Northern Territory Consolidated Acts Northern Territory Consolidated ActsIn this Act, unless the contrary intention appears:
"act" includes omission.
"Atomic Energy Act" means Atomic Energy Act 1953 of the Commonwealth.
"Authorisation" means an Authorisation under Division 2 of Part 4.
"Chief Executive Officer" means the Chief Executive Officer, within the meaning of the Public Sector Employment and Management Act , of the Agency administering this Act.
"Commonwealth Minister" means the Commonwealth Minister of State for the time being administering section 41 of the Atomic Energy Act .
"competent" means having the skill and knowledge required to carry out the relevant task or function in accordance with the appropriate environmental standards.
"contaminant" has the same meaning as in the Waste Management and Pollution Control Act .
"contractor" means a person who under a contract performs work or supplies a service in connection with a mining activity on a mining site.
"critical incident" means an event on a mining site that has the potential to cause a significant adverse effect on the environment.
"environment" means land, air, water, organisms and ecosystems on a mining site and includes:
(a) the well-being of humans;
(b) structures made or modified by humans;
(c) the amenity values of the site; and
(d) economic, cultural and social conditions.
"environmental harm" means:
(a) any harm to or adverse effect on the environment; or
(b) any potential harm (including the risk of harm and future harm) to or potential adverse effect on the environment,
of any degree or duration and includes environmental nuisance.
"environmental nuisance" means:
(a) an adverse effect on the amenity of land caused by noise, smoke, dust, fumes or odour; or
(b) an unsightly or offensive condition on the land.
"exploration" means all modes of searching for or evaluating deposits of minerals other than by remote sensing.
"extractive mineral" means sand, gravel, rocks or soil extracted, obtained or removed for a purpose other than:
(a) extracting, producing or refining minerals from the sand, gravel, rocks or soil; or
(b) processing the sand, gravel, rocks or soil by non-mechanical means.
"guideline" means a guideline issued by the Minister under Part 5.
"land" means land within the jurisdictional limits of the Territory and includes waters within those limits.
"loss", in relation to material environmental harm and serious environmental harm, includes the reasonable costs and expenses that would be incurred in taking all reasonable and practicable measures to prevent, mitigate or rectify the environmental harm.
"management system" means the environment protection management system implemented for a mining site under Part 3, Division 1.
"material environmental harm" means environmental harm that:
(a) is not trivial or negligible in nature;
(b) consists of an environmental nuisance of a high impact or on a wide scale;
(c) results, or is likely to result, in not more than $50 000 or the prescribed amount (whichever is greater) being spent in taking appropriate action to prevent or minimise the environmental harm or rehabilitate the environment; or
(d) results in actual or potential loss or damage to the value of not more than $50 000 or the prescribed amount (whichever is greater).
"mineral" means any:
(a) naturally occurring:
(i) inorganic element or compound, including an inorganic carbonate compound; or
(ii) organic carbonate compound,
obtained or obtainable from land by mining;
(b) coal, lignite, peat or oil shale;
(c) extractive mineral; or
(d) other substance declared by the Minister, by a notice in the Gazette , to be a mineral for the purposes of this Act,
but does not include:
(e) water; or
(f) petroleum within the meaning of the Petroleum Act .
"mining activity" means any of the following activities:
(a) exploration for minerals;
(b) mining of minerals;
(c) processing of minerals, tailings, spoil heaps or waste dumps;
(d) decommissioning or rehabilitation of a mining site;
(e) operations and works in connection with the activities in paragraphs (a), (b), (c) and (d), including:
(i) the removal, handling, transport and storage of minerals, substances, contaminants and waste; and
(ii) the construction, operation, maintenance and removal of plant and buildings;
(f) operations for the care and maintenance of a mining site when an activity referred to in paragraph (a), (b), (c) or (d) is suspended.
"mining interest" means one of the following:
(a) a mineral title as defined in section 11(1) of the Mineral Titles Act ;
(b) a non-compliant existing interest as defined in section 204(1) of the Mineral Titles Act ;
(c) an authority under section 41 of the Atomic Energy Act.
"mining management plan" means a mining management plan under Division 3 of Part 4.
"mining officer" means a person appointed as a mining officer under Part 7.
"mining site" means an area of land:
(a) in respect of which a person holds a mining interest;
(b) on which mining activities are being, or have been, carried out; or
(c) that is declared by the Minister, by notice in the Gazette , to be a mining site for the purposes of this Act.
"operator" means the operator for a mining site referred to in section 9(1).
"owner", in relation to a mining site, includes a person holding the mining interest in respect of the site, a person in possession of the site and an occupier of the site.
"plant" includes machinery, pressure vessels, equipment, appliances, implements, scaffolding and tools, any component of the plant and anything fitted or connected to the plant.
"serious accident" means an event on a mining site that causes material environmental harm.
"serious environmental harm" means environmental harm that is more serious than material environmental harm and includes environmental harm that:
(a) is irreversible or otherwise of a high impact or on a wide scale;
(b) damages an aspect of the environment that is of a high conservation value, high cultural value or high community value or is of special significance;
(c) results or is likely to result in more than $50 000 or the prescribed amount (whichever is greater) being spent in taking appropriate action to prevent or minimise the environmental harm or rehabilitate the environment; or
(d) results in actual or potential loss or damage to the value of more than $50 000 or the prescribed amount (whichever is greater).
"substance" means a natural or artificial substance, whether in solid, liquid, gas or vapour form.
"this Act" includes regulations made under this Act.
"uranium or thorium" includes a derivative or compound of uranium or thorium.
"waste" has the same meaning as in the Waste Management and Pollution Control Act .
"worker" means a natural person on a mining site who, under a contract or agreement of any kind (whether express or implied, oral or in writing, or under a law of the Territory or not), performs work or supplies a service in connection with a mining activity on the site and includes:
(a) an employee of the operator; and
(b) a contractor or employee of a contractor.