New South Wales Consolidated Acts

MINING ACT 1992 - SECT 392

392 Interpretation

(1) In this Division--

"authorisation" does not include an environmental assessment permit under section 252.

"decision" includes declaration.

"decision-maker" , for a decision under this Division, means the decision-maker in relation to the authorisation that makes the person concerned a relevant person.

"declared person" --see section 393.

"relevant person" means the following--

(a) a person who is or was a holder of an authorisation,

(b) a person who is or was an applicant for an authorisation,

(c) a person who is a proposed transferee under an application to transfer an authorisation,

(d) a person who is or was associated with an authorisation or activity approval.

"specified decision" , in relation to an authorisation, means the following--

(a) a decision to reject an application to grant or renew the authorisation to a declared person,

(b) a decision to reject an application to transfer the authorisation to a declared person,

(c) a decision to cancel the authorisation or to suspend a condition of, or operations under, the authorisation, in whole or in part, if held by a declared person,

(d) a decision to suspend an activity approval related to an authorisation held by a declared person,

(e) a decision to restrict operations under an authorisation held by a declared person by the imposition or variation of conditions of an authorisation.

(2) In this Division, a person is
"associated with an authorisation or activity approval" if, in the opinion of the decision-maker, the person--

(a) has or had an arrangement, whether formal or informal, that gives or gave the person the capacity to determine the outcome of financial or operating decisions about activities under the authorisation or activity approval, or

(b) holds or has held office as a director of a body corporate that gives or gave the person the capacity to determine the outcome of financial or operating decisions about activities under the authorisation or activity approval.

Note--: A
"director" of a body corporate includes any person involved in the management of the affairs of the body corporate--see the Dictionary.