New South Wales Bills

[Index] [Search] [Download] [Related Items] [Help]

MINING AMENDMENT (CYANIDE LEACHING) BILL 2003

Mining Amendment (Cyanide
Leaching) Bill 2004

No      , 2004


A Bill for

An Act to amend the Mining Act 1992 so as to prohibit cyanide leach processing
of ores; and for related purposes.
 
 
Clause 1     Mining Amendment (Cyanide Leaching) Bill 2004




                                                                           1
The Legislature of New South Wales enacts:
                                                                           2
 1    Name of Act
                                                                           3
           This Act is the Mining Amendment (Cyanide Leaching) Act 2004.
                                                                           4
 2    Commencement
                                                                           5
           This Act commences on the date of assent.
                                                                           6
 3    Amendment of Mining Act 1992 No 29
                                                                           7
           The Mining Act 1992 is amended as set out in Schedule 1.




Page 2
 
 
Mining Amendment (Cyanide Leaching) Bill 2004

Amendments                                                           Schedule 1




Schedule 1 Amendments                                                                  1
                                                                                       2
                                                                        (Section 3)
                                                                                       3
[1]    Section 238A
                                                                                       4
       Insert after section 238:
                                                                                       5
      238A   Cyanide leaching
                                                                                       6
             (1)   It is a condition of every authority or mineral claim that ore
                                                                                       7
                   processing by cyanide leaching is prohibited.
                                                                                       8
             (2)   The condition imposed by this section cannot be revoked,
                                                                                       9
                   suspended or amended, either on renewal of the authority or
                                                                                      10
                   mineral claim or otherwise.
                                                                                      11
             (3)   Nothing in this section limits any power of the Minister or
                                                                                      12
                   mining registrar to impose other conditions on an authority or
                                                                                      13
                   mineral claim.
                                                                                      14
             (4)   In this section:
                                                                                      15
                   cyanide means hydrocyanic acid or any of its salts or
                                                                                      16
                   derivatives.
                                                                                      17
                   cyanide leaching means the process of dissolving metals or
                                                                                      18
                   metal compounds in a cyanide solution.
                                                                                      19
                   ore processing does not include the assessment or testing of
                                                                                      20
                   samples under laboratory conditions.
                                                                                      21
[2]    Schedule 6 Savings, transitional and other provisions
                                                                                      22
       Insert at the end of the Schedule with appropriate Part and clause numbers:

                       Provisions consequent on the                                   23

                       enactment of the Mining Amendment                              24

                       (Cyanide Leaching) Act 2004                                    25


                                                                                      26
             Effect on existing authorities and mineral claims
                                                                                      27
             (1)   In this clause:
                                                                                      28
                   cyanide leaching and ore processing have the same meaning
                                                                                      29
                   as in section 238A.




                                                                          Page 3
 
 
                   Mining Amendment (Cyanide Leaching) Bill 2004

Schedule 1         Amendments



                                                                                         1
                      existing authority or mineral claim means an authority or
                                                                                         2
                      mineral claim in force immediately before the
                                                                                         3
                      commencement of the Mining Amendment (Cyanide
                                                                                         4
                      Leaching) Act 2004.
                                                                                         5
             (2)      Section 238A does not apply to an existing authority or
                                                                                         6
                      mineral claim in respect of which ore processing by cyanide
                                                                                         7
                      leaching had commenced before 1 July 2004.
                                                                                         8
             (3)      An existing authority or mineral claim cannot be amended so
                                                                                         9
                      as to alter the area to which it relates or the conditions to
                                                                                        10
                      which it is subject, if the effect of the amendment would be to
                                                                                        11
                      authorise ore processing by cyanide leaching, or the increased
                                                                                        12
                      use of that process, under the authority or claim.
                                                                                        13
             (4)      Nothing in this clause limits any power of the Minister or
                                                                                        14
                      mining registrar to impose any condition on an existing
                                                                                        15
                      authority or mineral claim.




Page 4

[Index] [Search] [Download] [Related Items] [Help]