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MINING ACT 1992 - As at 24 October 2023 - Act 29 of 1992

- As at 24 October 2023 - 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 designated ancillary mining activities

10 Defences to prosecutions under Part 2

10A Restriction on grant of authorisations with respect to uranium

10B Restriction on grant of mining lease in respect of mercury

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

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

13C Application for operational allocation licence by existing authority holders

13D Crown pre-competitive exploration licences

14 Invitations for tenders

15 Tenders

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

Division 3 - Granting of exploration licences

22 Power of decision-maker in relation to applications

23 Power of decision-maker in relation to tenders

23A Activity approval required for assessable prospecting operations

24 Land and minerals for which exploration licence may be granted

25 Shape and dimensions of land over which exploration licence may be granted

27 Term of exploration licence

28 Form of exploration licence

Division 4 - Rights and duties under an exploration licence

29 Rights under exploration licence

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

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

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

44A Activity approval required for assessable prospecting operations

45 Term of assessment lease

46 Form of assessment lease

Division 4 - Rights and duties under an assessment lease

47 Rights under assessment lease

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

55 Exclusion of land from application or tender

Division 2 - Restrictions on the grant of mining leases

57 Land in reserve

58 Land subject to authority

59 Land subject to exploration licence

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 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

71 Term of mining lease

72 Form of mining lease

Division 4 - Rights and duties under a mining lease

73 Rights under mining lease

75 Ancillary mining activities

76 Fencing of land subject to mining lease

77 Addition of mineral to mineral mining lease

78 Inclusion of petroleum in mining lease

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 Planning Secretary

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

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

114A Power of decision-maker in relation to renewal applications for exploration licences

115 Notice of renewal to be served on holder of authority

116 Application to renew by only some 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

124 Caveats

Division 3 - Cancellation of authorities

125 Grounds of cancellation of authorities

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

129A Applications and tenders to be supported by proposed work program

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

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

141A Access code

141B Application of mandatory provisions of access codes

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 process--mediation before arbitration hearing

145A Mediation

145B Arbitration hearing

146 Right of appearance

148 Conduct of arbitration

148A Approved arbitration procedures

148B Site inspection by arbitrator

148C Costs of landholder participation in mediation and arbitration

149 Interim determination by arbitrator

150 Further arbitration

151 Final determination by arbitrator

151A Determination as to costs

152 Costs of mediation and arbitration hearing

153 Withdrawal from arbitration

154 Liability

155 Review of determination

156 Effect of access arrangement etc

156A Register of arbitrated access arrangements

157 Variation of access arrangements

158 Change in landholders etc

158A Court may determine access arrangement if already considering significant improvements etc

158B Removal of Arbitration Panel arbitrator

Division 3 - Registration of interests and other matters

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

Division 3A - Reports and records

163C Reports

163D Record-keeping

163E Retention of records relating to authorisations

163F Information provided, served or lodged by agents

163G Samples of strata, minerals and water

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

170 Settlement of certain disputes

171 Certain claims for damages prohibited

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, mineral allocation areas and controlled release areas

183 Land subject to authority

184 Land subject to exploration licence

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 Secretary in relation to applications

191 Land over which mineral claim may be granted

193 Term of mineral claim

194 Certificate of mineral claim

Division 5 - Rights and duties under a mineral claim

195 Rights under mineral claim

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 mineral claim

203 Grounds of cancellation

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

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

217 Settlement of certain disputes

218 Certain claims for damages prohibited

218A Records

218B Registration of certain interests in mineral claims

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 Secretary in relation to applications

230 Term of licence

231 Form of licence

232 Rights under licence

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

235C Rights of way

235E Pending applications

235F Registration of certain interests in opal prospecting licences

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 Secretary

236G Determination of access management plan by Land and Environment Court

236H Review of Secretary'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

Divisions 1, 2

Division 3 - Environmental, rehabilitation and other directions

239E Interpretation

240 Directions

240A Prohibition notices

240AA Direction to suspend operations and activity approvals

240B Revocation or variation

240C Breach of direction or notice

240D Effect of direction

240E Fee

241 Rehabilitation by Minister at holder's expense

242 Recovery of costs of rehabilitation

242AA Prior notice of direction under section 240 or 240A not required

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

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

248L Power of inspectors to require answers

248M Recording of evidence

248N Power of inspectors to demand name and address

248NA Application of Division

Division 1C - (Repealed)

None

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 or information or answer questions

248U Revocation or variation

Division 2 - Entry in other circumstances

249 Entry on land to comply with environmental, rehabilitation and other directions and for other purposes

250 Surveys and ore sampling

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

261BA Security may be required before application for authorisation is granted or renewed

261BAA Security may be required before transfer of authorities

261BB Amount of security deposit

261BC Secretary may assess amount of security deposit

261BD Application for review of assessed deposit

261BE Review of assessed deposit by Minister

261BF Minimum deposit

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 Definitions

263 Compensation arising under exploration licence

264 Compensation arising under assessment lease

265 Compensation arising under mining lease

266 Compensation arising under small-scale title

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

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

291 Payment of royalty

291A Assessment and recovery of royalties

292 Disclosure of royalty information

PART 14A - FEES

Division 1 - Preliminary

292A Interpretation

Division 2 - Fees payable for authorisation

292C Fees payable in respect of authorisation

292D Authorisation fees payable by holder of authorisation

Division 3 - Annual rental fee

292E Payment of annual rental fee

292F Amount of annual rental fee

292G Exemptions

Division 4 - Administrative levy

292H Definitions

292I Payment of annual administrative levy

292J Liability for term administrative levy (small-scale titles)

292K Amount of annual administrative levy

292M Amount of term administrative levy

292N Exemptions

Division 5 - General

292O Assessment of liability

292P Recovery of fees

292R Late payment fee

292RA Consultation before regulations regarding fees are made

292S Effect of cancellation or suspension

PART 14AA - SMALL-SCALE TITLE LEVIES

292SA Levy may be imposed by Minister

292SB Orders imposing levy

292SC Holder of small-scale title required to pay levy

292SD Use of money raised through levy

PART 14B - FINANCE

Note

292T Minerals and Petroleum Investment Fund

292U Minerals and Petroleum Administrative Fund

292V Small-Scale Titles Levy Fund

292W Royalties for Rejuvenation Fund

292X Royalties for Rejuvenation Expert Panel

292Y Coal Authorities Allocations Fund

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

PART 16 - (Repealed)

None

PART 17 - ADMINISTRATION

Division 1 - Administration

359 Boards of management

361 Appointment of inspectors

361A Identification

361B Extraterritorial exercise of functions

362 Exclusion of personal liability

363 Delegation of functions by Minister or Secretary

364 Minister or official not to be interested in authority or small-scale title

364A Documents or information provided under conditions requiring reporting

365 Disclosure of information

365A Exchange of information

Division 2 - Classification of lands

366 Mining divisions

367 Reserves

368 Mineral allocation areas

368A Controlled release areas

369A Fossicking districts

371 Points to be ascertained by reference to Geocentric Datum of Australia

Division 3 - (Repealed)

None

Division 4 - Miscellaneous

376 Crown authorisations

377 Museums and laboratories

378 Purchase of coal bearing land

PART 17A - OFFENCES, ENFORCEMENT AND UNDERTAKINGS ABOUT CONTRAVENTIONS

Division 1 - Offences

378A Obstruction

378B Obstruction of holder of authorisation

378C Providing false or misleading information

378D Contravention of condition of authorisation--offence by holder

378E Defences

378EA Aiding and abetting commission of offence

378F Liability of directors etc for offences by corporation--offences attracting executive liability

378FA Liability of directors etc for offences by corporation--accessory to the commission of the offences

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 4A - Court orders in connection with suspected contravention

378ZFA Order for recovery of costs related to prospecting or mining without authorisation

Division 4B - Enforceable undertakings

378ZFB Secretary may accept enforceable undertakings

378ZFC Notice of decision and reasons for decision

378ZFD When an enforceable undertaking is enforceable

378ZFE Compliance with enforceable undertaking

378ZFF Contravention of enforceable undertaking

378ZFG Withdrawal or variation of enforceable undertaking

378ZFH Proceeding for alleged contravention

Division 5 - Evidentiary provisions

378ZG Certificate evidence of certain matters

PART 18 - SUPPLEMENTARY

Division 1 - General

379 Saving of royal prerogative

379AA Uranium the property of the Crown

379AB Coal the property of the Crown

379A Certain licences and leases not personal property under Personal Property Securities Act 2009 (Cth)

380 Saving of other Acts etc

380AA Restrictions on planning applications for coal mining

381 Prospecting unaffected by environmental planning instruments

381A Biobank sites

381B Incomplete applications

382 Applications, tenders and giving of documents and information generally

382A Waiver or refund of fees and charges

382B Amendment of applications

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

387B Extraterritorial application

387C Waiver of procedural matters

388 Regulations

389 Repeals

389A Review of Royalties for Rejuvenation Fund

390 References to certain officers in mining titles

391 Savings, transitional and other provisions

Division 2 - Declarations about persons not fit and proper

392 Interpretation

393 Declarations that certain persons are not fit and proper persons for authorisations

394 Decisions about declared persons and associated authorisations

395 Review of decisions

396 Miscellaneous

SCHEDULE 1A

SCHEDULE 1B

SCHEDULE 1

SCHEDULE 2

SCHEDULE 4

SCHEDULE 6

SCHEDULE 6A

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