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Mining Amendment Act 1999 No 43
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Mining Act 1992 No 29 2
Schedules
1 Amendment of Mining Act 1992 in relation to rights of
landholders 3
2 Amendment of Mining Act 1992 in relation to
compensation rights 21
3 Miscellaneous amendments of Mining Act 1992 25
[36]
New South Wales
Mining Amendment Act 1999 No 43
Act No 43, 1999
An Act to amend the Mining Act 1992 with respect to the rights of landholders
whose lands are affected by mining titles; and for other purposes. [Assented to 8
July 1999]
Section 1 Mining Amendment Act 1999 No 43
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Mining Amendment Act 1999.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Mining Act 1992 No 29
The Mining Act 1992 is amended as set out in Schedules 13.
Page 2
Mining Amendment Act 1999 No 43
Amendment of Mining Act 1992 in relation to rights of landholders Schedule 1
Schedule 1 Amendment of Mining Act 1992 in relation
to rights of landholders
(Section 3)
[1] Section 24 Land over which exploration licence may be granted
Omit section 24 (1). Insert instead:
(1) An exploration licence may be granted over land of any title or
tenure.
[2] Sections 31 (1) (a), 49 (1) (a) and 62 (1) (a)
Omit "the occupier of the land on which the dwelling-house is situated"
wherever occurring.
Insert instead "the person occupying it".
[3] Sections 31 (1), 49 (1) and 62 (1)
Omit "occupier (and, in the case of private land, the owner) of the land on
which the dwelling-house, garden or improvement is situated" wherever
occurring.
Insert instead "owner of the dwelling-house, garden or improvement (and,
in the case of the dwelling-house, the written consent of its occupant)".
[4] Section 32F Access arrangement required for prospecting operations
under low-impact licences
Omit "owners or occupiers of land" from section 32F (4).
Insert instead "landholders".
[5] Section 42 Land over which assessment lease may be granted
Omit section 42 (1). Insert instead:
(1) An assessment lease may be granted over land of any title or
tenure.
[6] Section 68 Land over which mining lease may be granted
Omit section 68 (1). Insert instead:
(1) A mining lease may be granted over land of any title or tenure.
Page 3
Mining Amendment Act 1999 No 43
Schedule 1 Amendment of Mining Act 1992 in relation to rights of landholders
[7] Section 76 Fencing of land subject to mining lease
Omit section 76 (2) (a) and (b). Insert instead:
(a) given by the landholder of the land concerned, or
(b) in the case of Crown land (within the meaning of the
Crown Lands Act 1989) for which there is no
landholder other than the Crown--given by the
Minister.
[8] Section 77 Addition of mineral to mining lease
Omit section 77 (3). Insert instead:
(3) The holder of a mining lease over any land must, within 21
days after lodging the application, serve a copy of the
application on each landholder.
[9] Section 81 Surface prospecting in relation to subsurface leases
Omit section 81 (1) (a). Insert instead:
(a) the landholder, and
[10] Section 138 Application of Division
Omit "on private land or on land held under a pastoral lease" from section
138 (1).
Insert instead "on any land".
[11] Section 138 (2)
Omit "an owner or occupier of land". Insert instead "a landholder".
[12] Section 138 (2)
Omit "an owner or occupier" where secondly occurring.
Insert instead "a landholder".
[13] Section 140 Prospecting to be carried out in accordance with access
arrangement
Omit "each owner and occupier of the land" from section 140 (a).
Insert instead "each landholder".
Page 4
Mining Amendment Act 1999 No 43
Amendment of Mining Act 1992 in relation to rights of landholders Schedule 1
[14] Section 141 Matters for which access arrangement to provide
Omit "any owner or occupier of the land" from section 141 (1) (f).
Insert instead "any landholder of the land".
[15] Section 141 (2)
Omit "each owner or occupier". Insert instead "each landholder".
[16] Section 141 (4)
Omit "the owner or occupier of the land".
Insert instead "a landholder of the land concerned".
[17] Section 141 (4) (b)
Omit "the owner or occupier". Insert instead "the landholder".
[18] Section 142 Holder of prospecting title to seek access arrangement
Omit "each owner and occupier" from section 142 (1).
Insert instead "each landholder".
[19] Section 142 (3)
Omit ", and each owner and occupier of the land concerned,".
Insert instead "and each landholder of the land concerned".
[20] Section 143 Appointment of arbitrator by agreement
Omit "each owner and occupier of the land" wherever occurring in section
143 (1).
Insert instead "each landholder".
[21] Section 143 (1)
Omit "each such owner and occupier". Insert instead "each landholder".
[22] Section 143 (2)
Omit ", and each owner and occupier of the land concerned,".
Insert instead "and each landholder of the land concerned".
Page 5
Mining Amendment Act 1999 No 43
Schedule 1 Amendment of Mining Act 1992 in relation to rights of landholders
[23] Section 144 Appointment of arbitrator in default of agreement
Omit "each owner and occupier" from section 144 (1).
Insert instead "each landholder".
[24] Section 145 Arbitration
Omit "each owner and occupier of that land" from section 145 (1) (b).
Insert instead "each landholder".
[25] Section 145 (2)
Omit "each owner and occupier of the land concerned".
Insert instead "each landholder".
[26] Section 146 Right of appearance
Omit "each owner and occupier of the land" from section 146 (1).
Insert instead "each landholder".
[27] Section 150 Further arbitration
Omit "each owner and occupier of that land" from section 150 (2) (b).
Insert instead "each landholder".
[28] Section 150 (3)
Omit "each owner and occupier". Insert instead "each landholder".
[29] Section 158 Duration of access arrangements
Omit section 158 (a) and (b). Insert instead:
(a) if a landholder with whom the arrangement is made
ceases to be a landholder of the land, or
(b) on the death of a landholder with whom the
arrangement is made.
[30] Section 164 Rights of way
Omit "owner or occupier" wherever occurring in section 164 (2) (a) and (7).
Insert instead "landholder".
Page 6
Mining Amendment Act 1999 No 43
Amendment of Mining Act 1992 in relation to rights of landholders Schedule 1
[31] Section 165 Right of access to water
Omit section 165 (1). Insert instead:
(1) If land subject to an authority includes the surface of any land,
a landholder who is entitled to use the land for stock watering
or water drainage purposes is entitled to free and uninterrupted
access, for those purposes, to the water in any stream (whether
perennial or intermittent) or any lagoon or swamp (whether
permanent or temporary) on or adjacent to the land.
[32] Section 165 (2)
Omit "owner or occupier" where firstly occurring.
Insert instead "landholder".
[33] Section 165 (2)
Omit "owner or occupier, or all of them,". Insert instead "landholder".
[34] Sections 166 (1) and (2) and 213 (1) and (2)
Omit "any private land or Crown land held under a pastoral lease" wherever
occurring.
Insert instead "the land".
[35] Section 166 Use of water, timber and pasturage etc
Omit "the owner or occupier of the surface of the land or, if the owner or
occupier" from section 166 (1).
Insert instead "any landholder of the surface of the land or, if such a
landholder".
[36] Section 166 (2) (b)
Omit "owner or occupier".
Insert instead "landholder".
[37] Section 177 Notice of intention to apply for mineral claim
Omit "Crown land" from section 177 (1). Insert instead "any land".
Page 7
Mining Amendment Act 1999 No 43
Schedule 1 Amendment of Mining Act 1992 in relation to rights of landholders
[38] Section 177 (1)
Omit "the occupier of the land to which the proposed application relates".
Insert instead "the landholder".
[39] Section 178 Application for granting of mineral claim
Omit "in the case of an application that relates to Crown land--" from
section 178 (2) (f).
[40] Section 178 (2) (f)
Omit "occupier of that land".
Insert instead "landholder of the land concerned".
[41] Section 179 Objection as to agricultural land
Omit section 179 (1). Insert instead:
(1) A landholder who is entitled to use land for agricultural
purposes and who is served with a notice under section 177
may object to the granting of a mineral claim over the land on
the basis that the land is agricultural land.
[42] Section 180 General restrictions
Omit section 180 (5).
[43] Section 188 Dwelling-houses, gardens and improvements
Omit "the occupier of the land on which the dwelling-house is situated"
from section 188 (1) (a).
Insert instead "the person occupying it".
[44] Section 188 (1)
Omit "occupier (and, in the case of private land, the owner) of the land on
which the dwelling-house, woolshed, shearing shed, garden or improvement
is situated".
Insert instead "owner of the dwelling-house, woolshed, shearing shed,
garden or improvement (and, in the case of the dwelling-house, the written
consent of its occupant)".
Page 8
Mining Amendment Act 1999 No 43
Amendment of Mining Act 1992 in relation to rights of landholders Schedule 1
[45] Section 200 Application for transfer
Omit section 200 (2) (d). Insert instead:
(d) must be accompanied by a copy of the relevant notice
served under subsection (2A).
[46] Section 200 (2A)
Insert after section 200 (2):
(2A) Notice of an intention to make an application under this section
must be given by the applicant to the landholder of the land to
which the mineral claim relates.
[47] Section 211 Rights of way
Omit "owner or occupier" wherever occurring in section 211 (2) (a) and (7).
Insert instead "landholder".
[48] Section 212 Right of access to water
Omit section 212 (1). Insert instead:
(1) If land subject to a mineral claim includes the surface of any
land, a landholder who is entitled to use the land for stock
watering or water drainage purposes is entitled to free and
uninterrupted access, for those purposes, to the water in any
stream (whether perennial or intermittent) or any lagoon or
swamp (whether permanent or temporary) on or adjacent to the
land.
[49] Section 212 (2)
Omit "any such owner or occupier". Insert instead "any such landholder".
[50] Section 212 (2)
Omit "the owner or occupier, or all of them,".
Insert instead "the landholder".
Page 9
Mining Amendment Act 1999 No 43
Schedule 1 Amendment of Mining Act 1992 in relation to rights of landholders
[51] Section 213 Use of water, timber and pasturage etc
Omit "the owner or occupier of the surface of the land or, if the owner or
occupier" from section 213 (1).
Insert instead "any landholder of the surface of the land or, if such a
landholder".
[52] Section 213 (2) (b)
Omit "owner or occupier". Insert instead "landholder".
[53] Section 220 Opal prospecting areas
Omit "any Crown land". Insert instead "any prescribed land".
[54] Section 220 (2) and (3)
Insert at the end of section 220:
(2) For the purposes of this section, prescribed land is:
(a) any land held under a lease or licence for grazing
purposes under the Crown Lands Act 1989, the Crown
Lands (Continued Tenures) Act 1989 or the Western
Lands Act 1901, or
(b) Crown land, or land within a reserve, other than:
(i) land that is held under a lease or licence (not
being a lease or licence referred to in paragraph
(a)) under the Crown Lands Act 1989, the
Crown Lands (Continued Tenures) Act 1989 or
the Western Lands Act 1901, or
(ii) land that has been sold or lawfully contracted to
be sold, or
(iii) land in respect of which a reserve trust has been
established under Division 4 of Part 5 of the
Crown Lands Act 1989 or that is under the
control of a council pursuant to section 48 of the
Local Government Act 1993, or
(iv) land that is subject to an easement, or
(v) any land of a class or description prescribed by
the regulations.
Page 10
Mining Amendment Act 1999 No 43
Amendment of Mining Act 1992 in relation to rights of landholders Schedule 1
(3) In subsection (2):
Crown land has the same meaning as in the Crown Lands Act
1989.
licence includes a permissive occupancy.
reserve has the same meaning as in Part 5 of the Crown Lands
Act 1989.
[55] Section 221 Notification of landholders
Omit "occupied Crown" wherever occurring.
[56] Section 221
Omit "any occupier of the land". Insert instead "the landholder".
[57] Section 221 (b) and (c)
Omit "occupier" wherever occurring. Insert instead "landholder".
[58] Section 222 Objections
Omit "An occupier of Crown land" from section 222 (1).
Insert instead "A landholder of any land"
[59] Section 222 (1) (a)
Insert ", if the landholder is a person who is entitled to use the land for
agricultural purposes" after "agricultural land".
[60] Section 253 Encroachments by mining works
Omit "an owner or occupier" from section 253 (2).
Insert instead "a landholder".
[61] Section 254 Permit to enter land
Omit "Crown land held under a pastoral lease" from section 254 (1).
Insert instead "any land".
Page 11
Mining Amendment Act 1999 No 43
Schedule 1 Amendment of Mining Act 1992 in relation to rights of landholders
[62] Section 254 (3) and (4)
Insert after section 254 (2):
(3) A permit under this section may not be granted over any land:
(a) on which, or within the prescribed distance of which, is
situated a dwelling-house that is the principal place of
residence of the person occupying it or a woolshed or
shearing shed that is in use as such, or
(b) on which, or within the prescribed distance of which, is
situated any garden, or
(c) on which is situated any improvement (being a
substantial building, dam, reservoir, contour bank,
graded bank, levee, water disposal area, soil
conservation work or other valuable work or structure)
other than an improvement constructed or used for
mining purposes and for no other purposes.
(4) The prescribed distance is:
(a) 200 metres (or, if a greater distance is prescribed by the
regulations, the greater distance) for the purposes of
subsection (3) (a), and
(b) 50 metres (or, if a greater distance is prescribed by the
regulations, the greater distance) for the purposes of
subsection (3) (b).
[63] Section 255 Restriction of power of entry
Omit "occupier of the land" wherever occurring in section 255 (1) (b) and
(d).
Insert instead "landholder".
[64] Section 255 (2)
Omit "the owner of the land (in the case of private land) or the occupier of
the land (in the case of Crown land)".
Insert instead "the landholder of the land concerned".
[65] Section 255 (2)
Omit "the occupier of the land" where secondly occurring.
Insert instead "the landholder".
Page 12
Mining Amendment Act 1999 No 43
Amendment of Mining Act 1992 in relation to rights of landholders Schedule 1
[66] Section 262 Definition
Omit "owner or occupier of that land" from section 262 (c).
Insert instead "landholder".
[67] Section 263 Compensation arising under exploration licence
Omit section 263 (1). Insert instead:
(1) On the granting of an exploration licence, a landholder of any
land (whether or not subject to the licence) becomes entitled to
compensation for any compensable loss suffered, or likely to be
suffered, by the landholder as a result of the exercise of the
rights conferred by the licence or by an access arrangement in
respect of the licence.
[68] Section 263 (2)
Omit "an owner or occupier". Insert instead "a landholder".
[69] Section 264 Compensation arising under assessment lease
Omit section 264 (1). Insert instead:
(1) On the granting of an assessment lease, a landholder of any
land (whether or not subject to the lease) becomes entitled to
compensation for any compensable loss suffered, or likely to be
suffered, by the landholder as a result of the exercise of the
rights conferred by the lease or by an access arrangement in
respect of the lease.
[70] Section 264 (2)
Omit "an owner or occupier". Insert instead "a landholder".
[71] Section 265 Compensation arising under mining lease
Omit section 265 (1). Insert instead:
(1) On the granting of a mining lease, a landholder of any land
(whether or not subject to the lease) becomes entitled to
compensation for any compensable loss suffered, or likely to be
suffered, by the landholder as a result of the exercise of the
rights conferred by the lease.
Page 13
Mining Amendment Act 1999 No 43
Schedule 1 Amendment of Mining Act 1992 in relation to rights of landholders
[72] Section 265 (2) and (3)
Omit "an owner or occupier" wherever occurring.
Insert instead "a landholder".
[73] Section 265 (4)
Omit "payable to an owner or occupier under subsection (1) (a)".
Insert instead "payable to a landholder under subsection (1)".
[74] Section 267A Effect of determination and payment of compensation
under provisions of Commonwealth Native Title Act
Omit "owner" from section 267A (1) (a). Insert instead "landholder".
[75] Section 268 Compensation payable on transfer of certain authorities
etc
Omit "private land". Insert instead "any land".
[76] Section 268
Omit "an owner or occupier" wherever occurring.
Insert instead "a landholder".
[77] Section 270 Compensation arising under environmental assessment
permit
Omit section 270 (1). Insert instead:
(1) If the holder of an environmental assessment permit enters any
land under the authority of the permit, landholders become
entitled to compensation from the holder of the permit for any
compensable loss they suffer as a result of the exercise of the
rights conferred by the permit.
[78] Section 270 (2)
Omit "owner or occupier". Insert instead "landholder".
[79] Section 277 Directions to furnish names and addresses
Omit "the owner or occupier" where firstly occurring in section 277 (1).
Insert instead "a landholder".
Page 14
Mining Amendment Act 1999 No 43
Amendment of Mining Act 1992 in relation to rights of landholders Schedule 1
[80] Section 277 (1)
Omit "the owner or occupier of the land" from section 277 (1).
Insert instead "the landholder".
[81] Section 383 Service of documents
Omit "an owner or occupier of land" from section 383 (2).
Insert instead "a landholder".
[82] Section 383 (6) and (7)
Insert after section 383 (5):
(6) A requirement of this Act to serve a document on a landholder
is, if the landholder is the Crown, a requirement to serve it in
the manner prescribed by the regulations.
(7) The regulations may, in a particular case or class of cases,
dispense with service on the Crown pursuant to a requirement
referred to in subsection (6).
[83] Section 383A Service of documents on native title holders
Omit "an owner of land" from section 383A (1).
Insert instead "a landholder".
[84] Section 383A (2)
Omit section 383A (2)(5). Insert instead:
(2) If no approved determination of native title (within the meaning
of the Commonwealth Native Title Act) exists in relation to the
land concerned:
(a) a document authorised or required under this Act to be
served on a landholder cannot, for the purposes of
serving it on a landholder who is a native title holder
who cannot be identified, be effected in the manner
prescribed by section 383 (2), and
(b) such a document may, however, be served on any such
landholder by serving it, in a manner authorised by
section 383 (1) and (4), on:
Page 15
Mining Amendment Act 1999 No 43
Schedule 1 Amendment of Mining Act 1992 in relation to rights of landholders
(i) any representative Aboriginal/Torres Strait
Islander bodies for an area that includes the land
concerned, and
(ii) any registered native title claimants in relation to
the land concerned.
[85] Section 383B Consent of landholders and others
Omit "the occupier and, in the case of private land, the owner of the land
concerned" from section 383B (1) (a).
Insert instead "a person or persons specified in the relevant section".
[86] Section 383B (1) (b)
Omit "the owner and (if the owner is not the occupier) the occupier of the
land concerned".
Insert instead "the landholder".
[87] Section 383B (1) (c)
Omit "each owner and occupier of the land concerned".
Insert instead "each landholder".
[88] Section 383B (1) (d)
Omit "the owner or occupier of the land concerned".
Insert instead "the landholder".
[89] Section 383B (1) (e)
Omit "the owner or occupier of the surface of the land concerned".
Insert instead "the landholder".
[90] Section 383B (1) (f) and (g) and (2) (f)
Omit the paragraphs.
[91] Section 383B (1) (h)
Omit "an owner or occupier". Insert instead "a landholder".
Page 16
Mining Amendment Act 1999 No 43
Amendment of Mining Act 1992 in relation to rights of landholders Schedule 1
[92] Section 383B (2)
Omit "an owner or occupier of land".
Insert instead "a landholder or other person".
[93] Section 383B (2)
Omit "subsection (1) (a)(g)". Insert instead "subsection (1) (a)(e)".
[94] Section 383B (2) (a)
Omit "the owner or occupier of the land".
Insert instead "the landholder or person".
[95] Section 383B (2) (b), (d) and (e)
Omit "the owner or occupier of the land concerned" wherever occurring.
Insert instead "the landholder".
[96] Section 383B (2) (c)
Omit "those owners and occupiers (if any) of the land concerned".
Insert instead "those landholders (if any)".
[97] Section 383B (2) (c)
Omit "an owner or occupier of the land". Insert instead "a landholder".
[98] Section 383B (3)
Omit "an owner". Insert instead "a landholder".
[99] Section 383B (3) (a)
Omit ", to grant the lease or mineral claim or to deal with the transfer of the
mineral claim".
Insert instead "or to grant the lease".
[100] Section 383B (3) (b)
Omit the paragraph. Insert instead:
(b) if notice of the intention to exercise the rights, to grant
the lease, to carry out the operations, to make an
Page 17
Mining Amendment Act 1999 No 43
Schedule 1 Amendment of Mining Act 1992 in relation to rights of landholders
agreement as to an access arrangement or to utilise the
resources is served in the manner prescribed by section
383A and, at the expiration of the period of 4 months
starting when the notice is served, no person becomes a
registered native title claimant or a registered native title
body corporate in relation to the land concerned.
[101] Schedule 1, clause 20
Omit the clause. Insert instead:
20 Application of Division
This Division applies to a mining lease that is proposed to
extend to the surface of any land.
[102] Schedule 1, clause 21 Notification of landholders
Omit "owner or occupier" wherever occurring in clause 21 (1), (3) and (5).
Insert instead "landholder".
[103] Schedule 1, clause 22
Omit "An owner or occupier of private land, or of Crown land held under
a pastoral lease," from clause 22 (1).
Insert instead "A landholder of any land".
[104] Schedule 1, clause 22 (3)
Omit the subclause. Insert instead:
(3) Subclause (1) does not apply if the landholder consents in
writing to the granting of the mining lease over the land or if
the applicant for the mining lease consents in writing to the
surface of the land being excluded from the application.
[105] Schedule 1, clause 23
Omit "the occupier (and, in the case of private land, the owner) of the land"
from clause 23 (1).
Insert instead "the landholder".
Page 18
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Amendment of Mining Act 1992 in relation to rights of landholders Schedule 1
[106] Schedule 1, clause 23A
Omit "An owner or occupier" from clause 23A (1).
Insert instead "A landholder".
[107] Dictionary
Omit the definitions of Crown land, Crown lease for pastoral purposes,
occupier, owner, pastoral lease, private land, special lease for pastoral
purposes and Western lands lease for pastoral purposes.
[108] Dictionary
Insert in alphabetical order:
landholder means, in relation to any land:
(a) the owner of an estate in fee simple in the land, or
(b) a native title holder of the land, or
(c) the holder of a lease or licence granted under the Crown
Lands Act 1989 over the land, or
(d) the holder of a tenure referred to in Part 1 or 2 of
Schedule 1 to the Crown Lands (Continued Tenures)
Act 1989 in the land, or
(e) the holder of a permissive occupancy granted over the
land, or
(f) the holder of a lease granted under the Western Lands
Act 1901 over the land, or
(g) a person identified in any register or record kept by the
Registrar-General as a person having an interest in the
land, or
(h) a person of a class prescribed by or determined in
accordance with the regulations to be landholders for
the purposes of this definition,
but does not include a person of a class prescribed as outside
the scope of this definition.
permissive occupancy has the same meaning as in the Crown
Lands (Continued Tenures) Act 1989.
registered native title body corporate has the same meaning as
in the Commonwealth Native Title Act.
Page 19
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Schedule 1 Amendment of Mining Act 1992 in relation to rights of landholders
registered native title claimant has the same meaning as in the
Commonwealth Native Title Act.
[109] Dictionary, definition of "party"
Omit "an owner or occupier" from paragraph (b).
Insert instead "a landholder".
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Mining Amendment Act 1999 No 43
Amendment of Mining Act 1992 in relation to compensation rights Schedule 2
Schedule 2 Amendment of Mining Act 1992 in relation
to compensation rights
(Section 3)
[1] Sections 266 and 267
Omit the sections. Insert instead:
266 Compensation arising under mineral claim
(1) On the granting of a mineral claim, a landholder becomes
entitled to compensation for any compensable loss suffered, or
likely to be suffered, by the landholder as a result of the
exercise of the rights conferred by the claim.
(2) The compensation payable under this section consists of:
(a) such amounts as may be determined by agreement
between the holder of the mineral claim and any
landholder (other than a landholder referred to in
subsection (5)), and
(b) such amounts as, in default of such an agreement, may
be assessed by a warden on application made by the
holder of the mineral claim or any landholder (other
than a landholder referred to in subsection (5)), and
(c) such amounts as may be payable according to an order
referred to in subsection (5).
(3) Instead of assessing compensation in relation to a particular
mineral claim, a warden may assess compensation in relation
to:
(a) all mineral claims within a mining division, or
(b) any particular group of mineral claims within a mining
division,
and, in that event, may assess compensation as a fixed amount
per mineral claim or as an amount per mineral claim to be
calculated at a fixed rate.
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Schedule 2 Amendment of Mining Act 1992 in relation to compensation rights
(4) The holder of a mineral claim must not exercise any right
conferred by the claim unless:
(a) the holder has served notice of the holder's intention to
exercise such rights on any person entitled to
compensation under this section, and
(b) in respect of every landholder (other than a landholder
referred to in subsection (5)):
(i) there is in place an agreement referred to in
subsection (2) (a), or
(ii) any amounts referred to in subsection (2) (a) and
(b) have been paid into a Warden's Court or to
the person entitled to them, and
(c) the holder has paid into a Warden's Court an amount
prescribed by or determined in accordance with the
regulations.
(5) An amount paid into court as referred to in subsection (4) (c)
is to be held by the court for payment of compensation, at the
order of the court, to any landholder who (whether because he
or she could not then be identified, or for any other reason)
could not, at the time the holder of the mineral claim began to
exercise any rights under the claim, establish an entitlement to
compensation under this section, but who subsequently does
so.
(6) Section 274 applies to an amount paid as referred to in
subsection (4) (c):
(a) as if it were an amount assessed by the warden, and
(b) as if the reference, in section 274 (2), to the expiration
of 6 months were a reference to the expiration of 5
years, and
(c) as if a reference, in section 274 (2) or (3), to the
expiration of 12 months were a reference to the
expiration of 5 years and 6 months.
267 Compensation arising under opal prospecting licence
(1) On the granting of an opal prospecting licence, a landholder
becomes entitled to compensation for any compensable loss
suffered, or likely to be suffered, by the landholder as a result
of the exercise of the rights conferred by the licence.
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Amendment of Mining Act 1992 in relation to compensation rights Schedule 2
(2) The compensation payable under this section consists of:
(a) such amounts as may be determined by agreement
between the holder of the opal prospecting licence and
any landholder (other than a landholder referred to in
subsection (5)), and
(b) such amounts as, in default of such an agreement, may
be assessed by a warden on application made by the
holder of the opal prospecting licence or any landholder
(other than a landholder referred to in subsection (5)),
and
(c) such amounts as may be payable according to an order
referred to in subsection (5).
(3) Instead of assessing compensation in relation to a particular
opal prospecting licence, a warden may assess compensation in
relation to:
(a) all opal prospecting licences within a mining division,
or
(b) any particular group of opal prospecting licences within
a mining division,
and, in that event, may assess compensation as a fixed amount
per licence or as an amount per licence to be calculated at a
fixed rate.
(4) The holder of an opal prospecting licence must not exercise any
right conferred by the licence unless:
(a) the holder has served notice of the holder's intention to
exercise such rights on any person entitled to
compensation under this section, and
(b) in respect of every landholder (other than a landholder
referred to in subsection (5)):
(i) there is in place an agreement referred to in
subsection (2) (a), or
(ii) any amounts referred to in subsection (2) (a) and
(b) have been paid into a Warden's Court or to
the person entitled to them, and
(c) the holder has paid into a Warden's Court an amount
prescribed by or determined in accordance with the
regulations.
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Schedule 2 Amendment of Mining Act 1992 in relation to compensation rights
(5) An amount paid into court as referred to in subsection (4) (c)
is to be held by the court for payment of compensation, at the
order of the court, to any landholder who (whether because he
or she could not then be identified, or for any other reason)
could not, at the time the holder of the opal prospecting licence
began to exercise any rights under the licence, establish an
entitlement to compensation under this section, but who
subsequently does so.
(6) Section 274 applies to an amount paid as referred to in
subsection (4) (c):
(a) as if it were an amount assessed by the warden, and
(b) as if the reference, in section 274 (2), to the expiration
of 6 months were a reference to the expiration of 5
years, and
(c) as if a reference, in section 274 (2) or (3), to the
expiration of 12 months were a reference to the
expiration of 5 years and 6 months.
[2] Section 278 Appeals
Omit "claims, as referred to in section 266 (4) or 267 (4)" wherever
occurring in section 278 (2) and (3).
Insert instead "claims or opal prospecting licences, as referred to in section
266 (3) or 267 (3)".
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Mining Amendment Act 1999 No 43
Miscellaneous amendments of Mining Act 1992 Schedule 3
Schedule 3 Miscellaneous amendments of Mining Act
1992
(Section 3)
[1] Section 4A
Insert at the end of Part 1:
4B Notes
Notes included in this Act are explanatory notes and do not
form part of this Act.
[2] Section 12 Fossicking
Omit section 12 (2) (b). Insert instead:
(b) does not confer on any person a right of entry on to land
(other than land prescribed by subsection (2A)) for
fossicking purposes.
[3] Section 12 (2A)
Insert after section 12 (2):
(2A) For the purposes of subsection (2) (b), the prescribed land is
Crown land (within the meaning of the Crown Lands Act
1989):
(a) that is not held under a lease, licence or permissive
occupancy under the Crown Lands Act 1989, the Crown
Lands (Continued Tenures) Act 1989 or the Western
Lands Act 1901, unless it is so held for grazing
purposes, and
(b) that is not under the management or control of a trustee
or a public or local authority.
[4] Section 138 Application of Division
Insert after section 138 (2):
(3) This Division applies, in the case of a prospecting title that is
a low-impact exploration licence, as though a reference in this
Division to a landholder included a reference to:
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Mining Amendment Act 1999 No 43
Schedule 3 Miscellaneous amendments of Mining Act 1992
(a) any registered native title body corporate, and
(b) any registered native title claimant,
in relation to the land over which the licence is granted.
[5] Section 138, note
Omit the note appearing at the end of the section. Insert instead:
Note. Section 32F imposes a condition on low-impact exploration
licences that requires an access arrangement to be entered into under this
Division between the holder of the licence and each registered native title
body corporate and registered native title claimant.
[6] Section 169 Forfeiture of security deposit
Omit the section. Insert instead:
169 Retention and forfeiture of security deposit
(1) A security in relation to an authority may be retained by the
Minister until the Minister is satisfied that the holder of the
authority has fulfilled the obligations arising under this Act in
relation to the authority, whether the obligations concerned are
required to be fulfilled during or after the period for which the
authority remains in force.
(2) Obligations required to be fulfilled after the period for which
the authority remains in force do not cease merely because the
authority has ceased to be in force, and the relevant security
may be retained under subsection (1) even though the authority
is no longer in force.
(3) Such part of any security in relation to an authority as the
Minister may determine is to be forfeited to the Crown if the
holder of the authority fails to fulfil the obligations arising
under this Act in relation to the authority.
(4) Money realised from the forfeiture of any such security is to be
applied for the purpose of fulfilling the obligations arising
under this Act in relation to the authority.
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Mining Amendment Act 1999 No 43
Miscellaneous amendments of Mining Act 1992 Schedule 3
(5) The functions of the Minister under this section may be
exercised with or without the benefit of a finding by a court or
tribunal that the holder of the authority concerned has failed to
fulfil any obligations arising under this Act in relation to the
authority.
[7] Section 216 Forfeiture of security deposit
Omit the section. Insert instead:
216 Retention and forfeiture of security deposit
(1) A security in relation to a mineral claim may be retained by the
Director-General until the Director-General is satisfied that the
holder of the claim has fulfilled the obligations arising under
this Act in relation to the claim, whether the obligations
concerned are required to be fulfilled during or after the period
for which the claim remains in force.
(2) Obligations required to be fulfilled after the period for which
the mineral claim remains in force do not cease merely because
the claim has ceased to be in force, and the relevant security
may be retained under subsection (1) even though the claim is
no longer in force.
(3) Such part of any security in relation to a mineral claim as the
Director-General may determine is to be forfeited to the Crown
if the holder of the claim fails to fulfil the obligations arising
under this Act in relation to the claim.
(4) Money realised from the forfeiture of any such security may be
applied for the purpose of rehabilitating any land in the State
affected by prospecting or mining operations.
(5) The functions of the Director-General under this section may
be exercised with or without the benefit of a finding by a court
or tribunal that the holder of the mineral claim concerned has
failed to fulfil any obligations arising under this Act in relation
to the claim.
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Schedule 3 Miscellaneous amendments of Mining Act 1992
[8] 296 Jurisdiction of Warden's Courts
Insert after section 296 (u):
(v) an offence under section 374A.
[9] Section 374A
Insert after section 374:
374A Contravention of conditions of mining title
(1) The holder of any lease, licence or mineral claim under this Act
must not, without reasonable excuse, contravene or fail to
comply with any conditions of the lease, licence or claim.
Maximum penalty: 100 penalty units.
(2) If the conditions of a lease, licence or mineral claim held by
more than one person are contravened, each holder who
knowingly authorised or permitted the contravention is guilty
of an offence under this section.
[10] Section 375A
Insert after section 375:
375A Penalty notices for offences under section 374A
(1) The Minister may serve a penalty notice on the holder of a
lease, licence or mineral claim under this Act if it appears to the
Minister that the person has committed an offence under
section 374A.
(2) A penalty notice is a notice to the effect that, if the person
served does not wish to have the matter determined by a court,
the person may pay, within the time and to the person specified
in the notice, the penalty prescribed by the regulations for the
offence if dealt with under this section.
(3) A penalty notice may be served personally or by post.
(4) If the amount of the penalty prescribed for an alleged offence
is paid under this section, no person is liable to any further
proceedings for the alleged offence.
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Miscellaneous amendments of Mining Act 1992 Schedule 3
(5) Payment under this section is not an admission of liability for
the purposes of, and does not affect or prejudice, any civil
claim, action or proceeding arising out of the same occurrence.
(6) The regulations may:
(a) prescribe the amount of penalty for an offence under
section 374A if dealt with under this section, and
(b) prescribe different amounts of penalty for different
offences or classes of offences under that section.
(7) The amount of penalty prescribed under this section for an
offence may not exceed 50 penalty units.
(8) This section does not limit the operation of any provision made
by or under this or any other Act relating to proceedings that
may be taken in respect of offences.
[11] Schedule 1 Public consultation with respect to the granting of
assessment leases and mining leases
Insert "or for one or more mining purposes" after "minerals" in clause 28
(b).
[12] Schedule 6 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Mining Amendment Act 1999
[13] Schedule 6, Part 5
Insert after Part 4:
Part 5 Provisions consequent on the enactment of
the Mining Amendment Act 1999
64 Definition
In this Part, amending Act means the Mining Amendment Act
1999.
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Schedule 3 Miscellaneous amendments of Mining Act 1992
65 Certain persons taken to be landholders
Except in so far as the regulations otherwise provide, a class of
persons that, immediately before the repeal of the definition of
occupier, was prescribed for the purposes of that definition is
taken to be a class of persons prescribed by or determined in
accordance with the regulations to be landholders for the
purposes of the definition of landholder.
66 Consents enabling the exercise of rights under mining titles
(1) In this clause, consent provision means section 31, 49, 62 or
188.
(2) Rights referred to in a consent provision that were the subject
of a written consent given under the consent provision before
the date on which amendments made by the amending Act to
the consent provision took effect may be exercised without the
need to obtain consent under the consent provision as amended
by the amending Act.
67 Notification of application for mineral claim
(1) A person:
(a) who, before the date on which amendments made by the
amending Act to section 177 took effect, applied for a
mineral claim over any land other than Crown land
(within the meaning of that section, as in force
immediately before that date), and
(b) whose application was not determined before that date,
must serve notice on any person entitled, under that section as
amended by the amending Act, to be notified of a proposed
application.
(2) Such a mineral claim is not to be granted unless a copy of a
notice served as required by subclause (1) has been lodged in
the same manner as the application.
(3) The notice is taken, for the purposes of section 179, as
amended by the amending Act, to be a notice under section
177, as so amended.
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Mining Amendment Act 1999 No 43
Miscellaneous amendments of Mining Act 1992 Schedule 3
68 Compensation arising under mineral claim or opal prospecting
licence
The holder of a mineral claim or opal prospecting licence who,
before the date on which amendments made by the amending
Act to section 266 or 267, as the case may be, had met the
requirements of the relevant section in order to be entitled to
exercise the rights conferred by the claim or licence is taken to
have met the requirements of the relevant section, as amended
by the amending Act, to exercise those rights.
[Minister's second reading speech made in--
Legislative Council on 23 June 1999
Legislative Assembly on 2 July 1999 pm]
BY AUTHORITY
Page 31
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