New South Wales Consolidated Acts

MINING ACT 1992

- As at 30 January 2012
- Act 29 of 1992

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Act binds Crown
   3A.     Objects
   4.      Definitions
   4A.     Application of Act
   4B.     Notes

   PART 2 - PROSPECTING AND MINING GENERALLY

           Division 1 - General

   5.      Mining or prospecting without authorisation
   6.      Unauthorised carrying out of mining purposes
           7-9. (Repealed)
   10.     Defences to prosecutions under Part 2
   11.     Property in minerals lawfully mined
   11A.    Certain activities taken not to be prospecting or mining
   12.     Fossicking

           Division 2 - Offences concerning theft of minerals

   12A.    Definitions
   12B.    Stealing minerals
   12C.    Fraudulent removal and concealment of minerals by employees
   12D.    Fraudulent removal and concealment of minerals by partners
   12E.    (Repealed)

   PART 3 - EXPLORATION LICENCES

           Division 1 - Applications and tenders

   13.     Application for exploration licence
   13A.    Notice of application for exploration licence
   13B.    Limit on subsequent applications for exploration licences
   14.     Invitations for tenders
   15.     Tenders
   16.     Decision-maker may require further information
   17.     Exclusion of land from application or tender

           Division 2 - Restrictions on the grant of exploration licences

   18.     Land in reserve or opal prospecting area
   19.     Land subject to authority
   20.     (Repealed)
   21.     Colliery holdings

           Division 3 - Granting of exploration licences

   22.     Power of decision-maker in relation to applications
   23.     Power of decision-maker in relation to tenders
   24.     Land and minerals for which exploration licence may be granted
   25.     Shape and dimensions of land over which exploration licence may be granted
   26.     Conditions of exploration licence
   27.     Term of exploration licence
   28.     Form of exploration licence

           Division 4 - Rights and duties under an exploration licence

   29.     Rights under exploration licence
   29A.    Amendment of exploration licence in respect of certain conditions
   30.     Exempted areas
   31.     Dwelling-houses, gardens and significant improvements
   32.     Exploration areas over which authority is subsequently granted

           Division 5 - Low-impact exploration licences-special provisions

   32A.    Object of Division
   32B.    Special low-impact class of licence
   32C.    Authority conferred by low-impact licence
   32D.    Provisions relating to applications for low-impact licence
   32E.    Change of class of licence-additional prospecting operations
   32EA.   Review of determination under section 32E
   32F.    Access arrangement required for prospecting operations under low-impact licences
   32G.    Renewal of low-impact licences

   PART 4 - ASSESSMENT LEASES

           Division 1 - Applications

   33.     Application for assessment lease
   33A.    Notice of application for assessment lease
   33B.    Limit on subsequent applications
   34.     Decision-maker may require further information
   35.     Exclusion of land from assessment lease application

           Division 2 - Restrictions on the grant of assessment leases

   36.     Land in reserve or opal prospecting area
   37.     Land subject to authority
   38.     Land subject to exploration licence
   39.     (Repealed)
   40.     Colliery holdings

           Division 3 - Granting of assessment leases

   41.     Power of decision-maker in relation to applications
   42.     Land and minerals for which assessment lease may be granted
   43.     Shape and dimensions of land over which assessment lease may be granted
   44.     Conditions of assessment lease
   45.     Term of assessment lease
   46.     Form of assessment lease

           Division 4 - Rights and duties under an assessment lease

   47.     Rights under assessment lease
   47A.    Amendment of assessment lease in respect of certain conditions
   48.     Exempted areas
   49.     Dwelling-houses, gardens and significant improvements
   50.     Assessment areas over which authority is subsequently granted

   PART 5 - MINING LEASES

           Division 1 - Applications and tenders

   51.     Application for mining lease
   51A.    Notice of application for mining lease
   51B.    Limitation on subsequent applications
   52.     Invitations for tenders
   53.     Tenders
   54.     Decision-maker may require further information
   55.     Exclusion of land from application or tender
   56.     (Repealed)

           Division 2 - Restrictions on the grant of mining leases

   57.     Land in reserve
   58.     Land subject to authority
   59.     Land subject to exploration licence
   60.     (Repealed)
   61.     Colliery holdings
   62.     Dwelling-houses, gardens and significant improvements

           Division 3 - Granting of mining leases

   63.     Power of decision-maker in relation to applications
   64.     Power of decision-maker in relation to tenders
   65.     Development consents under the Environmental Planning and Assessment Act 1979
   66.     Survey of land to be carried out
   67.     Recovery of public money expended on testing for minerals or research
   68.     Land and minerals for which mining lease may be granted
   69.     Shape and dimensions of land over which mining lease may be granted
   70.     Conditions of mining lease
   71.     Term of mining lease
   72.     Form of mining lease

           Division 4 - Rights and duties under a mining lease

   73.     Rights under mining lease
   74.     (Repealed)
   75.     Mining purposes
   76.     Fencing of land subject to mining lease
   77.     Addition of mineral to mineral mining lease
   78.     Inclusion of petroleum in mining lease
   79.     Amendment of mining lease in respect of expenditure and labour conditions
   80.     Prevention of damage to prescribed dams
   81.     Surface activities in relation to subsurface leases
   82.     Certain resumptions, conveyances and transfers not to affect mining lease
   83.     Mining areas over which an authority is subsequently granted

           Division 5 - Subleasing of mining leases

   83A.    Mining subleases

   PART 6 - CONSOLIDATION OF MINING LEASES

           Division 1 - Preliminary

   84.     Definitions
   85.     Existing leases that may be consolidated

           Division 2 - Preparation and amendment of consolidated mining leases

   86.     Preparation of proposed lease
   87.     Amendment of proposed lease

           Division 3 - Notification of Government agencies

   88.     Notification of Director of Planning
   89.     Notification of Dams Safety Committee
   90.     Subsequent amendment of proposed lease
   91.     Objections to granting of proposed mining lease
   92.     Resolution of objections
   93.     Granting of proposed lease if objection or proposal made

           Division 4 - Notification of holder of existing leases

   94.     Notification of holder of existing leases
   95.     Subsequent amendment of proposed lease
   96.     Objections to granting of proposed lease
   97.     Consideration of objections

           Division 5 - Granting of consolidated mining leases

   98.     Minister may grant consolidated mining lease
   99.     Land over which consolidated mining lease may be granted
   100.    Conditions of consolidated mining lease
   101.    Term of consolidated mining lease
   102.    Form of consolidated mining lease
   103.    Validity of consolidated mining lease not affected by certain defects
   104.    Application of this Act and other Acts to grant of consolidated mining leases

           Division 6 - (Repealed)
           None

           Division 7 - Preservation of certain rights, liabilities etc on consolidation

   108.    Liability generally preserved
   109.    Saving of interest in existing leases
   110.    Councils and development consents
   111.    (Repealed)
   112.    Rights of way

   PART 7 - RENEWAL, TRANSFER AND CANCELLATION OF AUTHORITIES

           Division 1 - Renewal of authorities

   113.    Applications for renewal
   114.    Power of decision-maker in relation to renewal applications
   115.    Notice of renewal to be served on holder of authority
   116.    Application by some only of holders of authority
   117.    Authority to have effect until application dealt with
   118.    Date from which renewal of authority has effect
   119.    Partial renewals

           Division 2 - Transfer of authorities

   120.    Application for approval of transfer
   121.    Power of decision-maker in relation to transfer approval applications
   122.    Registration of transfers
   123.    (Repealed)
   124.    Caveats

           Division 3 - Cancellation of authorities

   125.    Grounds of cancellation of authority
   126.    Cancellations of authorities
   127.    Compensation for cancellation
   128.    Appeals against decisions concerning cancellations

   PART 8 - AUTHORITIES GENERALLY

           Division 1 - General procedures

   129.    Holder of authority must be at least 18
   130.    Withdrawal of application
   131.    Pending applications
   132.    Disputes as to priority of applications
   133.    Nomination of authority holder by applicant or tenderer
   134.    Death etc of applicant
   135.    Waiver of minor procedural matters
   136.    Gazettal of certain matters
   137.    Limitation of challenges to decisions with respect to authorities

           Division 2 - Access arrangements for prospecting titles

   138.    Application of Division
   139.    Arbitration Panel
   140.    Prospecting to be carried out in accordance with access arrangement
   141.    Matters for which access arrangement to provide
   142.    Holder of prospecting title to seek access arrangement
   142A.   Notice to mortgagees of making of access arrangements
   143.    Appointment of arbitrator by agreement
   144.    Appointment of arbitrator in default of agreement
   145.    Arbitration
   146.    Right of appearance
   147.    Conciliation
   148.    Procedure
   149.    Interim determination by arbitrator
   150.    Further arbitration
   151.    Final determination by arbitrator
   152.    Costs
   153.    Withdrawal from arbitration
   154.    Liability
   155.    Review of determination
   156.    Effect of access arrangement etc
   157.    Variation of access arrangements
   158.    Change in landholders etc

           Division 3 - Records, registration and reports

   159.    Records
   160.    Interest in authority to be created by instrument in writing
   161.    Registration of certain interests
   162.    Devolution of rights of holder of authority
   163.    Colliery holdings
   163A.   Registration of mining subleases
   163B.   Deregistration of mining subleases
   163C.   Reports

           Division 4 - Miscellaneous

   164.    Rights of way
   165.    Right of access to water
   166.    Use of water, timber and pasturage etc
   167.    Joint holders of authorities
   168.    Suspension of conditions
   168A.   Addition or variation of conditions in certain circumstances
   169.    (Repealed)
   170.    Settlement of certain disputes
   171.    Certain claims for damages prohibited
   172.    (Repealed)
   172A.   Effect of change of inner limit of coastal waters

   PART 9 - MINERAL CLAIMS

           Division 1 - Mineral claims districts

   173.    Constitution of mineral claims districts
   173A.   Ancillary orders
   174.    Notice of proposal to constitute mineral claims district
   175.    Special conditions
   175A.   Unlawful entry to site of mineral claim
   175B.   Court may make exclusion order against convicted persons
   175C.   Appeals against, and suspensions and annulments of, exclusion orders
   175D.   Offence of contravening exclusion order

           Division 2 - Applications

   176.    Marking out of proposed claim area
   177.    Notice of intention to apply for mineral claim
   178.    Application for granting of mineral claim
   179.    Objection as to agricultural land

           Division 3 - Restrictions on the grant of mineral claims

   180.    General restrictions
   181.    Exempted areas
   182.    Opal prospecting blocks, reserves and mineral allocation areas
   183.    Land subject to authority
   184.    Land subject to exploration licence
   185.    (Repealed)
   186.    Colliery holdings
   187.    Agricultural land
   188.    Dwelling-houses, gardens and significant improvements
   189.    Mineral claim not to be re-granted to former holder

           Division 4 - Granting of mineral claims

   190.    Power of Director-General in relation to applications
   191.    Land over which mineral claim may be granted
   192.    Conditions of mineral claim
   193.    Term of mineral claim
   194.    Certificate of mineral claim

           Division 5 - Rights and duties under a mineral claim

   195.    Rights under mineral claim
   195A.   (Repealed)
   196.    Claim areas over which authority is subsequently granted

           Division 6 - Renewal, transfer and cancellation of mineral claims

   197.    Application for renewal of mineral claim
   198.    Determination of application for renewal of mineral claim
   199.    Partial renewal
   199A.   Term of renewal
   200.    Application for transfer of mineral claim
   201.    Determination of application for transfer of mineral claim
   202.    Devolution of rights of holder of mineral claim
   203.    Grounds of cancellation or operational suspension
   204.    Cancellations of mineral claims
   205.    Compensation for cancellation of mineral claims
   206.    Review of decisions concerning cancellation of mineral claims

           Division 7 - Miscellaneous

   207.    Holder of mineral claim must be at least 18
   208.    Withdrawal of application
   209.    Pending applications
   210.    Death etc of applicant for granting of mineral claim
   210A.   Waiver of minor procedural matters
   210B.   Limitation of challenges to decisions relating to mineral claims
   211.    Rights of way
   212.    Right of access to water
   213.    Use of water, timber and pasturage etc
   214.    Joint holders of mineral claims
   215.    Suspension of conditions
   216.    (Repealed)
   217.    Settlement of certain disputes
   218.    Certain claims for damages prohibited
   218A.   Records
   218B.   Registration of certain interests in mineral claims
   219.    (Repealed)
   219A.   Mineral claims district management fund

   PART 10 - OPAL PROSPECTING LICENCES

           Division 1 - Opal prospecting areas

   220.    Opal prospecting areas
   221.    Notification of landholders
   222.    Objections
   223.    Certain land not to be included in opal prospecting area
   223A.   Special conditions
   224.    Opal prospecting blocks
   225.    Map of opal prospecting area to be prepared

           Division 2 - Opal prospecting licences

   226.    Applications for opal prospecting licences
   227.    Restrictions on grant of licence
   228.    Power of Director-General in relation to applications
   229.    Conditions of licence
   230.    Term of licence
   231.    Form of licence
   232.    Rights under licence
   232A.   (Repealed)
   233.    Grounds of cancellation of opal prospecting licence
   234.    Cancellations
   234A.   Limitation of challenges to decisions relating to opal prospecting licences

           Division 3 - Miscellaneous

   235.    Certain claims for damages prohibited
   235A.   Records
   235B.   (Repealed)
   235C.   Rights of way
   235D.   Opal prospecting area management fund
   235E.   Pending applications
   235F.   Registration of certain interests in opal prospecting licences
   236.    (Repealed)

   PART 10A - ACCESS MANAGEMENT PLANS FOR SMALL-SCALE TITLES

   236A.   Application of Part
   236B.   Declared areas
   236C.   Alternative procedures for making access management plan
   236D.   Matters for which access management plan to provide
   236E.   Miners’ representative to seek access management plan
   236F.   Determination of access management plan by Director-General
   236G.   Determination of access management plan by Land and Environment Court
   236H.   Review of Director-General’s determination
   236I.   Registration of access management plans
   236J.   Public notice of access management plans
   236K.   Commencement and operation of access management plan
   236L.   Replacement of access management plans
   236M.   Duration of access management plans

   PART 11 - PROTECTION OF THE ENVIRONMENT

           Division 1 - Environment to be considered before grant of authorities or mineral claims

   237.    Need to protect natural resources etc to be taken into account

           Division 2 - Conditions for protecting the environment

   238.    Inclusion of conditions for protecting the environment
   239.    Rehabilitation etc of area damaged by mining

           Division 3 - Environmental, rehabilitation and other directions

   239E.   Definitions
   240.    Directions
   240A.   Direction to suspend operations
   240B.   Revocation or variation
   240C.   Breach of direction
   240D.   Effect of direction
   240E.   Fee
   241.    Rehabilitation by Minister at holder’s expense
   242.    Recovery of costs of rehabilitation

           Division 3A - Derelict mine sites

   242A.   Declaration of derelict mine sites
   242B.   Rehabilitation of derelict mine site
   242C.   Derelict Mine Sites Fund

           Division 4 - Directions to remove mining plant

   243.    Application of Division
   244.    Definitions
   245.    Clearing away of mining plant
   246.    Sale of mining plant

           Division 5 - Rehabilitation and environmental management plans

           Division 6 - Audits

   246M.   Relationship of this Division to other provisions
   246N.   Nature of audit
   246O.   Accreditation and regulation of auditors
   246P.   Conditions for mandatory audits
   246Q.   Certification of audit report
   246R.   Offences relating to audit information
   246S.   Self-incriminatory information not exempt
   246T.   Use of information
   246U.   Nature of voluntary audit
   246V.   Protected documents
   246W.   Nature of protection
   246X.   Lifting of protection

   PART 12 - POWERS OF ENTRY AND INSPECTION

           Division 1 - Preliminary

   247.    Purposes for which powers under Part may be exercised
   247A.   (Repealed)
   248.    Effect on other functions

           Division 1A - Powers to require information and records

   248A.   Application of Division
   248B.   Requirement to provide information and records

           Division 1B - Powers of entry and search

   248C.   Powers to enter premises
   248D.   Entry into residential premises only with permission or warrant
   248E.   Powers of inspectors to do things at premises
   248F.   Search warrants
   248G.   Inspectors may request assistance
   248H.   Assistance to be given to inspectors
   248I.   Care to be taken
   248J.   Compensation

           Division 1C - Additional powers relating to certain offences

   248L.   Power of inspectors to require answers
   248M.   Recording of evidence
   248N.   Power of inspectors to demand name and address
   248O.   Additional powers of entry

           Division 1D - Powers with respect to articles

   248P.   Definition
   248Q.   Application of Division
   248R.   Power to inspect and test

           Division 1E - General

   248S.   Offences
   248T.   Provisions relating to requirements to furnish records, information or answer questions
   248U.   Revocation or variation
   248V.   Extraterritorial application

           Division 2 - Entry in other circumstances

   249.    Entry on land for rehabilitation purposes etc
   250.    Surveys and ore sampling
   251.    (Repealed)
   252.    Environmental assessment
   253.    Encroachments by mining works
   254.    Permit to enter land

           Division 3 - Exercise of power of entry

   255.    (Repealed)
   255A.   Restriction of power of entry: permit holders
   256.    Entry into residential premises only with permission
   257.    Obstruction

           Division 4 - Miscellaneous

   258.    Conditions of permit
   259.    Term of permit
   260.    Form of permit
   261.    Cancellation of permit

   PART 12A - SECURITY DEPOSITS

   261A.   Definitions
   261B.   Security deposit conditions
   261C.   Content of security deposit condition
   261D.   Form and amount of security deposit
   261E.   Security deposit can be taken to be provided for consolidated mining lease or multiple authorisations
   261F.   Claim on and use of security deposit
   261G.   Lapsing of security deposit requirement and return of money
   261H.   Security deposit not to affect other action
   261I.   Regulations in relation to security deposits

   PART 13 - COMPENSATION

           Division 1 - Prospecting and mining

   262.    Definition
   263.    Compensation arising under exploration licence
   264.    Compensation arising under assessment lease
   265.    Compensation arising under mining lease
   266.    Compensation arising under mineral claim
   267.    Compensation arising under opal prospecting licence
   267A.   Effect of determination and payment of compensation under provisions of Commonwealth Native Title Act
   268.    Compensation payable on transfer of certain authorities etc

           Division 2 - Environmental assessment

   269.    Definitions
   270.    Compensation arising under environmental assessment permit

           Division 3 - Procedure for assessing compensation

   271.    Definitions
   272.    Assessment of compensation
   273.    Payment into court
   274.    Payment out of court
   275.    Procedure for making assessment
   276.    Additional assessment
   277.    Directions to furnish names and addresses
   278.    Appeals

           Division 4 - Consolidated mining leases

   279.    Compensation not payable on consolidation
   280.    Compensation already due not affected by consolidation
   281.    Compensation for further loss

           Division 5 - Native title compensation payable by holders of authorities

   281A.   Application of Division
   281B.   Compensation payable by holders of authority

   PART 14 - ROYALTY

           Division 1 - Publicly owned minerals

   282.    Liability to pay royalty-publicly owned minerals
   283.    Rate of royalty

           Division 2 - Privately owned minerals

   284.    Liability to pay royalty-privately owned minerals
   285.    Rate of royalty

           Division 3 - Petroleum

   286.    Royalty payable on petroleum recovered under mining lease for coal

           Division 3A - Coal reject

   286A.   Definition of coal reject
   286B.   Royalty on coal in coal reject
   286C.   Rate of royalty
   286D.   Evidentiary matters

           Division 4 - Miscellaneous

   287.    Exemption from royalty
   287A.   Waiver of payment of additional royalty for coal
   288.    Trust fund
   289.    Returns
   290.    (Repealed)
   291.    Payment of royalty
   292.    Recovery of royalty

   PART 15 - LAND AND ENVIRONMENT COURT PROCEEDINGS

   293.    Jurisdiction of Land and Environment Court
   294.    Land and Environment Court may order deposit of mineral etc
   295.    Land and Environment Court may grant injunction
   296.    Granting of injunctions in cases of urgency
   297.    Orders protecting adjacent authorities and mineral claims
   298.    Court may order payment of money or delivery of mineral
           299-340. (Repealed)

   PART 16 - MINE SAFETY ADVISORY COUNCIL

   341.    Establishment of Mine Safety Advisory Council
           342-358. (Repealed)

   PART 17 - ADMINISTRATION

           Division 1 - Administration

   359.    Boards of management
   360.    (Repealed)
   361.    Appointment of inspectors
   361A.   Identification
   361B.   Extraterritorial exercise of functions
   362.    Exclusion of personal liability
   363.    Delegation of functions by Minister, Director-General or mining registrar
   364.    Minister etc not to be holder of an authority, mineral claim or opal prospecting licence
   365.    Disclosure of information

           Division 2 - Classification of lands

   366.    Mining divisions
   367.    Reserves
   368.    Mineral allocation areas
   369.    Notification areas
   369A.   Fossicking districts
   370.    (Repealed)
   371.    Points to be ascertained by reference to Geocentric Datum of Australia

           Division 3 - (Repealed)
           None

           Division 4 - Miscellaneous

   377.    Museums and laboratories
   378.    Purchase of coal bearing land

   PART 17A - OFFENCES AND ENFORCEMENT

           Division 1 - Offences

   378A.   Obstruction
   378B.   Obstruction of holder of authorisation
   378C.   False or misleading information
   378D.   Contravention of condition of authorisation-offence by holder
   378E.   Defences
   378F.   Offences by corporations
   378G.   Continuing offences

           Division 2 - Proceedings for offences

   378H.   Proceedings for offences
   378I.   Time within which summary proceedings may be commenced
   378K.   Penalty notices for offences

           Division 3 - Restraining orders

   378L.   Application of Division
   378M.   Nature of restraining order
   378N.   Application for restraining order
   378O.   Making of restraining order
   378P.   Undertakings
   378Q.   Ancillary orders
   378R.   Charge on property subject to restraining orders
   378S.   Registration of restraining orders
   378T.   Recovery of costs of registering charge on land
   378U.   Recovery of costs of lodging caveat
   378V.   Contravention of restraining orders
   378W.   Court may revoke restraining order
   378X.   Time when restraining order ceases to be in force

           Division 4 - Court orders in connection with offences

   378Y.   Operation of Division
   378Z.   Orders generally
   378ZA.  Orders for costs, expenses and compensation at time offence proved
   378ZB.  Recovery of costs, expenses and compensation after offence proved
   378ZC.  Orders regarding costs and expenses of investigation
   378ZD.  Orders regarding other monetary benefits
   378ZE.  Additional orders
   378ZF.  Offence

           Division 5 - Evidentiary provisions

   378ZG.  Certificate evidence of certain matters

   PART 18 - SUPPLEMENTARY

   379.    Saving of royal prerogative
   379A.   Certain licences and leases not personal property under Personal Property Securities Act 2009 (Cth)
   380.    Saving of other Acts etc
   381.    Prospecting unaffected by epis
   381A.   Biobank sites
   382.    Applications and tenders generally
   382A.   Waiver or refund of fees and extension of time for payment
   383.    Service of documents
   383A.   Service of documents on native title holders
   383B.   Consent of landholders and others
   383C.   General immunity of landholders
   384.    Defence in proceedings for defamation
   385.    Payment of compensation
   386.    Recovery of unpaid fees etc
   387.    Government agencies
   387A.   Application of Act to former minerals
   388.    Regulations
   389.    Repeals
   390.    References to certain officers in mining titles
   391.    Savings, transitional and other provisions
           SCHEDULE 1
           SCHEDULE 2
           Schedule 3 (Repealed)
           SCHEDULE 4
           Schedule 5 (Repealed)
           SCHEDULE 6
           SCHEDULE 7
           Dictionary