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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Mining Amendment (Improvements on
Land) Bill 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Mining Act 1992 No 29 2
4 Amendment of Mining Amendment Act 2008 No 19 2
5 Repeal of Act 2
Schedule 1 Amendments 3
b2008-103-35.d09
New South Wales
Mining Amendment (Improvements on
Land) Bill 2008
No , 2008
A Bill for
An Act to amend the Mining Act 1992 to clarify the circumstances in which consent
is required to the granting of a mining lease over land on which an improvement is
situated; and for other purposes.
Clause 1 Mining Amendment (Improvements on Land) Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Mining Amendment (Improvements on Land) Act 2008. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
3 Amendment of Mining Act 1992 No 29 6
The Mining Act 1992 is amended as set out in Schedule 1. 7
4 Amendment of Mining Amendment Act 2008 No 19 8
The Mining Amendment Act 2008 is amended by omitting Schedule 9
1 [56]. 10
5 Repeal of Act 11
(1) This Act is repealed on the day following the day on which this Act 12
commences. 13
(2) The repeal of this Act does not, because of the operation of section 30 14
of the Interpretation Act 1987, affect any amendment made by this Act. 15
Page 2
Mining Amendment (Improvements on Land) Bill 2008
Amendments Schedule 1
Schedule 1 Amendments 1
(Section 3) 2
[1] Section 31 Dwelling-houses, gardens and significant improvements 3
Omit section 31 (1) (c). Insert instead: 4
(c) on which is situated any significant improvement other 5
than an improvement constructed or used for mining 6
purposes only, 7
[2] Sections 31 (4) and (5), 49 (4) and (5), 62 (4) and 188 (4) and (5) 8
Insert "significant" before "improvement" wherever occurring. 9
[3] Section 49 Dwelling-houses, gardens and significant improvements 10
Omit section 49 (1) (c). Insert instead: 11
(c) on which is situated any significant improvement other 12
than an improvement constructed or used for mining 13
purposes only, 14
[4] Section 62 Dwelling-houses, gardens and significant improvements 15
Omit section 62 (1) (c). Insert instead: 16
(c) on which is situated anything that is taken to be a 17
significant improvement under clause 23A of Schedule 1, 18
[5] Section 62 (6) and (6A) 19
Omit section 62 (6). Insert instead: 20
(6) This section does not apply with respect to a dwelling-house, 21
garden or significant improvement owned by the applicant for the 22
mining lease or, if the applicant is a corporation, by a related 23
corporation. 24
(6A) If a dispute arises as to whether or not subsection (1) (a) or (b) 25
applies in any particular case, the applicant for the lease, the 26
owner of the dwelling-house or garden or the occupier of the 27
dwelling-house may apply to a Warden's Court for a 28
determination on the matter. 29
[6] Section 62 (8) 30
Omit the subsection. 31
Page 3
Mining Amendment (Improvements on Land) Bill 2008
Schedule 1 Amendments
[7] Section 188 Dwelling-houses, gardens and significant improvements 1
Omit section 188 (1) (c). Insert instead: 2
(c) on which is situated any significant improvement other 3
than an improvement constructed or used for mining 4
purposes only, 5
[8] Section 254 Permit to enter land 6
Omit section 254 (3) (c). Insert instead: 7
(c) on which is situated any significant improvement other 8
than an improvement constructed or used for mining 9
purposes only. 10
[9] Schedule 1 Public consultation with respect to the granting of 11
assessment leases and mining leases 12
Omit "valuable works and structures" wherever occurring in clause 21 (2) (c) 13
and (4) (c). 14
Insert instead "significant improvements". 15
[10] Schedule 1, clauses 23A (1) and (6) and 23B (3) 16
Omit "valuable work or structure" wherever occurring. 17
Insert instead "significant improvement". 18
[11] Schedule 1, clause 23A (2) 19
Omit "work or structure". Insert instead "improvement". 20
[12] Schedule 6 Savings, transitional and other provisions 21
Insert at the end of clause 1 (1): 22
Mining Amendment (Improvements on Land) Act 2008 23
[13] Schedule 6, Part 11 24
Insert after Part 10 with appropriate clause numbering: 25
Part 11 Provisions consequent on enactment of 26
Mining Amendment (Improvements on 27
Land) Act 2008 28
Consent to mining leases and application of amending Act to 29
pending applications 30
(1) If, in relation to an application for a mining lease that was lodged 31
before the commencement of this clause: 32
Page 4
Mining Amendment (Improvements on Land) Bill 2008
Amendments Schedule 1
(a) the owner of any improvement situated on the land to 1
which the application relates was notified of the 2
application in accordance with clause 21 (3) and (4) of 3
Schedule 1, and 4
(b) the 28-day period (as referred to in clause 21 (4) (c) of that 5
Schedule) ended on or at any time before 7 August 2008, 6
and 7
(c) the owner did not, within that 28-day period, make a claim 8
under clause 23A of that Schedule in relation to the 9
improvement, 10
the owner of the improvement is, to the extent that the owner's 11
consent to the granting of the lease was required because of 12
section 62 (1) (c) of this Act (as in force immediately before the 13
commencement of this clause), taken to have given that consent. 14
(2) Subclause (1) applies regardless of whether the mining lease the 15
subject of the application was granted before the commencement 16
of this clause. 17
(3) Any mining lease granted before the commencement of this 18
clause that would have been validly granted if subclause (1) had 19
been in force when it was granted is validated. To remove doubt, 20
this subclause extends to any mining lease that may otherwise be 21
invalid because of the decision of the New South Wales Court of 22
Appeal in Ulan Coal Mines v Minister for Mineral Resources & 23
Anor [2008] NSWCA 174 or any order resulting from that 24
decision. 25
(4) If, in relation to an application for a mining lease that was lodged, 26
but not determined, before the commencement of this clause: 27
(a) the owner of any improvement situated on the land to 28
which the application relates was notified of the 29
application in accordance with clause 21 (3) and (4) of 30
Schedule 1, and 31
(b) the 28-day period (as referred to in clause 21 (4) (c) of that 32
Schedule) did not end before 8 August 2008, 33
the amendments made by the Mining Amendment (Improvements 34
on Land) Act 2008 are taken to apply to and in respect of the 35
application. 36
(5) In the case of any such pending application as referred to in 37
subclause (4), the 28-day period within which a claim may be 38
made under clause 23A of Schedule 1 is, despite the date on 39
which the notice was served, taken to start on the commencement 40
of this clause. 41
Page 5
Mining Amendment (Improvements on Land) Bill 2008
Schedule 1 Amendments
(6) Except to the extent as otherwise provided by this clause, the 1
amendments made by the Mining Amendment (Improvements on 2
Land) Act 2008 extend to an application for a mining lease that 3
was lodged, but not determined, before the commencement of 4
this clause. 5
[14] Dictionary 6
Insert in alphabetical order: 7
significant improvement means any substantial building, dam, 8
reservoir, contour bank, graded bank, levee, water disposal area, 9
soil conservation work or other valuable work or structure. 10
Page 6
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