New South Wales Consolidated Acts

MINING ACT 1992 - SECT 383

383 Service of documents

(1) For the purposes of this Act, any notice or other document may be served on a person--

(a) in the case of a natural person--

(i) by delivering it personally to the person, or

(ii) by delivering it to the place of residence, or a place of business, of the person and by leaving it there for the person with some other person apparently of or above the age of 16 years, or

(iii) by posting it duly stamped and addressed to the person at the place last shown in the records of the Department as the person's place of residence or business, or

(b) in the case of a body corporate--by leaving it with a person apparently of or above the age of 16 years at, or by sending it by post to, a registered office of the body corporate, or

(c) by posting it duly stamped and addressed to the person at the place indicated by the person as an address to which correspondence may be posted (including for example a post office box), or

(d) by sending it by email to an email address specified by the person for the service of notices or documents of that kind, or

(e) by leaving it addressed to the person at a document exchange or other place (in accordance with usual arrangements for the exchange or other place) indicated by the person as an exchange or place through which correspondence may be forwarded to the person, or

(f) by another method of electronic communication if the person has consented to the service of documents by the method, or

(g) by another method authorised by the regulations for the service of documents of that kind.

(2) If a landholder on whom a document is authorised or required under this Act to be served is absent from the State or cannot, after diligent inquiry, be found or identified, and that person's place of residence or business cannot, after diligent inquiry, be ascertained, the document may be served by affixing it on some conspicuous part of the land.

(3) If under this Act a document is authorised or required to be served on the holder of an authority or a mineral claim and there is more than one such holder, service on any one such holder of the document, together with copies of the document addressed to the other holders, is taken to be service on all of the holders.

(4) If a person has more than one place of business, service may be effected under this section at any of those places.

(6) A requirement of this Act to serve a document on a landholder is, if the landholder is the Crown, a requirement to serve it in the manner prescribed by the regulations.

(7) The regulations may, in a particular case or class of cases, dispense with service on the Crown pursuant to a requirement referred to in subsection (6).

(8) Nothing in this section affects the operation of a law or of the rules of a court authorising a document to be served on a person by another method.

(9) In this section,
"serve" includes issue, give or send.