MINING ACT 1992 - SCHEDULE 6

SCHEDULE 6 – Savings, transitional and other provisions

Part 1 - Regulations

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--
Mining Act 1992

Mining Legislation Amendment Act 1996

Native Title (New South Wales) Amendment Act 1998

Local Courts Amendment (Part-time Magistrates) Act 1999

Survey (Geocentric Datum of Australia) Act 1999

Offshore Minerals Act 1999

Mining Amendment Act 1999

Mining and Petroleum Legislation Amendment Act 2000

Mining Amendment (Miscellaneous Provisions) Act 2004

Coal Acquisition Legislation Repeal Act 2007

Mining Amendment Act 2008

Mining Amendment (Improvements on Land) Act 2008

Courts and Crimes Legislation Further Amendment Act 2008 , but only in relation to the amendments made to this Act

Mining and Petroleum Legislation Amendment (Land Access) Act 2010 , but only in relation to the amendments made to this Act

Courts and Crimes Legislation Further Amendment Act 2010

Mining Legislation Amendment (Uranium Exploration) Act 2012

any Act that amends this Act

(1A) The regulations may also contain provisions of a savings or transitional nature consequent on the publication by the Surveyor-General of a notice under section 4 (2) of the Survey (Geocentric Datum of Australia) Act 1999 .

(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or the date of publication of the notice under section 4 (2) of the Survey (Geocentric Datum of Australia) Act 1999 (as the case may be), or a later date.

(3) To the extent to which any such provision takes effect from a date that is earlier than its date of publication in the Gazette, the provision does not operate so as--
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before its date of publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted before the date of its publication.

(4) Any provision of the regulations made under this clause has effect despite anything to the contrary in this Schedule. The regulations may make separate savings and transitional provisions or amend this Schedule to consolidate the savings and transitional provisions.

Part 2 - Provisions consequent on the enactment of the Mining Act 1992

2 Definitions

(1) In this Part--

"entitlement" means--
(a) an authority, claim or opal prospecting licence granted or deemed to be granted under the Mining Act 1973 , or

(b) an authorisation or concession granted or deemed to be granted under the Coal Mining Act 1973 .

"the relevant commencement" means--
(a) in relation to a provision of the Mining Act 1973 or the Coal Mining Act 1973 --the date on which the provision is repealed, and

(b) in relation to a provision of this Act--the date on which the provision commences.

(2) A reference in this Part to the granting of an entitlement includes, in the case of a claim under the Mining Act 1973 , a reference to the registration of the claim.

3 Mining Act 1973 or the Coal Mining Act 1973 to continue to apply to certain applications

(1) This clause applies to an application for, or for the renewal or transfer of--
(a) any authority, claim or opal prospecting licence under the Mining Act 1973 , or

(b) any authorisation or concession under the Coal Mining Act 1973 .

(2) The provisions of the Mining Act 1973 or the Coal Mining Act 1973 continue to apply to applications and tenders duly lodged before the relevant commencement as if this Act had not been enacted.

(3) Clause 4 applies to--
(a) an authority, claim or opal prospecting licence granted under the Mining Act 1973 by virtue of this clause, and

(b) an authorisation or concession granted under the Coal Mining Act 1973 by virtue of this clause,
as if it had been granted immediately before the relevant commencement.

(4) A reference in this clause to an application or tender that has been duly lodged includes a reference to an application or tender that, although not duly lodged, is an application or tender that could lawfully be dealt with under the Mining Act 1973 or the Coal Mining Act 1973 .

4 Existing mining entitlements

(1) An exploration licence granted under the Mining Act 1973 or an exploration permit or authorisation granted under the Coal Mining Act 1973 and in force immediately before the relevant commencement is taken to be an exploration licence granted under this Act.

(2) A mining lease or mining purposes lease granted under the Mining Act 1973 or a coal lease granted under the Coal Mining Act 1973 and in force immediately before the relevant commencement is taken to be a mining lease granted under this Act.

(3) A claim registered under the Mining Act 1973 and in force immediately before the relevant commencement is taken to be a mineral claim granted under this Act.

(4) An opal prospecting licence granted under the Mining Act 1973 and in force immediately before the relevant commencement is taken to be an opal prospecting licence granted under this Act.

(5) In this clause, a reference to any form of entitlement granted under the Mining Act 1973 or the Coal Mining Act 1973 includes a reference to an entitlement that is deemed to have been granted under either of those Acts.

5 Directions concerning certain mining leases

A direction in force under section 92 of the Mining Act 1973 immediately before the relevant commencement is taken to be a direction under section 77 of this Act.

6 Directions concerning certain coal leases

(1) Any coal lease that is the subject of a direction given under section 72 of the Coal Mining Act 1973 and in force immediately before the relevant commencement is taken to have been amended so as to include that mineral as a mineral to which the corresponding mining lease under this Act applies.

(2) Any direction given under section 72A of the Coal Mining Act 1973 and in force immediately before the relevant commencement is taken to be a direction in force under section 78 of this Act.

7 Directions to protect the environment

(1) Any condition imposed on an authority, authorisation or concession in accordance with section 118, 119 or 119A of the Mining Act 1973 or section 94, 95 or 95A of the Coal Mining Act 1973 is taken to have been imposed under Division 2 of Part 11 of this Act.

(2) Any direction given under section 120 of the Mining Act 1973 or section 96 of the Coal Mining Act 1973 and in force immediately before the relevant commencement is taken to be a direction in force under section 240 of this Act.

(3) Any direction given under section 172 of the Mining Act 1973 or section 115 of the Coal Mining Act 1973 and in force immediately before the relevant commencement is taken to be a direction in force under section 245 of this Act.

8 Environmental planning and assessment matters

Sections 65 and 74 of this Act apply to and in respect of a mining lease granted in accordance with section 116 of the Mining Act 1973 or section 91 of the Coal Mining Act 1973 before the relevant commencement in the same way as they apply to and in respect of a mining lease granted in accordance with this Act.

9 Consolidation of leases

(1) Part 5A of the Mining Act 1973 continues to apply to a draft consolidated mining lease prepared under section 111C of that Act before the relevant commencement as if this Act had not been enacted.

(2) Any consolidated mining lease granted under Part 5A of the Mining Act 1973 as a consequence of the operation of subclause (1) is taken to have been granted under Part 6 of this Act.

(3) Part 4A of the Coal Mining Act 1973 continues to apply to a draft consolidated coal lease prepared under section 82C of that Act before the relevant commencement as if this Act had not been enacted.

(4) Any consolidated coal lease granted under Part 4A of the Coal Mining Act 1973 as a consequence of the operation of subclause (3) is taken to have been granted under Part 6 of this Act.

10 Register of colliery holdings

The register of colliery holdings kept under section 115A of the Coal Mining Act 1973 is taken to be the register of colliery holdings kept under section 163 of this Act.

11 Rights of way

Any right of way in force under section 175 of the Mining Act 1973 or 117 of the Coal Mining Act 1973 immediately before the relevant commencement is taken to be a right of way in force under section 164 of this Act.

12 Suspension of authorities

Any suspension of the conditions of an authority made under Part 5 of the Mining Act 1973 and in force immediately before the relevant commencement is taken to be a suspension of the conditions of the corresponding authority under section 168 of this Act.

13 Caveats

Any caveat duly lodged under section 109 of the Mining Act 1973 or section 106 of the Coal Mining Act 1973 before the relevant commencement is taken to be a caveat duly lodged under section 124 of this Act and is to have effect as if this Act had been in force when it was lodged.

14 Claims

(1) Any obligation under the Mining Act 1973 in connection with a claim registered under Part 4 of that Act (being an obligation in existence in force immediately before the relevant commencement) is taken to be an obligation under this Act in connection with the corresponding mineral claim.

(2) Any security given in respect of a claim under Part 4 of the Mining Act 1973 before the relevant commencement is taken to be security given in respect of the corresponding mineral claim under this Act.

(3) Any claim whose registration had been renewed under Part 4 of the Mining Act 1973 before the relevant commencement is taken to be a mineral claim renewed under Part 9 of this Act.

(4) A certificate of registration of a claim or of renewal of registration of a claim issued before the relevant commencement is taken to have been duly issued under this Act.

(5) Any application for the registration of a person on whom the rights of a registered holder of a claim have devolved as the holder of the claim (being an application that had not been finally dealt with before the relevant commencement) is to continue to be dealt with as if this Act had not been enacted.

(6) Any such registration is taken to be a transfer duly effected under this Act.

(7) Any suspension of the conditions of a registered claim under Part 4 of the Mining Act 1973 and in force immediately before the relevant commencement is taken to be a suspension of the conditions of the corresponding mineral claim under section 215 of this Act.

15 Permits

(1) Any permit granted under section 36A of the Mining Act 1973 and in force immediately before the relevant commencement continues to have effect for the purposes for which it was granted.

(2) A permit may be issued under section 254 of this Act in relation to the obligations of the holder of a registered claim under Part 4 of the Mining Act 1973 .

16 Licence to process tailings

Any licence in force under section 173 of the Mining Act 1973 immediately before the relevant commencement continues in force for the term for which it was granted as if this Act had not been enacted.

17 Licence to construct tunnels etc

Any licence in force under section 174 of the Mining Act 1973 immediately before the relevant commencement continues in force for the duration of the mining lease (including any mining purposes lease that is taken to be a mining lease) in relation to which it was granted.

18 Access arrangements

(1) An access arrangement in force under Division 4A of Part 5 of the Mining Act 1973 immediately before the relevant commencement is taken to be an access arrangement in force under Division 2 of Part 8 of this Act.

(2) A person who held office as an arbitrator under section 84E of the Mining Act 1973 immediately before the relevant commencement is taken to have been appointed under section 143 of this Act.

(3) The Arbitration Panel established by section 84B of the Mining Act 1973 is taken to be the Arbitration Panel established under section 139 of this Act.

(4) Any person who was a member of the Arbitration Panel established under section 84B of the Mining Act 1973 immediately before the relevant commencement is taken to be a member of the Arbitration Panel established by section 139 of this Act.

(5) The conditions under which a member of the Arbitration Panel held office under the Mining Act 1973 immediately before the relevant commencement are, until they are duly changed under this Act, to be the conditions under which the member holds office as a member of the Arbitration Panel under this Act.

(6) Any notice served under section 84E or 84F of the Mining Act 1973 before the relevant commencement is taken to have been duly served under section 142 or 143 of this Act.

(7) Any matter done by an arbitrator before the relevant commencement for the purposes of a hearing under Division 4A of Part 5 of the Mining Act 1973 is taken to have been done for the purposes of Division 2 of Part 8 of this Act.

(8) An interim determination in force under section 84K of the Mining Act 1973 immediately before the relevant commencement is taken to be an interim determination under section 149 of this Act.

(9) A final determination in force under section 84M of the Mining Act 1973 immediately before the relevant commencement is taken to be a final determination under section 151 of this Act.

(10) Section 154 of this Act applies to a hearing conducted under Division 4A of Part 5 of the Mining Act 1973 in the same way as it applies to a hearing conducted under Division 2 of Part 8 of this Act.

19 Compensation

Any compensation payable under Part 8 of the Mining Act 1973 or Part 8 of the Coal Mining Act 1973 in respect of the granting of an entitlement under either of those Acts, or the exercise of rights under either of those Acts, before the relevant commencement is taken to be compensation payable under Part 13 of this Act.

20 Royalty

Part 14 of this Act applies to royalty on coal and other minerals recovered pursuant to an instrument in force under the Mining Act 1973 or the Coal Mining Act 1973 before the relevant commencement in the same way as it applies to coal and other minerals recovered after that commencement.

21 Trust funds

Any trust fund duly established under section 99 of the Mining Act 1973 or section 77B of the Coal Mining Act 1973 and in existence immediately before the relevant commencement is taken to have been duly established under section 288 of this Act.

22 Inspectors

Any person who was an inspector under section 183 of the Mining Act 1973 immediately before the relevant commencement is taken to be an inspector under this Act.

23 Wardens and other officers

Any person who held office as chief warden, warden or mining registrar under the Mining Act 1973 immediately before the relevant commencement is taken to have been appointed as chief warden, warden or mining registrar under this Act.

24 Wardens' Courts

Any Warden's Court established under the Mining Act 1973 and in existence immediately before the relevant commencement is taken to have been established under this Act.

25 Proceedings

(1) Any proceedings that had been commenced under the Mining Act 1973 in a Warden's Court but had not been finally dealt with before the relevant commencement are to continue to be dealt with in accordance with this Act.

(2) Any decision of a Warden's Court under the Mining Act 1973 and in force immediately before the relevant commencement is taken to be a decision of a Warden's Court under this Act.

(3) Any order or injunction made or granted by a Warden's Court, or by a warden, under the Mining Act 1973 and in force immediately before the relevant commencement is taken to be an order or injunction made or granted under this Act.

(4) Any writ of execution issued by a Warden's Court under the Mining Act 1973 and in force immediately before the relevant commencement is to be enforced as if this Act had not been enacted.

(5) Any authorisation granted by a Warden's Court, or by a warden, under the Mining Act 1973 or the Coal Mining Act 1973 and in force immediately before the relevant commencement is taken to have been granted under this Act.

(6) Any summons or subpoena issued by a Warden's Court, or by a warden, under the Mining Act 1973 and in force immediately before the relevant commencement is taken to have been issued under this Act.

26 Appeals

The Mining Act 1973 continues to apply to an appeal, or an application for determination of a stated case, made under that Act before the relevant commencement as if this Act had not been enacted.

27 Wardens' inquiries

Any inquiry conducted by a warden under section 178 or 178A of the Mining Act 1973 before the relevant commencement is taken to be a warden's inquiry under this Act.

28 Evidentiary certificates

A certificate issued under section 26F, 37A or 111 of the Mining Act 1973 or under section 108 of the Coal Mining Act 1973 before the relevant commencement continues to have effect in relation to proceedings under that Act as if this Act had not been enacted.

29 Certain decisions by the Minister

Any decision given by the Minister in respect of a dispute referred to in section 179 of the Mining Act 1973 or section 121 of the Coal Mining Act 1973 before the relevant commencement is taken to be a decision given under the corresponding section of this Act.

30 Agreements concerning payment by instalments

Any agreement in force under section 127 of the Coal Mining Act 1973 immediately before the relevant commencement continues in force as if it were a condition of a mining lease under section 70 (4) of this Act.

31 Delegations

Any delegation in force immediately before the relevant commencement under the Mining Act 1973 or the Coal Mining Act 1973 is taken to have been given under this Act and continues to have effect as if it had been given under this Act.

32 Disclosure of information

Any information obtained by a person in connection with the administration or execution of the Mining Act 1973 or the Coal Mining Act 1973 is taken to have been obtained by the person in connection with the administration or execution of this Act.

33 Mining divisions

Any division of a mining district constituted under the Mining Act 1973 and in existence immediately before the relevant commencement is taken to be a mining division constituted under this Act, with the same name and boundaries as it had immediately before the relevant commencement.

34 Reserves

(1) Any reserve constituted under the Mining Act 1973 (including any reserve that is deemed to have been constituted under that Act) and in existence immediately before the relevant commencement is taken to be a reserve constituted under this Act, with the same name and boundaries as it had immediately before the relevant commencement.

(2) Any order in force under section 24 of the Mining Act 1973 immediately before the relevant commencement, being an order containing a direction prohibiting the granting or registration of a particular entitlement over land in a reserve is taken to be an order prohibiting the granting of the entitlement that, by virtue of clause 4, is the corresponding entitlement over land in the reserve.

35 Opal prospecting areas

(1) Any opal prospecting area constituted under the Mining Act 1973 and in existence immediately before the relevant commencement is taken to be an opal prospecting area constituted under this Act, with the same name and boundaries as it had immediately before the relevant commencement.

(2) Any notice served in accordance with section 25A (2) of the Mining Act 1973 before the relevant commencement is taken to be a notice duly served under section 221 of this Act.

(3) Any objection duly made under section 25B (1) of the Mining Act 1973 before the relevant commencement is taken to be an objection duly lodged under section 222 of this Act.

(4) Any opal prospecting block constituted under the Mining Act 1973 and in existence immediately before the relevant commencement is taken to be an opal prospecting block constituted under this Act, with the same designation and boundaries as it had immediately before the relevant commencement.

(5) Any map prepared under section 25C of the Mining Act 1973 before the relevant commencement is taken to have been duly prepared under section 225 of this Act.

(6) The particulars depicted on any such map are taken to be the corresponding particulars for the purposes of this Act.

36 Claims for damages

Section 26H of the Mining Act 1973 continues to apply in relation to any injury or loss referred to in that section (being an injury or loss sustained before the relevant commencement) as if this Act had not been enacted.

37 Notices and instruments

Any notice or instrument published or served in accordance with any provision of the Mining Act 1973 or the Coal Mining Act 1973 before the relevant commencement is taken to have been duly served under the corresponding provision of this Act.

38 Records

Any records kept before the relevant commencement under section 105 of the Mining Act 1973 or section 102 of the Coal Mining Act 1973 are to form part of the records kept under section 159 of this Act.

39 Museums and laboratories

Any museum or laboratory established under the Mining Act 1973 and in existence immediately before the relevant commencement is taken to have been established under this Act.

42 Directions concerning graticular sections

A direction in force immediately before the relevant commencement for the purposes of the definition of
"block" or
"unit" in section 6 (1) of the Mining Act 1973 or section 6 (1) of the Coal Mining Act 1973 is taken to be a direction for the purposes of the corresponding definition in the Dictionary at the end of this Act.

43 Instruments under sec 77 of the Mining Act 1973

An instrument lodged with the Director-General in accordance with section 77 (1) (c) of the Mining Act 1973 before the relevant commencement is taken to be a notice of intention duly given in accordance with section 8 (1) of this Act.

44 References to provisions of repealed Acts

(1) In determining a relevant date in accordance with section 62 (4) of this Act--
(a) a reference to the date on which a notice was published in the Gazette under section 136 of this Act includes a reference to the date on which a notice was published in the Gazette under section 31 of the Coal Mining Act 1973 , and

(b) a reference to the date on which an application for an exploration licence was lodged under this Act includes, in the case of an application relating to coal, a reference to the date on which an application for an authorisation or exploration permit was lodged under the Coal Mining Act 1973 , and

(c) a reference to the date on which a mineral claim was granted under this Act includes a reference to the date on which a claim was registered under the Mining Act 1973 .

(2) A reference in clause 3 of Schedule 2 to the date on which an application for an exploration licence or mineral claim was lodged includes, in the case of an exploration licence, claim, authorisation or concession granted under the Mining Act 1973 or the Coal Mining Act 1973 that is taken to be an exploration licence or mineral claim granted under this Act, a reference to the date on which the application for the exploration licence, claim, authorisation or concession was lodged under the Mining Act 1973 or the Coal Mining Act 1973 .

45 Miscellaneous applications

Any application (other than an application referred to in clause 3) that had been made but not dealt with under a provision of the Mining Act 1973 or the Coal Mining Act 1973 before the relevant commencement is taken to be an application under the corresponding provision of this Act and may continue to be dealt with accordingly.

46 Construction of certain references

In any other Act or instrument--

(a) a reference to the Mining Act 1973 or the Coal Mining Act 1973 includes a reference to this Act, and

(b) a reference to a provision of the Mining Act 1973 or the Coal Mining Act 1973 includes a reference to the corresponding provision of this Act, and

(c) a reference to an entitlement granted under the Mining Act 1973 or the Coal Mining Act 1973 includes a reference to the corresponding entitlement granted under this Act.

47 Instruments under former Acts

Any instrument that had been approved by the Minister under section 107 of the Mining Act 1973 or section 104 of the Coal Mining Act 1973 before the commencement of this Act is taken to have been registered under section 161 of this Act.

Part 3 - Provisions consequent on the enactment of the Mining Legislation Amendment Act 1996

48 Definition

In this Part,
"amending Act" means the Mining Legislation Amendment Act 1996 .

49 Amendment of exploration licence, assessment lease and mineral claim conditions

Sections 29A, 47A and 195A apply to and in respect of an exploration licence, assessment lease or mineral claim granted before the commencement of those sections in the same way as they apply to and in respect of an exploration licence, assessment lease or mineral claim granted after that commencement.

50 Protection of dwelling-houses, gardens and improvements

Sections 31, 49, 62 and 188, as amended by the amending Act, apply to and in respect of an authority or mineral claim granted before the commencement of those amendments in the same way as they apply to and in respect of an authority or mineral claim granted after that commencement.

51 Surface prospecting in respect of subsurface mining leases

Section 81, as amended by the amending Act, applies to and in respect of all prospecting operations carried out in relation to a mining lease after the commencement of that amendment, whether or not prospecting operations have been carried out in relation to that mining lease before that commencement.

52 Partial transfers of exploration licences

Section 123, as amended by the amending Act, applies to and in respect of an exploration licence granted before the commencement of that amendment in the same way as it applies to and in respect of an exploration licence granted after that commencement.

53 Waiver of minor procedural matters concerning applications for mineral claims

Section 210A applies to and in respect of an application for a mineral claim made before the commencement of that section in the same way as it applies to and in respect of an application for a mineral claim made after that commencement.

54 Limitation of right to challenge technical defects in mineral claims

Section 210B applies to and in respect of a mineral claim granted before the commencement of that section in the same way as it applies to and in respect of a mineral claim granted after that commencement.

55 Restrictions on grant of opal prospecting licence

Section 227, as amended by the amending Act, applies to and in respect of an application for an opal prospecting licence made before the commencement of that amendment in the same way as it applies to and in respect of an application for an opal prospecting licence made after that commencement.

56 Permits for surveys and ore sampling

A permit that was in force under section 250 or 251, immediately before the repeal of that section by the amending Act, is taken to have been granted under section 250, as inserted by the amending Act.

57 Assessment of compensation in relation to mineral claims and opal prospecting licences

Sections 266 and 267, as amended by the amending Act, apply to and in respect of a mineral claim or opal prospecting licence granted before the commencement of those amendments in the same way as they apply to and in respect of a mineral claim or opal prospecting licence granted after that commencement, but do not affect any compensation determined before that commencement in respect of any such mineral claim or opal prospecting licence.

58 References for determination of agricultural land

Clauses 2 and 3 of Schedule 2, as amended by the amending Act, apply to and in respect of a reference arising before the commencement of those amendments in the same way as they apply to and in respect of a reference arising after that commencement.

59 Royalty on coal in coal reject

Division 3A of Part 14 applies to coal reject that the holder of a mining lease uses or disposes of on or after the commencement of that Division (even if the coal reject was recovered before that commencement).

60 Waiver of additional royalty for coal

Section 287A applies in respect of coal disposed of on or after the commencement of that section (even if the coal was recovered before that commencement).

61 Lodgment fees

A fee that, immediately before the commencement of section 382A, was prescribed by the regulations for the purposes of this Act or the regulations is taken to be an appropriate lodgment fee determined in accordance with that section.

Part 4 - Provisions consequent on the enactment of the Native Title (New South Wales) Amendment Act 1998

62 Conversion of existing exploration licences to low-impact exploration licences

(1) The holder of an exploration licence in force immediately before the commencement of Division 5 of Part 3 of this Act may apply to the Minister for its conversion to a low-impact exploration licence under that Division.

(2) The Minister may approve the application only if satisfied that the notification and other requirements of that Division for the grant of a low-impact exploration licence have been complied with. For the purpose of converting the licence, the Minister is to amend the licence and its conditions by notice served on the holder of the licence.

(3) On the service of the notice, the exploration licence becomes a low-impact exploration licence and is subject to the provisions of that Division.

(4) An application under this clause may be made with respect to a part only of the land over which the exploration licence was granted. In that case, the Minister may, subject to the regulations, convert the licence as to that part of the land and continue the existing licence as to the remainder of the land.

63 Saving with respect to existing exploration licences or opal prospecting licences

The amendments made to this Act by the Native Title (New South Wales) Amendment Act 1998 do not invalidate or affect any exploration licence or opal prospecting licence in force at the time the amendments are made.

Part 5 - Provisions consequent on the enactment of the Mining Amendment Act 1999

64 Definition

In this Part,
"amending Act" means the Mining Amendment Act 1999 .

65 Certain persons taken to be landholders

Except in so far as the regulations otherwise provide, a class of persons that, immediately before the repeal of the definition of
"occupier" , was prescribed for the purposes of that definition is taken to be a class of persons prescribed by or determined in accordance with the regulations to be landholders for the purposes of the definition of
"landholder" .

66 Consents enabling the exercise of rights under mining titles

(1) In this clause,
"consent provision" means section 31, 49, 62 or 188.

(2) Rights referred to in a consent provision that were the subject of a written consent given under the consent provision before the date on which amendments made by the amending Act to the consent provision took effect may be exercised without the need to obtain consent under the consent provision as amended by the amending Act.

67 Notification of application for mineral claim

(1) A person--
(a) who, before the date on which amendments made by the amending Act to section 177 took effect, applied for a mineral claim over any land other than Crown land (within the meaning of that section, as in force immediately before that date), and

(b) whose application was not determined before that date,
must serve notice on any person entitled, under that section as amended by the amending Act, to be notified of a proposed application.

(2) Such a mineral claim is not to be granted unless a copy of a notice served as required by subclause (1) has been lodged in the same manner as the application.

(3) The notice is taken, for the purposes of section 179, as amended by the amending Act, to be a notice under section 177, as so amended.

68 Compensation arising under mineral claim or opal prospecting licence

The holder of a mineral claim or opal prospecting licence who, before the date on which amendments made by the amending Act to section 266 or 267, as the case may be, had met the requirements of the relevant section in order to be entitled to exercise the rights conferred by the claim or licence is taken to have met the requirements of the relevant section, as amended by the amending Act, to exercise those rights.

Part 6 - Provisions consequent on enactment of Survey (Geocentric Datum of Australia) Act 1999

69 Definition

In this Part, the
"amending Act" means the Survey (Geocentric Datum of Australia) Act 1999 .

70 Boundaries of exploration licences

(1) On the commencement of this clause, an exploration licence that is in force applies to an area of land (in so far as a graticular section or unit referred to in section 370 is used to specify the area) determined in accordance with section 371 as repealed and re-enacted by the amending Act.

(2) To the extent that, by the operation of subclause (1), the area to which an exploration licence in force on the commencement of this clause applies would include--
(a) land outside New South Wales, or

(b) land the subject of an authority or a mineral claim, or

(c) land the subject of an application for an authority or a mineral claim that was made before the commencement of this clause, or

(d) any other land over which, according to the provisions of Part 3 or of any other Act or law, the grant of an exploration licence is prohibited,
that land is excluded from the area.

(3) Land that, by operation of subclause (2), is excluded from the area to which an exploration licence applies because it is the subject of an authority or a mineral claim becomes subject to the exploration licence--
(a) if the authority or mineral claim ceases to have effect in relation to that land, and

(b) if, when it does so, the land is not then subject to a further authority or mineral claim.

(4) Land that, by operation of subclause (2), is excluded from the area to which an exploration licence applies because it is subject to a pending application for an authority or a mineral claim becomes subject to the exploration licence--
(a) if the application is subsequently refused or withdrawn, or

(b) if, when the authority or a mineral claim is granted, the land does not become subject to the authority or claim.

(5) On application made in writing, within 90 days after the commencement of this clause, by the holder of an exploration licence applying to an area from which any land has been excluded by the operation of subclause (1), the Minister, on being satisfied that, before the commencement of this clause, significant evidence of valuable mineral deposits existed in relation to the excluded land, may by order amend the licence so as to restore the whole or a specified part of the land excluded.

(6) An order may be made under subclause (5) even though the land restored would, but for the order, have been subject to another exploration licence.

(7) A person dissatisfied with the decision of the Minister on an application under this clause may appeal to the Land and Environment Court. In determining the appeal, the Court has all the functions of the Minister under this clause.

(8) No compensation is payable to any person for loss or damage arising from the operation of this clause.

71 Applications for exploration licences

On the commencement of this clause, a pending application for an exploration licence applies to an area of land (in so far as a graticular section or unit referred to in section 370 is used to specify the area) determined in accordance with section 371 as repealed and re-enacted by the amending Act.

72 Boundaries of assessment leases

(1) On the commencement of this clause, an assessment lease that is on foot applies to an area of land (in so far as a graticular section or unit referred to in section 370 is used to specify the area) determined in accordance with section 371 as repealed and re-enacted by the amending Act.

(2) To the extent that, by the operation of subclause (1), the area to which an assessment lease that is on foot applies would include--
(a) land outside New South Wales, or

(b) land the subject of an authority or a mineral claim, or

(c) land the subject of an application for an authority or a mineral claim that was made before the commencement of this clause, or

(d) any other land over which, according to the provisions of Part 4 or of any other Act or law, the grant of an assessment lease is prohibited,
that land is excluded from the area.

(3) On application made in writing, within 90 days after the commencement of this clause, by the holder of an assessment lease applying to an area from which any land has been excluded by the operation of subclause (1), the Minister, on being satisfied that, before the commencement of this clause, significant evidence of valuable mineral deposits existed in relation to the excluded land, may by order amend the lease so as to restore the whole or a specified part of the land excluded.

(4) An order may be made under subclause (3) even though the land restored would, but for the order, have been subject to another assessment lease.

(5) A person dissatisfied with the decision of the Minister on an application under this clause may appeal to the Land and Environment Court. In determining the appeal, the Court has all the functions of the Minister under this clause.

(6) No compensation is payable to any person for loss or damage arising from the operation of this clause.

73 Applications for assessment leases

On the commencement of this clause, a pending application for an assessment lease applies to an area of land (in so far as a graticular section or unit referred to in section 370 is used to specify the area) determined in accordance with section 371 as repealed and re-enacted by the amending Act.

Part 7 - Provisions consequent on the enactment of the Mining and Petroleum Legislation Amendment Act 2000

74 Definition

In this Part,
"amending Act" means the Mining and Petroleum Legislation Amendment Act 2000 .

75 Authorities and claims over land in proximity to improvements

(1) Rights exercised under an exploration licence--
(a) at a time before the amendment made by the amending Act to section 31 took effect, and

(b) the exercise of which contravened that section, but would not have done if that amendment had been in force at the time,
are taken to have been exercised without contravention of that section, as in force at the time.

(2) Rights exercised under an assessment lease--
(a) at a time before the amendment made by the amending Act to section 49 took effect, and

(b) the exercise of which contravened that section, but would not have done if that amendment had been in force at the time,
are taken to have been exercised without contravention of that section, as in force at the time.

(3) A mining lease--
(a) that was granted at a time before the amendment made by the amending Act to section 62 took effect, and

(b) the grant of which contravened that section, but would not have done if that amendment had been in force at the time,
is taken to have been granted without contravention of that section, as in force at the time.

(4) A mineral claim--
(a) that was granted at a time before the amendment made by the amending Act to section 188 took effect, and

(b) the grant of which contravened that section, but would not have done if that amendment had been in force at the time,
is taken to have been granted without contravention of that section, as in force at the time.

(5) Subclauses (3) and (4) apply to a renewal of a mining lease or mineral claim in the same way as to its grant.

76 Conditions of mining titles

The Minister may, by instrument in writing served on the holder of an authority, mineral claim or opal prospecting licence in force at the commencement of this clause, vary the conditions of the authority, claim or licence so as to identify those conditions of the authority, claim or licence that are related to environmental management.

77 Direction affecting consolidated mining lease

The repeal by the amending Act of section 111 does not affect the operation of a condition that, immediately before the repeal of that section, continued to have effect by reason of that section.

Part 8 - Provisions consequent on enactment of Mining Amendment (Miscellaneous Provisions) Act 2004

78 Definition

In this Part--

"the 2004 Act" means the Mining Amendment (Miscellaneous Provisions) Act 2004 .

79 Existing mining subleases

(1) Section 83A does not render void any mining sublease (within the meaning of that section) that was in force immediately before the commencement of that section.

(2) Land the subject of any such mining sublease may nevertheless be taken into account for the purpose of determining a prescribed area (within the meaning of section 83A) in relation to any other mining sublease.

80 Mineral claims close to dwelling-houses

(1) The amendments made by the 2004 Act to section 188 do not affect any mineral claim that was in force before those amendments commenced.

(2) Subclause (1) does not apply to any mineral claim that is renewed after the commencement of the amendments referred to in that subclause.

81 Conditions to which mineral claims are subject

The amendments made by the 2004 Act to section 192 do not affect any mineral claim that was in force before those amendments commenced, and any such mineral claim remains subject to the same conditions as those to which it was subject before those amendments commenced.

82 Conditions to which opal prospecting licences are subject

The substitution by the 2004 Act of section 229 does not affect any opal prospecting licence that was in force before that section was substituted, and any such licence remains subject to the same conditions as those to which it was subject before that section was substituted.

83 Liability for matters arising in relation to authorities and mineral claims

Sections 171 and 218, as substituted by the 2004 Act, extend to anything done or omitted to be done, as referred to in those sections, before those sections were substituted.

84 Entry permits

Section 259, as amended by the 2004 Act, extends to permits in force immediately before that section was amended.

85 General immunity of landholders

Section 383C, as inserted by the 2004 Act, extends to anything done or omitted to be done, as referred to in that section, before that section was inserted.

Part 9 - Provisions consequent on the enactment of the Coal Acquisition Legislation Repeal Act 2007

86 Definitions

In this Part--

"Board" means the New South Wales Coal Compensation Board established under the 1985 Arrangements.

"the 1985 Arrangements" means the Coal Acquisition (Compensation) Arrangements 1985 , as in force immediately before the commencement of this Part.

"the 1990 Act" means the Coal Ownership (Restitution) Act 1990 , as in force immediately before the commencement of this Part.

"the 1997 Order" means the Coal Acquisition (Re-acquisition Arrangements) Order 1997 , as in force immediately before the commencement of this Part.

"Tribunal" means the New South Wales Coal Compensation Review Tribunal established under the 1985 Arrangements.

87 Abolition of Board and Tribunal

(1) The Board and the Tribunal are abolished.

(2) Any person who, immediately before the commencement of this Part, held office as a member of the Board or the Tribunal ceases to hold office as such on that commencement.

(3) A person who ceases to hold office pursuant to this clause is not entitled to compensation because of that loss of office.

88 Assets of the Board

Any assets that, immediately before the commencement of this Part, were available for use for the purposes of the Board become available, on that commencement, for use for the purposes of the Department.

89 Annual report

(1) The Board's obligations with respect to the preparation of annual reports under clause 7 of the 1985 Arrangements are taken to have become, on the commencement of this Part, the Director-General's obligations.

(2) A report prepared by the Director-General pursuant to such an obligation in relation to any period may form part of the Department's report under the Annual Reports (Departments) Act 1985 in relation to the same period.

90 Pending claims under the 1985 Arrangements

(1) Any claim under the 1985 Arrangements that had not been determined before the commencement of this Part is to be determined by the Director-General.

(2) The provisions of the 1985 Arrangements apply to--
(a) the determination of such a claim, and

(b) the payment of compensation in connection with such a claim,
as if references in those provisions to the Board were references to the Director-General.

91 Pending appeals under the 1985 Arrangements

(1) Any appeal under the 1985 Arrangements that had not been determined before the commencement of this Part is to be determined by the Land and Environment Court.

(2) The provisions of the 1985 Arrangements apply to the determination of such an appeal as if references in those provisions to the Tribunal were references to the Land and Environment Court.

(3) In particular, the costs incurred by a party in respect of such an appeal are to be borne by that party, as provided by clause 12 of Schedule 3 to the 1985 Arrangements, and are not to be the subject of any order by the Land and Environment Court.

(4) Proceedings on such an appeal are taken to be proceedings in Class 3 of the Land and Environment Court's jurisdiction.

(5) Rules may be made under the Land and Environment Court Act 1979 in relation to such an appeal.

92 New appeals under the 1985 Arrangements

(1) A person may, in accordance with the 1985 Arrangements, appeal to the Land and Environment Court against--
(a) any determination or refusal of a claim following a decision made by the Board before the commencement of this Part, or

(b) any determination or refusal of a claim following a decision made by the Director-General on or after the commencement of this Part.

(2) The provisions of the 1985 Arrangements apply to the determination of such an appeal as if--
(a) references in those provisions to the Tribunal were references to the Land and Environment Court, and

(b) references in those provisions to the Board, in relation to any decision referred to in subclause (1) (b), were references to the Director-General.

(3) In particular--
(a) the fee for filing a process to commence such an appeal is the fee prescribed by the 1985 Arrangements, and not the fee prescribed under the Land and Environment Court Act 1979 , and

(b) the costs incurred by a party in respect of such an appeal are to be borne by that party, as provided by clause 12 of Schedule 3 to the 1985 Arrangements, and may not be the subject of any order by the Land and Environment Court.

(4) Proceedings on such an appeal are taken to be proceedings in Class 3 of the Land and Environment Court's jurisdiction.

(5) Rules may be made under the Land and Environment Court Act 1979 in relation to such an appeal.

93 Pending applications under the 1997 Order

(1) Any application under the 1997 Order that had not been determined before the commencement of this Part is to be determined by the Director-General.

(2) The provisions of the 1997 Order and 1985 Arrangements apply to--
(a) the determination of such an application, and

(b) the payment of compensation in connection with such an application,
as if references in those provisions to the Board were references to the Director-General.

94 Pending appeals under the 1997 Order

(1) Any appeal under the 1997 Order that had not been determined before the commencement of this Part is to be determined by the Land and Environment Court.

(2) The provisions of the 1997 Order and 1985 Arrangements apply to the determination of such an appeal as if references in those provisions to the Tribunal were references to the Land and Environment Court.

(3) In particular, the costs incurred by a party in respect of such an appeal are to be borne by that party, as provided by clause 12 of Schedule 3 to the 1985 Arrangements, and are not to be the subject of any order by the Land and Environment Court.

(4) Proceedings on such an appeal are taken to be proceedings in Class 3 of the Land and Environment Court's jurisdiction.

(5) Rules may be made under the Land and Environment Court Act 1979 in relation to such an appeal.

95 New appeals under the 1997 Order

(1) A person may, in accordance with the 1997 Order, appeal to the Land and Environment Court against--
(a) any determination or refusal of a claim following a decision made by the Board before the commencement of this Part, or

(b) any determination or refusal of a claim following a decision made by the Director-General on or after the commencement of this Part.

(2) The provisions of the 1997 Order and 1985 Arrangements apply to the determination of such an appeal as if--
(a) references in those provisions to the Tribunal were references to the Land and Environment Court, and

(b) references in those provisions to the Board, in relation to any decision referred to in subclause (1) (b), were references to the Director-General.

(3) In particular--
(a) the fee for filing a process to commence such an appeal is the fee prescribed by the 1997 Order, and not the fee prescribed under the Land and Environment Court Act 1979 , and

(b) the costs incurred by a party in respect of such an appeal are to be borne by that party, as provided by clause 12 of Schedule 3 to the 1985 Arrangements, and may not be the subject of any order by the Land and Environment Court.

(4) Proceedings on such an appeal are taken to be proceedings in Class 3 of the Land and Environment Court's jurisdiction.

(5) Rules may be made under the Land and Environment Court Act 1979 in relation to such an appeal.

96 Pending applications under the 1990 Act

(1) Any application under the 1990 Act that had not been determined before the commencement of this Part is to be determined by the Director-General.

(2) The provisions of the 1990 Act apply to--
(a) the determination of such an application, and

(b) the refund of compensation in connection with the granting of such an application,
as if references in those provisions to the Board were references to the Director-General.

Part 10 - Provisions consequent on enactment of Mining Amendment Act 2008

97 Definition

In this Part--

"the 2008 Act" means the Mining Amendment Act 2008 .

98 Existing private mining

(1) Sections 6, 8, and 9, as in force immediately before their repeal by the 2008 Act, continue to apply to a person who, immediately before the repeal, was entitled under section 8 or 9 to prospect for or mine any privately owned minerals or coal.

(2) Sections 20, 39, 60 and 185, as in force immediately before their repeal by the 2008 Act, continue to apply to applications for authorisations over land if, immediately before the repeal of those sections, a person was entitled under section 8 to prospect for or mine any privately owned minerals.

(3) Sections 240 and 240A, as inserted by the 2008 Act, apply to or in respect of activities carried out under section 8 (as continued in force by this clause) in the same way that they apply to or in respect of activities carried out under an authorisation.

(4) Sections 261F- 261I, as inserted by the 2008 Act, apply to a security lodged or required to be lodged under section 8 (as continued in force by this clause) in the same way that they apply to or in respect of a security deposit provided under a security deposit condition.

(5) Sections 5 and 6, as inserted by the 2008 Act, do not apply to or in respect of the prospecting, mining or carrying out of mining purposes in the course of prospecting for or mining privately owned minerals by a person referred to in subclause (1).

(6) This clause ceases to apply in respect of a person 12 months after it commences or if the person becomes the holder of an authorisation in respect of the land on which the privately owned minerals or coal are located before the expiry of that period.

99 Existing mining purposes

(1) Section 6, as inserted by the 2008 Act, does not apply to or in respect of a mining purpose that was carried out, or in the course of construction, immediately before the commencement of that section.

(2) This clause ceases to have effect in relation to a mining purpose on the earlier of the following events--
(a) the end of the period of 5 years following the commencement of section 6,

(b) if the mining purpose is abandoned for a continuous period of 12 months (other than for repair or maintenance).

100 Declarations that activities are not prospecting or mining

A regulation in force under section 11A (1) immediately before its substitution by the 2008 Act continues in force and is taken to have been made under that subsection as substituted by the 2008 Act.

101 Existing applications relating to authorisations

(1) An application for an authorisation, or for the transfer or renewal of an authorisation, that was not determined before the commencement of this clause and that complied with this Act, as in force before its amendment by the 2008 Act, is taken to have been duly made under this Act, as amended by the 2008 Act.

(2) Notice is not required to be given of an application referred to in subclause (1) if such notice was not required to be given before the amendment of this Act by the 2008 Act.

102 Term of existing authorisations

Sections 27, 45 and 71, as in force before the substitution of those sections by the 2008 Act, continue to apply to an authority in force immediately before that substitution.

103 Prospecting activities under authorisations

Regulations may be made for or with respect to the following--

(a) the prospecting operations that may be carried out under an authorisation in force immediately before the substitution of section 29 by the 2008 Act,

(b) deeming particular prospecting operations, permitted under existing authorisations, to be the subject of an order by the Minister under section 29, as substituted by the 2008 Act.

104 Existing disputes subject to a warden's inquiry

(1) This clause applies to a dispute referred to a warden for determination under section 31, 49, 62, 165, 170, 188, 212 or 217 and not determined before the commencement of this clause.

(2) A dispute to which this clause applies is to continue to be dealt with as if the provision of this Act under which it is being dealt with had not been amended by the 2008 Act.

105 Mining subleases

(1) A mining sublease that was registered, or taken to be registered, under section 161 of this Act, and in force, immediately before the commencement of section 163A of this Act must be registered by the sublessee under section 163A not later than 3 months after the commencement of that section.

(2) A mining sublease referred to in subclause (1) ceases to be registered under section 161 on being registered under section 163A or 3 months after the commencement of that section, whichever is the earlier.

106 Existing mineral claims outside mineral claims districts

(1) A mineral claim over land that is outside a mineral claims district, and that was in force immediately before the commencement of this clause, is taken to be a mining lease over that land.

(2) An application for a mineral claim over land that is outside a mineral claims district that was not determined before the commencement of this clause is taken to be an application for a mining lease under this Act.

(3) The regulations may make provision for or with respect to the application of this Act to a mining lease referred to in subclause (1), and may, for that purpose, modify the application of this Act or the regulations.

107 Restrictions on grant of opal prospecting licence

Section 227, as amended by the 2008 Act, applies to and in respect of an application for an opal prospecting licence made before the commencement of that amendment in the same way as it applies to and in respect of an application for an opal prospecting licence made on or after that commencement.

108 Assessment of compensation in relation to mineral claims and opal prospecting licences

Sections 266-267, as inserted by the 2008 Act, apply to and in respect of a mineral claim or opal prospecting licence granted before the commencement of those sections in the same way as they apply to and in respect of a mineral claim or opal prospecting licence granted after that commencement, but do not affect any compensation determined or payable before that commencement in respect of any such mineral claim or opal prospecting licence.

109 Compensation arising under mineral claim or opal prospecting licence

The holder of a mineral claim or opal prospecting licence who, before the commencement of section 266 as substituted by the 2008 Act, had met the requirements of section 266 or 267 (as in force before the substitution) that had to be met in order to be entitled to exercise the rights conferred by the claim or licence is taken, with respect to that claim or licence, to have met the requirements imposed on the holder of an authorisation under section 266.

110 Suspended authorisations

The provisions of this Act applying to the suspension of an authorisation, as in force before the commencement of this clause, continue to apply to or in respect of an authorisation that was the subject of a suspension immediately before that commencement.

111 Limitation of challenges to decisions with respect to authorities and opal prospecting licences

Sections 137, 210B and 234A, as substituted or inserted by the 2008 Act, apply to an authority, mineral claim or opal prospecting licence in force immediately before the section commenced but do not apply to any decision made before that commencement.

112 Existing directions

(1) A direction given under section 240, and having effect immediately before the substitution of that section by the 2008 Act, continues in force and may be enforced under sections 241 and 242 of this Act, as in force before that substitution.

(2) A direction given under section 245, and having effect immediately before the substitution of that section by the 2008 Act, continues in force and may be enforced under section 246 of this Act, as in force before that substitution.

113 Security deposits

(1) A condition of an authorisation in force immediately before the commencement of Part 12A of this Act that required a security deposit to be provided is taken to be a condition imposed under that Part and is taken to comply with that Part.

(2) Part 12A applies to a security deposit provided, and not released, under this Act immediately before the commencement of that Part and any such security deposit is taken to comply with that Part.

115 Addition or variation of conditions as a consequence of planning approval

Section 168A, as inserted by the 2008 Act, applies to an authorisation in force immediately before the commencement of that section.

116 Evidentiary certificates

An evidentiary certificate given under section 172 of the Act before its repeal by the 2008 Act is taken to have been given under section 378ZG.

117 Lodgment fees

A fee that, immediately before the substitution of section 382A of this Act by the 2008 Act, was a fee determined by the Minister under that section is taken to be the lodgment or application fee prescribed by the regulations for the purposes of the relevant provision of the Act or regulations, until a fee is prescribed by the regulations.

118 Matters referred to mining registrars

Any decision or other matter referred to a mining registrar before the commencement of this clause and not finally made or otherwise finally dealt with before that commencement is to be made or otherwise dealt with by the Director-General.

118A Delegations of functions under Environmental Planning and Assessment Act 1979

(1) This clause applies to the exercise of a function purported to be delegated by the Minister under section 153A of the Environmental Planning and Assessment Act 1979 before the substitution of section 363 (1) of this Act by the 2008 Act, whether the delegation was for the purposes associated with functions under this Act or any other Act administered by the Minister.

(2) The delegation of any such function is taken to have been validly done on and from the date of the delegation if the delegation could have been made had section 363 (1), as so substituted been in force when the delegation was made.

119 Enforcement provisions

Divisions 3 and 4 of Part 17A, as inserted by the 2008 Act, apply to or in respect of offences committed before the commencement of those Divisions but do not apply to or in respect of any proceedings commenced before that commencement.

Part 11 - Provisions consequent on enactment of Mining Amendment (Improvements on Land) Act 2008

122 Consent to mining leases and application of amending Act to pending applications

(1) If, in relation to an application for a mining lease that was lodged before the commencement of this clause--
(a) the owner of any improvement situated on the land to which the application relates was notified of the application in accordance with clause 21 (3) and (4) of Schedule 1, and

(b) the 28-day period (as referred to in clause 21 (4) (c) of that Schedule) ended on or at any time before 7 August 2008, and

(c) the owner did not, within that 28-day period, make a claim under clause 23A of that Schedule in relation to the improvement,
the owner of the improvement is, to the extent that the owner's consent to the granting of the lease was required because of section 62 (1) (c) of this Act (as in force immediately before the commencement of this clause), taken to have given that consent.

(2) Subclause (1) applies regardless of whether the mining lease the subject of the application was granted before the commencement of this clause.

(3) Any mining lease granted before the commencement of this clause that would have been validly granted if subclause (1) had been in force when it was granted is validated. To remove doubt, this subclause extends to any mining lease that may otherwise be invalid because of the decision of the New South Wales Court of Appeal in Ulan Coal Mines v Minister for Mineral Resources [#38] Anor[2008[#93] NSWCA 174 or any order resulting from that decision.

(4) If, in relation to an application for a mining lease that was lodged, but not determined, before the commencement of this clause--
(a) the owner of any improvement situated on the land to which the application relates was notified of the application in accordance with clause 21 (3) and (4) of Schedule 1, and
(b) the 28-day period (as referred to in clause 21 (4) (c) of that Schedule) did not end before 8 August 2008,
the amendments made by the Mining Amendment (Improvements on Land) Act 2008 are taken to apply to and in respect of the application.

(5) In the case of any such pending application as referred to in subclause (4), the 28-day period within which a claim may be made under clause 23A of Schedule 1 is, despite the date on which the notice was served, taken to start on the commencement of this clause.

(6) Except to the extent as otherwise provided by this clause, the amendments made by the Mining Amendment (Improvements on Land) Act 2008 extend to an application for a mining lease that was lodged, but not determined, before the commencement of this clause.

Part 12 - Provisions consequent on enactment of Courts and Crimes Legislation Further Amendment Act 2008

123 Definitions

In this Part--

"2008 amending Act" means the Courts and Crimes Legislation Further Amendment Act 2008 .

"abolition date" means the date on which Part 15 is substituted by the 2008 amending Act.

124 Abolition of Warden's Courts

Each Warden's Court is abolished.

125 Wardens

(1) The offices of chief warden and warden are abolished.

(2) A person who was a warden immediately before the abolition date does not cease to hold office as a Magistrate merely because of the abolition of the office of warden.

126 Pending proceedings

(1) Proceedings commenced before a warden that have not been disposed of before the abolition date are to be dealt with by that person as if the 2008 amending Act had not been enacted and as if that person were still a warden.

(2) Proceedings commenced before a Warden's Court that have not been disposed of before the abolition date are to be dealt with by a Local Court as if the 2008 amending Act had not been enacted and as if that Court were a Warden's Court.

127 Orders, directions and injunctions

Any order, direction or injunction that was made, given or issued by a warden or Warden's Court before the abolition date is taken to have been made, given or issued by the Land and Environment Court and may be enforced accordingly.

128 References to wardens and Wardens' Courts

Subject to the regulations, a reference in any Act or instrument to a warden or Warden's Court within the meaning of this Act is to be read as a reference to the Land and Environment Court.

Part 13 - Provisions consequent on enactment of Mining and Petroleum Legislation Amendment (Land Access) Act 2010

132 Definition

In this Part--

"the amending Act" means the Mining and Petroleum Legislation Amendment (Land Access) Act 2010 .

133 Existing land access arrangement

(1) A land access arrangement purporting to have been agreed or determined under Division 2 of Part 8 of this Act before the commencement of the amending Act that would have been a valid arrangement if agreed or determined after that commencement is taken to be (and always to have been) a valid arrangement under that Division.

(2) Any action purportedly taken before the commencement of the amending Act in relation to a proposed access arrangement under that Division that would have been validly taken after that commencement is taken to have been (and always to have been) validly taken under that Division.

(3) Any amendment made by the amending Act that requires the agreement for an access arrangement to be in writing does not affect the operation of any access arrangement, in force immediately before the commencement of that amendment, that was agreed to orally.

(4) This clause does not affect any order of a court made before the commencement of the amending Act.

134 Existing mining authorities

(1) In this clause--

"mining authority" means an authority or other authorisation granted under this Act or any prospecting area constituted under this Act.

(2) A mining authority purporting to have been granted or constituted under this Act before the commencement of the amending Act that would have been a valid mining authority if granted or constituted after that commencement is taken to be (and always to have been) a valid mining authority under this Act.

(3) Any action purportedly taken before the commencement of the amending Act in relation to a proposed mining authority under this Act that would have been validly taken after that commencement is taken to have been (and always to have been) validly taken under this Act.

(4) This clause does not affect any order of a court made before the commencement of the amending Act.

Part 14 - Provision consequent on enactment of Personal Property Securities Legislation Amendment Act 2010

135 Application of sections 218B and 235F

(1) Section 218B (as inserted by the Personal Property Securities Legislation Amendment Act 2010 ) applies only in relation to mineral claims granted or renewed after the commencement of the section.

(2) Section 235F (as inserted by the Personal Property Securities Legislation Amendment Act 2010 ) applies only in relation to opal prospecting licences granted after the commencement of the section.

Part 15 - Provisions consequent on enactment of Courts and Crimes Legislation Further Amendment Act 2010

136 Application of amendments

Section 62 and clauses 23A and 23B of Schedule 1 (as in force immediately before the commencement of Schedule 16 to the Courts and Crimes Legislation Further Amendment Act 2010 ) continue to apply in relation to a claim made under clause 23A of Schedule 1 before that commencement.

Part 16 - Provisions consequent on enactment of State Revenue and Other Legislation Amendment (Budget Measures) Act 2012

137 Definitions

In this Part--

"amending Act" means the State Revenue and Other Legislation Amendment (Budget Measures) Act 2012 .

"2008 amending Act" means the Mining Amendment Act 2008 .

138 Security deposit conditions

(1) An amendment made to Part 12A by the amending Act applies in respect of the imposition or variation of a security deposit condition on or after the commencement of the amendment.

(2) An amendment made to Part 12A does not affect the validity of any requirement of a security condition imposed before the commencement of the amendment, including a requirement of a condition referred to in clause 139.

139 Validation

A condition of an authorisation requiring the holder of the authorisation to provide or maintain a security in respect of the authorisation that was imposed or varied, or purportedly imposed or varied, under this Act on or after the commencement of Part 12A of this Act (15 November 2010) that would have been validly imposed or varied if the amendments made to this Act by the 2008 amending Act had not been made is taken to have been, and to have always been, validly imposed or varied under Part 12A.

140 Levies required under existing orders

(1) On the commencement of Part 14A, as inserted by the amending Act, an order made under section 175 or 223A, to the extent that it requires the payment of a levy on the grant or renewal of an authorisation, applies only in respect of a grant or renewal that took effect before that commencement.

(2) A levy payable under such an order is to be applied as provided for by the order.

141 Payment of annual rental fee and administrative levy by existing authorisation holder

(1) The requirements of Part 14A with respect to payment of an annual rental fee or administrative levy extend to an authorisation granted before 1 July 2012 that is in force on 1 July 2012 (an
"existing authorisation" ).

(2) Accordingly--
(a) for an existing authorisation (other than exempt authorisations), liability for an annual rental fee arises on each grant anniversary date that occurs on or after 1 July 2012, and

(b) for an existing authorisation (other than a small-scale title), liability for an annual administrative levy arises on each grant anniversary date that occurs on or after 1 July 2012, and

(c) for an existing authorisation that is a mineral claim, liability for a term administrative levy arises on the renewal of the mineral claim.

142 Payment in advance of annual rental fee and administrative levy

(1) The Minister may waive the requirement under Part 14A that an annual rental fee or administrative levy for which liability will arise on the grant or renewal of an authorisation be paid in advance before the authorisation is granted or renewed.

(2) Accordingly, the decision-maker may grant or renew the authorisation concerned even though the annual rental fee or administrative levy has not been paid.

(3) If the Minister waives the requirement for payment in advance, the fee or levy concerned must be paid within the period (of not less than 7 days) specified by the Secretary by notice in writing served on a person liable.

(4) This clause applies only in respect of liability arising before 1 October 2012 (or such later date as may be prescribed by the regulations).

Part 17 - Provisions consequent on enactment of Mining Amendment (Development Consent) Act 2013

143 Existing mining leases

(1) This clause applies to a mining lease granted before the commencement of the Mining Amendment (Development Consent) Act 2013 for which an appropriate development consent was required under section 65.

(2) If a development consent was in force in relation to land over which the mining lease was granted when the lease was granted and the development consent related to any of the activities permitted under the lease by this Act, the grant of the mining lease is taken to comply, and to always have complied, with the requirements of section 65.

(3) To avoid doubt and without limiting subclause (2), a development consent related to a mining purpose permitted under a mining lease granted in respect of a mineral or minerals is sufficient for the purposes of that subclause even if the development consent is not for the mining of a mineral or minerals.

(4) This clause applies to a mining lease even if the mining lease is or has been found to be invalid because of a contravention of the requirements of section 65.

Part 18 - Provisions consequent on enactment of Mining Amendment (ICAC Operations Jasper and Acacia) Act 2014

144 Increased penalty for failure to report

(1) The amendment of section 163C (Reports) by the Mining Amendment (ICAC Operations Jasper and Acacia) Act 2014 extends to a failure occurring after the commencement of the amendment to prepare or lodge a report in respect of matters occurring before that commencement.

(2) The amendment of section 378H by the Mining Amendment (ICAC Operations Jasper and Acacia) Act 2014 does not apply to an offence under section 163C (3) as in force before its substitution by that Act.

Part 19 - Provisions consequent on enactment of Mining and Petroleum Legislation Amendment Act 2014

145 Operation of planning amendments

(1) Section 380AA (Restrictions on planning applications for coal mining) extends to any application for development consent, or modification of development consent, that was made (but not determined) before the date of assent to the Mining and Petroleum Legislation Amendment Act 2014 .

(2) Section 380A (4) (as enacted by the Mining and Petroleum Legislation Amendment Act 2014 ) extends to permit the Minister to refuse the grant, renewal or transfer of a mining lease even if the development consent that would otherwise have prevented refusal was granted before the date of assent to the Mining and Petroleum Legislation Amendment Act 2014 .

146 Operation of fit and proper person test

Section 380A (as enacted by the Mining and Petroleum Legislation Amendment Act 2014 ) applies to any decision made after the commencement of that section, including--

(a) a decision with respect to an application or other matter that was pending on that commencement, and

(b) a decision based on conduct that occurred, or on a matter that arose, before that commencement.

147 Matters of which decision-maker to be satisfied

An amendment made to section 22, 23, 41, 63, 64, 114, 121 or 125 by the Mining and Petroleum Legislation Amendment Act 2014 applies to any decision made after the commencement of the amendment, including--

(a) a decision with respect to a matter that was pending on that commencement, and

(b) a decision based on conduct that occurred, or on a matter that arose, before that commencement.

Part 20 - Provisions consequent on enactment of State Revenue and Other Legislation Amendment (Budget Measures) Act 2014

148 Definition

In this Part--

"Budget Measures Act" means the State Revenue and Other Legislation Amendment (Budget Measures) Act 2014 .

149 Assessment and recovery of royalties under Taxation Administration Act 1996

(1) An amendment made to this Act or the regulations by the Budget Measures Act applies only to royalty under this Act that is payable in respect of a period that commences on or after the commencement of the amendment.

(2) This Act and the regulations, as in force before such an amendment, continue to apply to royalty in respect of a period commencing before the commencement of the amendment.

150 Requirements to pay royalty to the Minister

(1) A requirement imposed by or under this Act to pay royalty under this Act to the Minister is taken, from the relevant commencement date, to be a requirement to pay royalty under this Act to the Crown.

(2) A reference in any document to royalty payable to the Minister under this Act is taken, from the relevant commencement date, to be a reference to royalty payable to the Crown under this Act.

(3) In this clause, the
"relevant commencement date" means the date of commencement of section 291A, as inserted by the Budget Measures Act.

151 Continuation of special arrangements for returns

(1) An authority given to the holder of a mining lease under section 289 (2) that would, but for the substitution of that subsection by the Budget Measures Act, have effect in respect of royalty payable for a period commencing on or after 1 July 2014 is taken, on that substitution, to be an approval given by the Chief Commissioner under section 37 of the Taxation Administration Act 1996 .

(2) The Chief Commissioner may vary or cancel that approval in accordance with that Act.

Part 21 - Provisions consequent on enactment of Mining Amendment (Small-Scale Title Compensation) Act 2014

152 Validation of scheme for the collection of funds from small-scale title holders

(1) In this clause--

"Department" includes a predecessor of the Department.

"the Scheme" means the scheme established within the Department to provide for the voluntary surrender of land held under Western Lands leases to facilitate the grant of leases for residence to cover the area of mineral claims known as residential mineral claims, and for the payment of compensation in connection with any such voluntary surrender.

(2) Money collected by, or on behalf of, the Department from holders of small-scale titles before the commencement of this clause, was lawfully collected if it was collected for the purposes of the Scheme.

(3) Money expended, whether before or after the commencement of this clause, from money referred to in subclause (2) is lawfully expended if it is expended for the purposes of the Scheme including for purposes ancillary to the Scheme.

153 Agreements taken to be compensation agreements

An agreement, between a landholder and the holder of a small-scale title under section 266 (2) (a) or 267 (2) (a), that was in force immediately before the substitution of section 266 by the Mining Amendment (Small-Scale Title Compensation) Act 2014 is taken, on that substitution, to be a compensation agreement under section 266.

154 Appeals

Section 278 (2) as repealed by the Mining Amendment (Small-Scale Title Compensation) Act 2014 continues to apply in respect of an assessment of compensation made before that repeal.

Part 22 - Provisions consequent on enactment of Mining and Petroleum Legislation Amendment (Grant of Coal and Petroleum Prospecting Titles) Act 2015

155 Definition

In this Part,
"2015 amending Act" means the Mining and Petroleum Legislation Amendment (Grant of Coal and Petroleum Prospecting Titles) Act 2015 .

156 Existing consents and pending applications

(1) An application for the consent of the Minister under section 13 (3) made before the commencement of section 13 (3A) and relating to coal is to be dealt with as if the 2015 amending Act had not been enacted.

(2) Section 13 (3) continues to apply (as if the 2015 amending Act had not been enacted) to and in respect of an application for an exploration licence, or assessment lease, for coal for which the consent of the Minister is in force immediately before the commencement of section 13 (3A) or that is given after that commencement pursuant to an application for consent made before that commencement.

Part 23 - Provisions consequent on enactment of Mining and Petroleum Legislation Amendment (Harmonisation) Act 2015

157 Definition

In this Part--

"2015 amending Act" means the Mining and Petroleum Legislation Amendment (Harmonisation) Act 2015 .

158 Pending applications

An application for an authorisation, or transfer or renewal of an authorisation, made but not decided before the commencement of this clause and that complied with this Act, as in force before the Act's amendment by the 2015 amending Act, is taken to have been duly made under this Act, as amended.

159 Existing conditions

Subject to this Part, a condition of an authorisation, in force under section 26, 44, 70, 238 or 239 immediately before the repeal of that section by the 2015 amending Act, continues to have effect and is taken to be a condition imposed under Schedule 1B.

160 Existing suspension of condition of authorisation

A condition of an authorisation that was, immediately before the repeal of section 168 by the 2015 amending Act, suspended, is taken to have been suspended under clause 14 of Schedule 1B, on the date of the original suspension.

161 Existing "activity approval" conditions in exploration licences and assessment leases

(1) Any condition to which an exploration licence was subject immediately before the commencement of section 23A, as inserted by the 2015 amending Act, that requires approval to carry out operations and that is identified in the licence using 1 of the following phrases is void--
(a) Category 1 prospecting operations,

(b) Category 2 prospecting operations,

(c) Category 3 prospecting operations,

(d) assessable prospecting operations.

(2) However, an approval granted pursuant to a condition referred to in subclause (1) that was in force immediately before the commencement of this clause is taken to be an activity approval granted under section 23A and can be varied or voluntarily cancelled accordingly.

(2A) Each of the conditions of such an approval is taken to be a term of that activity approval and can be varied accordingly.

(3) An application for approval to carry out prospecting operations made in compliance with a condition referred to in subclause (1), being an application that had not been dealt with before the commencement of section 23A (as inserted by the 2015 amending Act), is to be dealt with in accordance with section 23A, as if it had been made under that section.

(4) Any condition to which an assessment lease was subject immediately before the commencement of section 44A, as inserted by the 2015 amending Act, that requires approval to carry out operations and that is identified in the licence using 1 of the following phrases is void--
(a) Category 1 prospecting operations,

(b) Category 2 prospecting operations,

(c) Category 3 prospecting operations,

(d) assessable prospecting operations.

(5) However, an approval granted pursuant to a condition referred to in subclause (4) that was in force immediately before the commencement of this clause is taken to be an activity approval granted under section 44A and can be varied or voluntarily cancelled accordingly.

(5A) Each of the conditions of such an approval is taken to be a term of that activity approval and can be varied accordingly.

(6) An application for approval to carry out prospecting operations made in compliance with a condition referred to in subclause (4), being an application that had not been dealt with before the commencement of section 44A (as inserted by the 2015 amending Act), is to be dealt with in accordance with section 44A, as if it had been made under that section.

(7) For the avoidance of doubt, compliance with section 23A or 44A is required in respect of any assessable prospecting operation (within the meaning of the section concerned) carried out after the commencement of the section, even if it began before the commencement of the section.

162 Existing directions to rehabilitate land

A direction given under section 240, as in force before its amendment by the 2015 amending Act, and having effect immediately before that amendment, continues in force after that amendment as if section 240 had not been substituted.

164 Existing notices and conditions

Section 378C, as inserted by the 2015 amending Act, extends to information given after the commencement of that section in compliance with a notice given or condition imposed under this Act before the commencement of that section if the time by which, or period within which, the notice or condition must have been complied with had not expired immediately before that commencement.

165 Time for commencement of proceedings

Section 378I, as in force before the amendment of that section by the 2015 amending Act, continues to apply in relation to proceedings for offences alleged to have been committed before the commencement of the amendments.

Part 24 - Provisions consequent on enactment of Mining and Petroleum Legislation Amendment (Land Access Arbitration) Act 2015

166 Definition

In this Part,
"2015 amending Act" means the Mining and Petroleum Legislation Amendment (Land Access Arbitration) Act 2015 .

167 Application of amendments relating to general arbitration procedures to existing access arrangements and proposed access arrangements

(1) This clause applies to a proposed access arrangement for which notice had been given under section 142 before the commencement of this clause, but which was not agreed or determined before that commencement.

(2) Sections 144 (2), 145, 146, 147, 148 (1) and 155 (1), as in force immediately before their amendment, substitution or repeal by the 2015 amending Act continue to apply to access arrangements and proposed access arrangements to which this clause applies.

(3) Sections 145A, 145B, 148B and 156A do not apply to access arrangements and proposed access arrangements to which this clause applies.

168 Application of amendments relating to costs to existing access arrangements and proposed access arrangements

(1) This clause applies to a proposed access arrangement for which notice had been given under section 142 before the commencement of this clause, but which has not been agreed or determined before that commencement.

(2) Sections 141 (2A) and 152 (1) as in force immediately before their repeal by the 2015 amending Act continue to apply to access arrangements and proposed access arrangements to which this clause applies.

(3) Sections 142 (2A)-(2D), 148C, 151A and 158A do not apply to access arrangements and proposed access arrangements to which this clause applies.

169 Application of amendments relating to costs in Land and Environment Court

Sections 31 (6), 49 (6), 62 (6B) and 155 (8) and (9), as inserted by the 2015 amending Act, do not apply to proceedings in the Land and Environment Court commenced, but not finally determined, before the commencement of this clause.

170 Application of amendments relating to the definition of "significant improvement"

The substitution of the definition of
"significant improvement" in the Dictionary by the 2015 amending Act does not apply in relation to the following--

(a) any proceedings in the Land and Environment Court under section 31, 49, 62 or 188 that were commenced, but not finally determined, before the commencement of this clause,

(b) any proceedings in that Court in relation to a dispute concerning an access arrangement, or the variation of an access arrangement, for which notice had been given under section 142 before the commencement of this clause--
(i) that had not commenced before the commencement of this clause, or

(ii) that had commenced, but had not been finally determined, before the commencement of this clause.

Part 25 - Provisions consequent on enactment of Mining and Petroleum Legislation Amendment Act 2017

171 Definition

In this Part,
"the 2017 amending Act" means the Mining and Petroleum Legislation Amendment Act 2017 .

172 References to mining purposes

A reference in any Act, instrument or document to a mining purpose or mining purposes is taken to be a reference to an ancillary mining activity or ancillary mining activities, respectively.

173 Existing exempt ancillary mining activities

(1) For the avoidance of doubt, section 6, as substituted by the 2017 amending Act, does not apply to the carrying out of an ancillary mining activity that was a mining purpose exempted from the operation of section 6, as in force immediately before that substitution, by an order of the Minister published in the Gazette on 11 September 2015.

(2) Subclause (1) ceases to have effect on 15 November 2017.

(3) However, on and from 16 November 2017, section 6, as substituted by the 2017 amending Act, does not apply to the carrying out of an ancillary mining activity if--
(a) the activity is an ancillary mining activity referred to in subclause (1), and

(b) an application was lodged before 16 November 2017 for--
(i) the variation of a mining lease in respect of a mineral or minerals to impose a condition to regulate the ancillary mining activity, or

(ii) a mining lease in respect of an ancillary mining activity or activities only that would authorise the carrying out of the ancillary mining activity, and

(c) the application is pending final determination.

174 Applications relating to ancillary mining activities

(1) An application for the grant of a mining lease in respect of a mining purpose or mining purposes only, that has been made but not finally determined on the commencement of this clause is taken to be an application for the grant of a mining lease in respect of an ancillary mining activity or activities only.

(2) An applicant may withdraw any such application.

175 Publication of existing enforceable undertakings and relevant withdrawals and variations

The Secretary must publish, and make public, the following--

(a) a copy of an enforceable undertaking accepted by the Secretary before the commencement of this clause,

(b) notice of the withdrawal of an enforceable undertaking made before the commencement of this clause,

(c) notice and a copy of the variation of an enforceable undertaking made before the commencement of this clause.

176 Proceedings relating to enforceable undertakings

Sections 378H and Division 4B of Part 17A (as amended by the 2017 amending Act) extend to contraventions of enforceable undertakings that occurred before the commencement of those amendments (except where proceedings for a contravention have commenced before that commencement).

177 Lapsing of security deposit requirement and return of money

Section 261G (as amended by the 2017 amending Act) extends to money provided under a security deposit before the commencement of that amendment.

178 Pending applications for approval of transfer of authorisation

Clause 5 of Schedule 1B (as amended by the 2017 amending Act) extends to an application to approve the transfer of an authorisation that has been made but not finally determined on the commencement of that amendment.

179 Existing ancillary mining activities

Despite clause 7B (8) of Schedule 1B, section 62 (Dwelling-houses, gardens and significant improvements) of the Act does not apply to or in respect of an application for the variation of a mining lease in respect of a mineral or minerals to impose a condition that regulates the carrying out of an ancillary mining activity on land that is not within the mining area that is the subject of the mining lease if the carrying out of that ancillary mining activity--

(a) commenced before 15 November 2010, and

(b) has not ceased for a continuous period of 12 months since that date (other than for repair or maintenance).

Part 26 - Provisions consequent on enactment of Dams Safety Act 2015

180 Continuation of notification and consultation requirements in relation to dams safety

(1) The amendments made to this Act by the Dams Safety Act 2015 do not apply in relation to an application for a mining lease that--
(a) was made but not granted before the commencement of this clause, or

(b) is subsequently made after that commencement,
and accordingly this Act continues to apply in relation to any such application as if it had not been so amended.

(2) However, subclause (1) does not apply if an application for development consent for the carrying out of mining operations on land to which the proposed mining lease relates has been referred to Dams Safety NSW under section 48 of the Dams Safety Act 2015 .

(3) This clause is subject to the regulations.

Part 27 - Provisions consequent on enactment of Mining and Petroleum Legislation Amendment Act 2022

181 Definition

In this Part--

"2022 amending Act" means the Mining and Petroleum Legislation Amendment Act 2022 .

182 Exempted areas--sections 30 and 48

(1) Sections 30(1) and 48(1), as substituted by the 2022 amending Act, extend to the holder of an exploration licence or assessment lease who applied to the Minister for consent under the section if the application was not finally determined immediately before the amendments commenced.

(2) Sections 30(1) and 48(1), as substituted by the 2022 amending Act, do not extend to the holder of an exploration licence or assessment lease who applied to the Minister for consent under the section if the application was determined before the amendments commenced.

(3) Sections 30(1) and 48(1), as in force immediately before the subsections were substituted by the 2022 amending Act, continue to apply to the holder of an exploration licence or assessment lease referred to in subclause (2).

184 Security required before transfer of authority--sections 122 and 261BAA

(1) The following provisions do not apply to an application made under section 122 but not finally determined before section 261BAA commenced--
(a) section 122, as amended by the 2022 amending Act,

(b) section 261BAA.

(2) Section 122, as in force immediately before it was amended by the 2022 amending Act, continues to apply to an application made under that section, but not finally determined, before the amendments commenced.

186 Directions--section 240(1A)

Section 240(1A) extends to prospecting, mining or other activities carried out before the subsection commenced.

187 Authorisation fees under Part 14A

Part 14A, as amended by the 2022 amending Act, extends to authorisations in force on the commencement of the amendments.

189 Amendment of applications--section 382B

Section 382B extends to applications made, but not finally determined, before the section commenced.

190 Operation of not fit and proper person declarations--Part 18, Division 2

(1) Part 18, Division 2 extends to conduct occurring and matters arising before the Division commenced, including--
(a) authorisations granted and applications made before the commencement, and

(b) conduct that occurred, or a matter that arose, before the commencement.

(2) To avoid doubt, section 396(1) extends to permit the Minister to reject the grant, renewal or transfer of a mining lease even if the development consent that would otherwise have prevented rejection was granted before the subsection commenced.

192 Incomplete applications--sections 65(5) and (6) and 381B

(1) Section 65(5) and (6) extend to applications made, but not finally determined, before the section commenced.

(2) Section 381B does not apply to applications made before the section commenced.

193 Immediate vicinity and vicinity of mining leases--sections 6(2) and (4) and 63(5) and Schedule 1B, clause 7B(3)(b) and Schedule 4, clause 13

(1) For the period prescribed by the regulations after commencement day, being a period not exceeding 2 years--
(a) section 6(2) and (4), as in force immediately before commencement day, continue to apply to the carrying out of a designated ancillary mining activity by a person who was lawfully carrying out the activity before commencement day, and

(b) section 6(2) and (4), as amended by the 2022 amending Act, do not apply to the carrying out of the designated ancillary mining activity.

(2) Section 63(5) and Schedule 1B, clause 7B(3)(b), as amended by the 2022 amending Act, extend to applications made, but not finally determined, immediately before the amendments commenced.

(3) The regulations may provide that a reference to the immediate vicinity of a mining lease in a document, including an application for, or condition of, a mining lease, is taken to be a reference to the vicinity of a mining lease for the purposes of this Act.

(4) In this clause--

"commencement day" means the date the amendments to section 6(2) and (4) by the 2022 amending Act commenced.

194 Transfer of land if objection pending--Schedule 2, clause 2B

To avoid doubt, Schedule 2, clause 2B extends to the following before the clause commenced--

(a) an objection made but not finally determined,

(b) a transfer of land.

Part 28 - Validation of certain mineral claims by Mining Amendment (Mineral Claims--Opal) Act 2023 and related matters

196 Definitions

In this part--

"affected mineral claim" means a mineral claim--

(a) purportedly granted, renewed or transferred during the relevant period, and

(b) that, but for the operation of this part, would be invalid because of a failure to comply with section 266(4).

"amendment Act" means the Mining Amendment (Mineral Claims--Opal) Act 2023 .

"assent date" means the date of assent to the amendment Act.

"commencement" means the commencement of the amendment Act.

"Crown" --

(a) means the Crown within the meaning of the Crown Proceedings Act 1988 , and

(b) includes an officer, employee or agent of the Crown.

"current affected mineral claim" --see clause 198(1).

"expired affected mineral claim" --see clause 197(1).

"prescribed date" , for an affected mineral claim, means the earlier of the following--

(a) the date on which the application taken to have been made under clause 199(1) or 200(2) in relation to the affected mineral claim is determined by the Secretary,

(b) the date on which the application taken to have been made under clause 199(1) or 200(2) in relation to the affected mineral claim is withdrawn.

"relevant period" means the period--

(a) starting on 1 January 2015, and

(b) ending on 13 February 2023.

197 Validation of expired affected mineral claims

(1) This clause applies to an affected mineral claim (an
"expired affected mineral claim" ) that, immediately before the commencement--
(a) had ceased to have effect and not been renewed, or

(b) had been cancelled.

Example--: An affected mineral claim was granted and renewed twice during the relevant period. The term of the last purported renewal of the affected mineral claim ceased to have effect before 14 February 2023 and the affected mineral claim was not renewed. The affected mineral claim is an expired affected mineral claim.

(2) Despite the failure to comply with section 266(4), the expired affected mineral claim is taken to have been valid.

(3) Without limiting subclause (2), the following are taken to have been valid--
(a) a purported grant, renewal, variation, transfer or cancellation of the expired affected mineral claim during the relevant period,
(b) a condition to which the expired affected mineral claim was purportedly subject from time to time, including any variation or enforcement of the condition,

(c) an approval or authorisation issued by the Secretary under a condition of the expired affected mineral claim, including any enforcement of the approval or authorisation,

(d) each term, including the expiry, of the expired affected mineral claim,

(e) the use of land in accordance with the expired affected mineral claim,

(f) the exercise of any other right in accordance with the expired affected mineral claim.

198 Validation of current affected mineral claims

(1) This clause applies to an affected mineral claim (a
"current affected mineral claim" ) that, immediately before the commencement, was purportedly in force.
Example--: An affected mineral claim was granted and renewed during the relevant period. The term of the last purported renewal of the affected mineral claim was still in force immediately before 14 February 2023. The affected mineral claim is a current affected mineral claim.

(2) Despite the failure to comply with section 266(4), the current affected mineral claim--
(a) is taken to be, and always to have been, valid, and

(b) continues to be valid and in force until the prescribed date.

(3) Without limiting subclause (2)--
(a) a purported grant, renewal, variation or transfer of the current affected mineral claim during the relevant period is taken to be, and always to have been, valid, and

(b) a condition to which the current affected mineral claim was purportedly subject from time to time is taken to be, and always to have been, valid during the relevant period and to continue to be valid until the prescribed date, including any variation or enforcement of the condition, and

(c) an approval or authorisation issued by the Secretary under a condition of the current affected mineral claim is taken to be, and always to have been, valid during the relevant period and to continue to be valid until the prescribed date, including any enforcement of the approval or authorisation, and

(d) the use of land in accordance with the current affected mineral claim is taken to be, and always to have been, valid during the relevant period and to continue to be valid until the prescribed date, and

(e) the exercise of any other right in accordance with the current affected mineral claim is taken to be, and always to have been, valid during the relevant period and to continue to be valid until the prescribed date.

199 Ability to determine affected mineral claims

(1) From the commencement--
(a) for an affected mineral claim that was purportedly granted during the relevant period, whether or not purportedly renewed during the relevant period--the application for the grant of the affected mineral claim is taken to be an application for the grant of the mineral claim made on the commencement, and

(b) for an affected mineral claim that was granted before the relevant period and purportedly renewed only once during the relevant period--the application for the renewal of the affected mineral claim during the relevant period is taken to be an application for the renewal of the mineral claim made on the commencement, and

(c) for an affected mineral claim that was granted before the relevant period and purportedly renewed more than once during the relevant period--the application for the first renewal of the affected mineral claim during the relevant period is taken to be an application for the renewal of the mineral claim made on the commencement.

(2) For subclause (1)(a)-(c), the applicant for the application taken to be made on the commencement is taken to be--
(a) the person who made the application for the relevant grant or renewal during the relevant period, or

(b) if a person is recorded as the holder of the mineral claim under section 202 before the prescribed date, that person.

(3) To avoid doubt, sections 178(2) and 197(2) do not apply to an application taken to be made under subclause (1).

(4) An application taken to be made under subclause (1) must be determined in accordance with this Act as in force on the date the determination is made.

(5) In determining an application taken to be made under subclause (1), the Secretary may, by written notice given to the applicant, require the applicant to give the Secretary, by the date stated in the notice, additional information reasonably required to decide the application.

(6) If the applicant does not give the additional information as required by the notice, including by the date stated in the notice, the application may, despite subclause (1), be rejected by the Secretary.

(7) Also, in determining an application taken to be made under subclause (1), the Secretary may be satisfied the applicant has complied with section 266(4)(a) if the applicant or a previous holder of the affected mineral claim paid the standard compensation payable when--
(a) the affected mineral claim was last purportedly granted or renewed before the commencement, or

(b) the application is determined by the Secretary.

Example--: If the standard compensation payable when an application is determined is more than the standard compensation payable when the claim was last purportedly granted or renewed, the Secretary may require the applicant to pay the difference.

(8) Without limiting subclause (4), in granting an application taken to be made under subclause (1), a condition may be imposed or varied in accordance with this Act.

(9) If an application for a mineral claim taken to be made under subclause (1) is granted or renewed, the mineral claim has exclusive effect from the date on which it is granted or renewed.

(10) If an application for a mineral claim taken to be made under subclause (1) is refused or withdrawn, the applicant has no rights under the affected mineral claim from the prescribed date.

(11) This clause does not apply to--
(a) a current affected mineral claim that has purportedly been transferred or to the purported transfer of the current affected mineral claim, or
Note--: See clause 200, which provides for how affected mineral claims must be dealt with if transferred before the commencement.

(b) an expired affected mineral claim.
Note--: See clause 201, which provides for how expired affected mineral claims must be dealt with.

200 Determining current affected mineral claims that have been transferred

(1) This clause applies if, before the commencement, a person purported to transfer a current affected mineral claim to another person (the
"transferee" ).

(2) From the commencement--
(a) for a current affected mineral claim that was purportedly granted during the relevant period, whether or not purportedly renewed during the relevant period--the application for the grant of the affected mineral claim is taken to be an application for the grant of the mineral claim made on the commencement, and

(b) for a current affected mineral claim that was granted before the relevant period and purportedly renewed only once during the relevant period--the application for the renewal of the affected mineral claim during the relevant period is taken to be an application for the renewal of the mineral claim made on the commencement, and

(c) for a current affected mineral claim that was granted before the relevant period and purportedly renewed more than once during the relevant period--the application for the first renewal of the affected mineral claim during the relevant period is taken to be an application for the renewal of the mineral claim made on the commencement.

(3) For subclause (2)(a)-(c), the applicant for the application taken to be made on the commencement is taken to be the person who first purportedly transferred the current affected mineral claim.

(4) To avoid doubt, sections 178(2) and 197(2) do not apply to an application taken to be made under subclause (2).

(5) The Secretary must, despite any other provision of this Act, refuse an application for a mineral claim over land subject to a current affected mineral claim if the applicant purported to transfer the current affected mineral claim to another person during the relevant period, including an application taken to be made under subclause (2).

(6) From the commencement, the current transferee has the sole right during the prescribed period to apply for a mineral claim over land subject to the current affected mineral claim.

(7) An application referred to in subclause (6) must be determined in accordance with this Act as in force on the date the determination is made.

(8) In determining an application referred to in subclause (6), the Secretary may, by written notice given to the applicant, require the applicant to give the Secretary, by the date stated in the notice, additional information reasonably required to decide the application.

(9) If the applicant does not give the additional information as required by the notice, including by the date stated in the notice, the application may be rejected by the Secretary.

(10) Also, in determining an application referred to in subclause (6), the Secretary may be satisfied the applicant has complied with section 266(4)(a) if the applicant or a previous holder of the affected mineral claim paid the standard compensation payable when--
(a) the affected mineral claim was last purportedly granted or renewed before the commencement, or

(b) the application is determined by the Secretary.

Example--: If the standard compensation payable when an application is determined is more than the standard compensation payable when the claim was last purportedly granted or renewed, the Secretary may require the applicant to pay the difference.

(11) Without limiting subclause (6), in granting an application made under that subclause, a condition may be imposed or varied in accordance with this Act.

(12) In this clause--

"prescribed period" means the period--
(a) starting on the commencement, and

(b) ending on 22 November 2023.

201 Expired etc affected mineral claims

(1) This clause applies to--
(a) an expired affected mineral claim, or

(b) an application for the grant or renewal of an affected mineral claim that was withdrawn during the relevant period.

(2) Section 209 does not apply in relation to the affected mineral claim, and an application to grant or renew the affected mineral claim, including an application under clause 199, is taken to have been finally disposed of on the date on which--
(a) the affected mineral claim ceased to have effect or was cancelled, or

(b) the application was withdrawn.

202 Devolution of rights--application made before commencement

(1) This clause applies if an application under section 202 in relation to an affected mineral claim--
(a) was purportedly made but not decided before the commencement, or

(b) was purportedly decided before the commencement and the name of the applicant was recorded as the holder of the mineral claim.

(2) For subclause (1)(a), the application may be dealt with under section 202 as if it were validly made.

(3) For subclause (1)(b), the application is taken to have been validly made and the name of the applicant validly recorded as the holder of the mineral claim.

203 Devolution of rights--application under clause 199

(1) This clause applies if--
(a) under clause 199, an application for an affected mineral claim is taken to be an application for the grant or renewal of a mineral claim, and

(b) the person who, under clause 199, would be the applicant for the application dies before the application is determined by the Secretary.

(2) The person on whom the rights of the applicant have, or would have but for any invalidity in relation to the application or affected mineral claim, devolved by operation of law may apply, under section 202, to the Secretary to have the person's name recorded as the holder of the mineral claim.

(3) For subclause (2), the application may be dealt with under section 202 as if it were validly made.

(4) The Secretary may reject an application referred to in subclause (2) if it is made more than 12 months after the assent date.

204 Devolution of rights--impact on number of mineral claims that may be held by persons

(1) This clause applies if, under this Act, a condition limits the number of mineral claims that may be held by a person.

(2) The condition does not operate to prevent the Secretary granting a mineral claim, as a result of one of the following applications in relation to an affected mineral claim, if the applicant is a person recorded under section 202 as a person on whom the rights of the holder of the affected mineral claim have devolved--
(a) an application taken to have been made under clause 199(1) in relation to the affected mineral claim,

(b) an application referred to in clause 200(6) in relation to the affected mineral claim.

205 Rehabilitation and other compliance matters

(1) This clause applies if--
(a) an affected mineral claim was purportedly subject to a condition in relation to the rehabilitation of disturbed land or water, or

(b) an affected mineral claim was purportedly subject to another condition, or

(c) the holder of an affected mineral claim or another person entered land and exercised rights in accordance with the mineral claim.

(2) For subclause (1), until the relevant date for the affected mineral claim--
(a) the affected mineral claim is taken to be, and always to have been, subject to the condition as if the affected mineral claim had been validly granted, renewed or transferred, and

(b) the holder of the affected mineral claim or other person is taken to have, and always to have had, the power to enter the land and exercise rights in accordance with the mineral claim as if the affected mineral claim had been validly granted, renewed or transferred.

(3) Without limiting subclause (2)(b), a condition to which the affected mineral claim is subject may be enforced on and after the commencement.

(4) In this clause--

"relevant date" means--
(a) for a current affected mineral claim--the prescribed date, or

(b) for an expired affected mineral claim--the date the mineral claim ceased to have effect or was cancelled.

206 Collection, expenditure and refund of money

(1) A fee, levy, duty or other money collected by or on behalf of the Crown, a landholder or another person before the commencement in relation to an affected mineral claim is taken to be valid.

(2) The expenditure of a fee, levy, duty or other money by or on behalf of the Crown, a landholder or another person before, on or after the commencement in relation to an affected mineral claim is taken to be valid.

(3) The refund of a fee, levy, duty or other money by or on behalf of the Crown, a landholder or another person before, on or after the commencement in relation to an affected mineral claim is taken to be valid, whether the refund was--
(a) on the Secretary's own initiative, or

(b) on application by another person.

Example--: After the commencement, a fee paid in relation to an affected mineral claim was refunded on the basis the affected mineral claim was not valid. Despite the mineral claim being validated by the operation of this part, the refund of the fee continues to be valid.

207 Legal claims

(1) No claim for compensation or other legal action arises against the Crown or any other person as a result of a decision about the grant, renewal or transfer of, or other action taken in relation to, a mineral claim if that decision or other action would, but for this part, be invalid or unlawful because of a failure before the commencement to comply with section 266(4).

(2) In this clause--

"compensation" includes--
(a) damages, and

(b) other forms of monetary compensation, and

(c) any other amount, whether described as compensation or not, payable under an instrument.

208 Land claims

(1) Nothing in this part affects a land claim made before the assent date.

(2) In this clause--

"land claim" has the same meaning as in the Aboriginal Land Rights Act 1983 .

209 Native title

The operation of clause 197 or 198, to the extent the operation of the clause relates to anything done before the assent date, is taken to be an act to which the Native Title (New South Wales) Act 1994 , section 104A applies.

210 Regulations for this part

(1) The regulations may provide for the following matters--
(a) the circumstances in which a provision in this part will not apply to a mineral claim or a class of mineral claims,

(b) the date on which a provision in this part will commence or cease to have effect in relation to a mineral claim or a class of mineral claims,

(c) the date, not more than 5 years after the date the mineral claim purportedly took effect, that the term of an affected mineral claim or a class of affected mineral claims expires.

(2) To avoid doubt, the power to make regulations under subclause (1) is in addition to the power to make regulations under this schedule, clause 1.

(3) A regulation made under subclause (1) has effect despite anything to the contrary in this part.

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MINING ACT 1992 - SCHEDULE 6