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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Mining and Petroleum Legislation
Amendment (Public Interest) Bill 2013
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to make the public interest a ground (in addition to other grounds) for
making any of the following decisions relating to mining or petroleum rights or titles:
(a) a decision to refuse to grant, renew or transfer a mining or petroleum right or title,
(b) a decision to refuse a tender for a mining right or title,
(c) a decision to cancel a mining or petroleum right or title, or to suspend operations under a
mining or petroleum right or title (in whole or in part),
(d) a decision to restrict operations under a mining or petroleum right or title by the imposition
or variation of conditions of the right or title.
The Bill will extend to pending applications for mining or petroleum rights or titles.
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.
b2013-186-26.d07
Mining and Petroleum Legislation Amendment (Public Interest) Bill 2013 [NSW]
Explanatory note
Schedule 1 Amendment of Mining Act 1992 No 29
Schedule 1 gives effect to the Overview above with respect to the Mining Act 1992.
Schedule 2 Amendment of Petroleum (Onshore) Act 1991
No 84
Schedule 2 gives effect to the Overview above with respect to the Petroleum (Onshore) Act 1991.
Page 2
First print
New South Wales
Mining and Petroleum Legislation
Amendment (Public Interest) Bill 2013
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Mining Act 1992 No 29 3
Schedule 2 Amendment of Petroleum (Onshore) Act 1991 No 84 4
b2013-186-26.d07
New South Wales
Mining and Petroleum Legislation
Amendment (Public Interest) Bill 2013
No , 2013
A Bill for
An Act to amend the Mining Act 1992 and the Petroleum (Onshore) Act 1991 to make the public
interest a ground for certain decisions relating to mining or petroleum rights or titles.
Mining and Petroleum Legislation Amendment (Public Interest) Bill 2013 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Mining and Petroleum Legislation Amendment (Public Interest) 3
Act 2013. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Mining and Petroleum Legislation Amendment (Public Interest) Bill 2013 [NSW]
Schedule 1 Amendment of Mining Act 1992 No 29
Schedule 1 Amendment of Mining Act 1992 No 29 1
Section 380A 2
Insert after section 380: 3
380A Public interest relevant ground for making certain decisions about mining 4
rights 5
(1) In this section, mining right means an exploration licence, an assessment 6
lease, a mining lease, a mineral claim or an opal prospecting licence. 7
(2) The public interest is a ground (in addition to any other available ground) on 8
which any of the following decisions may be made under this Act: 9
(a) a decision to refuse to grant, renew or transfer a mining right, 10
(b) a decision to refuse a tender for a mining right, 11
(c) a decision to cancel a mining right or to suspend operations under a 12
mining right (in whole or in part), 13
(d) a decision to restrict operations under a mining right by the imposition 14
or variation of conditions of a mining right. 15
(3) To avoid doubt, sections 127 (1) and 205 (1) extend to the cancellation of a 16
mining right under this section. 17
(4) This section has effect despite anything to the contrary in this Act. 18
(5) This section applies to any decision made after the commencement of this 19
section, including: 20
(a) a decision with respect to an application or other matter that was 21
pending on that commencement, and 22
(b) a decision that is based on conduct that occurred, or on a matter that 23
arose, before that commencement. 24
Page 3
Mining and Petroleum Legislation Amendment (Public Interest) Bill 2013 [NSW]
Schedule 2 Amendment of Petroleum (Onshore) Act 1991 No 84
Schedule 2 Amendment of Petroleum (Onshore) Act 1991 1
No 84 2
[1] Section 21 Grounds on which application may be refused 3
Omit ", or" from section 21 (d) and omit section 21 (e). 4
[2] Section 24A 5
Insert after section 24: 6
24A Public interest relevant ground for making certain decisions about petroleum 7
titles 8
(1) The public interest is a ground (in addition to any other available ground) on 9
which any of the following decisions may be made under this Act: 10
(a) a decision to refuse to grant, renew or transfer a petroleum title, 11
(b) a decision to cancel a petroleum title or to suspend operations under a 12
petroleum title (in whole or in part), 13
(c) a decision to restrict operations under a petroleum title by the 14
imposition or variation of conditions of a petroleum title. 15
(2) To avoid doubt, section 22 (5) extends to the cancellation of (or suspension of 16
operations under) a petroleum title under this section. 17
(3) This section has effect despite anything to the contrary in this Act. 18
(4) This section applies to any decision made after the commencement of this 19
section, including: 20
(a) a decision with respect to an application or other matter that was 21
pending on that commencement, and 22
(b) a decision that is based on conduct that occurred, or on a matter that 23
arose, before that commencement. 24
Page 4
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