MINERAL AND ENERGY RESOURCES (FINANCIAL PROVISIONING) ACT 2018 - As at 1 March 2023 - Act 30 of 2018
- As at 1 March 2023
- Act 30 of 2018
Table of Provisions
PART 1 - PRELIMINARY
Division 1 - Introduction
- 1 Short title
- 2 Commencement
Division 2 - Purposes and application of Act
Division 3 - Interpretation
Subdivision 1 - Dictionary
PART 2 - ESTABLISHMENT OF SCHEME AND RESIDUAL RISKS FUND
Division 1 - Scheme manager
- 12 Appointment
- 13 Term of appointment
- 14 Remuneration and conditions
- 15 Resignation
- 16 Acting scheme manager
- 17 Preservation of rights
- 18 Relationship with State
- 19 Finance
- 20 Not statutory body for particular Acts
- 21 Functions
- 22 Powers
- 23 Staff services from department
Division 2 - Scheme fund and cash surety account
- 24 Establishment of scheme fund
- 25 Cash surety account
Division 3 - Residual risks fund
- 25A Establishment of residual risks fund
PART 3 - OPERATION OF SCHEME
Division 1 - Risk category allocation
Subdivision 1 - Initial allocation
- 26 Application of subdivision
- 27 Scheme manager must make initial risk category allocation
- 28 Scheme manager must notify holder of indicative risk category allocation
- 29 When indicative risk category allocation becomes the initial risk category allocation
- 30 Period for making initial risk category allocation
- 31 Notice of initial risk category allocation
Subdivision 2 - Changed holder review allocation
- 31A Meaning of changed holder event
- 32 Scheme manager may review risk category allocation if changed holder
- 33 Application to scheme manager if proposed changed holder
- 34 Scheme manager must notify interested entity of indicative changed holder review allocation
- 35 When indicative changed holder allocation becomes the changed holder review allocation
- 36 Notice of changed holder review allocation
- 37 When changed holder review decision takes effect
Subdivision 3 - Annual review allocation
- 38 Annual review of risk category allocation
- 39 Scheme manager must notify holder of indicative annual review allocation
- 40 When indicative annual review allocation becomes the annual review allocation
- 41 Notice of annual review allocation
Subdivision 4 - Information disclosure
- 42 Holder must give scheme manager notice if changed holder
- 43 Holder must give scheme manager notice if cessation in production
- 44 Scheme manager may require further information from holder before allocation decision
- 45 Scheme manager may require further information from interested entity before changed holder review decision
Division 2 - Liability under scheme
Subdivision 1 - Contribution to scheme fund
- 46 Application of subdivision
- 47 Holder must pay contribution to scheme fund
- 48 Rate of contribution if holder not able to give surety
- 49 Holder must pay contribution and give surety if estimated rehabilitation cost more than fund threshold
- 50 Refund of contribution to previous holder
- 51 Recovery of unpaid contribution
- 52 Notification of administering authority
Subdivision 2 - Surety
- 53 Application of subdivision
- 54 Scheme manager’s decision about financial viability of scheme fund
- 55 Holder must give surety
- 56 Form of surety
- 57 When holder must give increased surety
- 58 Release of surety
- 59 Notification of administering authority
Subdivision 3 - Fees
- 60 Assessment fee
- 61 Administration fee for particular sureties
- 62 Recovery of unpaid fee
Division 3 - Claiming financial provision
Subdivision 1 - Payments from scheme fund
- 63 Application of subdivision
- 64 Requesting entity may ask for payment from scheme fund
- 65 Decision of scheme manager
Subdivision 2 - Realising surety
- 66 Application of subdivision
- 67 Requesting entity may ask for realisation of surety
- 68 Realisation of surety
- 69 Replenishment of surety
Division 4 - Guidelines and investigations
- 70 Guidelines
- 73 Investigation of actuarial sustainability of scheme
Division 5 - (Repealed)
PART 3A - ADMINISTRATION OF RESIDUAL RISKS FUND
- 76A Application of part
- 76B Requesting entity may ask for payment from residual risks fund
- 76C Decision of scheme manager
- 76D Guidelines
- 76E Investigation of actuarial sustainability of residual risks fund
PART 3B - EFFECT OF DECISIONS OF SCHEME MANAGER
- 76F Application for judicial review of particular decisions
- 76G Decisions of scheme manager otherwise final
- 76H No stay of decisions
PART 4 - OFFENCES AND PROCEEDINGS
- 77 False or misleading statements
- 78 False or misleading documents
PART 5 - CONFIDENTIALITY
- 79 Definitions for part
- 80 Duty of confidentiality
- 81 Use or disclosure for authorised purpose
- 82 Disclosure to particular chief executives of departments to assist in performance of functions
PART 6 - MISCELLANEOUS
- 83 Advisory committee
- 83A Scheme manager to keep Minister informed
- 83B Annual report
- 84 Delegation
- 85 Protection from liability
- 86 Approved forms
- 87 Regulation-making power
- 88 (Expired)
PART 7 - TRANSITIONAL PROVISIONS
- 89 Application of part
- 90 Financial assurance taken to be surety given under this Act
- 91 Initial allocation decision not required until scheme manager gives transition notice
- 92 Scheme manager may require further information from holder before allocation decision