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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Mining Amendment (ICAC Operations Jasper
and Acacia) Bill 2014
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
It is proposed that the Parliament, being satisfied because of information that has come to light as
a result of investigations and proceedings of the Independent Commission Against Corruption
known as Operation Jasper and Operation Acacia, that the grant of certain exploration licences,
and the decisions and processes that culminated in the grant of those licences, were tainted by
serious corruption (the tainted processes), and recognising the exceptional nature of the
circumstances, enact this Bill for the following purposes:
(a) restoring public confidence in the allocation of the State's valuable mineral resources,
(b) promoting integrity in public administration above all other considerations, including
financial considerations, and deterring future corruption,
(c) placing the State, as nearly as possible, in the same position as it would have been had those
licences not been granted, recognising that it is not practicable in the circumstances to
achieve, through financial adjustments or otherwise, an alternative outcome in relation to
the licences based on what would have happened had the relevant licences been granted
pursuant to processes other than the tainted processes.
To those ends, the object of this Bill is to amend the Mining Act 1992 (the principal Act) as
follows:
(a) to cancel the relevant licences and ensure that the tainted processes have no continuing
impact and cannot affect any future processes (such as for the grant of further authorities)
in respect of the relevant land,
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Mining Amendment (ICAC Operations Jasper and Acacia) Bill 2014 [NSW]
Explanatory note
(b) to ensure that the State has the opportunity, if considered appropriate in the future, to
allocate mining and prospecting rights in respect of the relevant land according to proper
processes in the public interest,
(c) to ensure that no person (whether or not personally implicated in any wrongdoing) may
derive any further direct or indirect financial benefit from the tainted processes,
(d) to protect the State against the potential for further loss or damage and claims for
compensation, without precluding actions for personal liability against individuals,
including public officials, who have been implicated in the tainted processes and have not
acted honestly and in good faith.
The exploration licences that are cancelled by the proposed Act are as follows:
(a) exploration licence number 7270 dated 15 December 2008,
(b) exploration licence number 7405 dated 21 October 2009,
(c) exploration licence number 7406 dated 21 October 2009.
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 Principal amendment of Mining Act 1992 No 29
The principal amendment is set out in Schedule 1. It inserts proposed Schedule 6A (proposed
clauses 1-16) in the principal Act.
Clause 1 provides that the proposed Schedule has effect despite any other provision of the
principal Act or the Environmental Planning and Assessment Act 1979 (the Planning Act).
Clause 2 defines expressions used in the proposed Schedule. In particular:
(a) relevant land means the exploration area of a relevant licence or any part of the exploration
area of a relevant licence, and
(b) relevant licence means an exploration licence referred to in the Overview (that is, a licence
this is cancelled by the proposed Act).
Clause 3 provides for the purposes and objects of the proposed Act, similar to the Overview.
Clause 4 cancels the relevant licences.
Clause 5 makes void certain applications made, and other actions taken, under the principal Act
and the Planning Act in connection with the relevant licences and relevant land.
Clause 6 provides for the refund of certain fees.
Clause 7 provides that compensation is not payable by or on behalf of the State:
(a) because of the enactment or operation of proposed Schedule 6A, the proposed Act or any
Act that amends proposed Schedule 6A, or
(b) because of any direct or indirect consequence of any such enactment or operation (including
any conduct under the authority of any such enactment), or
(c) because of any conduct relating to any such enactment or operation.
Clause 8 absolves the State, and employees of the State acting honestly and in good faith, from
liability for conduct before the cancellation date in relation to a relevant licence or mining on
relevant land (whether occurring before or after the grant of a relevant licence).
Clause 9 continues the obligation of a holder of a relevant licence to provide a report under
section 163C of the principal Act (reports on prospecting activities).
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Mining Amendment (ICAC Operations Jasper and Acacia) Bill 2014 [NSW]
Explanatory note
Clause 10 makes provision for the obtaining of exploration information and records of
exploration information.
Clause 11 provides for the use and disclosure of information obtained in respect of relevant
licences or relevant land.
Clause 12 makes it clear that the former holder of a relevant licence is required to clear away
mining plant as provided for by section 245 of the principal Act.
Clause 13 continues the operation of certain conditions of relevant licences (principally
conditions relating to the rehabilitation, remediation or repair of land, disturbed areas or utilities,
the giving and maintaining of security and reporting).
Clause 14 requires security deposits provided under a relevant licence to be maintained until a
determination is made as to whether further rehabilitation is required and conditions of licences
have been fulfilled.
Clause 15 provides for the effect of the cancellation of the relevant licences on access
arrangements.
Clause 16 prevents the making of any application for consent or approval under the Planning Act
to development on the relevant land for the purposes of mining or prospecting, except by a person
who is the holder of an authority that is in force in relation to the relevant land.
Schedule 2 Further amendment of Mining Act 1992 No 29
Schedule 2 [1] increases the penalty for the offence of failing to prepare or lodge a report in
accordance with section 163C of the principal Act.
Schedule 2 [3] makes the section 163C offence an offence that is to be dealt with summarily
before the Land and Environment Court.
Schedule 2 [4] provides for savings and transitional matters.
Schedule 2 [5] inserts a definition of former holder of an authorisation in the principal Act.
Schedule 2 [2] is a consequential amendment.
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First print
New South Wales
Mining Amendment (ICAC Operations Jasper
and Acacia) Bill 2014
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Principal amendment of Mining Act 1992 No 29 3
Schedule 2 Further amendment of Mining Act 1992 No 29 11
b2014-007-40.d14
New South Wales
Mining Amendment (ICAC Operations Jasper
and Acacia) Bill 2014
No , 2014
A Bill for
An Act to amend the Mining Act 1992 to cancel certain exploration licences; and for other
purposes.
Mining Amendment (ICAC Operations Jasper and Acacia) Bill 2014 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Mining Amendment (ICAC Operations Jasper and Acacia) Act 2014. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Mining Amendment (ICAC Operations Jasper and Acacia) Bill 2014 [NSW]
Schedule 1 Principal amendment of Mining Act 1992 No 29
Schedule 1 Principal amendment of Mining Act 1992 No 29 1
Schedule 6A 2
Insert after Schedule 6: 3
Schedule 6A Cancellation of certain authorities 4
Part 1 Preliminary 5
1 Application 6
This Schedule has effect despite any other provision of this Act or the Planning 7
Act. 8
2 Definitions 9
In this Schedule: 10
cancellation date means the date of assent to the Mining Amendment (ICAC 11
Operations Jasper and Acacia) Act 2014. 12
conduct includes any statement, or any act or omission: 13
(a) whether unconscionable, negligent, false, misleading, deceptive or 14
otherwise, and 15
(b) whether constituting an offence, tort, breach of contract, breach of 16
statute or otherwise. 17
EL 7270 means the exploration licence referred to in clause 4 (1) (a). 18
EL 7405 means the exploration licence referred to in clause 4 (1) (b). 19
EL 7406 means the exploration licence referred to in clause 4 (1) (c). 20
Planning Act means the Environmental Planning and Assessment Act 1979. 21
relevant land means the exploration area of a relevant licence or any part of 22
the exploration area of a relevant licence. 23
relevant licence means an exploration licence referred to in clause 4 (1) (a), 24
(b) or (c). 25
statement includes a representation of any kind, whether made orally or in 26
writing. 27
3 Purposes and objects 28
(1) The Parliament, being satisfied because of information that has come to light 29
as a result of investigations and proceedings of the Independent Commission 30
Against Corruption known as Operation Jasper and Operation Acacia, that the 31
grant of the relevant licences, and the decisions and processes that culminated 32
in the grant of the relevant licences, were tainted by serious corruption (the 33
tainted processes), and recognising the exceptional nature of the 34
circumstances, enacts the Mining Amendment (ICAC Operations Jasper and 35
Acacia) Act 2014 for the following purposes: 36
(a) restoring public confidence in the allocation of the State's valuable 37
mineral resources, 38
(b) promoting integrity in public administration above all other 39
considerations, including financial considerations, and deterring future 40
corruption, 41
(c) placing the State, as nearly as possible, in the same position as it would 42
have been had those relevant licences not been granted, recognising that 43
Page 3
Mining Amendment (ICAC Operations Jasper and Acacia) Bill 2014 [NSW]
Schedule 1 Principal amendment of Mining Act 1992 No 29
it is not practicable in the circumstances to achieve, through financial 1
adjustments or otherwise, an alternative outcome in relation to the 2
relevant licences based on what would have happened had the relevant 3
licences been granted pursuant to processes other than the tainted 4
processes. 5
(2) To those ends, the specific objects of the Mining Amendment (ICAC 6
Operations Jasper and Acacia) Act 2014 are as follows: 7
(a) to cancel the relevant licences and ensure that the tainted processes have 8
no continuing impact and cannot affect any future processes (such as for 9
the grant of further authorities) in respect of the relevant land, 10
(b) to ensure that the State has the opportunity, if considered appropriate in 11
the future, to allocate mining and prospecting rights in respect of the 12
relevant land according to proper processes in the public interest, 13
(c) to ensure that no person (whether or not personally implicated in any 14
wrongdoing) may derive any further direct or indirect financial benefit 15
from the tainted processes, 16
(d) to protect the State against the potential for further loss or damage and 17
claims for compensation, without precluding actions for personal 18
liability against individuals, including public officials, who have been 19
implicated in the tainted processes and have not acted honestly and in 20
good faith. 21
Note. The Mining Amendment (ICAC Operations Jasper and Acacia) Act 2014 inserted 22
this Schedule into this Act. 23
Part 2 Cancellation of exploration licences and related 24
matters 25
4 Cancellation of certain exploration licences 26
(1) The following exploration licences are cancelled by this Schedule: 27
(a) exploration licence number 7270 dated 15 December 2008, 28
(b) exploration licence number 7405 dated 21 October 2009, 29
(c) exploration licence number 7406 dated 21 October 2009. 30
Note. EL 7270 was granted over certain land at Doyles Creek. EL 7405 was granted 31
over certain land at Glendon Brook. EL 7406 was granted over certain land at Mount 32
Penny. 33
(2) The cancellation takes effect on the cancellation date. 34
(3) The cancellation of an exploration licence by this Schedule does not affect any 35
liability incurred before the cancellation date by or on behalf of a holder of a 36
relevant licence or by or on behalf of a director or person involved in the 37
management of a holder of a relevant licence. 38
5 Associated applications and actions expunged 39
(1) Any associated application lodged or made under this Act or the Planning Act 40
before the cancellation date that was not finally disposed of before the 41
cancellation date is, on the cancellation date, void and of no effect. 42
(2) Accordingly, any such associated application is not to be dealt with any further 43
under this Act or the Planning Act. 44
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Mining Amendment (ICAC Operations Jasper and Acacia) Bill 2014 [NSW]
Schedule 1 Principal amendment of Mining Act 1992 No 29
(3) In this clause, associated application means: 1
(a) any application under this Act for the grant of an authorisation, or for 2
the renewal or transfer of an authorisation, made: 3
(i) in connection with a relevant licence, or 4
(ii) in respect of relevant land by any person other than an excluded 5
person, or 6
(b) a Part 3A project or concept plan application (within the meaning of 7
Schedule 6A to the Planning Act) made by Mount Penny Coal Pty Ltd 8
(reference number MP 10_0234), or 9
(c) any application under the Planning Act for consent or approval to carry 10
out development on relevant land for any of the following purposes 11
made by any person other than an excluded person: 12
(i) mining, 13
(ii) prospecting. 14
(4) An application for environmental assessment requirements made by NuCoal 15
Resources Ltd under Part 2 of Schedule 2 to the Environmental Planning and 16
Assessment Regulation 2000 before the cancellation date (reference number 17
SSD 5177) is, on the cancellation date, void and of no effect. 18
(5) Any environmental assessment requirements that have been notified by the 19
Director-General (within the meaning of the Planning Act) as a consequence 20
of an application made void by this clause are, on the cancellation date, void 21
and of no effect. 22
(6) On the cancellation date, the Mount Penny Coal Project, being the project of 23
that name that was, before the cancellation date, a transitional Part 3A project, 24
ceases to be a transitional Part 3A project. 25
(7) To avoid doubt, mining and prospecting have the meanings given by this Act. 26
(8) In this clause: 27
environmental assessment requirements has the meaning given by Schedule 28
2 to the Environmental Planning and Assessment Regulation 2000. 29
excluded person means a person who is the holder of an authorisation in 30
relation to relevant land that is in force (other than a relevant licence). 31
transitional Part 3A project has the same meaning as in Schedule 6A to the 32
Planning Act. 33
6 Refund of fees paid in connection with relevant licences and associated 34
applications 35
(1) The following fees are refundable: 36
(a) any application fee under section 13 (4) (c) paid for an application for a 37
relevant licence, 38
(b) any application fee under section 33 (4) (c) for an application for an 39
assessment lease, being an application fee paid for an application made 40
void by this Schedule, 41
(c) any application fee paid under this Act for an application for a permit 42
under section 252, being an application fee paid for an application made 43
void by this Schedule, 44
(d) any fee paid in accordance with condition 56 (a) of EL 7270, 45
Page 5
Mining Amendment (ICAC Operations Jasper and Acacia) Bill 2014 [NSW]
Schedule 1 Principal amendment of Mining Act 1992 No 29
(e) any annual rental fee or administrative levy payable under Part 14A of 1
this Act for the privilege of being the holder of a relevant licence, being 2
a fee that has been paid or, but for this clause, would be payable, 3
(f) any amount the Minister required an applicant for a relevant licence to 4
pay under section 67, where that requirement was made in connection 5
with an application for a relevant licence, 6
(g) any fee an applicant for EL 7405 or EL 7406 was required to pay to the 7
Department in the expression of interest process for that exploration 8
licence, being a fee described as an assessment fee or a contribution to 9
the Department's coal development fund, 10
(h) any other fee paid or payable to a public authority that is declared by the 11
regulations to be refundable under this clause. 12
(2) A fee that is refundable under this clause: 13
(a) ceases to be payable, and 14
(b) if already paid, is to be refunded to the former holder of the relevant 15
licence in connection with which it was paid, subject to subclause (3). 16
(3) A refund is to be paid from money to be appropriated by Parliament or 17
otherwise legally available for that purpose. 18
(4) In this clause: 19
fee includes a charge or other amount. 20
7 Compensation not payable 21
(1) Compensation is not payable by or on behalf of the State: 22
(a) because of the enactment or operation of this Schedule, the Mining 23
Amendment (ICAC Operations Jasper and Acacia) Act 2014 or any Act 24
that amends this Schedule, or 25
(b) because of any direct or indirect consequence of any such enactment or 26
operation (including any conduct under the authority of any such 27
enactment), or 28
(c) because of any conduct relating to any such enactment or operation. 29
(2) This clause extends to conduct and any other matter occurring before the 30
commencement of this clause. 31
(3) This clause does not exclude or limit any personal liability of a person for 32
conduct occurring before the grant of a relevant licence. 33
Note. However, clause 8 absolves the State and certain employees of the State from 34
liability for such conduct. 35
(4) In this clause: 36
compensation includes damages or any other form of compensation. 37
the State means the Crown within the meaning of the Crown Proceedings Act 38
1988 or an officer, employee or agent of the Crown. 39
8 State not liable for certain conduct 40
(1) The State is not liable, and is taken never to have been liable, whether 41
vicariously or otherwise, for any conduct (relevant conduct) before the 42
cancellation date in relation to a relevant licence or mining on relevant land 43
(whether occurring before or after the grant of a relevant licence). 44
Page 6
Mining Amendment (ICAC Operations Jasper and Acacia) Bill 2014 [NSW]
Schedule 1 Principal amendment of Mining Act 1992 No 29
(2) In addition, the State is not liable, and is taken never to have been liable, 1
whether under any contract, policy or other arrangement for self-insurance or 2
otherwise, to indemnify any person against any personal liability of the person 3
for relevant conduct. 4
(3) To remove doubt, this clause extends to the following conduct as relevant 5
conduct: 6
(a) conduct that facilitated the grant of an authority in respect of relevant 7
land or that facilitated mining on relevant land, 8
(b) conduct relating to the provision of assistance, advice or information 9
(including mining information) in relation to relevant land or an 10
authority for relevant land, 11
(c) conduct relating to the licensing process in connection with relevant 12
land, 13
(d) any conduct occurring in the course of events that culminated in the 14
grant of a relevant licence. 15
(4) This clause extends to all types of civil liability, whether at law or in equity, 16
and whether arising in tort or contract, or under an enactment or otherwise. 17
(5) An employee (or former employee) of the State acting honestly and in good 18
faith in the performance or purported performance of his or her functions as an 19
employee of the State has the same protections and immunities as the State 20
under this clause. 21
(6) This clause does not apply in respect of any liability arising solely in respect 22
of an authority granted before the cancellation date that is not a relevant 23
licence. 24
(7) This clause applies despite the Law Reform (Vicarious Liability) Act 1983 and 25
the Civil Liability Act 2002. 26
(8) In this clause: 27
employee of the State means a person employed under the Public Sector 28
Employment and Management Act 2002. 29
licensing process means any practice, process or procedure relating to the 30
obtaining of or grant of an authority, including in relation to expressions of 31
interest, tenders, applications, investigations, inquiries or consents, and 32
whether or not provided for by this Act. 33
mining includes prospecting. 34
mining information includes information about: 35
(a) the mineral bearing capacity of land, or 36
(b) the licensing process. 37
the State means the Crown in right of New South Wales and includes a 38
statutory body representing the Crown. 39
Part 3 Information gathering, disclosure and use 40
9 Continuing obligation to provide reports 41
(1) The obligation of the holder of a relevant licence to provide a report under 42
section 163C continues despite the cancellation of the licence under this 43
Schedule. 44
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Mining Amendment (ICAC Operations Jasper and Acacia) Bill 2014 [NSW]
Schedule 1 Principal amendment of Mining Act 1992 No 29
(2) A reference in section 163C: 1
(a) to an authorisation includes a reference to a relevant licence cancelled 2
by this Schedule, or 3
(b) to the holder of an authorisation includes a reference to a former holder 4
of such a relevant licence. 5
10 Obtaining exploration information 6
(1) For the purposes of Part 12 (Powers of entry and inspection) of this Act, the 7
obtaining of exploration information or any record of exploration information 8
is considered to be for purposes connected with the administration of this Act. 9
(2) Accordingly, section 248B (Requirement to provide information and records) 10
extends to authorise an inspector to require a person to furnish exploration 11
information or any record of exploration information. 12
(3) Any core or sample that is exploration information furnished under 13
section 248B becomes the property of the State. 14
(4) In this clause, exploration information means information obtained from, 15
used for the purposes of or in connection with, or comprising the results of, any 16
test, study, survey, analysis or research conducted by or on behalf of the holder 17
of a relevant licence in respect of relevant land or a relevant licence and 18
includes any core or sample taken on or from relevant land under a relevant 19
licence. 20
11 Disclosure and use of information for future mining purposes 21
(1) The appropriate official may use or disclose any information obtained in 22
connection with the administration or execution of this Act or the Planning Act 23
in respect of a relevant licence or relevant land if the use or disclosure is in 24
connection with any application or tender (or proposed application or tender) 25
under this Act or any application under the Planning Act (whether or not in 26
respect of relevant land) or is for any other purpose approved by the Minister. 27
(2) The appropriate official is: 28
(a) the Director-General under this Act in the case of information obtained 29
in connection with the administration or execution of this Act, or 30
(b) the Director-General under the Planning Act in the case of information 31
obtained in connection with the administration or execution of the 32
Planning Act. 33
(3) No intellectual property right or duty of confidentiality (whether arising by 34
agreement, under a relevant licence or otherwise) prevents the use or 35
disclosure of information by the appropriate official as authorised by this 36
clause or the use or disclosure of that information by or on behalf of a person 37
to whom it has been disclosed as authorised by this clause. 38
(4) No liability attaches to the State or any other person in connection with the use 39
or disclosure of information as authorised by this clause. 40
(5) Clause 58 (Confidentiality of reports) of the Mining Regulation 2010 does not 41
prevent the disclosure of information under this clause even if the information 42
is contained in a report lodged with the Director-General before the 43
commencement of this clause. 44
(6) The disclosure of information under this clause is taken to be in connection 45
with the administration or execution of this Act and the Planning Act. 46
Page 8
Mining Amendment (ICAC Operations Jasper and Acacia) Bill 2014 [NSW]
Schedule 1 Principal amendment of Mining Act 1992 No 29
(7) In this clause: 1
disclose includes publish or communicate. 2
use includes reproduce. 3
Part 4 Miscellaneous 4
12 Clearing away of mining plant 5
To avoid doubt, a reference in section 245 to the holder of an authority 6
includes a reference to a former holder of relevant licence. 7
13 Continuation of certain conditions of relevant licences 8
(1) The preserved conditions of a relevant licence continue to have effect despite 9
the cancellation of the licence by this Schedule. Accordingly, any obligation 10
imposed on the holder of a relevant licence under the preserved conditions 11
continues to have effect. 12
(2) The preserved conditions are conditions 16 (f)-(h), 18 (c), 19 (d), 20 (g), 13
23 (b) (vii), 27, 28, 29, 32 and 44 of each relevant licence, and condition 54 of 14
EL 7270, as in force immediately before the cancellation date. 15
(3) A reference in section 240 or 378D to a condition of an authorisation includes 16
a reference to a preserved condition of a relevant licence. 17
(4) A reference in section 378D: 18
(a) to an authorisation includes a reference to a relevant licence cancelled 19
by this Schedule, or 20
(b) to the holder of an authorisation includes a reference to a former holder 21
of such a relevant licence. 22
14 Security requirements 23
(1) The requirement to give and maintain security under condition 29 of a relevant 24
licence lapses when the Minister determines that the requirements of any 25
directions under section 240 or obligations under the relevant licence 26
(non-compliance with which would authorise a claim on or realisation of the 27
deposit) have been fulfilled to a satisfactory extent and in a satisfactory 28
manner. 29
(2) The Minister is not required to make a determination under subclause (1) until 30
the Minister is satisfied that no directions or further directions under 31
section 240 are required. 32
(3) The Minister must, if practicable, give written notice of a determination under 33
subclause (1) to the former holder of the relevant licence. 34
(4) For the purposes of section 378D, and sections 378H and 378I and Schedule 7 35
to this Act (as they apply to contraventions of section 378D), condition 29 of 36
a relevant licence is taken to be a condition of a kind referred to in Part 1 of 37
Schedule 7 to this Act. 38
(5) Subclause (4) applies only to a contravention of section 378D that occurs on 39
or after the cancellation date. 40
15 Access arrangements 41
(1) The cancellation of a relevant licence by this Schedule does not affect any 42
liabilities of a holder or former holder of the relevant licence under an access 43
arrangement. 44
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Mining Amendment (ICAC Operations Jasper and Acacia) Bill 2014 [NSW]
Schedule 1 Principal amendment of Mining Act 1992 No 29
(2) The cancellation of a relevant licence by this Schedule operates, for the 1
purposes of any access arrangement relating to the relevant licence: 2
(a) as an occasion of the holder of the relevant licence ceasing to hold an 3
authority over the exploration area, and 4
(b) as a cancellation of the relevant licence for the purpose of any provision 5
of the access arrangement that deals with the cancellation of an 6
authority (including any provision that refers to cancellation under 7
Division 3 of Part 7 of this Act). 8
(3) The regulations may make provision for the termination of any access 9
arrangements relating to a relevant licence. 10
16 Further Planning Act applications prohibited 11
(1) An application under the Planning Act for consent or approval to carry out 12
development on relevant land for any of the following purposes cannot be 13
made except by a person who is the holder of an authority that is in force in 14
relation to that land: 15
(a) mining, 16
(b) prospecting. 17
(2) To avoid doubt, mining and prospecting have the meanings given by this Act. 18
Page 10
Mining Amendment (ICAC Operations Jasper and Acacia) Bill 2014 [NSW]
Schedule 2 Further amendment of Mining Act 1992 No 29
Schedule 2 Further amendment of Mining Act 1992 No 29 1
[1] Section 163C Reports 2
Omit section 163C (3). Insert instead: 3
(3) A person who fails, without reasonable excuse, to prepare or lodge a report in 4
accordance with this section or the regulations is guilty of an offence. 5
Maximum penalty: 6
(a) in the case of a corporation--10,000 penalty units, and, in the case of a 7
continuing offence, a further penalty of 1,000 penalty units for each day 8
that the offence continues, or 9
(b) in the case of a natural person--2,000 penalty units, and, in the case of 10
a continuing offence, a further penalty of 200 penalty units for each day 11
that the offence continues. 12
[2] Section 244 Definitions 13
Omit the definition of former holder. 14
[3] Section 378H Proceedings for offences 15
Omit "Part 2 or" from section 378H (1) (a). 16
Insert instead "Part 2, section 163C,". 17
[4] Schedule 6 Savings, transitional and other provisions 18
Insert at the end of the Schedule with appropriate Part and clause numbering: 19
Part Provisions consequent on enactment of Mining 20
Amendment (ICAC Operations Jasper and Acacia) 21
Act 2014 22
Increased penalty for failure to report 23
(1) The amendment of section 163C (Reports) by the Mining Amendment (ICAC 24
Operations Jasper and Acacia) Act 2014 extends to a failure occurring after 25
the commencement of the amendment to prepare or lodge a report in respect 26
of matters occurring before that commencement. 27
(2) The amendment of section 378H by the Mining Amendment (ICAC Operations 28
Jasper and Acacia) Act 2014 does not apply to an offence under section 29
163C (3) as in force before its substitution by that Act. 30
[5] Dictionary 31
Insert in alphabetical order: 32
former holder, in relation to an authorisation that has ceased to apply to land 33
(including because it has been cancelled, expired or has otherwise ceased to 34
have effect), means the person who was the holder of the authorisation 35
immediately before it ceased to apply to the land. 36
Page 11
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