New South Wales Consolidated Acts

MINING ACT 1992 - SECT 11A

11A Certain activities taken not to be prospecting or mining

(1) The regulations may declare that, or provide for the declaration by the Minister that, a specified activity is, or a specified class or classes of activities are, not prospecting or mining for the purposes of this Act.

(2) A declaration referred to in subsection (1)--

(a) may require a person who proposes to carry out any such activity to give notice of intention to do so to the Secretary, and

(b) may require a person who carries out any such activity to pay royalty to the Crown in respect of any publicly owned minerals recovered as a consequence of the carrying out of that activity.

(3) Part 14 applies, subject to any modifications necessary to give effect to a declaration under subsection (1) and any modifications prescribed by the regulations--

(a) to royalty payable under subsection (2) in the same way as it applies to royalty payable on a mineral recovered under a mining lease, and

(b) to the person by whom royalty is payable as if the person were the holder of a mining lease.