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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