MINING MANAGEMENT ACT 2001
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