MINING ACT 1992 - SCHEDULE 1
MINING ACT 1992 - SCHEDULE 1
SCHEDULE 1 – Public consultation with respect to the granting of assessment leases and mining leases
(Sections 41, 52, 63 and 64)
Part 1 - Assessment leases
1 Notification of Government agencies and councils
(1) Before granting an assessment lease, the Minister must cause notice of the proposal to be served on--(a) each Government agency that, in the opinion of the Minister, would be materially affected by the granting of the lease, and(b) the Planning Secretary, and(c) each council within whose local government area the land the subject of the proposed lease is situated.
(2) Such a notice--(a) must state that an application for the lease has been lodged, and(b) must contain a description or a plan of the land over which the lease is sought, and(c) must state that objections to the granting of the lease (on the grounds that the person or body concerned has major proposals for some other use of that land) may be made to the Minister on or before the date specified in the notice.
(3) The date specified in a notice under this clause must be a date occurring not less than 28 days after the date of service of the notice.
2 Objections to granting of assessment lease
(1) A person or body on which a notice under this Division is served may object to the granting of an assessment lease on the grounds that the person or body has major proposals for some other use of the land.
(2) An objection must be in writing and must be lodged with the Secretary on or before the date specified in the notice in that regard.
(3) The Secretary is to cause a copy of any objection lodged under this clause to be referred for comment to the applicant for the assessment lease concerned.
3 Resolution of objections
(1) The Minister may cause to be taken such steps as the Minister considers appropriate in connection with any objection under this Part and, if agreement is not reached concerning the acceptance, modification or withdrawal of the objection, the matter is to be referred to the Premier.
(2) If any matter is so referred, the Premier may give such decision as the Premier considers appropriate.
4 Granting of assessment lease if objection made
An assessment lease in respect of which an objection has been duly made may not be granted unless the objection is withdrawn or otherwise resolved or is rejected by the Premier.
Part 2 - Mining leases
Division 1 - Notification of Government agencies where development consent not required for mining
4A Application of Division
This Division does not apply to the grant of a mining lease if a development consent is required before the land is used for obtaining minerals.
Note--: In this Act,
"development consent" means a development consent under the Environmental Planning and Assessment Act 1979 , Part 4 or an approval under that Act, Part 3A or Division 5.2.
5 Notification of Government agencies
(1) Before inviting tenders for a mining lease, the Minister must cause notice of the proposal to be served on each Government agency that, in the opinion of the Minister, would be materially affected by the granting of the lease.
(2) Such a notice--(a) must state that the Minister intends to invite tenders, and(b) must describe the land to which the invitation will relate, and(c) must state that objections to the granting of the lease, or proposals for the inclusion in the lease of any condition, may be made to the Minister on or before the date specified in the notice.
(3) Before granting a mining lease (otherwise than by way of tender), the Minister must cause notice of the proposal to be served on each Government agency that, in the opinion of the Minister, would be materially affected by the granting of the lease.
(4) Such a notice--(a) must state that an application for the lease has been lodged, and(b) must contain a description or a plan of the land over which the lease is sought, and(c) must state that objections to the granting of the lease, or proposals for the inclusion in the lease of any condition, may be made to the Minister on or before the date specified in the notice.
(5) The date specified in a notice under this clause must be a date occurring not less than 28 days after the date of service of the notice.
6 Notification of Planning Secretary
(1) Before granting a mining lease (whether by way of tender or otherwise), the Minister must cause notice of the proposal to be served on the Planning Secretary.
(2) Such a notice--(a) must state that a tender for the lease or an application for the lease has been lodged, and(b) must contain a description or a plan of the land over which the lease is sought, and(c) must contain a detailed description of the works to be undertaken if the lease is granted, including works and activities relating to--(i) the preparation of the land for mining, and(ii) the rehabilitation of the land either during the carrying on of mining operations or after they have ceased, and(d) must contain a copy of any environmental impact statement that is required by Part 5 of the Environmental Planning and Assessment Act 1979 to be prepared in relation to the tender or application, and(e) must state that objections to the granting of the lease, or proposals for the inclusion in the lease of any condition, may be made to the Minister on or before the date specified in the notice.
(3) The date specified in a notice under this clause must be a date occurring not less than 28 days after the date of service of the notice.
(4) If, before granting a mining lease, the Minister becomes aware that the detailed description contained in a notice served under this clause requires alteration for any reason, the Minister must, before granting the lease, cause notice of the alteration to be served on the Planning Secretary.
8 Notification of controlling bodies of exempted areas
(1) Before inviting tenders for a mining lease, the Minister must cause notice of the proposal to be served on the controlling body of each exempted area to which the invitation will relate.
(2) Such a notice--(a) must state that the Minister intends to invite tenders, and(b) must describe the land to which the invitation will relate, and(c) must state that objections to the granting of the lease, or proposals for the inclusion in the lease of any condition, may be made to the Minister on or before the date specified in the notice.
(3) Before granting a mining lease (otherwise than by way of tender), the Minister must cause notice of the proposal to be served on the controlling body of each exempted area over which the lease is sought.
(4) Such a notice--(a) must state that an application for the lease has been lodged, and(b) must contain a description or a plan of the land over which the lease is sought, and(c) must state that objections to the granting of the lease, or proposals for the inclusion in the lease of any condition, may be made to the Minister on or before the date specified in the notice.
(5) The date specified in a notice under this clause must be a date occurring not less than 28 days after the date of service of the notice.
9 Objections to granting of mining lease
(1) A person or body on which a notice under this Division is served--(a) may object to the granting of a mining lease, or(b) may propose that specified conditions be included in the lease.
(3) An objection must be in writing and must be lodged with the Secretary on or before the date specified in the notice in that regard.
(4) The Secretary is to cause a copy of any objection lodged under this clause to be referred for comment to the tenderer or applicant for the mining lease concerned.
10 Resolution of objections
(1) The Minister may cause to be taken such steps as the Minister considers appropriate in connection with any objection or proposal made under this Division and, if agreement is not reached concerning the acceptance, modification or withdrawal of the objection or proposal, the matter is to be referred to the Premier.
(2) If any matter is so referred, the Premier may give such decision as the Premier considers appropriate.
11 Granting of mining lease if objection or proposal made
(1) If an objection to the granting of a mining lease is duly made--(a) in the case of an objection to the invitation of tenders--the invitation must not be made, or(b) in the case of an objection to the granting of a mining lease--the lease must not be granted,unless the objection is withdrawn or otherwise resolved or is rejected by the Premier.
(2) A mining lease must include--(a) any condition proposed under this Division (unless the proposal for the inclusion of the condition is withdrawn or is rejected by the Premier) or, if such a condition is modified, the condition as so modified, and(b) any condition directed by the Premier to be included in the lease.
(3) The failure to include a condition in a mining lease does not affect the validity of the lease, but the Minister may, by instrument in writing, amend the lease so as to include the condition omitted.
(4) The Minister must cause to be served on the holder of a mining lease amended under this clause a written notice setting out details of the amendment.
(5) Such an amendment takes effect on the date on which the notice is served or on such later date as may be specified in the notice.
Division 2 - Landowner consent not required where development consent required for mining
12 Application of Division
This Division applies--
(a) in relation to a mining lease for a mineral or minerals, to land for which development consent is required before the land may be used for the purpose of obtaining minerals, and
(b) in relation to a mining lease for an ancillary mining activity or activities only, to land for which development consent is required before the land may be used for that activity or those activities.
14 Consent of landowner not necessary in application required by this Division
Any requirement of the Environmental Planning and Assessment Act 1979 that an application for development consent be accompanied by the consent of the owner of the land concerned, and any requirement of the regulations under that Act that an application for the modification of a development consent be accompanied by such a consent, does not apply to an application under this Division.
Division 3 - Notification of councils etc where development consent not required for mining
16 Application of Division
This Division applies--
(a) in relation to a mining lease for a mineral or minerals, to land for which development consent is not required before the land may be used for the purpose of obtaining minerals, and
(b) in relation to a mining lease for an ancillary mining activity or activities only, to land for which development consent is not required before the land may be used for that activity or those activities.
17 Notification of councils
(1) Before inviting tenders for a mining lease, the Minister must cause notice of the proposal to be served on each council within whose local government area is situated the land to which the invitation relates.
(2) Such a notice--(a) must state that the Minister intends to invite tenders, and(b) must describe the land to which the invitation will relate, and(c) must state that objections to the granting of the lease, or proposals for the inclusion in the lease of any condition, may be made to the Minister on or before the date specified in the notice.
(3) Before granting a mining lease (otherwise than by way of tender), the Minister must cause notice of the proposal to be served on each council within whose local government area is situated the land over which the mining lease is proposed to be granted.
(4) Such a notice--(a) must state that an application for the lease has been lodged, and(b) must contain a description or a plan of the land over which the lease is sought, and(c) must state that objections to the granting of the lease, or proposals for the inclusion in the lease of any condition, may be made to the Minister on or before the date specified in the notice.
(5) The date specified in a notice under this clause must be a date occurring not less than 28 days after the date of service of the notice.
18 Objections to granting of mining lease
(1) A council on which a notice is served under this Division--(a) may object to the granting of a mining lease, or(b) may propose that specified conditions be included in the mining lease.
(2) An objection must be in writing and must be lodged with the Secretary on or before the date specified in the notice in that regard.
(3) The Secretary is to cause a copy of any objection lodged under this clause to be referred for comment to the tenderer or applicant for the mining lease concerned.
19 Consideration of objections
In deciding whether or not to grant a mining lease, the Minister must take into account any objection or proposal made under this Division.
Division 4 - Notification of owners of private land
20 Application of Division
(1) This Division applies to a mining lease that is proposed to extend to the surface of any land.
(2) References in this Division to--(a) land, and(b) a landholder,are references only to land to whose surface the lease is proposed to extend, and the landholder of any such land, respectively.
21 Notification of landholders
(1) Before inviting tenders for a mining lease to which this Division applies, the Minister must cause notice of the proposal to be served on any landholder of the land concerned.
(2) Such a notice--(a) must state that the Minister intends to invite tenders, and(b) must describe the land to which the invitation will relate, and(c) must state that objections to the granting of the lease on the grounds that the land is agricultural land, and claims with respect to significant improvements on the land, may be made to the Minister within 28 days after the date on which the notice is served.
(3) An applicant for a mining lease to which this Division applies must (within 21 days after lodging the application or, in a case to which section 383A (2) (b) applies, within 21 days after the expiration of the period referred to in that paragraph) cause notice of the application to be served on any landholder of the land concerned (except where the landholder is the applicant or is, in relation to the applicant, a related corporation).
(4) Such a notice--(a) must state that an application for the lease has been lodged, and(b) must contain a description, prepared in the approved manner, of the land over which the lease is sought, and(c) must state that objections to the granting of the lease on the grounds that the land is agricultural land, and claims with respect to significant improvements on the land, may be made to the Minister within 28 days after the date on which the notice is served.
(5) A copy of every notice served in accordance with subclause (3) must be lodged with the Secretary within 21 days after the date on which the notice was served, together with a statement by the applicant to the effect that each such notice was served and setting out the name and address of each landholder on whom it was served.
22 Objections to granting of mining lease
(1) A landholder of any land may object to the granting of the mining lease concerned on the ground that the land, or any part of the land, over which the lease is sought is agricultural land.
(2) Schedule 2 contains provisions dealing with objections.
(3) If, after an objection has been made, but before the objection is determined, the landholder gives written consent to the granting of the mining lease over the land, or the applicant for the mining lease gives written consent to the surface of the land being excluded from the application--(a) the Secretary is not required to determine the objection, and(b) the decision-maker may grant the mining lease.
(4) A written consent given under this clause is irrevocable.
23 Agricultural land
(1) If land is determined to be agricultural land as a consequence of an objection under this Division--(a) in the case of an objection to the invitation of tenders--the invitation must not be made, or(b) in the case of an objection to the granting of a mining lease--the lease must not be granted,except with the written consent of the landholder.
(2) A written consent given under this clause is irrevocable.
(3) Despite subclause (1), a mining lease may be granted beneath the surface of land determined to be agricultural land if the Minister is satisfied mining operations under the lease are able to be carried out without causing, at any time, unreasonable damage to the agricultural land or unreasonable interference with the use or productive capacity of the agricultural land.
(4) Despite subclause (1), a mining lease may be granted over the whole or a part of the land determined to be agricultural land, including the surface of the land, if the Minister considers that the granting of the lease is necessary to give access to other land to which the lease applies.
(5) A mining lease must not be granted in the circumstances referred to in subclause (3) unless the Minister has--(a) given the landholder written notice of the proposed mining lease, including the reasons the Minister is satisfied of the relevant matters in the subclause, and(b) at the time the written notice is given, invited submissions to the Minister about the proposed mining lease within a specified period, being not less than 28 days after the notice is given, and(c) considered any submissions made within the specified period.
(6) However, a mining lease referred to in subclause (3) may be granted with the written consent of the landholder.
23A Identification of significant improvements
(1) A landholder of land to which an invitation for tenders will relate, or over which a mining lease is sought, may make a claim to the Minister that something on the land is a significant improvement.
(2) A claim must be in writing, identifying the nature and location of the improvement, and must be lodged with the Secretary on or before the date specified in the relevant notice under clause 21.
(3) In the case of a claim relating to an application for a mining lease, the Secretary must cause notice of the claim to be given to the applicant for the lease.
(4) An applicant for a mining lease may give notice to the Secretary of an application to the Land and Environment Court for a determination in relation to the claim.
(5) Anything identified in a claim as being a significant improvement is taken to be a significant improvement for the purposes of section 62 unless the Land and Environment Court finds that it is not a significant improvement in an application made under section 62 (6A).
Division 5 - Notification of other persons
24 Notification of the general public
(1) Before inviting tenders for a mining lease, the Minister must cause notice of the proposal to be published in the Gazette and in the way specified by the regulations.
(2) Such a notice--(a) must state that the Minister intends to invite tenders, and(b) must describe the land to which the invitation will relate, and(c) must state that objections to the granting of the lease may be made in writing to the Minister and must explain (having regard to the provisions of clause 28) what persons are entitled to object, and(d) must state that such objections should be made on or before the date specified in the notice.
26 Objections to granting of mining lease
(1) Any person (other than a person referred to in clause 28) may object to the granting of a mining lease.
(2) An objection must be in writing and must be lodged with the Secretary on or before the date specified in the relevant notice under this Division.
(3) The Secretary is to cause a copy of any objection lodged under this clause to be referred for comment to the tenderer or applicant for the mining lease concerned.
27 Consideration of objections
In deciding whether or not to invite tenders for a mining lease, or to grant a mining lease, the Minister must take into account any objection made under this Division.
28 Certain persons not entitled to object
An objection may not be made under this Division--
(a) by any person or body that is entitled to object under Division 1 or 3 to the granting of a mining lease, or
(b) by any person who is entitled, under the Environmental Planning and Assessment Act 1979 , to make submissions in relation to the granting of any development consent that is required before the land concerned may be used for the purpose of obtaining minerals or for one or more ancillary mining activities.