Northern Territory Consolidated Acts

MINING ACT

TABLE OF PROVISIONS

           Long Title

   PART I - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Repeal
   3A.     Objects
   4.      Interpretation

   PART II - ADMINISTRATION

   5.      Appointment of officers
   6.      Acting appointments
   7.      Delegation
   8AA.    Minister may issue guidelines

   PART III - MINER'S RIGHTS

   9.      Application for miner's right
   10.     Grant of miner's right
   11.     Powers of holder of miner's right
   12.     Duplicate miner's right

   PART IV - EXPLORATION LICENCES

           Division 1 - Preliminary

   13.     Interpretation
   14.     Graticular sections
   14A.    Geographical coordinates of graticular sections determined by GDA
   15.     Reservation of blocks

           Division 2 - Exploration Licences

   16.     Grant of exploration licence
   16A.    Use of GDA in determining grant of exploration licence
   17.     Applications
   18.     Licence not to be granted over existing licence areas
   19.     Minister to receive applications, objections, &c.
   20.     Objections and comments to be considered
   21.     Occupation of land pending determination of application
   22.     Grant of licence
   23.     Power of licensee
   24.     Conditions of licence
   24A.    Additional conditions of exploration licence relating to native title rights and interests
   25.     Other mining interests over licence area
   26.     Reduction of licence area
   27.     Licensee to nominate blocks to be retained
   28.     Reduction may be deferred
   29.     Rent for retained blocks
   29A.    Application for renewal of exploration licence
   30.     Surrender may be requested
   31.     Surrender
   31A.    Substitution of exploration licence
   32.     Report on ceasing to hold licence area
   33.     Form of report
   34.     Annual reports
   35.     Inspection of reports
   36.     Confidentiality of certain information
   37.     Core samples to be lodged

   PART V - EXPLORATION RETENTION LICENCES

   38.     Application for licence
   39.     Form of application for exploration retention licence
   40.     Ore body to be present
   41.     Grant of exploration retention licence
   41A.    Exploration retention licence for ancillary purposes
   42.     Effect of application or refusal on exploration licence
   43.     Power of licensee
   44.     Rent
   45.     Conditions of licence
   45A.    Additional conditions of exploration retention licence relating to native title rights and interests
   46.     Application for renewal of exploration retention licence
   47.     Notice to apply for mineral lease or mineral claim
   48.     Surrender
   49.     Report on cessation of licence
   50.     Form of report
   51.     Annual reports
   52.     Inspection of reports
   53.     Core samples to be lodged

   PART VI - MINERAL LEASES

           Division 1 - Applications

   54.     Application for mineral lease
   55.     Form of application for mineral lease
   56.     Occupation of land pending determination of application
   57.     Notice of application
   58.     Hearing of application
   59.     Warden's recommendation to Minister
   59A.    Adjournments sine die

           Division 2 - Grant of Mineral Lease

   60.     Grant of mineral lease
   61.     Survey of lease area
   62.     Grant over retention lease
   63.     Mineral leases over roads
   65.     Compensation for refusal of grant over retention lease
   66.     Conditions of lease
   66A.    Additional conditions of mineral lease relating to native title rights and interests
   67.     Variation as to minerals recoverable
   68.     Application for renewal of mineral lease
   69.     Rent

           Division 3 - Surrender

   70.     Surrender

           Division 5 - Reports

   79.     Reports to be lodged
   80.     Report on ceasing to hold lease
   81.     Inspection of reports

   PART VII - MINERAL CLAIMS

   82.     Application for mineral claim
   83.     Form of application for mineral claim
   84.     Notice of application
   84A.    Occupation of land pending determination of application
   85.     Consideration by warden
   86.     Grant of mineral claim
   87.     Power of holder
   88.     Rent
   89.     Conditions of claim
   89A.    Additional conditions of mineral claim relating to native title rights and interests
   90.     Application for renewal of mineral claim
   91.     Notice to convert to mineral lease
   92.     Surrender
   93.     Reports to be lodged
   94.     Report on cessation of mineral claim
   95.     Inspection of reports

   PART VIII - EXTRACTIVE MINERALS

           Division 1A - Preliminary

   95A.    Application of Part

           Division 1 - Extractive Mineral Leases

   95B.    Application of Division
   96.     Approval to apply for extractive mineral lease
   96A.    Area of proposed lease
   97.     Form of application for extractive mineral lease
   98.     Occupation of land pending determination of application
   99.     Notification and objection procedures for lease above highwater mark
   99A.    Notification and objection procedures for lease below highwater mark
   100.    Consideration of application for lease above highwater mark
   100A.   Consideration of application for lease below highwater mark
   101.    Grant of extractive mineral lease
   102.    Additional conditions of extractive mineral lease relating to native title rights and interests
   103.    Application for renewal of extractive mineral lease
   104.    Survey of lease area
   105.    Surrender

           Division 2 - Extractive Mineral Permits

   106.    Application of Division
   107.    Approval to apply for permit
   107A.   Area of proposed permit
   108.    Form of application
   109.    Occupation of land pending determination of application
   110.    Notification and objection procedures for permit above highwater mark
   110A.   Notification and objection procedures for permit below highwater mark
   111.    Consideration of application for permit above highwater mark
   111A.   Consideration of application for permit below highwater mark
   112.    Grant of permit
   114.    Powers of permit holder
   115.    Application for renewal - extractive mineral permit
   117.    Mining Registrar may carry out obligation of holder
   118.    Cancellation
   119.    Surrender

           Division 3 - Compensation

   120.    Compensation payable by holder of extractive mineral permit

   PART X - FOSSICKING

   130.    Interpretation
   130A.   No fossicking without permit
   130B.   Application for fossicker's permit
   130C.   Grant of fossicker's permit
   130D.   Powers of holder of fossicker's permit
   130E.   Duplicate fossicker's permit
   131.    Fossicking areas
   132.    Fossicking on land subject to exploration licence
   133.    Fossicking
   134.    Minister may prohibit, &c., a person
   134A.   Minister may cancel fossicker's permit
   134B.   Fossicking on mineral claim

   PART XI - EXPLORATION LICENCES, EXPLORATION RETENTION LICENCES AND MINING TENEMENTS IN RESPECT OFABORIGINAL LAND

   135.    Additional provisions
   136.    Grant of mining interest
   137.    No negotiations without Minister's consent
   139.    Applicant for mineral lease to hold exploration licence, &c.
   140.    Notice to Land Council

   PART XIA - PRESCRIBED MINING ACTS ABOVE HIGHWATERMARK OR FOR INFRASTRUCTURE FACILITIES

   140A.   Prescribed mining acts
   140B.   Application
   140C.   Act valid if procedures complied with
   140CA.  Prescribed mining acts covering both alternative provision area and other area
   140D.   Form of application
   140E.   Notification of native title holders etc.
   140EA.  Declaration to alter objection period
   140F.   Response to objections
   140FA.  Agreement is anticipated and strongly encouraged
   140G.   Consultation and mediation
   140H.   Application to Tribunal
   140J.   Inquiry by Minister
   140JA.  Referral of objections to Tribunal by Minister
   140JB.  Criteria for making recommendation
   140K.   Compliance with recommendations of Tribunal
   140L.   Judicial review
   140M.   Procedure if no objections lodged, objections withdrawn, &c.
   140MA.  Consultations may continue
   140N.   Compensation

   PART XIB - ACTS BELOW HIGHWATER MARK

   140Q.   Interpretation
   140R.   Application
   140S.   Notification of application
   140T.   Minister to have regard to objections and comments
   140U.   Compensation

   PART XII - WARDENS AND WARDEN'S COURTS

   141.    Establishment of courts
   142.    Constitution of court
   143.    Places of sitting
   144.    Court of record
   145.    Jurisdiction
   146.    Proceedings
   147.    Application for directions
   148.    Powers of court
   149.    Justice to be done
   150.    Contempt
   151.    Questions reserved
   152.    Additional powers
   153.    Decisions to be enforced
   154.    Records to be kept
   155.    Powers of the Supreme Court
   156.    Default in complying with judgment, &c.
   157.    Affidavits
   158.    Copies of judgments, &c.
   159.    Appeals

   PART XIII - GENERAL PROVISIONS RELATING TO MINING TENEMENTS, &c.

   160.    Application of Part 161. Licence, &c., not to be granted over existing licence or mining tenement
   162.    Form of application
   162AA.  Applicant not required to give notice where applicant owner or occupier
   162A.   Refusal of application
   163.    Notice of application
   164.    Priority in considering applications
   164A.   Substantial compliance
   164B.   Notification of intention to grant application
   164C.   Application of section 164B to applications made before 1 January 2000
   165.    Notification of grant
   165A.   Notification of conditions relating to native title
   166.    General conditions
   166A.   Where acts may be done subject to conditions
   166B.   Security for compliance with this Act and conditions of mining interest
   166C.   Security for compensation that may be payable to native title holders
   166D.   Complaints procedure
   167.    Tenants in common
   168.    Exchange of mining tenement
   169.    Notification of land ceasing to be a mining tenement areaetc.
   170.    Refund of rent
   171.    Cancellation, &c.
   172.    Applications for variation, &c.
   173.    Dealings with interest
   174.    Caveat
   174AA.  Aboriginal community living areas
   174E.   Inspection of underground workings
   174F.   Consent to use of water
   174G.   Stock on tenement area

   PART XIIIA - MINING TRUST FUND

   174H.   Establishment of Trust Fund
   174J.   Payments into Trust Fund
   174K.   How trust amounts to be dealt with

   PART XIV - MISCELLANEOUS

   175.    Prescribed substances under the Atomic Energy Act
   176.    Land in certain parks and reserves
   176A.   Environmental consideration relating to certain parks and reserves
   177.    Compensation for damage to park or reserve
   178.    Reservation of land from occupation
   179.    Right of access
   180.    Removal of timber, &c.
   181.    Erection of works, &c.
   182.    Construction of works, &c., on certain land
   183.    Compensation for works
   184.    Compensation to pastoral lessees and owners of private land
   184A.   Conditions about compensation for effect on native title
   185.    Removal of equipment, &c.
   186.    Appointment of liquidators, &c.
   186A.   Notice to owner requesting consent to mining tenement
   187.    Verification of information
   188.    Service of documents
   189.    Corruption
   190.    No exploration, &c., except in accordance with law
   190A.   Search and seizure
   190AA.  Limitation of time for bringing proceeding
   190B.   Forfeiture and other orders on conviction
   191.    Savings and transitional
   191A.   Saving of specific applications
   191B.   Royalty payments
   191C.   Fossicking under miner's right
   191D.   Compensation: time limit on claims
   191E.   Compensation other than money in respect of native title
   192.    Regulations
   193.    Validation of certain exploration licences
           SCHEDULE
           Endnotes