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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Mining Legislation Amendment
(Uranium Exploration) Bill 2012
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Mining Act 1992 No 29 3
Schedule 2 Amendment of Mining Regulation 2010 5
Schedule 3 Amendment of Uranium Mining and Nuclear Facilities
(Prohibitions) Act 1986 No 194 7
Schedule 4 Amendment of Radiation Control Act 1990 No 13 8
Schedule 5 Amendment of Aboriginal Land Rights Act 1983 No 42 9
Schedule 6 Amendment of State Environmental Planning Policy
(Mining, Petroleum Production and Extractive
Industries) 2007 10
b2012-008-07.d14
New South Wales
Mining Legislation Amendment
(Uranium Exploration) Bill 2012
No , 2012
A Bill for
An Act to amend the Mining Act 1992, the Uranium Mining and Nuclear Facilities
(Prohibitions) Act 1986 and other Acts and instruments with respect to prospecting
for uranium and the ownership of uranium; and for other purposes.
Clause 1 Mining Legislation Amendment (Uranium Exploration) Bill 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Mining Legislation Amendment (Uranium Exploration) 3
Act 2012. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
Page 2
Mining Legislation Amendment (Uranium Exploration) Bill 2012
Amendment of Mining Act 1992 No 29 Schedule 1
Schedule 1 Amendment of Mining Act 1992 No 29 1
[1] Section 10A 2
Insert after section 10: 3
10A Restriction on grant of authorisations with respect to uranium 4
An authorisation (other than an exploration licence or an 5
environmental assessment permit relating to an exploration 6
licence) may not be granted in respect of uranium. 7
[2] Section 379AA 8
Insert after section 379: 9
379AA Uranium the property of the Crown 10
(1) All uranium existing in a natural state on or below the surface of 11
any land in the State is the property of the Crown, and is taken to 12
have been so always. 13
(2) All Crown grants and leases and every licence and other 14
instrument of title or tenure under any Act relating to lands of the 15
Crown, whether granted before or after the commencement of 16
this section, are taken to contain a reservation to the Crown of all 17
uranium existing in a natural state on or below the surface of the 18
land comprised in the instrument concerned. 19
(3) No compensation is payable by the Crown for: 20
(a) any uranium that was at any time vested in any person 21
other than the Crown, or 22
(b) any rights or interests in any uranium of any person other 23
than the Crown that are affected by the operation of this 24
section. 25
(4) The provisions of this section have effect despite anything 26
contained in section 42 of the Real Property Act 1900. 27
(5) In this section: 28
compensation includes damages or any other form of monetary 29
compensation. 30
[3] Schedule 6 Savings, transitional and other provisions 31
Insert at the end of clause 1 (1): 32
Mining Legislation Amendment (Uranium Exploration) Act 2012 33
Page 3
Mining Legislation Amendment (Uranium Exploration) Bill 2012
Schedule 1 Amendment of Mining Act 1992 No 29
[4] Dictionary 1
Omit "uranium or" from the definition of mineral. 2
[5] Dictionary 3
Insert in alphabetical order: 4
uranium includes uranium minerals and uranium ores. 5
Page 4
Mining Legislation Amendment (Uranium Exploration) Bill 2012
Amendment of Mining Regulation 2010 Schedule 2
Schedule 2 Amendment of Mining Regulation 2010 1
[1] Schedule 1 Minerals 2
Insert in alphabetical order: 3
uranium 4
[2] Schedule 2 Groups of minerals 5
Omit "thorium" from Group 1. 6
[3] Schedule 2, Group 11 7
Insert after Group 10: 8
Group 11 (Uranium) 9
thorium 10
uranium 11
[4] Schedule 10 Fees 12
Omit "Groups 1-8 and 10 minerals" wherever occurring. 13
Insert instead "Groups 1-8, 10 and 11 minerals". 14
[5] Schedule 12 Savings and transitional provisions 15
Insert after Part 2: 16
Part 3 Provisions consequent on enactment of 17
Mining Legislation Amendment (Uranium 18
Exploration) Act 2012 19
10 Definition 20
In this Part: 21
amending Act means the Mining Legislation Amendment 22
(Uranium Exploration) Act 2012. 23
11 Changes to mineral groups 24
Despite the amendment made by Schedule 2 [2] to the amending 25
Act, thorium is taken to continue to be a Group 1 mineral for the 26
following purposes: 27
(a) the determination of an application for, and the granting of, 28
an exploration licence or a renewal of an exploration 29
licence, if the application was made (but not determined) 30
before the commencement of that amendment, 31
Page 5
Mining Legislation Amendment (Uranium Exploration) Bill 2012
Schedule 2 Amendment of Mining Regulation 2010
(b) the operation of an exploration licence in respect of 1
Group 1 minerals, and an application for the renewal of, 2
and the renewal of, any such licence, if the original licence 3
was granted before that commencement or granted as 4
referred to in paragraph (a). 5
Page 6
Mining Legislation Amendment (Uranium Exploration) Bill 2012
Amendment of Uranium Mining and Nuclear Facilities (Prohibitions) Act Schedule 3
1986 No 194
Schedule 3 Amendment of Uranium Mining and 1
Nuclear Facilities (Prohibitions) Act 1986 2
No 194 3
[1] Section 3 Objects of Act 4
Omit "prospecting or" from section 3 (a). 5
[2] Section 4 Definitions 6
Omit the definition of prospect. 7
[3] Section 7 Mining for uranium prohibited 8
Omit "prospect or" from section 7 (1). 9
[4] Section 7 (2) 10
Omit the subsection. Insert instead: 11
(2) An authority, mineral claim or opal prospecting licence under the 12
Mining Act 1992 (whether granted before or after the 13
commencement of this subsection) does not authorise the holder 14
of the authority, claim or licence to mine for uranium in 15
contravention of this section. 16
Page 7
Mining Legislation Amendment (Uranium Exploration) Bill 2012
Schedule 4 Amendment of Radiation Control Act 1990 No 13
Schedule 4 Amendment of Radiation Control Act 1
1990 No 13 2
Section 5 3
Omit the section. Insert instead: 4
5 Application of Act to radioactive ore being prospected for or 5
mined or treated 6
This Act does not apply to a radioactive ore while it is the subject 7
of an activity carried out at a place of work to which the Mine 8
Health and Safety Act 2004 applies. 9
Page 8
Mining Legislation Amendment (Uranium Exploration) Bill 2012
Amendment of Aboriginal Land Rights Act 1983 No 42 Schedule 5
Schedule 5 Amendment of Aboriginal Land Rights 1
Act 1983 No 42 2
[1] Section 45 Mineral rights and mining on Aboriginal land 3
Insert after section 45 (1) (a): 4
(b) uranium has the same meaning as it has in the Mining Act 5
1992. 6
[2] Section 45 (11) 7
Omit "the Crown's ownership of coal and petroleum". 8
Insert instead "the Crown's ownership of coal, petroleum and uranium". 9
[3] Section 45 (12) (a) 10
Omit "coal or petroleum". Insert instead "coal, petroleum or uranium". 11
Page 9
Mining Legislation Amendment (Uranium Exploration) Bill 2012
Schedule 6 Amendment of State Environmental Planning Policy (Mining, Petroleum
Production and Extractive Industries) 2007
Schedule 6 Amendment of State Environmental 1
Planning Policy (Mining, Petroleum 2
Production and Extractive Industries) 3
2007 4
Clause 3 Interpretation 5
Omit "uranium or" from the definition of mineral in clause 3 (2). 6
Page 10
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