New South Wales Consolidated Acts

MINING ACT 1992 - SECT 6

6 Unauthorised carrying out of mining purposes

(1) A person must not carry out a mining purpose specified for the purposes of this section except in accordance with an authorisation that is in force in respect of the land where the purpose is carried out.

Maximum penalty:

(a) 1,000 penalty units, in the case of an offence committed by a corporation, or

(b) 1,000 penalty units or imprisonment for 5 years, or both, in the case of an offence committed by a natural person,

and, in the case of a continuing offence, a further penalty of 50 penalty units for each day that the offence continues.

(2) The regulations may provide for the exemption, by order of the Minister, of a person or class of persons from the operation of this section with respect to the carrying out of a particular mining purpose, or a class of mining purposes, that is specified for the purposes of this section.

(3) The mining purposes specified for the purposes of this section are the following mining related purposes:

(a) the construction, maintenance or use of any reservoir, dam (including a tailings dam), drain or water race, other than any reservoir, dam, drain or water race principally used for purposes not connected with mining or any other activities regulated by or under an authorisation,

(b) opal puddling,

(c) the removal, stockpiling or depositing of overburden, ore or tailings to the extent that it is associated with mineral extraction or mine beneficiation.