New South Wales Consolidated Acts

MINING ACT 1992 - SECT 175

175 Special conditions

(1) The Minister may, by order published in the Gazette, specify the conditions that are to apply to mineral claims granted over land within any specified mineral claims district.

Note: For orders under this subsection see Gazettes No 101 of 20.8.1992, pp 5950, 5954; No 56 of 8.4.1994, p 1556; No 97 of 23.8.1996, p 4889; No 28 of 21.3.1997, p 1601; No 67 of 28.3.2002, p 2065; No 59 of 7.3.2003, p 4038; No 87 of 21.5.2004, p 3116; No 58 of 3.4.2009, p 1588 and No 207 of 18.12.2009, p 6149.

(2) Without limiting the generality of subsection (1), the conditions that may be specified in an order under this section include conditions as to the following matters:

(a) the shape and size of mineral claims that may be granted,

(b) the minerals in respect of which mineral claims may be granted,

(c) the maximum number of mineral claims that may be held by any one person,

(d) the nature and extent of prospecting and mining operations that may be carried out in respect of mineral claims,

(e) the period for which a mineral claim is to have effect,

(f) the security deposits to be provided and maintained, in accordance with Part 12A, in respect of the granting of mineral claims,

(g) the compensation payable in respect of the carrying out of prospecting and mining operations,

(h) the royalties payable in respect of minerals recovered under mineral claims,

(h1) the levies payable in respect of mineral claims and the purposes for which those levies may be applied,

(i) the depth below the surface of the land to which prospecting or mining operations may be carried out,

(j) the obligations of the holders of mineral claims as to the rehabilitation of land on which prospecting or mining operations have been carried out.

(2A) The conditions may vary by reference to specified matters including, in particular, by reference to whether or not the proposed claim area is within a preserved mining field.

(3) The Minister must have regard to, but (except as provided by subsection (4)) is not bound by, any representations made by a person or body to whom notice has been given under section 174.

(4) To the extent to which an order under this section applies to land within an exempted area, the order must include any conditions required by the controlling body for that area to be included in the order.

(5) This section does not authorise the making of conditions that permit a mineral claim to be granted over land having an area of more than 2 hectares or that permit a mineral claim to have a term of more than 5 years.

(6) A condition limiting the maximum number of mineral claims that may be held by any one person does not prevent a person from becoming the holder of further mineral claims that devolve on the person by operation of law.