv) in any other case—5% of the value of the minerals, as assessed in accordance with this section.
(5) If minerals are sold pursuant to a contract with a genuine purchaser at arms length, the market value (excluding GST) of the minerals, for the purposes of determining royalty, will be the contract price obtained for the minerals on the day that ownership of the minerals is transferred to the purchaser.
(6) If subsection (5) does not apply to the sale of minerals because there is no contract with a genuine purchaser at arms length, the following provisions apply:
(a) the value of the minerals for the purposes of determining royalty will be the value that represents the market value (excluding GST) of the minerals on the day on which—
(i) the minerals—
(A) leave the mineral tenement from which the minerals were recovered; or
(B) are used on the tenement; or
(ii) if the minerals have been transported to mineral land the subject of a miscellaneous purposes licence—the minerals leave that mineral land or are used on that mineral land,
whichever occurs later;
(b) the market value of the minerals will be determined according to—
(i) any price quoted or obtained on a market recognised by the Treasurer, after consultation with the Minister, by notice in the Gazette as being a relevant industry market for the purposes of determining the market value of minerals of that kind; or
(ii) if subparagraph (i) does not apply—
(A) the price (if any) declared by the Treasurer, after consultation with the Minister, by notice in the Gazette as being an indicative price for the minerals; or
(B) the method (if any) declared by the Treasurer, after consultation with the Minister, by notice in the Gazette that is to be used for determining an indicative price for the minerals; or
(iii) if subparagraphs (i) and (ii) do not apply—
(A) any price obtained in relation to sales of minerals of the same kind where those sales were to genuine purchasers at arms length within the same period for which a return is required to be furnished under section 17CA; or
(B) if no relevant transactions have occurred in that period—any price obtained by other parties within the industry in relation to sales of minerals of the same kind on the open market within the same period for which a return is required to be furnished under section 17CA; or
(iv) if subparagraphs (i), (ii) and (iii) do not apply—the tenement holder's estimate of the reasonable value of the minerals (to be determined in accordance with any requirements, and accompanied by any information, prescribed by the regulations).
(3) Section 17(7)—delete "subsection (6)(a)" and substitute:
subsection (5)
(4) Section 17(8)—delete subsection (8) and substitute:
(8) Costs of a prescribed kind incurred before minerals leave—
(a) the mineral tenement from which the minerals were recovered; or
(b) if the minerals have been transported to mineral land, the subject of a miscellaneous purposes licence—that mineral land,
are not to be included for the purposes of determining the market value of those minerals.
(8a) Costs of a prescribed kind incurred after minerals leave—
(a) the mineral tenement from which the minerals were recovered; or
(b) if the minerals have been transported to mineral land, the subject of a miscellaneous purposes licence—that mineral land,
are not to be included for the purposes of determining the market value of those minerals.
(5) Section 17(9)—delete "some other basis" and substitute:
will be payable at some other price or according to some other method
(6) Section 17(10)—delete "mining operations" and substitute:
authorised operations
(7) Section 17(12)—delete "holder of a tenement" and substitute:
tenement holder for the tenement
(1) Section 17A—delete "mining operations" wherever occurring and substitute in each case:
authorised operations
(2) Section 17A(6)(c)—delete "within the meaning of section 50 of the
Corporations Act 2001 of the Commonwealth"
After section 17A insert:
17AB—Royalty for private mines
(1) Subject to and in accordance with the provisions of this Act, royalty in respect of minerals recovered from private mines is payable as follows:
(a) in the case of a private mine in relation to which a relevant event has occurred—royalty is payable on—
(i) extractive minerals recovered from the private mine; and
(ii) any other minerals recovered from the private mine on or after the day on which the relevant event occurred;
(b) in any other case—royalty is payable on extractive minerals recovered from the private mine, but is not payable on any other minerals so recovered.
(2) For the purposes of subsection (1), a
relevant event occurs if, on or after 19 June 2014, there is (or has been) a change in—
(a) the proprietor of the private mine; or
(b) the whole or any part of the right to carry out authorised operations at the private mine.
(3) A reference in subsection (2)(a) to a change in the proprietor of a private mine includes a change in a person lawfully claiming under the proprietor whether the claim is of a legal or equitable kind.
(4) If a private mine has 2 or more proprietors, a change in any of those proprietors will be taken to be a relevant event for the purposes of subsection (2)(a).
(5) Without limiting any other provision, the following will be taken to be relevant events for the purposes of subsection (2)(a):
(a) the creation, transfer, assignment, sale or disposal of an interest in proprietary rights in minerals recovered from a private mine under a contract or other instrument or agreement;
(b) an event, transaction or acquisition that would give rise to liability to pay duty under Part 3 Division 6 or 8 or Part 4 of the
Stamp Duties Act 1923 , disregarding any exemptions from such duty applying under that Act;(c) without limiting paragraph (b), the acquisition of a controlling interest in a business that—
(i) is the proprietor of the private mine; or
(ii) holds the whole or any part of the right to carry out authorised operations at the private mine.
(6) For the purposes of subsection (5)(c)—
(a)
business includes bodies and associations (corporate and incorporated) and partnerships; and(b) a person has a
controlling interest in a business if the person would be treated as having a controlling interest in the business for the purposes of section 72 of thePayroll Tax Act 2009 (disregarding section 72(1)).(7) Subject to subsection (8), the proprietor of a private mine is liable for royalty payable under this section.
(8) If—
(a) a person other than the proprietor is carrying out authorised operations at a private mine; and
(b) the proprietor gives notice to the Minister, in a manner and form determined by the Minister, under this section,
the person carrying out the authorised operations (rather than the proprietor) is liable for royalty under this section.
(9) If—
(a) the proprietor of a private mine has given a notice to the Minister under subsection (8); and
(b) the person carrying out authorised operations at the private mine fails to pay royalty; and
(c) the proprietor pays the royalty,
the proprietor may, subject to any agreement to the contrary—
(d) recover the amount paid as a debt from the person who failed to pay the royalty; or
(e) set off the amount paid against a liability (if any) to the person who failed to pay the royalty.
17AC—Notification of relevant event
(1) If a relevant event within the meaning of section 17AB occurs, the person who, as a result of the relevant event, becomes a proprietor of a private mine or acquires a right to carry out authorised operations at a private mine (as the case may be) must, within 30 days after the relevant event, notify the Minister of the relevant event.
Maximum penalty: $20 000.
(2) The notification of the relevant event—
(a) must be made in a manner and form determined by the Minister; and
(b) must be accompanied by such information as may be prescribed by the regulations.
Section 17B—delete the section and substitute:
17B—Assessments by Treasurer
(1) If—
(a) the Treasurer is of the opinion that a person liable to pay royalty—
(i) has not made a payment of royalty when it falls due; or
(ii) has not paid royalty in accordance with the royalty assessment principles (and any related provision under this Act); or
(iii) has not paid royalty in accordance with any agreement or determination that applies under section 17 or 17A; or
(iv) has not paid royalty in accordance with any other relevant requirement; or
(b) the market value of minerals has been determined, for the purposes of assessing royalty, according to a tenement holder's estimate of the reasonable value of the minerals under section 17(6)(b)(iv) and the Treasurer does not agree with the estimate; or
(c) a person makes a default in furnishing a return; or
(d) the Treasurer is not satisfied with a return furnished by a person; or
(e) the Treasurer has reason to believe—
(i) that royalty is payable by a person who has not furnished a return; or
(ii) that a person who has furnished a return has made an overpayment of royalty,
the Treasurer may, after consultation with the Minister, make an assessment of royalty the person is liable to pay.
(2) Without limiting subsection (1), the Treasurer may, after consultation with the Minister, on application or on the Treasurer's own initiative, review and revise an earlier assessment of royalty (and the revision will then be taken to be a new assessment for the purposes of this Act).
(3) For the purposes of making an assessment under subsection (1) or (2), the Treasurer may estimate the amount of royalty payable by a person and may base the estimate on any matter the Treasurer considers relevant.
(4) The Treasurer must cause a copy of an assessment under this section to be served on the person liable to pay the royalty or to whom a refund is payable.
(5) If, as a result of the Treasurer's assessment, a lower amount of royalty is payable for the relevant return period or periods, the Treasurer must—
(a) refund the amount of the excess to the person; or
(b) set off the amount against a future liability to make payments of royalty under this Act.
(6) A person on whom a copy of an assessment is served may, within 1 month after the date of service, appeal against the assessment to the ERD Court.
(7) On the hearing of an appeal, the ERD Court may, if satisfied on the basis of evidence provided by the appellant that the assessment of the Treasurer is incorrect, vary the assessment of the Treasurer to such extent as it thinks fit.
After section 17C insert:
17CA—Returns
(1) A tenement holder must, not later than 31 January and 31 July in each year, furnish the Director of Mines with a return in a manner and form determined by the Director of Mines.
(2) A return under subsection (1) must contain the information required by the Director of Mines relating to the conduct of authorised operations, the minerals recovered in the course of those operations (including, but not limited to, minerals intended for sale or utilised in some way by the tenement holder) and the sale or disposal of those minerals during the period of 6 months commencing—
(a) in the case of the return due on 31 January in each year—on the preceding 1 July; and
(b) in the case of the return due on 31 July in each year—on the preceding 1 January,
and must comply with any other requirement specified by the Director of Mines.
(3) If a mineral tenement is cancelled, suspended, transferred or forfeited, the tenement holder at the time of cancellation, suspension, transfer or forfeiture must, not later than 3 months after the occurrence of that event, furnish the Director of Mines with a return in a manner and form determined by the Director of Mines containing the information required by the regulations.
(4) If a mineral tenement is due to expire, the tenement holder must, on or before the date of expiry, furnish the Director of Mines with a return in a manner and form determined by the Director of Mines containing the information required by the regulations.
(5) If a tenement holder has applied for an approval to surrender the mineral tenement, the tenement holder must comply with any prescribed requirements as to the furnishing of a final return to the Director of Mines.
(6) A return under this section must be accompanied by any information, samples or other material required by the Director of Mines.
(7) The Director of Mines may, on application or on the Director's own initiative, extend the date or time by which or within which a return must be furnished under this section.
(8) A person who fails to comply with this section is guilty of an offence.
Maximum penalty: $120 000.
(9) The regulations may exempt a person, or a class of persons, from a requirement of this section.
(10) An exemption—
(a) may be granted absolutely or on conditions; and
(b) remains in force for the period specified in the regulations.
(1) Section 17D(1)(a)—delete "in respect of minerals with an ex-mine gate value calculated" and substitute:
if the day on which a determination of the value of the minerals is made for the purposes of assessing royalty falls
(2) Section 17D(1)(b)—delete "with an ex-mine gate value calculated" and substitute:
if the day on which a determination of the value of the minerals is made for the purposes of assessing royalty falls
(3) Section 17D(1)—delete "may," second occurring
(4) Section 17D(1a)—delete "designated mining operator" and substitute:
designated tenement holder
(5) Section 17D(2)—delete "mining tenement or private mine" and substitute:
mineral tenement
(6) Section 17D(2)(a)—delete paragraph (a) and substitute:
(a) in the case of a mineral tenement other than a private mine—
(i) when the mineral tenement is being transferred, surrendered or forfeited; or
(ii) when the mineral tenement is suspended or cancelled; or
(iii) when the mineral tenement expires; or
(7) Section 17D(4)—delete subsection (4)
(1) Section 17DA(1), definition of
designated mining operator —delete the definition and substitute:designated tenement holder —see subsection (2);(2) Section 17DA(2)—delete subsection (2) and substitute:
(2) A designated tenement holder is a tenement holder who, in relation to a particular financial year (the
relevant financial year ), is designated by the Treasurer, after consultation with the Minister, by notice served on the tenement holder, as being a tenement holder to whom this section applies.
(3) Section 17DA(3)—delete "mining operator" wherever occurring and substitute in each case:
tenement holder
(4) Section 17DA(4)—delete "mining operator" and substitute:
tenement holder
(5) Section 17DA(5)—delete "mining operator" and substitute:
tenement holder
(6) Section 17DA(6)—delete "mining operator" wherever occurring and substitute in each case:
tenement holder
(7) Section 17DA(9)(a)—delete "mining operator" and substitute:
tenement holder
(8) Section 17DA(10)(a)—delete "mining operator" wherever occurring and substitute in each case:
tenement holder
(1) Section 17E(1)—delete "(other than minerals recovered from a private mine)"
(2) Section 17E(4), formula—delete the formula and substitute:
(3) Section 17E(4), definition of
CLRR —delete the definition and substitute:MR is the market rate that applied under section 26 of theTaxation Administration Act 1996 on the day on which the royalty fell due.
Section 18—delete the section and substitute:
18—Passing of property in minerals
(1) Property in minerals recovered from mineral land passes to the tenement holder (including to the proprietor of a private mine), on the day on which a determination of the value of the minerals is made for the purposes of assessing royalty payable on the minerals under section 17 or, if royalty is not payable on the minerals, on recovery of the minerals.
(2) The liability of a tenement holder (including the proprietor of a private mine) to pay royalty to the Crown in respect of minerals recovered from mineral land arises when property in the minerals passes to the tenement holder or the proprietor.
(3) A liability under subsection (2) is a debt due to the Crown.
Section 20(2)—delete "mining operations" and substitute:
authorised operations
(1) Section 21(2) and (3)—delete subsections (2) and (3) and substitute:
(2) The area of a mineral claim must be identified in accordance with the requirements of section 56E.
(3) A notice relating to the claim must be served on the owner of the land if required by the regulations (and the notice must be served by a prescribed person in a manner prescribed by the regulations) (and such a notice may be taken to be a notice of entry to the owner under section 58A).
(2) Section 21(6)—delete "a mining registrar in a manner and form determined by the Minister" and substitute:
the Mining Registrar in a manner and form determined by the Mining Registrar
(3) Section 21(7)(a)—delete "prescribed by the regulations" and substitute:
determined or approved under section 56E
(4) Section 21(7)(f)—delete "a mining registrar" and substitute:
the Mining Registrar
(5) Section 21(8)—delete "A mining registrar" and substitute:
The Mining Registrar
(6) Section 21(8)(a)—delete "the mining registrar" and substitute:
the Mining Registrar
(7) Section 21(9)—delete "by the Minister or approved by the mining registrar" and substitute:
or approved by the Mining Registrar
Section 25(3)—delete subsection (3) and substitute:
(3) The ownership of a mineral claim does not confer any right to sell or dispose of any minerals recovered in the course of authorised operations.
Section 26(4)—delete subsection (4)
(1) Section 27—delete "surrendered or forfeited" and substitute:
surrendered, cancelled or forfeited
(2) Section 27—after "held the previous claim" insert:
or a related body corporate
(3) Section 27—delete "surrender or forfeiture" and substitute:
surrender, cancellation or forfeiture
(4) Section 27—after its present contents as amended by this section (now to be designated as subsection (1)) insert:
(2) If an application for the Minister to grant an authority under subsection (1) in relation to a mineral claim that is due to lapse is made to the Minister before the claim lapses, the Minister may (in the Minister's absolute discretion), determine that no other mineral claim covering any of the area of the claim may be made pending the Minister's decision on the application (and if the Minister decides to grant the authority then the applicant may make a new mineral claim under this Part within a period specified by the Minister (and no other claim may be made in relation to the relevant area during that period)).
(3) A determination of the Minister under subsection (2) will have effect in accordance with its terms.
Sections 28 and 29—delete the sections and substitute:
28—Preliminary
(1) In this Part—
exploration release area means an area identified as an exploration release area in an exploration release area notice;
exploration release area notice means a notice published in relation to relinquished ground under subsection (5);
open ground means land—
(a) that—
(i) is not subject to an existing mineral tenement; and
(ii) subject to paragraph (d), is not relinquished ground; or
(b) that has become available due to the partial surrender of a mineral tenement, other than where the Minister has determined that the land should be considered to be relinquished ground; or
(c) that has become available due to the reduction in the size of an exploration licence on the amalgamation of an expenditure commitment or on renewal of an exploration licence under this Part (other than under section 30A(11)); or
(d) that has been subject to an exploration release area notice and has become available because no exploration licence was granted in relation to the relevant exploration release area on account of an application made during the application period specified in the notice; or
(e) that has been the subject of an exploration licence and is to be considered as open ground by virtue of a determination of the Minister; or
(f) that is to be considered as open ground after the land has been the subject of a reservation order under section 8 or subject to a notice under section 15 by virtue of a determination of the Minister;
relinquished ground means land—
(a) over which an exploration licence has applied where the exploration licence—
(i) has expired; or
(ii) has been cancelled or fully surrendered; or
(iii) has been the subject of an application for renewal, but the application has been withdrawn,
other than where the Minister has determined that the land should be considered as open ground, or should be the subject of a mineral tenement granted to a particular person; or
(b) that—
(i) has been the subject of a reservation under section 8 and that reservation has been revoked; or
(ii) has been the subject of a notice under section 15 and the completion date under that notice has expired,
other than where the Minister has determined that the land should be considered as open ground, or should be the subject of a mineral tenement granted to a particular person; or
(c) that has been the subject of retention status under section 33B and that status has expired under that section without the land becoming the subject of a mining lease or retention lease, unless the land has returned to its original status under the relevant exploration licence; or
(d) that is to be considered as relinquished ground by virtue of another provision of this Act; or
(e) that is considered as relinquished ground rather than as open ground by virtue of a determination of the Minister after the partial surrender of a mineral tenement; or
(f) that constitutes relinquished ground under the regulations.
(2) An exploration licence is granted by the Minister.
(3) An exploration licence may be granted—
(a) in relation to an exploration release area; or
(b) in relation to open ground.
(4) If land becomes relinquished ground—
(a) a person may not make an application for an exploration licence in relation to any part of the land; and
(b) a mineral claim may not be established in relation to any part of the land, other than a mineral claim relating to extractive minerals,
until the land is subject to an exploration release area notice.
(5) An exploration release area notice will be a notice in a form determined by the Minister and will be issued by the Minister (in such manner as the Minister thinks fit) in relation to relinquished ground at a time determined by the Minister after the land becomes relinquished ground.
(6) An exploration release area notice will specify—
(a) the exploration release area; and
(b) the application period for that exploration release area.
29—Nature of exploration licence
(1) An exploration licence authorises the holder of the licence to carry out exploration operations of a kind described in the licence in respect of land described, or referred to, in the licence.
(2) An exploration licence must not be granted in respect of extractive minerals.
(3) An exploration licence does not (and cannot) authorise the holder of the licence to carry out exploration operations for precious stones on land within a precious stones field that is outside an opal development area, or on land within an exclusion zone under the
Opal Mining Act 1995 .
29A—Application for exploration licence
(1) An application for an exploration licence—
(a) must be made in a manner and form determined by the Minister; and
(b) must identify the boundaries of the land in respect of which the licence is being sought in accordance with the requirements of section 56E; and
(c) must be accompanied by such information as may be prescribed by the regulations; and
(d) must be accompanied by the prescribed application fee.
(2) If an application relates to an exploration release area (and is lodged with the Director within the application period for that exploration release area), the following provisions will apply:
(a) if the application is the only application received during the application period—the application will be assessed in accordance with this Act;
(b) if the application is 1 of 2 or more applications received during the application period—
(i) the applications will be ranked according to their merits after taking into account such factors as the Minister considers appropriate in the particular circumstances; and
(ii) the highest ranked application will be considered for the grant of an exploration licence but if 2 or more applications are assessed as being of equal merit, they will be placed in a ballot and the application selected by the ballot will be considered for the grant of an exploration licence in accordance with this Act.
(3) An application that relates to open ground may be made at any time.
(4) The following provisions will apply in relation to applications that relate to open ground:
(a) if, on a particular day, the Director receives only 1 application—the application will be assessed in accordance with this Act (and the determination of the application will take priority ahead of an application for an overlapping area lodged with the Director on a later day);
(b) if, on a particular day, the Director receives 2 or more applications that relate to the same land (wholly or in part)—
(i) the applications will be ranked according to their merits after taking into account such factors as the Minister considers appropriate in the particular circumstances; and
(ii) the highest ranked application will be considered for the grant of an exploration licence but if 2 or more applications are assessed as being of equal merit, they will be placed in a ballot and the application selected by the ballot will be considered for the grant of an exploration licence in accordance with this Act.
(5) The Minister may require the applicant to furnish the Minister with any additional information specified by the Minister (and that information must be furnished within any period specified by the Minister).
(6) A ranking under this section will cease to apply if the Minister cancels the ranking on the ground—
(a) that the application is found to be invalid; or
(b) that there is some other default, defect or circumstance that the Minister considers is sufficiently significant to warrant the cancellation of the ranking.
(7) The Minister will not grant an exploration licence unless or until the fee payable under section 31 has been received and if such a fee is not paid in relation to an application that relates to an exploration release area within a period determined by the Minister, the Minister may refuse the application and proceed with the consideration of the application made in relation to the same exploration release area with the next highest ranking (if any) (and if no application is then granted the relevant land will become open ground).
(8) Furthermore, the Minister may at any time and without consultation with the applicant or taking any other step, refuse an application at any stage of its consideration under this Act if—
(a) the applicant fails to comply with a requirement under this Act that is relevant to the making or consideration of the application; or
(b) the Minister considers—
(i) that the applicant has not proceeded with reasonable diligence to obtain any other permission, authorisation, consent or other form of approval under another Act or law that is relevant in the circumstances; or
(ii) that there are other sufficient grounds for not assessing the application further after taking into account the public interest and such other matters as the Minister thinks fit.
29B—Grant of exploration licence
(1) If the Minister decides to grant an exploration licence, the licence will be taken to be granted under this Act when the licence is registered on the mining register (and the term of the licence will be taken to commence from the date of registration).
(2) The Minister must give notice of the granting of an exploration licence in the manner prescribed by the regulations.
or
(c) an indigenous land use agreement registered under the
Native Title Act 1993 of the Commonwealth provides that statutory rights to negotiate are not intended to apply in relation to the mining operations.
(2) Section 49—after note 2 insert:
3Cf.
Native Title Act 1993 (Cwth), section 24EB(1)(c).
(1) Section 50—after paragraph (b) insert:
or
(c) an indigenous land use agreement registered under the
Native Title Act 1993 of the Commonwealth provides that statutory rights to negotiate are not intended to apply in relation to the mining operations.
(2) Section 50—after note 1 insert:
2Cf.
Native Title Act 1993 (Cwth), section 24EB(1)(c).
Section 51(2)—before "Mining" wherever occurring insert:
Opal
(1) Section 59(4)—before "Mining" wherever occurring insert:
Opal
(2) Section 59(5)—before "Mining" insert:
Opal
Section 64(1)(a)—before "Mining" insert:
Opal
(1) Section 70A(1)—delete subsection (1) and substitute:
(1) The Opal Mining Registrar must establish a distinct part of the opal mining register (which may be referred to as the
Opal Mining Native Title Register ) for the registration of agreements and determinations under this Part.
(2) Section 70A(2)—before "Mining" insert:
Opal
(3) Section 70A(3)—delete subsection (3) and substitute:
(3) The Opal Mining Registrar may also note in any other part of the opal mining register any agreement or determination registered under this Part (as the Opal Mining Registrar thinks fit).
(4) Section 70A(4)(a)—before "Mining" insert:
Opal
(5) Section 70A(5)(d)—before "Mining" insert:
Opal
(6) Section 70A(7), penalty provision—delete "$10 000" and substitute:
$50 000
(1) Section 72(2a)—delete "$100 000" and substitute:
$150 000
(2) Section 72(4)(a)—before "Mining" insert:
Opal
(3) Section 72(4)(b)—before "Mining" wherever occurring insert:
Opal
Before section 76 insert:
75A—Opal mining registrar
(1) There is to be an Opal Mining Registrar and other opal mining registrars.
(2) The Opal Mining Registrar and the opal mining registrars are to be Public Service employees.
(3) The Opal Mining Registrar may delegate a power or function of the Opal Mining Registrar to another opal mining registrar.
(4) If the terms of an instrument of delegation allows for subdelegation, the delegate may subdelegate the power or function in accordance with the instrument (and a reference in this section to a delegation will then extend to any such subdelegation).
(5) A delegation under this section—
(a) may be absolute or conditional; and
(b) may be made—
(i) to a specified person; or
(ii) to a person for the time being holding or acting in a specified office or position; and
(iii) does not derogate from the power of the delegator to act in any matter; and
(iv) is revocable at will by the delegator.
(6) An opal mining registrar may be assigned to act as the Opal Mining Registrar—
(a) during a vacancy in the office of Opal Mining Registrar; or
(b) when the Opal Mining Registrar is absent from, or unable to discharge, official duties.
(1) Section 76(1)—delete subsection (1) and substitute:
(1) The Opal Mining Registrar will keep a register (the
opal mining register ).(2) Section 76(2)—delete "The Mining Registrar must, in that part of the Mining Register, keep" and substitute:
The opal mining register will be
(3) Section 76(2)—delete "in the register any other information he or she" and substitute:
any other information the Opal Mining Registrar
(4) Section 76(3)—delete "Mining Registrar must note in the relevant part of the register" and substitute:
Opal Mining Registrar must note in the opal mining register
(5) Section 76(4)—delete "register" and substitute:
opal mining register
(1) Section 77(5)(a) and (b)—delete paragraphs (a) and (b) and substitute:
(a) enter, search, inspect and examine any premises, land or vehicle that has been or is intended to be, used for, or in connection with, any operations or activity regulated by this Act and, where necessary for the purpose, break into or open a part of, or anything in, the premises, land or vehicle;
(b) inspect or examine anything;
(2) Section 77(5)(c)—delete "take, and remove from land," and substitute:
seize and retain
(3) Section 77(8), penalty provision—delete "$2 500" and substitute:
$10 000 or imprisonment for 6 months
(4) Section 77(9), penalty provision—delete "$2 500" and substitute:
$10 000 or imprisonment for 6 months
(5) Section 77(10) to (12)—delete subsections (10) to (12) (inclusive) and substitute:
(10) It is not an excuse for a natural person to refuse to answer a question or to provide information under a preceding subsection on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.
(11) However, if compliance with a requirement to answer a question or to provide information might tend to incriminate the person or make the person liable to a penalty, then—
(a) in the case of a person who is required to provide information, including by the production of a document—the fact of the provision of the information or document (as distinct from the information itself or the contents of a document); or
(b) in any other case—the answer given in compliance with the requirement,
is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement).
(12) An authorised person may require a person who the authorised officer reasonably suspects has committed, is committing or is about to commit, a contravention of this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity.
(13) A person of whom a requirement is made under subsection (12) must comply with the requirement.
Maximum penalty: $5 000.
(14) An authorised person may only exercise a power under subsection (5)(a) in respect of premises on the authority of a warrant issued by a magistrate (including as a warden) or justice.
(15) However, a warrant is not required to exercise a power under subsection (5)(a) in relation to non-residential premises if—
(a) the premises are used by a tenement holder for, or in connection with, operations under this Act; or
(b) the authorised person has reason to believe that, in the circumstances, urgent action is required.
(16) A warrant may not be issued unless the magistrate, warden or justice (as the case may be) is satisfied that the warrant is reasonably required in the circumstances.
(17) An application for the issue of a warrant—
(a) may be made personally, electronically or by telephone; and
(b) must be made in accordance with any procedures prescribed by the regulations.
(1) Section 79(1)—delete subsection (1) and substitute:
(1) If the Minister is satisfied that it is justifiable to do so, the Minister may—
(a) exempt the holder of a tenement from the obligation to comply with a term or condition of the tenement; or
(b) exempt the holder of a tenement from the obligation to comply with a provision of this Act (except Part 7).
(2) Section 79(5), penalty provision—delete "$5 000" and substitute:
$50 000
(1) Section 82(1), penalty provision—delete the penalty provision and substitute:
Maximum penalty: $150 000 or imprisonment for 2 years.
(2) Section 82(3), penalty provision—delete "$1 250" and substitute:
$10 000
(3) Section 82(4), penalty provision—delete "$2 500" and substitute:
$10 000
(4) Section 82(5), penalty provision—delete "$2 500" and substitute:
$10 000
(5) Section 82(6)—after "this Act" insert:
(other than a provision to which an administrative penalty applies)
(6) Section 82(6)—delete "$2 500" and substitute:
$10 000
Section 84(5), penalty provision—delete the penalty provision and substitute:
Maximum penalty: $150 000 or imprisonment for 2 years.
Section 85—before "Mining" wherever occurring insert:
Opal
(1) Section 87(2)—delete "Mining Registrar as to a matter relating to" and substitute:
Opal Mining Registrar certifying
(2) Section 87(2)(a) and (b)—delete paragraphs (a) and (b) and substitute:
(a) as to a matter relating to a permit or tenement under this Act; or
(b) as to a matter relating to a notice or requirement under this Act; or
(c) that a person named in the certificate was or was not at a specified time the holder of a tenement; or
(d) that a specified provision was a term or condition of a specified tenement at a specified time; or
(e) that a specified determination, decision, order or requirement was made or given on a specified day; or
(f) that at a specified time the Minister, the Director or the Opal Mining Registrar gave notice of any specified matter under or in connection with the operation of this Act; or
(g) that at a specified time the Minister, the Director or the Opal Mining Registrar had not received any notice, instrument or other document, or had not received any information of a specified kind; or
(h) that at a specified time a specified person was an authorised officer under this Act; or
(i) that a particular delegation was in force under this Act at a specified time,
(1) Section 89(2), penalty provision—delete "$2 500" and substitute:
$10 000
(2) Section 89(5), penalty provision—delete "$2 500" and substitute:
$10 000
Section 91—delete the section
(1) Section 93(1)—delete "mining" first occurring
(2) Section 93(1)—delete "mining tenement" and substitute:
mineral tenement
(3) Section 93(2)—delete "mining tenement" and substitute:
mineral tenement
(4) Section 93(3), penalty provision—delete "$5 000" and substitute:
$20 000
(5) Section 93(6), penalty provision—delete "$5 000" and substitute:
$10 000
After section 98 insert:
98A—Administrative penalties
(1) This section applies to any provision of this Act (or the regulations) at the foot of which the words "Administrative penalty" appear.
(2) If a person who is a holder or former holder of a tenement is alleged to have contravened a provision to which this section applies, the Director may, by notice in writing to the person, impose an administrative penalty on the person (and the Director may act under this subsection without prior consultation with the person and without the need to give a warning or any prior notice in relation to the matter).
(3) The amount of an administrative penalty is an amount (not exceeding $15 000) prescribed by regulation in relation to the relevant provision.
(4) An administrative penalty may be recovered as a debt due to the Crown.
(5) If an administrative penalty has been imposed in relation to a particular act or default, the same act or default cannot be made the subject of proceedings for an offence against this Act and if proceedings for an offence against this Act have been brought in relation to a particular act or default, an administrative penalty cannot be imposed for the same act or default.
98B—Penalties payable into Mining Rehabilitation Fund The following are payable into the Mining Rehabilitation Fund established under the
Mining Act 1971 :
(a) penalties payable in respect of offences against this Act;
(b) administrative penalties paid under this Act.
(1) Section 99(2)(o)—delete "$2 500" and substitute:
$10 000
(2) Section 99(3)(e)—before "Mining" insert:
Opal
(3) Section 99—after subsection (3) insert:
(4) The Governor may, by regulation, make provisions of a saving or transitional nature consequent on the amendment of this Act by another Act.
(5) A provision made by a regulation under subsection (4) may be in addition to any provision of a saving or transitional nature made by the Act that makes the amendment.
(6) A provision made by a regulation under subsection (4) may, if the regulations so provide, take effect from the commencement of the amendment or from a later day.
(7) To the extent to which a provision takes effect under subsection (6) from a day earlier than the day of the publication of the regulation in the Gazette, the provision does not operate to the disadvantage of a person by—
(a) decreasing the person's rights; or
(b) imposing liabilities on the person.
In this Schedule—
principal Act means theMining Act 1971 .
On and after the day on which section 4 comes into operation, a reference in any Act, statutory instrument or other document or instrument to a mining tenement under the principal Act will, unless the context otherwise requires, be taken to include a reference to a mineral tenement.
(1) In this clause—
mining operator has the same meaning as in the principal Act, as in force immediately before the day on which section 4 comes into operation.
(2) Section 9AA of the principal Act, as in force immediately before the day on which section 9 comes into operation, will continue to apply where a mining operator has given a notice to a person under subsection (1) of that section before the day on which section 22 comes into operation.
All registers kept under section 15A of the principal Act immediately before the repeal of that section by this Act will, on that repeal, be taken to form part of the mining register under section 15AA of the principal Act as enacted by this Act.
(1) A mortgage may be registered under section 15AC of the principal Act, as enacted by this Act, whether it was created before or after the commencement of that section.
(2) An application may be made under section 15AD of the principal Act, as enacted by this Act, in relation to a mortgage—
(a) registered on a register under the principal Act before the commencement of that section; or
(b) created before the commencement of that section and registered on the mining register on or after that commencement.
Section 15AH of the principal Act, as enacted by this Act, extends to the registration of any interest, instrument, agreement, statement, notice, order, direction, bond, penalty or other document or dealing on the mining register before the commencement of section 22 of this Act.
(1) The principal Act, as in force immediately before the commencement of section 23 of this Act, applies for the purposes of the first return required to be furnished by a tenement holder following that commencement and to the calculation of royalty in respect of minerals recovered during the period to which the return relates.
(2) If a relevant event has occurred under section 73E of the principal Act, as in force immediately before the commencement of section 23 of this Act, that event will be taken to be a relevant event for the purposes of section 17AB of the principal Act as enacted by this Act.
(1) In this clause—
grant date is the date of the original grant of an exploration licence;
relevant day means the day on which section 41 comes into operation.
(2) An exploration licence in existence immediately before the relevant day, other than a licence that has been granted under section 30AB of the principal Act, will continue to be subject to the operation of section 30A of the principal Act, as in existence immediately before the relevant day, until the expiration of 5 years from the date on which the licence was granted, and then will be subject to the operation of section 30A of the principal Act, as amended by this Act, as if the term or aggregate term of the licence had reached the period of 6 years, rather than 5 years, and with the grant date for the licence being taken to be 1 year earlier that the actual grant date.
(3) If—
(a) an exploration licence in existence immediately before the relevant day has been granted under section 30AB of the principal Act; and
(b) immediately before the relevant day, the term of that licence when aggregated with the term of the former licence under section 30A of the principal Act, as in existence immediately before the relevant day, has not reached a period of 10 years,
the licence will be subject to the operation of section 30A of the principal Act as in force immediately before the relevant day until the expiration of 10 years from the date on which the former licence was granted, and will then be subject to the operation of section 30A(7)(a) of the principal Act, as amended by this Act, as if the term or aggregate term of the licence had reached the period of 6 years.
(4) If—
(a) an exploration licence in existence immediately before the relevant day has been granted under section 30AB of the principal Act; and
(b) that licence is a successor to a former licence granted under section 30AB of the principal Act; and
(c) immediately before the relevant day, the term of the licence when aggregated with the terms of the former licence or licences under section 30A and 30AB of the principal Act, as in existence immediately before the relevant day, has reached a period of 10 years or more,
the licence will be subject to the operation of section 30A of the principal Act as in force immediately before the relevant day until the expiry of the 5 year aggregate term of the licence and—
(d) the aggregate period of the licence and any former licence will be taken to be 12 years (with the grant date for the licence being adjusted accordingly); and
(e) if the holder of the licence seeks a further renewal of the licence, they will be required to make an application for the renewal of the licence under section 30A of the principal Act, as amended by this Act, and will then be subject to the operation of section 30A(7)(b) (other than subparagraph (ii) of that paragraph) and the licence may continue in force pending the outcome of the application.
(1) An expenditure obligation imposed under section 30(1)(b) of the principal Act as a condition of an exploration licence in existence immediately before the relevant day will be taken to set out the level of expenditure that applies in relation to the licence for the purposes of section 30AAA of the principal Act as enacted by this Act.
(2) The Minister may exercise a power under section 30AAA of the principal Act, as enacted by this Act, in relation to any exploration licence in existence immediately before the commencement of that section.
Section 56Z of the principal Act, as enacted by this Act, cannot apply in relation to a mineral tenement that expired before the commencement of that section.
The Minister may impose a requirement under section 62AA of the principal Act, as enacted by this Act, in relation to a mining tenement (or mineral tenement) granted before the enactment of that section.
12—Jurisdiction relating to tenements and monetary claims The amendment to section 67(1a) of the principal Act by section 78—
(a) does not apply in respect of proceedings commenced before the commencement of that section (and those proceedings may continue as if this Act had not been enacted); and
(b) apply in respect of proceedings commenced after the commencement of that section (including proceedings in respect of a claim arising before the commencement of that section).
13—Programs for environment protection and rehabilitation
(1) In this clause—
ADP means a development program approved under regulation 9 of theMines and Works Inspection Regulations 2013 ;
relevant day means the day on which section 83 comes into operation;
PEPR means a program under Part 10A of the principal Act;
prescribed item means—
(a) an exploration work program; or
(b) a declaration of environmental factors; or
(c) a program for mining and rehabilitation of land,
within the meaning of regulation 114 of the
Mining Regulations 2011 as in force immediately before the relevant day.
(2) A prescribed item—
(a) continues as a PEPR for the purposes of the principal Act; and
(b) insofar as it is relevant to authorised operations conducted under the principal Act on or after the relevant day, will be taken to be an approved program under Part 10A of the principal Act and to be subject to the operation and requirements of—
(i) regulation 114 of the
Mining Regulations 2011 ; and(ii) Part 10A of the principal Act (including so as to require the prescribed item, as a PEPR, to be reviewed under that Part as required and to be relevant to the operation of section 70D of the principal Act as in force immediately before the relevant day and section 70DA of the principal Act as enacted by this Act on or after the relevant day).
(3) An ADP in force immediately before the relevant day—
(a) will be taken to be a PEPR for the purposes of the principal Act; and
(b) insofar as it is relevant to authorised operations conducted under the principal Act on or after the relevant day, will be taken to be an approved program under Part 10A of the principal Act and to be subject to the operation and requirements of Part 10A of the principal Act (including so as to require the ADP, as a PEPR, to be reviewed under that Part as required and to be subject to the operation of sections 70D and 70DA of the principal Act as enacted by this Act on or after the relevant day).
(4) Subclause (3) does not apply in relation to operations within the ambit of section 5 of the
Mines and Works Inspection Act 1920 , as enacted by this Act.(5) The Minister may, on or after the enactment of paragraph (c) of section 70C(5) of the principal Act, reject a program that has been submitted under section 70B of the principal Act before that enactment.
(6) The Minister may require a program audit to be conducted under section 70D of the principal Act, as enacted by this Act, in relation to a PEPR that has been approved before the relevant day.
(7) If a person who has applied for a mineral tenement before the commencement of this Act submits a program for approval under section 70B(4) of the principal Act as substituted by this Act, the program must be consistent with any proposal provided to the Minister during the relevant mineral tenement application process.
If a caveat lodged under Part 11A of the principal Act is in force immediately before the repeal of that Part by this Act—
(a) the provisions of that Part will continue to apply in relation to the caveat as if the repeal had not been effected; and
(b) Division 3 of Part 2A of the principal Act, as enacted by this Act, will not apply in relation to the caveat.
(1) In this clause—
prescribed day means the day falling 15 years after the day on which this clause comes into operation.
(2) On and after the prescribed day—
(a) a mine operations plan in force under section 73G of the principal Act immediately before that day will be taken to be an approved program under Part 10A of the principal Act; and
(b) Part 10A of the principal Act will apply to and in relation to a private mine and a person carrying out mining operations in relation to a private mine; and
(c) section 73G of the principal Act will cease to apply to and in relation to a private mine (and that section will be taken to have been repealed on that day); and
(d) sections 73I and 73KA of the principal Act will apply—
(i) as if a reference to a mine operations plan included a reference to a program under Part 10A of the principal Act; and
(ii) as if a reference to objectives contained in a mine operations plan included a reference to environmental outcomes under a program under Part 10A of the principal Act.
The repeal of section 84A of the principal Act does not affect the operation of any agreement in force under that section before the repeal.
Part 2—Transitional provisions— Opal Mining Act 1995
In this Part—
principal Act means theOpal Mining Act 1995 .
The distinct part of the Mining Register kept under section 76 of the principal Act by the Mining Registrar under the Mining Act, will on the commencement of this Act, be taken to form part of the opal mining register under section 76 as amended by this Act.
If a caveat lodged under section 26 of the principal Act is in force immediately before the repeal of that section by this Act—
(a) the provisions of that section will continue to apply in relation to the caveat as if the repeal had not been effected; and
(b) section 26 of the principal Act, as enacted by this Act, will not apply in relation to the caveat.
The repeal of section 91 of the principal Act does not affect the operation or validity of any agreement in force under that section immediately before the repeal.
21—Jurisdiction relating to tenements and monetary claims The amendment of section 72(2a) by section 177—
(a) does not apply in respect of proceedings commenced before the commencement of that section (and those proceedings may continue as if this Act had not been enacted); and
(b) applies in respect of proceedings commenced after the commencement of that section (including proceedings in respect of a claim arising before the commencement of that section).
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