New South Wales Consolidated Acts

MINING ACT 1992 - SECT 70

70 Conditions of mining lease

(1) A mining lease is subject to:

(a) a condition that the holder of the lease will not suspend mining operations in the mining area otherwise than in accordance with the written consent of the Minister, and

(b) such other conditions as the Minister may, when granting the lease, impose.

(1A) Subsection (1) (a) does not apply to a mining lease that is granted in relation to a mining purpose or mining purposes only.

(2) Without limiting the generality of subsection (1), conditions of the following kind may be imposed on a mining lease:

(a) conditions requiring the holder of the mining lease to give and maintain security, in such amount and form as the Minister may determine, for the fulfilment of the obligations arising under this Act in respect of the lease,

(b) conditions relating to mining or mining operations,

(c) conditions relating to the transporting of any mineral or other thing for the purpose of mining,

(d) conditions relating to the treatment or preparation for sale of any mineral,

(e) conditions relating to the disposal or retention of material discarded from mining operations or from the treatment or preparation for sale of any mineral,

(f) conditions relating to the use to which any mineral may be put,

whether or not the condition relates to a matter to be carried out on, or in the vicinity of, the mining area.

(2A) A condition requiring security to be given and maintained by the holder of a mining lease (the "new mining lease") may be expressed so as to require the security given and maintained in relation to some other mining lease or leases, whether under this section or under section 79, to be extended to the new mining lease.

(3) If the Minister proposes to grant a mining lease to a person on the condition that the person gives and maintains security, the Minister may cause a written notice to be served on the person requiring the person to lodge the security with the Minister on or before the date specified in the notice.

(4) A mining lease granted on the basis of a tender lodged under section 53 is taken to include a condition in the terms specified in the tender for the purposes of subsection (3) of that section.