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New South Wales
Mining and Petroleum Legislation
Amendment Bill 2000
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Mining Act 1992 No 29 and Petroleum
(Onshore) Act 1991 No 84 2
4 Consequential amendment of Criminal Procedure Act
1986 No 209 2
Schedules
1 Amendments relating to penalties 3
2 Amendments relating to mining and petroleum titles 10
3 Amendments relating to native title 28
4 Further amendment of Petroleum (Onshore) Act 1991 33
5 Consequential amendment of Criminal Procedure Act
1986 38
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Parliaments
Legislative Council
2000
New South Wales
Mining and Petroleum Legislation
Amendment Bill 2000
Act No , 2000
An Act to amend the Mining Act 1992 and the Petroleum (Onshore) Act 1991 with
respect to the penalties for offences, the administration of mining and petroleum
titles and other matters; to amend the Criminal Procedure Act 1986
consequentially; and for other purposes.
Clause 1 Mining and Petroleum Legislation Amendment Bill 2000
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Mining and Petroleum Legislation Amendment Act 3
2000. 4
2 Commencement 5
This Act commences on a day or days to be appointed by 6
proclamation. 7
3 Amendment of Mining Act 1992 No 29 and Petroleum (Onshore) Act 8
1991 No 84 9
(1) The Mining Act 1992 and the Petroleum (Onshore) Act 1991 are 10
amended as set out in Schedules 13. 11
(2) The Petroleum (Onshore) Act 1991 is further amended as set out in 12
Schedule 4. 13
4 Consequential amendment of Criminal Procedure Act 1986 No 209 14
The Criminal Procedure Act 1986 is amended as set out in Schedule 5. 15
Page 2
Mining and Petroleum Legislation Amendment Bill 2000
Amendments relating to penalties Schedule 1
Schedule 1 Amendments relating to penalties 1
(Section 3) 2
1.1 Mining Act 1992 3
[1] Sections 5 and 9 4
Omit "Maximum penalty: 100 penalty units or imprisonment for 6 months, 5
or both." wherever occurring. 6
Insert instead: 7
Maximum penalty for prospecting in contravention of this 8
section: 200 penalty units. 9
Maximum penalty for mining in contravention of this section: 10
(a) 1,000 penalty units or imprisonment for 5 years, or 11
both, in the case of an offence dealt with on indictment, 12
or 13
(b) 200 penalty units or imprisonment for 2 years, or both, 14
in the case of an offence dealt with summarily. 15
[2] Sections 6 (1), 7 (1) and 8 (1) 16
Omit "Maximum penalty: 100 penalty units or imprisonment for 6 months, 17
or both." wherever occurring. 18
Insert instead: 19
Maximum penalty for prospecting in contravention of this 20
subsection: 200 penalty units. 21
Maximum penalty for mining in contravention of this 22
subsection: 23
(a) 1,000 penalty units or imprisonment for 5 years, or 24
both, in the case of an offence dealt with on indictment, 25
or 26
(b) 200 penalty units or imprisonment for 2 years, or both, 27
in the case of an offence dealt with summarily. 28
Page 3
Mining and Petroleum Legislation Amendment Bill 2000
Schedule 1 Amendments relating to penalties
[3] Section 12 Fossicking 1
Omit "20 penalty units or imprisonment for 6 months, or both" from section 2
12 (4). 3
Insert instead "50 penalty units". 4
[4] Section 12E Proceedings for offences under Division 2 5
Omit the section. 6
[5] Sections 75, 289, 290 and 365 7
Omit "50 penalty units" wherever occurring. 8
Insert instead "100 penalty units". 9
[6] Sections 170, 217, 247, 247A, 257, 372 and 373 10
Omit "20 penalty units" wherever occurring. 11
Insert instead "100 penalty units". 12
[7] Section 175A Unlawful entry to site of mineral claim 13
Omit "10 penalty units" from section 175A (1) (a). 14
Insert instead "50 penalty units". 15
[8] Section 175A (1) (b) 16
Omit "20 penalty units". Insert instead "100 penalty units". 17
[9] Section 240 Direction to comply with conditions of authority or mineral 18
claim 19
Omit "20 penalty units" from section 240 (2). 20
Insert instead "200 penalty units". 21
[10] Section 311 Warden may order deposit of mineral etc 22
Omit "Maximum penalty: 20 penalty units.". 23
Insert instead: 24
Maximum penalty: 25
(a) 100 penalty units, in the case of an offence committed 26
by a corporation, or 27
Page 4
Mining and Petroleum Legislation Amendment Bill 2000
Amendments relating to penalties Schedule 1
(b) 50 penalty units, in the case of an offence committed by 1
an individual. 2
[11] Section 315 Contravention of injunction 3
Omit "Maximum penalty: 50 penalty units.". Insert instead: 4
Maximum penalty: 5
(a) 200 penalty units, in the case of an offence committed 6
by a corporation, or 7
(b) 100 penalty units, in the case of an offence committed 8
by an individual. 9
[12] Section 330 Contempt of court and penalties 10
Omit "a penalty not exceeding 5 penalty units" from section 330 (1). 11
Insert instead "a penalty not exceeding the maximum penalty prescribed by 12
subsection (1A)". 13
[13] Section 330 (1A) 14
Insert after section 330 (1): 15
(1A) The maximum monetary penalty that may be imposed under 16
subsection (1) is: 17
(a) 100 penalty units, in the case of a corporation, or 18
(b) 50 penalty units, in the case of an individual. 19
[14] Section 338 Witness neglecting to appear 20
Omit "Maximum penalty: 5 penalty units.". Insert instead: 21
Maximum penalty: 22
(a) 100 penalty units, in the case of an offence committed 23
by a corporation, or 24
(b) 50 penalty units, in the case of an offence committed by 25
an individual. 26
Page 5
Mining and Petroleum Legislation Amendment Bill 2000
Schedule 1 Amendments relating to penalties
[15] Sections 339 and 340 1
Omit "Maximum penalty: 10 penalty units." wherever occurring. 2
Insert instead: 3
Maximum penalty: 4
(a) 100 penalty units, in the case of an offence committed 5
by a corporation, or 6
(b) 50 penalty units, in the case of an offence committed by 7
an individual. 8
[16] Section 374 False or misleading information etc 9
Omit "10 penalty units". Insert instead "100 penalty units". 10
[17] Section 374A Contravention of conditions of mining title 11
Omit "Maximum penalty: 100 penalty units." from section 374A (1). 12
Insert instead: 13
Maximum penalty: 14
(a) if the condition of the lease, licence or claim is 15
identified in the lease, licence or claim as a condition 16
related to environmental management: 17
(i) 1,000 penalty units, in case of an offence dealt 18
with on indictment, or 19
(ii) 200 penalty units, in case of an offence dealt 20
with summarily, or 21
(b) in any other case--200 penalty units. 22
[18] Section 375 23
Omit the section. Insert instead: 24
375 Proceedings for offences 25
(1) Proceedings for an offence against this Act or the regulations 26
are to be dealt with summarily before a Warden's Court or 27
before a Local Court constituted by a Magistrate sitting alone, 28
except as provided by this section. 29
Page 6
Mining and Petroleum Legislation Amendment Bill 2000
Amendments relating to penalties Schedule 1
(2) If an appropriate election is made in accordance with 1
Division 3 of Part 2 of the Criminal Procedure Act 1986, any 2
of the following offences may be dealt with on indictment: 3
(a) an offence of mining in contravention of a provision of 4
Division 1 of Part 2, 5
(b) an offence under Division 2 of Part 2, 6
(c) an offence, under section 374A, of contravening a 7
condition of a lease, licence or mineral claim under this 8
Act that is identified in the lease, licence or claim as a 9
condition related to environmental management. 10
(3) For the purposes of dealing with an offence in accordance with 11
Division 3 of Part 2 of the Criminal Procedure Act 1986, a 12
Warden's Court has the functions of, and is taken to be, a 13
Local Court. 14
[19] Section 375A Penalty notices for offences under section 374A 15
Omit section 375A (7). Insert instead: 16
(7) The amount of penalty prescribed under this section for an 17
offence may not exceed: 18
(a) 100 penalty units, in the case of an offence committed 19
by a corporation, or 20
(b) 50 penalty units, in the case of an offence committed by 21
an individual. 22
[20] Section 388 Regulations 23
Omit section 388 (2). Insert instead: 24
(2) A regulation may create an offence punishable by a penalty not 25
exceeding: 26
(a) 100 penalty units, in the case of an offence committed 27
by a corporation, or 28
(b) 50 penalty units, in the case of an offence committed by 29
an individual. 30
Page 7
Mining and Petroleum Legislation Amendment Bill 2000
Schedule 1 Amendments relating to penalties
1.2 Petroleum (Onshore) Act 1991 1
[1] Section 7 Offence of prospecting or mining without authority 2
Omit "Maximum penalty: 1,000 penalty units." from section 7 (1). 3
Insert instead: 4
Maximum penalty for prospecting in contravention of this 5
section: 200 penalty units. 6
Maximum penalty for mining in contravention of this section: 7
(a) 1,000 penalty units or imprisonment for 5 years, or both, 8
in case of an offence dealt with on indictment, or 9
(b) 200 penalty units or imprisonment for 2 years, or both, 10
in case of an offence dealt with summarily. 11
[2] Section 77 Direction to comply with conditions of petroleum title 12
Omit "20 penalty units". Insert instead "100 penalty units". 13
[3] Sections 127, 133 and 135 14
Omit "100 penalty units" wherever occurring. 15
Insert instead "200 penalty units". 16
[4] Section 136 Other offences 17
Omit "20 penalty units" wherever occurring in section 136 (1)(3). 18
Insert instead "100 penalty units". 19
[5] Section 137 20
Omit the section. Insert instead: 21
137 Proceedings for offences 22
(1) Proceedings for an offence against this Act or the regulations 23
are to be dealt with summarily before a Warden's Court or 24
before a Local Court constituted by a Magistrate sitting alone, 25
except as provided by this section. 26
Page 8
Mining and Petroleum Legislation Amendment Bill 2000
Amendments relating to penalties Schedule 1
(2) If an appropriate election is made in accordance with Division 1
3 of Part 2 of the Criminal Procedure Act 1986, any of the 2
following offences may be dealt with on indictment: 3
(a) an offence of mining in contravention of section 7, 4
(b) an offence, under section 136A, of contravening a 5
condition of a petroleum title that is identified in the 6
title as a condition related to environmental 7
management. 8
(3) For the purposes of dealing with an offence in accordance with 9
Division 3 of Part 2 of the Criminal Procedure Act 1986, a 10
Warden's Court has the functions of, and is taken to be, a 11
Local Court. 12
[6] Section 138 Regulations 13
Omit "20 penalty units" from section 138 (4). 14
Insert instead "100 penalty units". 15
Page 9
Mining and Petroleum Legislation Amendment Bill 2000
Schedule 2 Amendments relating to mining and petroleum titles
Schedule 2 Amendments relating to mining and 1
petroleum titles 2
(Section 3) 3
2.1 Mining Act 1992 4
[1] Section 31 Dwelling-houses, gardens and improvements 5
Insert "the surface of" after "over" in section 31 (1). 6
[2] Section 47 Rights under assessment lease 7
Insert at the end of the section: 8
Note. An assessment lease is designed to allow retention of rights over an area in which 9
a significant mineral deposit has been identified, if mining the deposit is not commercially 10
viable in the short term but there is a reasonable prospect that it will be in the longer term. 11
The holder is allowed to continue prospecting operations and to recover minerals in the 12
course of assessing the viability of commercial mining. 13
[3] Section 49 Dwelling-houses, gardens and improvements 14
Insert "the surface of" after "over" in section 49 (1). 15
[4] Section 62 Dwelling-houses, gardens and improvements 16
Insert "the surface of" after "over" in section 62 (1). 17
[5] Section 111 Directions affecting range of minerals 18
Omit the section. 19
[6] Part 7, Division 3, heading and Part 9, Division 6, heading 20
Insert "or operational suspension" after "Cancellation" and after 21
"cancellation" wherever occurring. 22
Page 10
Mining and Petroleum Legislation Amendment Bill 2000
Amendments relating to mining and petroleum titles Schedule 2
[7] Section 125 Grounds of cancellation or operational suspension 1
Insert at the end of section 125 (1) (e): 2
, or 3
(f) if the holder of the authority fails to use the land 4
comprised in the authority in good faith for the purposes 5
for which the authority has been granted, or uses the 6
land for a purpose other than that for which the 7
authority has been granted. 8
[8] Section 125 (3) 9
Insert after section 125 (2): 10
(3) The Minister may suspend all or any specified operations under 11
an authority until further notice if the holder of the authority 12
contravenes: 13
(a) a requirement under this Act to pay royalty, or to give or 14
maintain security for the performance of the holder's 15
obligations under the authority, or 16
(b) any condition of the authority that is identified in the 17
authority as a condition related to environmental 18
management. 19
[9] Section 126 Cancellations and operational suspensions 20
Omit "(b), (c) or (d)" from section 126 (1). 21
Insert instead "(b), (c), (d) or (f), or suspending operations under an 22
authority". 23
[10] Section 126 (1)(3) 24
Insert "or suspension" after "cancellation" wherever occurring. 25
[11] Section 126 (2) and (3) 26
Insert "or suspension of operations under" after "Cancellation of" wherever 27
occurring. 28
Page 11
Mining and Petroleum Legislation Amendment Bill 2000
Schedule 2 Amendments relating to mining and petroleum titles
[12] Section 126 (4) and (5) 1
Insert after section 126 (3): 2
(4) A suspension of operations under an authority is revoked on 3
the date on which written notice from the Minister is served on 4
the holder of the authority or on such later date as is specified 5
in the notice. 6
(5) While any operations under an authority are suspended, the 7
authority confers no right on its holder to carry out the 8
operations concerned. 9
[13] Section 127 Compensation for cancellation or suspension of operations 10
Insert "or operations under it are suspended" after "cancelled" in section 11
127 (1). 12
[14] Section 128 Appeals against decisions concerning cancellation or 13
suspension of operations 14
Insert ", or suspend operations under," after "cancel" in section 128 (1). 15
[15] Section 128 (1) 16
Omit "the cancellation". Insert instead "its cancellation". 17
[16] Section 128 (1A) 18
Insert "or suspension" after "cancellation". 19
[17] Section 188 Dwelling-houses, gardens and improvements 20
Insert "the surface of" after "over" in section 188 (1). 21
[18] Section 203 Grounds of cancellation or operational suspension 22
Insert at the end of section 203 (1) (g): 23
, or 24
(h) if the holder of the claim fails to use the land comprised 25
in the claim in good faith for the purposes for which the 26
claim has been granted, or uses the land for a purpose 27
other than that for which the claim has been granted. 28
Page 12
Mining and Petroleum Legislation Amendment Bill 2000
Amendments relating to mining and petroleum titles Schedule 2
[19] Section 203 (4) 1
Insert after section 203 (3): 2
(4) A mining registrar may suspend all or any specified operations 3
under a mineral claim until further notice if the holder of the 4
claim contravenes: 5
(a) a requirement under this Act to pay royalty, or to give or 6
maintain security for the performance of the holder's 7
obligations under the claim, or 8
(b) any condition of the claim that is identified in the claim 9
as a condition related to environmental management. 10
[20] Section 204 Cancellations and suspensions 11
Omit "(c), (d) or (e)" from section 204 (1). 12
Insert instead "(c), (d), (e) or (h), or suspending operations under a claim". 13
[21] Section 204 (1)(3) 14
Insert "or suspension" after "cancellation" wherever occurring. 15
[22] Section 204 (2) and (3) 16
Insert "or suspension of operations under" after "Cancellation of" wherever 17
occurring. 18
[23] Section 204 (4) and (5) 19
Insert after section 204 (3): 20
(4) A suspension of operations under a mineral claim is revoked on 21
the date on which written notice from the mining registrar is 22
served on the holder of the claim or on such later date as is 23
specified in the notice. 24
(5) While any operations under a mineral claim are suspended, the 25
claim confers no right on its holder to carry out the operations 26
concerned. 27
Page 13
Mining and Petroleum Legislation Amendment Bill 2000
Schedule 2 Amendments relating to mining and petroleum titles
[24] Section 205 Compensation for cancellation or suspension of operations 1
Insert "or operations under it are suspended" after "cancelled" in section 2
205 (1). 3
[25] Section 206 Review of decisions concerning cancellation or suspension 4
of operations 5
Insert ", or suspend operations under," after "cancel" in section 206 (1). 6
[26] Section 206 (1) 7
Omit "the cancellation". Insert instead "its cancellation". 8
[27] Section 227 Restrictions on grant of licence 9
Insert at the end of section 227: 10
(2) An opal prospecting licence may not be granted over any part 11
of an opal prospecting block in respect of which an application 12
for a mineral claim is pending. 13
[28] Section 228 Power of mining registrar in relation to applications 14
Insert after section 228 (3): 15
(4) Before granting an opal prospecting licence, the mining 16
registrar may require the applicant to give and maintain 17
security, in such amount and form as the mining registrar may 18
(in accordance with the regulations) require, for the fulfilment 19
of the obligations arising under this Act in relation to the 20
licence. 21
(5) A condition requiring security to be given and maintained by 22
the holder of an opal prospecting licence (the new licence) may 23
be expressed so as to require the security given and maintained 24
in relation to some other opal prospecting licence or licences, 25
whether under this section or under section 232A, to be 26
extended to the new licence. 27
(6) If the mining registrar proposes to grant an opal prospecting 28
licence to a person on the condition that the person gives and 29
maintains security, the mining registrar may cause a written 30
Page 14
Mining and Petroleum Legislation Amendment Bill 2000
Amendments relating to mining and petroleum titles Schedule 2
notice to be served on the person requiring the person to lodge 1
the security with the mining registrar on or before the date 2
specified in the notice. 3
[29] Section 232A 4
Insert after section 232: 5
232A Amendment of opal prospecting licence in respect of certain 6
conditions 7
(1) A mining registrar may amend an opal prospecting licence that 8
does not contain a condition requiring the holder to give and 9
maintain security for the fulfilment of the obligations of the 10
holder arising under this Act so as to include such a condition. 11
(2) A mining registrar may amend an opal prospecting licence that 12
contains such a condition so as to vary the amount and form of 13
the security that is required to be given and maintained. 14
(3) A mining registrar may amend any 2 or more opal prospecting 15
licences held by the same holder that contain such a condition 16
so as to require a single security to be given and maintained. 17
(4) The amendment of an opal prospecting licence takes effect on 18
the date on which written notice of the amendment is served on 19
the holder of the licence or on such later date as may be 20
specified in the notice. 21
[30] Section 235B 22
Insert after section 235A: 23
235B Retention and forfeiture of security deposit 24
(1) A security in relation to an opal prospecting licence may be 25
retained by the Director-General until the Director-General is 26
satisfied that the holder of the licence has fulfilled the 27
obligations arising under this Act in relation to the licence, 28
whether the obligations concerned are required to be fulfilled 29
during or after the period for which the licence remains in 30
force. 31
Page 15
Mining and Petroleum Legislation Amendment Bill 2000
Schedule 2 Amendments relating to mining and petroleum titles
(2) Obligations required to be fulfilled after the period for which 1
the opal prospecting licence remains in force do not cease 2
merely because the licence has ceased to be in force, and the 3
relevant security may be retained under subsection (1) even 4
though the licence is no longer in force. 5
(3) Such part of any security in relation to an opal prospecting 6
licence as the Director-General may determine is to be 7
forfeited to the Crown if the holder of the licence fails to fulfil 8
the obligations arising under this Act in relation to the licence. 9
(4) Money realised from the forfeiture of any such security may be 10
applied for the purpose of rehabilitating any land in the State 11
affected by prospecting or mining operations. 12
(5) The functions of the Director-General under this section may 13
be exercised with or without the benefit of a finding by a court 14
or tribunal that the holder of the opal prospecting licence 15
concerned has failed to fulfil any obligations arising under this 16
Act in relation to the licence. 17
[31] Section 240 Direction to comply with conditions 18
Omit "or mineral claim" from section 240 (1). 19
Insert instead ", mineral claim or opal prospecting licence". 20
[32] Section 240 (1) 21
Omit "or claim". Insert instead ", claim or licence". 22
[33] Section 247A Powers of royalty officers 23
Omit section 247A (1) (a). Insert instead: 24
(a) may enter: 25
(i) any premises occupied by the holder of an 26
authority or mineral claim, or 27
(ii) any premises where the royalty officer 28
reasonably believes documents, of the kind 29
referred to in paragraph (b), of or relating to the 30
holder are kept, and 31
Page 16
Mining and Petroleum Legislation Amendment Bill 2000
Amendments relating to mining and petroleum titles Schedule 2
[34] Section 286 Royalty payable on petroleum recovered under mining 1
lease for coal 2
Insert after section 286 (3): 3
(4) This section does not apply to methane recovered in 4
conjunction with coal mining operations. 5
[35] Section 313 Granting of injunctions in cases of urgency 6
Omit "one month" from section 313 (1). Insert instead "2 months". 7
[36] Part 16 The Geological and Mining Museum 8
Omit the Part. 9
[37] Section 390 10
Insert after section 389: 11
390 References to certain officers in mining titles 12
(1) The regulations may provide that a reference in any authority, 13
mineral claim or opal prospecting licence to the holder of a 14
specified office within the Department is, for the purposes of 15
the performance of any specified function in connection with 16
the authority, claim or licence, to be read as a reference to the 17
Minister, and the authority, claim or licence is to be construed 18
accordingly. 19
(2) Nothing in this section affects the Minister's power of 20
delegation under section 363. 21
[38] Schedule 1 Public consultation with respect to the granting of 22
assessment leases and mining leases 23
Insert at the end of clause 20: 24
(2) References in this Division to: 25
(a) land, and 26
(b) a landholder, 27
are references only to land to whose surface the lease is 28
proposed to extend, and the landholder of any such land, 29
respectively. 30
Page 17
Mining and Petroleum Legislation Amendment Bill 2000
Schedule 2 Amendments relating to mining and petroleum titles
[39] Schedule 1, clause 23A (2) 1
Insert ", identifying the nature and location of the work or structure," after 2
"writing". 3
[40] Schedule 1, clause 24 (2) (c) and (4) (c) 4
Omit each paragraph. Insert instead: 5
(c) must state that objections to the granting of the lease 6
may be made in writing to the Minister and must 7
explain (having regard to the provisions of clause 28) 8
what persons are entitled to object, and 9
[41] Schedule 6 Savings, transitional and other provisions 10
Insert at the end of clause 1 (1): 11
Mining and Petroleum Legislation Amendment Act 2000 12
[42] Schedule 6, Part 7 13
Insert after Part 6: 14
Part 7 Provisions consequent on the enactment of 15
the Mining and Petroleum Legislation 16
Amendment Act 2000 17
74 Definition 18
In this Part, amending Act means the Mining and Petroleum 19
Legislation Amendment Act 2000. 20
75 Authorities and claims over land in proximity to improvements 21
(1) Rights exercised under an exploration licence: 22
(a) at a time before the amendment made by the amending 23
Act to section 31 took effect, and 24
Page 18
Mining and Petroleum Legislation Amendment Bill 2000
Amendments relating to mining and petroleum titles Schedule 2
(b) the exercise of which contravened that section, but 1
would not have done if that amendment had been in 2
force at the time, 3
are taken to have been exercised without contravention of that 4
section, as in force at the time. 5
(2) Rights exercised under an assessment lease: 6
(a) at a time before the amendment made by the amending 7
Act to section 49 took effect, and 8
(b) the exercise of which contravened that section, but 9
would not have done if that amendment had been in 10
force at the time, 11
are taken to have been exercised without contravention of that 12
section, as in force at the time. 13
(3) A mining lease: 14
(a) that was granted at a time before the amendment made 15
by the amending Act to section 62 took effect, and 16
(b) the grant of which contravened that section, but would 17
not have done if that amendment had been in force at 18
the time, 19
is taken to have been granted without contravention of that 20
section, as in force at the time. 21
(4) A mineral claim: 22
(a) that was granted at a time before the amendment made 23
by the amending Act to section 188 took effect, and 24
(b) the grant of which contravened that section, but would 25
not have done if that amendment had been in force at 26
the time, 27
is taken to have been granted without contravention of that 28
section, as in force at the time. 29
(5) Subclauses (3) and (4) apply to a renewal of a mining lease or 30
mineral claim in the same way as to its grant. 31
76 Conditions of mining titles 32
The Minister may, by instrument in writing served on the 33
holder of an authority, mineral claim or opal prospecting 34
licence in force at the commencement of this clause, vary the 35
Page 19
Mining and Petroleum Legislation Amendment Bill 2000
Schedule 2 Amendments relating to mining and petroleum titles
conditions of the authority, claim or licence so as to identify 1
those conditions of the authority, claim or licence that are 2
related to environmental management. 3
77 Direction affecting consolidated mining lease 4
The repeal by the amending Act of section 111 does not affect 5
the operation of a condition that, immediately before the repeal 6
of that section, continued to have affect by reason of that 7
section. 8
2.2 Petroleum (Onshore) Act 1991 9
[1] Section 3 Definitions 10
Omit the definition of prospect from section 3 (1). Insert instead: 11
prospect means to carry out works on, or to remove samples 12
from, land for the purpose of testing the quality and quantity of 13
petroleum in the land and the potential to recover petroleum 14
from the land, but does not include any activity declared by the 15
regulations not to constitute prospecting. 16
[2] Section 22 Cancellation or operational suspension of titles 17
Insert after section 22 (3): 18
(3A) The Minister may suspend all or any specified operations under 19
a petroleum title until further notice if the holder of the title 20
contravenes: 21
(a) a requirement under this Act to pay royalty, or to give or 22
maintain security for the performance of the holder's 23
obligations under the title, or 24
(b) any condition of the title that is identified in the title as 25
a condition related to environmental management. 26
Page 20
Mining and Petroleum Legislation Amendment Bill 2000
Amendments relating to mining and petroleum titles Schedule 2
[3] Section 22 (4A) 1
Insert after section 22 (4): 2
(4A) A suspension under this section takes effect on the date on 3
which written notice of the suspension is served on the holder 4
of the title or on such later date as is specified in the notice. 5
[4] Section 22 (5) 6
Insert ", or a suspension of operations under," after "cancellation of". 7
[5] Section 22 (6)(8) 8
Insert after section 22 (5): 9
(6) Before cancelling a title on a ground referred to in subsection 10
(1), or suspending operations under a title, the Minister: 11
(a) must cause written notice of the proposed cancellation 12
or suspension, and of the grounds of the proposed 13
cancellation or suspension, to be served on the holder of 14
the title, and 15
(b) must give the holder of the title a reasonable 16
opportunity to make representations with respect to the 17
proposed cancellation or suspension, and 18
(c) must take any such representations into consideration. 19
(7) A suspension under this section is revoked on the date on 20
which written notice from the Minister is served on the holder 21
of the affected petroleum title or on such later date as is 22
specified in the notice. 23
(8) While any operations under a petroleum title are suspended, the 24
title confers no right on its holder to carry out the operations 25
concerned. 26
Page 21
Mining and Petroleum Legislation Amendment Bill 2000
Schedule 2 Amendments relating to mining and petroleum titles
[6] Section 28A 1
Insert after section 28: 2
28A Right to explore for natural reservoirs 3
(1) In addition to the other rights conferred by the title, every 4
petroleum title confers on its holder the right to carry on such 5
operations as are necessary to explore the land comprised in the 6
title for the existence and availability of natural reservoirs. 7
(2) The right conferred by operation of subsection (1) is subject to 8
any order of the Minister served on the holder of the title. 9
(3) By order under this section, the Minister may prohibit, or direct 10
the holder of the title to desist from, carrying on operations of 11
a kind specified in the order. 12
(4) Contravention of an order under this section is taken to be a 13
breach of the conditions of the title. 14
[7] Section 29 15
Omit the section. Insert instead: 16
29 Rights of holders of exploration licences 17
The holder of an exploration licence has the exclusive right, in 18
accordance with the conditions of the licence, to prospect for 19
petroleum on the land comprised in the licence. 20
[8] Section 30 Area of exploration licence 21
Insert at the end of section 30: 22
(2) The size of the area over which the renewal of an exploration 23
licence is granted must not exceed 75 per cent of the size of: 24
(a) the area over which the licence was originally granted, 25
in the case of a first renewal of the licence, or 26
(b) the area over which its last previous renewal was 27
granted, in any other case, 28
unless the Minister, being satisfied that special circumstances 29
exist, otherwise determines. 30
Page 22
Mining and Petroleum Legislation Amendment Bill 2000
Amendments relating to mining and petroleum titles Schedule 2
[9] Section 31 Term of exploration licence 1
Omit section 31 (2). 2
[10] Section 33 Rights of holders of assessment leases 3
Omit "explore". Insert instead "prospect". 4
[11] Section 33 5
Insert at the end of the section: 6
Note. An assessment lease is designed to allow retention of rights over an area in which 7
a significant petroleum deposit has been identified, if mining the deposit is not 8
commercially viable in the short term but there is a reasonable prospect that it will be in 9
the longer term. The holder is allowed to continue prospecting operations and to recover 10
petroleum in the course of assessing the viability of commercial mining. 11
[12] Section 36 Notice to be given of application for assessment lease 12
Insert "both in a newspaper circulating in the vicinity of the area over which 13
the lease is sought and" after "published". 14
[13] Section 36 (2)(4) 15
Insert at the end of section 36: 16
(2) Within 21 days after receipt from an applicant, or a person 17
intending to apply, for an assessment lease of a written request: 18
(a) that is expressed to be made for the purposes of this 19
section, and 20
(b) that is accompanied by particulars of the kind referred 21
to in subsection (1) (b) in relation to the proposed lease, 22
the council for a local government area that includes the area 23
over which the lease is sought may furnish the holder of the 24
lease with the names and addresses of landholders whose lands 25
lie wholly or partly within that area. 26
(3) An assessment lease is not to be granted unless the Minister is 27
satisfied that notice has been published as required by 28
subsection (1) and that: 29
(a) a copy of that notice, accompanied by the particulars 30
mentioned in subsection (4), has been served on all 31
landholders whose names and addresses have been 32
Page 23
Mining and Petroleum Legislation Amendment Bill 2000
Schedule 2 Amendments relating to mining and petroleum titles
furnished, in connection with the proposed lease, under 1
subsection (2), or 2
(b) 21 days have elapsed since a request under subsection 3
(2) was made and the council concerned has not 4
complied with the request. 5
(4) The particulars referred to in subsection (3) (a) are the 6
following: 7
(a) the duration of the term of the proposed lease, and 8
(b) contact details of the applicant or intended applicant, 9
and 10
(c) any other particulars prescribed by the regulations. 11
[14] Section 72 12
Omit the section. Insert instead: 13
72 Restrictions on rights of holders of titles over other land 14
(1) The holder of a petroleum title must not carry on any 15
prospecting or mining operations or erect any works on the 16
surface of any land: 17
(a) on which, or within 200 metres of which, is situated a 18
dwelling-house that is a principal place of residence of 19
the person occupying it, or 20
(b) on which, or within 50 metres of which, is situated any 21
garden, vineyard or orchard, or 22
(c) on which is situated any improvement (being a 23
substantial building, dam, reservoir, contour bank, 24
graded bank, levee, water disposal area, soil 25
conservation work, or other valuable work or structure) 26
other than an improvement constructed or used for 27
mining or prospecting operations, 28
except with the written consent of the owner of the dwelling- 29
house, garden, vineyard, orchard or improvement (and, in the 30
case of the dwelling-house, the written consent of its occupant). 31
(2) A consent under this section is irrevocable. 32
Page 24
Mining and Petroleum Legislation Amendment Bill 2000
Amendments relating to mining and petroleum titles Schedule 2
(3) If need be, the Minister is to determine whether any 1
improvement referred to in subsection (1) (c) is substantial or 2
valuable, and may define an area adjoining any such 3
improvement on the surface of which no prospecting or mining 4
operations are to be carried out, or works erected, without the 5
consent of the owner of the improvement. 6
[15] Section 85 Royalty 7
Insert after section 85 (3): 8
(4) This section does not apply to methane recovered in 9
conjunction with coal mining operations. 10
[16] Section 113 Officers 11
Insert after section 113 (1): 12
(1A) Other inspectors, having such powers, authorities, duties and 13
functions as may be conferred or imposed on them by or under 14
this or any other Act, may be employed under Part 2 of the 15
Public Sector Management Act 1988 or engaged under 16
contract. 17
[17] Section 136A 18
Insert after section 136: 19
136A Contravention of conditions of title 20
(1) The holder of any petroleum title must not, without reasonable 21
excuse, contravene or fail to comply with any conditions of the 22
title. 23
Maximum penalty: 24
(a) if the condition of the title is identified in the title as a 25
condition related to environmental management: 26
(i) 1,000 penalty units, in the case of an offence 27
dealt with on indictment, or 28
(ii) 200 penalty units, in the case of an offence dealt 29
with summarily, or 30
(b) in any other case--200 penalty units. 31
Page 25
Mining and Petroleum Legislation Amendment Bill 2000
Schedule 2 Amendments relating to mining and petroleum titles
(2) If the conditions of a petroleum title held by more than one 1
person are contravened, each holder who knowingly authorised 2
or permitted the contravention is guilty of an offence under this 3
section. 4
[18] Section 137A 5
Insert after section 137: 6
137A Penalty notices for offences under section 136A 7
(1) The Minister may serve a penalty notice on the holder of a 8
petroleum title if it appears to the Minister that the person has 9
committed an offence under section 136A. 10
(2) A penalty notice is a notice to the effect that, if the person 11
served does not wish to have the matter determined by a court, 12
the person may pay, within the time and to the person specified 13
in the notice, the penalty prescribed by the regulations for the 14
offence if dealt with under this section. 15
(3) A penalty notice may be served personally or by post. 16
(4) If the amount of the penalty prescribed for an alleged offence 17
is paid under this section, no person is liable to any further 18
proceedings for the alleged offence. 19
(5) Payment under this section is not an admission of liability for 20
the purposes of, and does not affect or prejudice, any civil 21
claim, action or proceeding arising out of the same occurrence. 22
(6) The regulations may: 23
(a) prescribe the amount of penalty for an offence under 24
section 136A if dealt with under this section, and 25
(b) prescribe different amounts of penalty for different 26
offences or classes of offences under that section. 27
(7) The amount of penalty prescribed under this section for an 28
offence may not exceed 100 penalty units. 29
(8) This section does not limit the operation of any provision made 30
by or under this or any other Act relating to proceedings that 31
may be taken in respect of offences. 32
Page 26
Mining and Petroleum Legislation Amendment Bill 2000
Amendments relating to mining and petroleum titles Schedule 2
[19] Section 138B 1
Insert after section 138A: 2
138B References to certain officers in petroleum titles 3
(1) The regulations may provide that a reference in any petroleum 4
title to the holder of a specified office within the Department is, 5
for the purposes of the performance of any specified function 6
in connection with the title, to be read as a reference to the 7
Minister, and the petroleum title is to be construed accordingly. 8
(2) Nothing in this section affects the Minister's power of 9
delegation under section 126. 10
[20] Schedule 1 Savings and transitional provisions 11
Insert at the end of clause 2 (1) (b): 12
Mining and Petroleum Legislation Amendment Act 2000 13
[21] Schedule 1, Part 5 14
Insert after Part 4: 15
Part 5 Provisions consequent on enactment of 16
Mining and Petroleum Legislation 17
Amendment Act 2000 18
21 Conditions of petroleum titles 19
The Minister may, by instrument in writing served on the 20
holder of a petroleum title in force at the commencement of 21
this clause, vary the conditions of the title so as to identify 22
those conditions of the title that are related to environmental 23
management. 24
Page 27
Mining and Petroleum Legislation Amendment Bill 2000
Schedule 3 Amendments relating to native title
Schedule 3 Amendments relating to native title 1
(Section 3) 2
3.1 Mining Act 1992 3
[1] Section 12 Fossicking 4
Insert after section 12 (5): 5
(6) A person must not carry out fossicking on any land that is, or 6
in waters that are, the subject of an approved determination of 7
native title under the Commonwealth Native Title Act to the 8
effect that native title exists, except with the consent of the 9
relevant registered native title body corporate with respect to 10
that native title. 11
Maximum penalty: 50 penalty units. 12
[2] Section 139 Arbitration Panel 13
Omit "the Minister for Agriculture and Rural Affairs" from section 139 (2). 14
Insert instead "the Minister for Aboriginal Affairs and the Minister for 15
Agriculture". 16
[3] Section 144 Appointment of arbitrator in default of agreement 17
Omit "the Director-General of the Department of Agriculture" from section 18
144 (3). 19
Insert instead "the Heads of the Departments of Aboriginal Affairs and 20
Agriculture". 21
[4] Section 383A Service of documents on native title holders 22
Omit "effected" from section 383A (2) (a). Insert instead "served". 23
Page 28
Mining and Petroleum Legislation Amendment Bill 2000
Amendments relating to native title Schedule 3
[5] Section 383B Consent of landholders and others 1
Omit section 383B (3) and (4). Insert instead: 2
(3) For the purposes of subsection (2), a landholder who is a native 3
title holder is taken to have been unable, after diligent inquiry, 4
to be identified if: 5
(a) where the purpose for which the landholder's consent or 6
agreement is required to be obtained is an act to which 7
Subdivision P of Division 3 of Part 2 of the 8
Commonwealth Native Title Act applies: 9
(i) notice of an intention to carry out that purpose is 10
given by the Government party under section 29 11
of that Act, and 12
(ii) at the expiration of the prescribed period, the 13
landholder is neither a registered native title 14
claimant nor a registered native title body 15
corporate in relation to the land concerned, or 16
(b) where the purpose for which the landholder's consent or 17
agreement is required to be obtained is not such an act: 18
(i) notice of an intention to carry out that purpose is 19
served in the manner authorised by section 383 20
(1) and (4), on any representative Aboriginal/ 21
Torres Strait Islander bodies for an area that 22
includes the land concerned, and 23
(ii) at the expiration of the prescribed period, the 24
landholder is neither a registered native title 25
claimant nor a registered native title body 26
corporate in relation to the land concerned. 27
(4) In this section: 28
Government party has the same meaning as it has in the 29
Commonwealth Native Title Act. 30
prescribed period means: 31
(a) in relation to a notice referred to in subsection (3) 32
(a)--the period of 4 months referred to in section 30 of 33
the Commonwealth Native Title Act, or 34
(b) in relation to a notice referred to in subsection (3) 35
(b)--the period of 4 months commencing on service of 36
the notice. 37
Page 29
Mining and Petroleum Legislation Amendment Bill 2000
Schedule 3 Amendments relating to native title
3.2 Petroleum (Onshore) Act 1991 1
[1] Section 69A Application of Part 2
Insert after section 69A (2) (and before the note at the end of the section): 3
(3) This Part applies, in the case of a prospecting title that is a 4
low-impact exploration licence or a low-impact special 5
prospecting authority, as though a reference in this Part to a 6
landholder included a reference to: 7
(a) any registered native title body corporate, and 8
(b) any registered native title claimant, 9
in relation to the land over which the licence is granted. 10
[2] Section 69G Appointment of arbitrator in default of agreement 11
Omit "the Director-General of the Department of Agriculture" from section 12
69G (3). 13
Insert instead "the Heads of the Departments of Aboriginal Affairs and 14
Agriculture". 15
[3] Section 134A Service of documents on native title holders 16
Omit section 134A (2). Insert instead: 17
(2) If no approved determination of native title (within the 18
meaning of the Commonwealth Native Title Act) exists in 19
relation to the land concerned, a document authorised or 20
required under this Act to be served on a landholder cannot, for 21
the purposes of serving it on a landholder who is a native title 22
holder who cannot be identified, be served in the manner 23
prescribed by section 134 (2). 24
(3) Such a document may, however, be served on a landholder 25
referred to in subsection (2) by serving it, in a manner 26
authorised by section 134 (1) and (3)(5), on: 27
(a) any representative Aboriginal/Torres Strait Islander 28
bodies for an area that includes the land concerned, and 29
(b) any registered native title claimants in relation to the 30
land concerned. 31
Page 30
Mining and Petroleum Legislation Amendment Bill 2000
Amendments relating to native title Schedule 3
(4) In this section, registered native title body corporate and 1
registered native title claimant have the same meanings as in 2
the Commonwealth Native Title Act. 3
[4] Section 134B Consents of landholders 4
Omit section 134B (3) and (4). Insert instead: 5
(3) For the purposes of subsection (2), a landholder who is a native 6
title holder is taken to have been unable, after diligent inquiry, 7
to be identified if: 8
(a) where the purpose for which the landholder's consent or 9
agreement is required to be obtained is an act to which 10
Subdivision P of Division 3 of Part 2 of the 11
Commonwealth Native Title Act applies: 12
(i) notice of an intention to carry out that purpose is 13
given by the Government party under section 29 14
of that Act, and 15
(ii) at the expiration of the prescribed period, the 16
landholder is neither a registered native title 17
claimant nor a registered native title body 18
corporate in relation to the land concerned, or 19
(b) where the purpose for which the landholder's consent or 20
agreement is required to be obtained is not such an act: 21
(i) notice of an intention to carry out that purpose is 22
served, in a manner authorised by section 134 23
(1) and (3)(5), on any representative 24
Aboriginal/Torres Strait Islander bodies for an 25
area that includes the land concerned, and 26
(ii) at the expiration of the prescribed period, the 27
landholder is neither a registered native title 28
claimant nor a registered native title body 29
corporate in relation to the land concerned. 30
(4) In this section: 31
Government party, registered native title body corporate and 32
registered native title claimant have the same meaning as in 33
the Commonwealth Native Title Act. 34
Page 31
Mining and Petroleum Legislation Amendment Bill 2000
Schedule 3 Amendments relating to native title
prescribed period means: 1
(a) in relation to a notice referred to in subsection (3) 2
(a)--the period of 4 months referred to in section 30 of 3
the Commonwealth Native Title Act, or 4
(b) in relation to a notice referred to in subsection (3) 5
(b)--the period of 4 months commencing on service of 6
the notice. 7
Page 32
Mining and Petroleum Legislation Amendment Bill 2000
Further amendment of Petroleum (Onshore) Act 1991 Schedule 4
Schedule 4 Further amendment of Petroleum 1
(Onshore) Act 1991 2
(Section 3) 3
[1] Section 3 Definitions 4
Omit the definitions of Crown land, lease for pastoral purposes, owner and 5
private land from section 3 (1). 6
[2] Section 3 (1) 7
Insert in alphabetical order: 8
landholder means, in relation to any land: 9
(a) the owner of an estate in fee simple in the land, or 10
(b) a native title holder of the land, or 11
(c) the holder of a lease or licence granted under the Crown 12
Lands Act 1989 over the land, or 13
(d) the holder of a tenure referred to in Part 1 or 2 of 14
Schedule 1 to the Crown Lands (Continued Tenures) 15
Act 1989 in the land, or 16
(e) the holder of a permissive occupancy granted over the 17
land, or 18
(f) the holder of a lease granted under the Western Lands 19
Act 1901 over the land, or 20
(g) a person identified in any register or record kept by the 21
Registrar-General as a person having an interest in the 22
land, or 23
(h) a person of a class prescribed by or determined in 24
accordance with the regulations to be landholders for 25
the purposes of this definition, 26
but does not include a person of a class prescribed as outside 27
the scope of this definition. 28
Page 33
Mining and Petroleum Legislation Amendment Bill 2000
Schedule 4 Further amendment of Petroleum (Onshore) Act 1991
[3] Section 9 Grant of petroleum titles 1
Omit section 9 (3). Insert instead: 2
(3) A petroleum title may be granted over land of any title or 3
tenure. 4
[4] Section 45F Access arrangement required for prospecting operations 5
under low-impact prospecting titles 6
Omit "owners or occupiers" from section 45F (4). 7
Insert instead "landholders". 8
[5] Section 69A Application of Part 9
Omit "on private land or on land held under a lease for pastoral purposes" 10
from section 69A (1). 11
[6] Sections 69A (2) and 134 (2) 12
Omit "an owner or occupier of land" wherever occurring. 13
Insert instead "a landholder". 14
[7] Section 69A (2) 15
Omit "such an owner or occupier". Insert instead "such a landholder". 16
[8] Sections 69C (a), 69F (1) and (2), 69G (1), 69H (2), 69I (1), 69M (3) and 17
71 (1) 18
Omit "owner and occupier of the land" wherever occurring. 19
Insert instead "landholder". 20
[9] Section 69D Matters for which access arrangement to provide 21
Omit "owner or occupier of the land" wherever occurring in section 69D (1) 22
(f) and (4). 23
Insert instead "landholder". 24
[10] Sections 69D (2) and (4) (b) and 101 (1) (b) 25
Omit "owner or occupier" wherever occurring. 26
Insert instead "landholder". 27
Page 34
Mining and Petroleum Legislation Amendment Bill 2000
Further amendment of Petroleum (Onshore) Act 1991 Schedule 4
[11] Sections 69E (1) and (3) and 134B (1) (b) 1
Omit "owner and occupier" wherever occurring. 2
Insert instead "landholder". 3
[12] Section 69F Appointment of arbitrator by agreement 4
Insert "title" before "holder's" in section 69F (1). 5
[13] Sections 69F (1) and 69G (1) 6
Insert "title" before "holder and" wherever occurring. 7
[14] Section 69F (1) 8
Insert "title" before "holder may". 9
[15] Section 69F (1) 10
Omit "each such owner and occupier". 11
Insert instead "each such landholder". 12
[16] Sections 69H (1) (b) and 69M (2) (b) 13
Omit "each owner and occupier of that land" wherever occurring. 14
Insert instead "each landholder". 15
[17] Section 69U Duration of access arrangements 16
Omit "an owner or occupier of the land" where firstly occurring in section 17
69U (a). 18
Insert instead "a landholder". 19
[18] Section 69U (a) 20
Omit "an owner or occupier of the land" where secondly occurring. 21
Insert instead "a landholder of the land concerned". 22
[19] Section 69U (b) 23
Omit "an owner or occupier of the land". Insert instead "a landholder". 24
Page 35
Mining and Petroleum Legislation Amendment Bill 2000
Schedule 4 Further amendment of Petroleum (Onshore) Act 1991
[20] Section 101 Notice to landholder 1
Omit "owner and occupier of the land" from section 101 (1) (a). 2
Insert instead "landholder". 3
[21] Section 106 Rights of way over land 4
Omit "Crown land or private" from section 106 (1). 5
[22] Section 109 Measure of compensation 6
Omit "owner or occupier of that land" from section 109 (1) (c). 7
Insert instead "landholder". 8
[23] Section 115 Jurisdiction of court 9
Omit "owners or occupiers of private lands or occupiers of Crown lands" 10
from section 115 (1) (n) (ii). 11
Insert instead "landholders". 12
[24] Section 134A Service of documents on native title holders 13
Omit "an owner of land" from section 134A (1). 14
Insert instead "a landholder". 15
[25] Section 134B Consents of landholders 16
Omit "the owner and occupier of the land concerned" from section 134B (1) 17
(a). 18
Insert instead "a landholder or other person". 19
[26] Section 134B (2) 20
Omit "an owner or occupier of land". 21
Insert instead "a landholder or other person". 22
[27] Section 134B (2) (a) 23
Omit "owner or occupier of the land concerned" from section 134B (2) (a). 24
Insert instead "landholder or other person". 25
Page 36
Mining and Petroleum Legislation Amendment Bill 2000
Further amendment of Petroleum (Onshore) Act 1991 Schedule 4
[28] Section 134B (2) (b) 1
Omit "owners and occupiers". Insert instead "landholders". 2
[29] Section 134B (2) (b) 3
Omit "an owner or occupier of the land". Insert instead "a landholder". 4
[30] Section 136 Other offences 5
Omit "Any owner or occupier of private land or any occupier of Crown land 6
or" from section 136 (3). 7
Insert instead "A landholder of any land or". 8
Page 37
Mining and Petroleum Legislation Amendment Bill 2000
Schedule 5 Consequential amendment of Criminal Procedure Act 1986
Schedule 5 Consequential amendment of Criminal 1
Procedure Act 1986 2
(Section 4) 3
[1] Schedule 1, Table 1, Part 7 4
Insert after Part 6: 5
Part 7 Offences relating to mining 6
31 Mining Act 1992 7
(1) An offence of mining in contravention of a provision of 8
Division 1 of Part 2 of the Mining Act 1992, where the value 9
of the minerals to which the alleged offence relates is $5,000 or 10
more. 11
(2) An offence under Division 2 of Part 2 of the Mining Act 1992, 12
where the value of the minerals to which the alleged offence 13
relates is $5,000 or more. 14
[2] Schedule 1, Table 2 15
Insert after Part 8: 16
Part 9 Offences relating to mining 17
17 Mining Act 1992 18
(1) An offence of mining in contravention of a provision of 19
Division 1 of Part 2 of the Mining Act 1992, where the value 20
of the minerals to which the alleged offence relates is less than 21
$5,000. 22
(2) An offence under Division 2 of Part 2 of the Mining Act 1992, 23
where the value of the minerals to which the alleged offence 24
relates is less than $5,000. 25
Page 38
Mining and Petroleum Legislation Amendment Bill 2000
Consequential amendment of Criminal Procedure Act 1986 Schedule 5
(3) An offence, under section 374A of the Mining Act 1992, of 1
contravening a condition of a lease, licence or mineral claim 2
under that Act that is identified in the lease, licence or claim as 3
a condition related to environmental management. 4
18 Petroleum (Onshore) Act 1991 5
(1) An offence of mining petroleum in contravention of section 7 6
of the Petroleum (Onshore) Act 1991, where the value of the 7
petroleum to which the alleged offence relates is less than 8
$5,000. 9
(2) An offence, under section 136A of the Petroleum (Onshore) 10
Act 1991, of contravening a condition of a petroleum title that 11
is identified in the title as a condition related to environmental 12
management. 13
Page 39
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