MINING MANAGEMENT ACT 2001

Table of Provisions

• Long Title

PART 1--PRELIMINARY MATTERS

• 1 Short title  
• 2 Commencement  
• 3 Objects  
• 4 Definitions  
• 5 Application  
• 6 Act to bind Crown  
• 7 Exemptions  
• 8 Civil remedies and common law not affected  
• 8A Application of Criminal Code  

PART 2--MANAGEMENT AND COMPETENCIES

• 9 Operator responsible for control and management  
• 10 Owner may be operator or may appoint operator  
• 11 Competencies  

PART 3--THE ENVIRONMENT

Division 1--Environmental obligations

• 12 Definition  
• 13 General obligation to take care of the environment  
• 14 Obligations in respect of the site  
• 15 Obligations of owner who has appointed operator  
• 16 Obligations of operator  
• 16A Consultation and cooperation for taking care of environment  
• 17 Obligations of worker  
• 18 Obligations of contractor who is employer  
• 21 Consequences of breach of obligation  
• 25 Application of Division  
• 26 Serious environmental harm – environmental offence level 1  
• 26A Serious environmental harm – environmental offence level 2  
• 27 Material environmental harm – environmental offence level 2  
• 27A Material environmental harm – environmental offence level 3  
• 28 Environmental nuisance – environmental offence level 3  
• 28A Environmental nuisance – environmental offence level 4  
• 29 Operator must report environmental incident or serious environmental incident  
• 30 Investigation by mining officer  
• 31 Investigation by operator  
• 31A Publication of report  
• 32 No interference with place of serious environmental incident  
• 33 No unauthorised release of waste or contaminant  

PART 4--MINING ACTIVITIES

Division 1--Exercise of powers by Minister

• 34 Minister to have regard to mining interest etc.  

Division 2--Authorisation to carry out mining activities

• 35 Requirement for Authorisation  
• 36 Approval of mining management plan and grant of Authorisation  
• 37 Duration and conditions of Authorisation  
• 38 Variation or revocation of Authorisation  
• 39 Contravention of Authorisation  

Division 3--Mining management plan

• 40 Mining management plan and required information  
• 41 Review and amendment of mining management plan  
• 42 Notification of proposed cessation of mining activities  

Division 4--Security and levy

• 42A Application of Division  
• 43 Requirement for and purpose of security  
• 43A Calculation of security  
• 44 Claim on security  
• 44A Requirement for and purpose of levy  
• 44B Amount of levy  

Division 5--Miscellaneous matters

• 45 Minister may require information  
• 45A Minister may publish report  
• 46 Certificate of closure  

PART 4A--MINING REMEDIATION FUND

• 46A Establishment of Fund  
• 46B Purpose of Fund  
• 46C Payments into Fund  
• 46D Payments from Fund  

PART 5--GUIDELINES

• 47 Minister may issue guidelines  
• 48 Purpose of guidelines  

PART 6--MINING BOARD

• 49 Establishment of Mining Board  
• 50 Functions and powers of Mining Board  
• 51 Membership of Mining Board  
• 52 Chairperson  
• 53 Termination of appointment  
• 54 Resignation of member  
• 55 Acting members  
• 56 Meetings of Mining Board  
• 57 Committees  
• 58 Validity of actions  

PART 7--MINING OFFICERS

• 59 Appointment of mining officer  
• 60 Identity cards  
• 61 Functions of mining officer  
• 62 Powers of mining officer  
• 63 Mining officer not to disclose name of complainant  
• 64 Obstruction of official  
• 64A Falsely representing to be mining officer  

PART 8--REVIEW OF DECISIONS

• 65 Applications for review  
• 66 Review  
• 67 Application for further review  
• 68 Further review  
• 69 Constitution and procedure of review panel  
• 70 Review procedure generally  

PART 9--OFFENCES, LIABILITY AND CRIMINAL PROCEEDINGS

Division 1--Offences and liability

• 71 Definition  
• 72 Misleading information or document  
• 73 Continuing offence  
• 74 Liability of representative  
• 75 Conduct of representative  
• 76 Offence – other partners and managers taken to have committed offence of partner  
• 77 Offence – managers of unincorporated associations taken to have committed offence of other manager  
• 77A Criminal liability of executive officer of body corporate  

Division 2--Criminal proceedings

• 78 Starting proceeding  
• 79 Averments  
• 80 Defence if conduct in accordance with guideline or code  
• 80A Court may order reimbursement of investigation costs  

PART 10--MISCELLANEOUS MATTERS

Division 1--Delegation and exercise of powers by Minister etc.

• 81 Delegation by Minister or Chief Executive Officer  
• 82 Protection of environment  
• 82A Social and economic benefits for affected communities  
• 83 Minister may cause action to be taken on mining site  

Division 2--Other matters

• 85 No dismissal of worker for making complaint etc.  
• 86 Evidence  
• 87 Certificate of costs  
• 88 Debt due to Territory etc.  
• 89 Immunity from liability  
• 90 Confidentiality  

Division 3--Regulations

• 92 Regulations  
• 93 Regulations may incorporate other instrument  
• 94 Regulations may be limited or provide for exemptions  
• 95 Regulations may contain savings and transitional provisions  

PART 11--TRANSITIONAL MATTERS FOR MINING MANAGEMENT AMENDMENT ACT 2011

• 96 Definitions  
• 97 Offences  
• 98 Reporting and investigating environmental incidents and serious environmental incidents  
• 99 Applications and decisions  

PART 12--TRANSITIONAL MATTERS FOR MINING MANAGEMENT AMENDMENT ACT 2013

• 100 Definition  
• 101 Payment of levy  
• 102 Starting proceeding  
• 103 Court order for reimbursement of investigation costs  

PART 13--TRANSITIONAL MATTERS FOR ENVIRONMENT PROTECTION ACT 2019

• 104 Definition  
• 105 Environmental assessment completed before commencement  
• SCHEDULE
ENDNOTES