New South Wales Consolidated Acts

MINING ACT 1992 - SECT 6

6 Unauthorised carrying out of designated ancillary mining activities

(1) Carrying out of designated ancillary mining activities within authorisation area A person must not carry out a designated ancillary mining activity on land within an authorisation area except in accordance with the authorisation.

(2) Carrying out of designated ancillary mining activities outside mining area A person must not, on land that is not within the mining area of a mining lease, carry out a designated ancillary mining activity that is in the vicinity of and that directly facilitates the mining lease concerned, except in accordance with--

(a) a condition of the mining lease that regulates the carrying out of the activity, or

(b) another mining lease in respect of an ancillary mining activity or activities only that authorises the carrying out of the activity.

(3) Carrying out of designated ancillary mining activities outside claim area, but within mineral claims district A person must not, on land that is not within the claim area of a mineral claim, but is within a mineral claims district, carry out a designated ancillary mining activity, except in accordance with--

(a) a mining lease in respect of an ancillary mining activity or activities only that authorises the carrying out of the activity, or

(b) a mineral claim in respect of an ancillary mining activity or activities only that authorises the carrying out of the activity.

(4) Carrying out of designated ancillary mining activities outside mineral claims district A person must not, on land that is not within a mineral claims district, carry out a designated ancillary mining activity that is in the vicinity of and that directly facilitates a mineral claim, except in accordance with a mining lease in respect of an ancillary mining activity or activities only that authorises the carrying out of the activity.

(5) Exemptions The regulations may provide for the exemption (including by order of the Minister) of a person or class of persons from the operation of this section with respect to the carrying out of a designated ancillary mining activity, or a class of designated ancillary mining activities.

(6) Meaning of "designated ancillary mining activity" In this section,
"designated ancillary mining activity" means the following--

(a) the construction, maintenance or use, in or in connection with mining operations, of a reservoir, dam (including a tailings dam), drain or water race,

(b) opal puddling,

(c) the removal, stockpiling or depositing of overburden, ore or tailings to the extent that it is associated with mineral extraction or mineral beneficiation.

(7) However, the construction, maintenance or use of a reservoir, dam, drain or water race principally used for purposes not connected with mining or another activity regulated by or under an authorisation is not a
"designated ancillary mining activity" .

: Maximum penalty--

(a) in the case of a corporation--10,000 penalty units, and, in the case of a continuing offence, a further penalty of 1,000 penalty units for each day that the offence continues, or

(b) in the case of a natural person--2,000 penalty units or imprisonment for 5 years, or both, and, in the case of a continuing offence, a further penalty of 200 penalty units for each day that the offence continues.