New South Wales Consolidated Acts

MINING ACT 1992 - SECT 188

188 Dwelling-houses, gardens and significant improvements

(1) A mineral claim may not be granted over the surface of any land--

(a) on which, or within the prescribed distance of which, is situated a dwelling-house that is the principal place of residence of the person occupying it or a woolshed or shearing shed which is in use as such, or

(b) on which, or within the prescribed distance of which, is situated any garden, or

(c) on which is situated any significant improvement other than an improvement constructed or used for ancillary mining activities only,

except with the written consent of the owner of the dwelling-house, woolshed, shearing shed, garden or improvement (and, in the case of the dwelling-house, the written consent of its occupant).

(2) The prescribed distance is--

(a) 200 metres (or, if a greater distance is prescribed by the regulations, the greater distance) for the purposes of subsection (1) (a), and

(b) 50 metres (or, if a greater distance is prescribed by the regulations, the greater distance) for the purposes of subsection (1) (b).

(2A) A mineral claim may not be granted over land--

(a) which is within a preserved mining field, and

(b) which is privately owned land (that is, land that is not Crown land) or is Crown land held under a Western lands lease (as defined in Schedule 3 to the Crown Land Management Act 2016 ) for residential purposes, and

(c) within which is situated a dwelling-house that is the principal place of residence of its occupier,

except with the written consent of both the owner and the occupier of the dwelling-house.

(2B) Subsection (1) does not apply to land referred to in subsection (2A).

(3) A written consent given under this section is irrevocable.

(4) Subsections (1) and (2A) do not apply in respect of a dwelling-house, woolshed, shearing shed, garden or significant improvement that was not in existence when the application for the mineral claim was lodged.

(5) If a dispute arises as to whether or not subsection (1) or (2A) applies in a particular case, any party to the dispute may apply to the Land and Environment Court for a determination of the matter.

(6) A mineral claim may not be granted over land below the surface of land referred to in subsection (1) except at such depths, and subject to such conditions, as the decision-maker considers sufficient to minimise damage to that surface.