New South Wales Consolidated Acts

MINING ACT 1992 - SECT 239

239 Rehabilitation etc of area damaged by mining

(1) The conditions subject to which an authority or mineral claim is granted or renewed may include such conditions relating to:

(a) the rehabilitation, levelling, regrassing, reforesting or contouring of such part of the land over which the authority or claim has effect as may have been damaged or adversely affected by prospecting operations or mining operations, and

(b) the filling in, sealing or fencing off of excavations, shafts and tunnels,

as may be prescribed by the regulations or as the Minister or mining registrar may, in any particular case, determine.

(1A) The Minister or mining registrar may, in any particular case, determine that an authority or mineral claim be granted or renewed subject to conditions relating to the afforestation (including for carbon sequestration within the meaning of section 87A of the Conveyancing Act 1919 and related environmental purposes) of such part of the land over which the authority or claim has effect as may have been damaged or adversely affected by prospecting operations or mining operations.

(1B) However, a condition referred to in subsection (1A) may only be imposed at the request of the applicant for, or holder of, the authority or claim.

(2) The Minister or mining registrar may amend an authority or mineral claim:

(a) that does not contain conditions of the kind that may be imposed under this Division, or

(b) that does contain such conditions, being conditions that the Minister or mining registrar considers are inadequate,

so as to include conditions or further conditions of that kind or so as to alter any such conditions.

(3) Any conditions of the kind referred to in subsection (1) (a) or (1A) are to be in a form approved by the Commissioner of the Soil Conservation Service and after consultation with the Director of National Parks and Wildlife.

(4) An amendment takes effect on the date on which notice of the amendment is served on the holder of the authority or mineral claim or on such later date as may be specified in the notice.

(5) This section has effect despite anything to the contrary in section 93 of the Environmental Planning and Assessment Act 1979 .