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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Mining Amendment (Development Consent)
Bill 2013
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill to amend the Mining Act 1992 to clarify the requirement for appropriate
development consents for activities carried out under mining leases.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent to the
proposed Act.
Schedule 1 Amendment of Mining Act 1992 No 29
Schedule 1 [1] amends the requirement for there to be an appropriate development consent (which
may include approvals under the former Part 3A and Part 5.1 of the Environmental Planning and
Assessment Act 1979) before a mining lease is granted. The requirement will apply if a
development consent is required for carrying out activities to be carried out under the lease on land
to which the lease applies and does not require there to be a link between the category of mining
lease and the nature of the development consent. The amendment also makes it clear that nothing
in the Mining Act 1992 permits an activity to be carried out under a mining lease without any
required development consent under the Environmental Planning and Assessment Act 1979.
Schedule 1 [2] provides that a mining lease granted before the commencement of the proposed
Act is taken to comply, and to have always complied, with the requirement for there to be an
appropriate development consent before the mining lease was granted if there was a development
b2013-172-07.d08
Mining Amendment (Development Consent) Bill 2013 [NSW]
Explanatory note
consent relating to any of the activities permitted under the lease when the lease was granted. The
provision will also apply to a mining lease found to be invalid if the ground of invalidity was a
failure to comply with the requirement for an existing development consent and there was an
existing development consent applicable to a permitted activity under the mining lease.
Page 2
First print
New South Wales
Mining Amendment (Development Consent)
Bill 2013
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Mining Act 1992 No 29 3
b2013-172-07.d08
New South Wales
Mining Amendment (Development Consent)
Bill 2013
No , 2013
A Bill for
An Act to amend the Mining Act 1992 with respect to development consents for activities under
mining leases.
Mining Amendment (Development Consent) Bill 2013 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Mining Amendment (Development Consent) Act 2013. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Mining Amendment (Development Consent) Bill 2013 [NSW]
Schedule 1 Amendment of Mining Act 1992 No 29
Schedule 1 Amendment of Mining Act 1992 No 29 1
[1] Section 65 Development consents under the Environmental Planning and 2
Assessment Act 1979 3
Omit section 65 (1) and (2). Insert instead: 4
(1) The Minister must not grant a mining lease over land if development consent 5
is required for activities to be carried out under the lease unless an appropriate 6
development consent is in force in respect of the carrying out of those 7
activities on the land. 8
(2) Nothing in this Act permits an activity, for which development consent is 9
required, to be carried out without the consent being obtained in accordance 10
with the Environmental Planning and Assessment Act 1979. 11
[2] Schedule 6 Savings, transitional and other provisions 12
Insert with appropriate Part and clause numbers at the end of the Schedule: 13
Part Provisions consequent on enactment of Mining 14
Amendment (Development Consent) Act 2013 15
Existing mining leases 16
(1) This clause applies to a mining lease granted before the commencement of the 17
Mining Amendment (Development Consent) Act 2013 for which an appropriate 18
development consent was required under section 65. 19
(2) If a development consent was in force in relation to land over which the mining 20
lease was granted when the lease was granted and the development consent 21
related to any of the activities permitted under the lease by this Act, the grant 22
of the mining lease is taken to comply, and to always have complied, with the 23
requirements of section 65. 24
(3) To avoid doubt and without limiting subclause (2), a development consent 25
related to a mining purpose permitted under a mining lease granted in respect 26
of a mineral or minerals is sufficient for the purposes of that subclause even if 27
the development consent is not for the mining of a mineral or minerals. 28
(4) This clause applies to a mining lease even if the mining lease is or has been 29
found to be invalid because of a contravention of the requirements of 30
section 65. 31
Page 3
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