New South Wales Consolidated Acts

MINING ACT 1992 - SCHEDULE 4

SCHEDULE 4 – Regulation making powers

(Section 388)

1 Prospecting

Regulating prospecting and the carrying on of operations for that purpose, the methods which may or may not be used for that purpose and the duties of specified persons in relation to prospecting operations.

2 Mining

Regulating mining and the carrying on of operations for that purpose, the methods which may or may not be used for that purpose and the duties of specified persons in relation to mining operations.

3 Fossicking

Regulating fossicking and the carrying on of operations for that purpose and the methods which may or may not be used for that purpose.

4 Administrative matters

Prescribing the qualifications for, and the functions of, mining inspectors and other persons acting in the administration of this Act.

5 Mining improvements

Regulating the construction, use and maintenance of mining improvements on Crown lands in cases where a mining lease has not been granted.

6 Tourist activities

Regulating the conduct of tourist activities in mining areas.

7 Fees, levies, charges and refunds

Regulating the imposition of fees, levies and charges and authorising the postponement, refund or waiver of fees, levies and charges.

8 Statistics and accounts

Providing for--

(a) the compilation of mining statistics, and

(b) the giving of information for the purpose of enabling mining statistics to be compiled, and

(c) the keeping of books of account, and

(d) the inspection of and giving of information from books of account.

9 Records and registers

Providing for--

(a) the keeping of records and registers, and

(b) the ways of making registers publicly available for inspection and copying.

9A Aggregation of conditions of mining leases

Providing for the aggregation of the labour or expenditure conditions of mining leases and the cancellation or variation of any such aggregation.

10 Arbitration

Regulating arbitrator's costs under this Act and the procedure of any arbitration conducted under this Act.

12 Savings and transitional provisions

Prescribing provisions of a savings or transitional nature consequent on the consolidation of any existing leases under Part 6 or the transfer of parts of assessment leases or mining leases under Part 7.

13 Meaning of "vicinity" and "directly facilitates"

(1) Specifying circumstances in which an ancillary mining activity is taken for the purposes of the Act--

(a) to be or not to be in the vicinity of a mining lease or mineral claim, or

(b) to directly facilitate or not to directly facilitate a mining lease or mineral claim.

(2) Without limiting subclause (1)(a), a regulation may specify circumstances in which an ancillary mining activity is taken for the purposes of the Act to be in the vicinity of a mining lease or mineral claim even if the ancillary mining activity is being carried out at a significant distance from the mining lease or mineral claim.