MINING REGULATIONS (Repealed)

This reprint shows the Regulations as in force at 1 January 2010. Any amendments that commence after that date are not included.

(1) In these Regulations, a reference to a form by number is a reference to the form so numbered in Schedule 4.

(2) A form in Schedule 4 shall be completed in accordance with such directions and instructions as are specified in the form.

For the purposes of section 10 of the Act, a miner's right shall be in accordance with Form 1.

(1) For the purposes of the Act, the prescribed rent for an exploration licence is:

(2) The prescribed rent for an exploration licence for each year (other than the first year) is payable within one month before the expiration of the previous 12 month period.

(3) The prescribed rent for the term of the renewal of an exploration licence is $320 for each block.

(1) For the purposes of section 44 of the Act, the prescribed rent for an exploration retention licence is $10 per hectare or part of a hectare for each year in respect of the land the subject of the licence.

(3) The prescribed rent for an exploration retention licence for each year (other than the first year) is payable within one month before the expiration of the previous 12 month period.

For the purposes of section 46 of the Act, the prescribed rent for the renewal or further renewal of an exploration retention licence is $10 per hectare or part of a hectare for each year in respect of the land the subject of the licence as renewed or further renewed.

For the purposes of section 65 of the Act, where compensation is paid in accordance with that section the prescribed amount of interest payable in respect of that compensation shall be an amount equal to the rate of interest payable by the Territory on borrowings for a maximum period of 10 years secured by the issue of Northern Territory stock on a loan first raised after the date upon which the exploration retention licence was issued.

For the purposes of section 69 of the Act, the prescribed rent is $10 for each hectare or part of a hectare for each year.

For the purposes of sections 11(1)(b) and 83(4) of the Act, an approval of a warden to enter land is to be in accordance with Form 2.

For the purposes of sections 88 and 90(2) of the Act, the prescribed rent is $10 for each hectare or part of a hectare for each year.

For the purposes of sections 103(2) and 192 of the Act, the prescribed rent is $200 for each hectare or part of a hectare for each year.

(1) The rent for an extractive mineral permit is $50 per hectare or part of a hectare for each year in respect of the land the subject of the permit.

(2) The rent for the second year of an extractive mineral permit, or the second year of a renewal period of an extractive mineral permit, is payable within one month before the expiration of the previous 12 month period.

(1) If an annual rent prescribed by these Regulations is payable in respect of a period any of which is after 30 June 2000, the amount of the rent payable in respect of the period after 30 June 2000 is increased by the amount of the GST component.

(2) Despite that rent in respect of a period after 30 June 2000 may have been paid, the additional amount of the GST component may be separately charged and is payable by the holder of the lease, licence or permit (as the case may be) within one month after the date the charge is made.

(3) The GST component of rent in respect of a period after 30 June 2000 is to be calculated in accordance with the formula:

(4) In this regulation, GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.

The rent referred to in regulations 11, 12, and 13 for each year (other than the first year) is payable within one month before the expiration of the previous 12 month period.

For the purposes of section 130C(1)(a) of the Act, a fossicker's permit is to contain the following information:

For the purposes of section 130C(1)(b) of the Act, the prescribed term of a fossicker's permit is:

(a) in the case of a permit issued before 30 June 2000 – as expressed on the face of the permit; and

(1) If the person to whom an application is made for a fossicker's permit is satisfied that the purpose for the application is to conduct a course of study or some other educational service or program (however described), he or she must issue the fossicker's permit.

(b) if issued to a corporation, the person or persons who have responsibilities for and on behalf of the corporation for the conduct of the course of study or other educational service or programme,

together with each person who has enrolled in or otherwise arranged to participate in the course of study or educational service or programme, to fossick.

(3) No fee is payable in respect of an application for, or the issue of, a fossicker's permit referred to in subregulation (1).

(1) Subject to regulation 21, an area that is the subject of an application for:

(f) there shall, subject to subregulation (1A), be erected at each corner of the area the subject of the application a substantial metal post or cairn of stones, which, when erected, shall project above the surface of the area by not less than one metre;

(g) each metal post or cairn of stones referred to in paragraph (f) shall be set in the angle of 2 trenches (each arm of which shall be not less than one metre in length and 150 millimetres in depth) placed as to indicate the direction of the boundary lines or, where it is impracticable to cut trenches because of the nature of the ground, there shall be erected instead rows of stones not less than one metre in length and 150 millimetres in height;

(h) the boundary lines between each metal post or cairn of stones shall be cleared to a width of not more than one metre to provide a clear line of sight between each metal post or cairn of stones;

(j) where, in the clearing of the boundary lines referred to in paragraph (h), a tree obstructs the line of sight between the metal post or cairn of stones and another metal post or cairn of stones referred to in that paragraph:

(i) in the case of an immature tree – the tree may be cut down and removed; and

(iii) no tree shall be cut down and removed other than in accordance with subparagraph (i); and

(iv) care shall be taken to do as little damage to the environment as practicable;

(k) where, between a metal post, cairn of stones or a flagged tree or flagged trees and another metal post, cairn of stones or a flagged tree or flagged trees, it is not possible to view that other metal post, cairn of stones or a flagged tree or trees, there shall be erected such additional metal posts or cairns of stones as are necessary to enable a clear line of sight along the boundary line from one metal post, cairn of stones or flagged tree or trees to the next metal post, cairn of stones or flagged tree or trees.

(1A) Where a corner of an area referred to in subregulation (1) is also the corner of another area referred to in that subregulation and the applications referred to in that subregulation relating to those areas are made by the same person, irrespective of whether they are made at different times, the metal post or cairn of stones required under subregulation (1)(f) for such a corner of one of those areas shall, unless the Secretary otherwise directs, for the purposes of these Regulations be deemed to be such a metal post or cairn of stones, as the case may be, for such a corner of the other area.

(2) The boundaries of the area marked out in accordance with subregulation (1) shall, unless otherwise approved by the Secretary, be as near as possible to the true meridian bearings of north-south and east-west, and the metal post or cairn of stones placed under subregulation (1)(f) at the north-eastern corner of the area shall be the datum post.

(3) The location of the datum post referred to in subregulation (2) shall be described in the application by reference to:

(a) a readily identifiable geographic feature or, where practicable, to a known survey point; and

(3A) Where an applicant at the same time makes applications in relation to more than one area and the areas are adjacent to each other, a reference in each application to the latitude and longitude of one datum post for one of the areas is sufficient compliance with subregulation (3)(b) in respect of the area the subject of the application.

(4) Where, due to the presence of water or some other obstacle, it is not possible to erect a corner post in its proper position at the end of a boundary line, there shall be erected a post on the boundary line as near as possible to where the corner post should have been erected and the post shall be marked as a witness post, instead of the requirement under subregulation (1) for such corner post, with the letters W.P. and the distances in metres from, and the directions of the point at which, the corner post would ordinarily have been placed.

(5) At the time of marking out an area in accordance with subregulation (1) there shall be fixed to the datum post a metal plate etched or stamped, or printed in durable oil-based paint, so as to remain clearly legible, specifying the type of title, the date of marking out, the time of marking out, the size of the area, the subject of the application and the full name and address of the applicant.

(6) Where the whole of the area in respect of which an application for a mining tenement is made is covered by water, it is not necessary for the applicant to mark out that area, but, in such cases, he shall give such notice of his application and comply with such conditions as the mining registrar may direct.

(7) An area that is the subject of an application referred to in subregulation (1) shall be clearly marked by coloured edgings, hatching or colouring on a map of a scale not exceeding 1:250,000.

(8) The holder of a mineral claim, extractive mineral lease or extractive mineral permit granted as the result of an application referred to in subregulation (1), shall maintain in good order and condition all metal posts, cairns of stones and boundary lines.

(9) For the purposes of section 179(1) of the Act, the prescribed manner of marking out a right of way is the manner prescribed in this Regulation.

Subject to these Regulations, an area of land marked out in accordance with regulation 19 shall be a parallelogram, rectangular in shape, the length of which is not to exceed twice the width, except where:

(a) Territorial boundaries, tidal water or the external boundaries or other natural features of the area available for marking out make such shape impracticable; or

(1) Subject to subregulation (2), where land has been previously surveyed and is identical with a forfeited, abandoned or surrendered mining tenement, it shall not be necessary to mark out such land in accordance with regulation 19.

(2) A person making an application referred to in regulation 19(1) in respect of an area of land to which subregulation (1) applies shall affix to the datum post on the land a board or metal plate and that board or metal plate shall have affixed to it a notice, adequately protected so as to remain clearly legible, specifying the type of title, the date of affixing of the board or metal plate, the size of the area the subject of the proposed application and the full name and address of the applicant.

A person who marks out an area of land in excess of that area to which he is entitled shall be liable to have the boundaries reset or marked out at the discretion of the mining registrar who shall have due regard to existing mine workings, buildings and equipment.

The fees specified in Schedule 1 shall be paid for or in respect of the matters referred to in that Schedule.

For the purposes of section 139(2)(d) of the Act, the area described in Schedule 2 is the Noranda Project Area (also known as the Koongarra Project Area).

For the purposes of section 139(2)(d) of the Act, the area described in Schedule 3 is the Pancontinental Project Area (also known as the Jabiluka Project Area).

(1) A person making an application for a mineral claim must before making the application mark out the area that is the subject of the application.

(2) The person must lodge the application for the mineral claim with the Department:

(a) within 14 days after completing marking out of the area the subject of the application; or

28A Time for marking out and completing application for extractive mineral lease

(1) A person making an application for an extractive mineral lease must mark out the area the subject of the application:

(a) within 14 days after receiving the Minister's approval to submit the application for the extractive mineral lease to the Minister; or

(2) When the person completes the marking out, the person must lodge at the prescribed mining registrar's office sufficient details in respect of the area marked out to demonstrate that the marking out complies with regulation 19.

28B Time for marking out and completing application for extractive mineral permit

(1) A person making an application for an extractive mineral permit must mark out the area the subject of the application:

(a) within 14 days after receiving the Minister's approval to submit the application for the extractive mineral permit to the Minister; or

(2) When the person completes the marking out, the person must lodge at the office of the Secretary sufficient details in respect of the area marked out to demonstrate that the marking out complies with regulation 19.

(2) A register may be kept in any manner and in any form or combination of forms and in or on any medium or combination of mediums capable of having information recorded in or on it or them.

A mining registrar must enter or cause to be entered in a register of a kind referred to in regulation 29 in respect of each licence or mining tenement granted under the Act the following:

(iii) a description of the land which is the subject of that licence or mining tenement;

(c) a memorial of each variation of the term, suspension of conditions, exemption from conditions, surrender, cancellation, relinquishment, devolution, encumbrance, sub-lease, mortgage, caveat, charge, transfer and each other transaction in respect of each licence or mining tenement; and

(1) The licensee or holder of an exploration licence, exploration retention licence or mining tenement, respectively, or a person acting with the written authority of such a licensee, lessee or holder may:

(b) upon payment of the prescribed fee, obtain from a mining registrar, a copy of, or an extract from, a register or instrument which he is entitled to inspect.

(2) A person may, upon payment of the prescribed fee, obtain from a mining registrar, a copy of, or an extract from, a register referred to in regulation 29.

For the purposes of section 174(2) of the Act, a caveat shall be in accordance with Form 4.

For the purposes of section 174(8) of the Act, a notice of continuation of a caveat shall be in accordance with Form 5.

For the purposes of section 174(9) of the Act, a notice of the withdrawal of a caveat shall be in accordance with Form 6.

For the purposes of the Act, a survey is carried out in the prescribed manner if such survey is carried out in accordance with a law of the Territory relating to the survey of land.

(1) For the purposes of section 146(1)(a) of the Act, proceedings in a warden's court shall be commenced by a plaint in accordance with Form 7.

(2) For the purposes of section 146(2)(a) of the Act, a summons shall be in accordance with Form 8.

(3) For the purposes of section 154 of the Act, a minute of judgment, conviction or order of a warden's court shall be in accordance with Form 9.

Every plaint shall be signed by the plaintiff or the plaintiff's legal practitioner and shall be lodged with a mining registrar at the Department.

(1) On receipt of a plaint, the mining registrar shall fix a time for the hearing of the proceedings in the warden's court and shall issue a summons in duplicate and a copy of the plaint addressed to each defendant or respondent, as the case may be, and shall deliver them for service:

(2) The person to whom summonses are delivered shall serve such summonses without delay, and shall make an affidavit of service in accordance with Form 10 and shall file the affidavit of service in the Department.

(1) A summons, order, warrant or other process shall be served and, in addition, substituted service may be effected as follows:

(a) where the defendant or respondent to whom the summons, order, warrant or other process is addressed does not reside or carry on business within the district of the warden's court – by posting the summons, order, warrant or other process on the notice board at the warden's office;

(b) where the defendant or respondent resides, works or carries on business within the district of the warden's court, but is absent from his residence or place of business – by posting the summons, order, warrant or other process on the notice board at the warden's office and also serving it on someone apparently above the age of 15 years at the residence or place of business of the defendant or respondent, or by affixing it to the entrance of such residence or place of work or place of business; or

(c) where the defendant or respondent is a registered company – by delivering the summons, order, warrant or other process or sending it through the post in a prepaid letter addressed to the company at its registered office.

(2) Where a defendant or respondent resides, works or carries on business less than 100 kilometres from the warden's court, a summons, order, warrant or other process shall be served not less than 6 days and, in all other cases, not less than 10 days, before the day fixed for the hearing of the proceedings.

(3) Where it has not been possible to serve a summons, order, warrant or other process within the time prescribed, the warden or mining registrar may, on giving notice to the plaintiff, extend the day of hearing of the proceedings and issue an amended summons, order, warrant or other process.

Where a defendant or respondent intends to dispute a claim, he shall lodge with a mining registrar a notice of defence in accordance with Form 11.

(1) Each party to a proceeding may procure the attendance of witnesses by means of a subpoena in accordance with Form 12.

(2) A witness subpoenaed to attend a warden's court is entitled to the fees prescribed by the Supreme Court Rules.

(3) A witness is not required to attend on the subpoena unless the requirements of section 21 of the Evidence Act are complied with in relation to appropriate arrangements to meet the witness's reasonable expenses for travel and accommodation for complying with the subpoena.

Where a warden has power to order costs to be paid by a party to a proceeding in a warden's court, the costs shall be in accordance with the scale of costs in force from time to time under the Local Court Act.

ITEM	MATTER		FEE (revenue units unless otherwise stated)
1.	MINER'S RIGHTS
	(a)	For the issue of a miner's right (section 10)	$100
	(b)	For the issue of a replacement miner's right (section 12)	$10
2.	APPLICATIONS
	(a)	Application for:
		(i) grant of an exploration licence (section 162)	230
		(ii) grant of an exploration retention licence (section 162)	115
		(iii) grant of a mineral lease (section 162)	287
		(iv) grant of a mineral claim (section 162)	57
		(v) grant of an extractive mineral lease (section 162)	287
		(vi) grant of an extractive mineral permit (section 162)	57
	(b)	Application for renewal of:
		(ia) an exploration licence (section 29A)	28
		(i) an exploration retention licence (section 46)	28
		(ii) a mineral lease (section 68)	28
		(iii) a mineral claim (section 90)	28
		(iv) an extractive mineral lease (section 103)	28
		(v) an extractive mineral permit (section 115)	28
	(c)	Application for the variation, suspension or exemption from conditions of:
		(i) an exploration licence, exploration retention licence or mining tenement (other than an extractive mineral permit) (section 172)	57
		(ii) an extractive mineral permit (section 120)	$5.75
	(d)	Application for transfer of an interest in an exploration licence, exploration retention licence or mining tenement through death or bankruptcy (section 173)	23
	(e)	Application for the registration of:
		(i) a transfer of an exploration licence, exploration retention licence or mining tenement, for each exploration licence, exploration retention licence, or mining tenement (section 173)	57
		(ii) any other dealing affecting an exploration licence, exploration retention licence or mining tenement, for each exploration licence, exploration retention licence or mining tenement (section 173)	11
2A.	FOSSICKING PERMITS
	(a)	For the issue of a fossicker's permit to a person referred to in section 130C(2)(a) of the Act, (section 130C)	nil
	(b)	For the issue of a fossicker's permit to a commercial tour operator, for the term of 1 year (section 130C)	$300
	(c)	For the issue of a replacement fossicker's permit (section 130E)	$10
3.	CAVEATS
	(a)	On lodgement of a caveat, for each exploration licence, exploration retention licence or mining tenement (section 174(2))	11
	(b)	On lodgement of continuation of caveat (section 174(8))	11
4.	MISCELLANEOUS
	(a)	For a search under regulation 31(1)(a)	11
	(b)	For a copy or extract under regulation 31(1)(b)	11
	(c)	For a copy or extract under regulation 31(2)	11
	(d)	On lodging a plaint under regulation 37	23
	(e)	For a copy of a judgment, decision or order of a warden's court	23

ALL THAT piece or parcel of land in the Northern Territory of Australia containing an area of 1,197 hectares more or less, the boundary of which is described as follows:

Commencing at the intersection of latitude 12° 52' 20" with longitude 132° 49' 41" thence proceeding to the intersection of latitude 12° 51' 27" with longitude 132° 51' 44" thence proceeding to the intersection of latitude 12° 52' 54" with longitude 132° 52' 17" thence proceeding to the intersection of latitude 12° 53' 58" with longitude 132° 50' 37" thence proceeding to the intersection of latitude 12° 52' 20" with longitude 132° 49' 41".

ALL THAT piece or parcel of land in the Northern Territory of Australia containing an area of 7,282 hectares more or less, the boundary of which is described as follows:

Commencing at the intersection of latitude 12° 36' with longitude 132° 55' thence proceeding to the intersection of latitude 12° 30' 10" with longitude 132° 51' 40" thence proceeding to the intersection of latitude 12° 29' with longitude 132° 52' 22" thence proceeding to the intersection of latitude 12° 29' with longitude 132° 55' thence proceeding to the intersection of latitude 12° 29' 45" with longitude 132° 55' thence proceeding to the intersection of latitude 12° 29' 45" with the western boundary of Kakadu National Park as defined in Commonwealth Gazette No. S61 dated 5 April 1979 thence proceeding south along the said boundary to its intersection with a line joining the intersection of latitude 12° 36' with longitude 132° 55' and latitude 12° 33' 20" with longitude 133° thence proceeding to the intersection of latitude 12° 36' with longitude 132° 55'.

Issued to ..................................................................................................

Place of issue .........................................................................................

Date of issue ..........................................................................................

a person who proposes to apply for a *mineral claim/extractive mineral lease/extractive mineral permit in respect of the land specified in Schedule 1, to enter that land for the purpose of marking out that land in the prescribed manner, subject to the conditions, if any, specified in Schedule 2.

To: .........................................................................................................

Take notice that I, .................................., of ...................................................... claim an interest in ...................................................................................

(here set out particulars of the exploration licence, exploration retention licence or mining tenement in which the interest is claimed)
The interest claimed is .............................................................................
(here set out particulars of interest claimed)

and I forbid the registration of any dealing affecting such licence or tenement, and appoint ...................... as the place at which notices and proceedings relating to this caveat may be served.

Dated this ............... day of ................, 19....
Signed by the said )
)
....................................... ) ..................................
) Caveator
in the presence of )
.......................................

This caveat was received at ............... o'clock in the .................... noon, on the .................... day of .................19... with a prescribed fee of .......

To: .........................................................................................................

Take notice that I, .................................., of ................................................... request that the caveat against ......................... lodged by me on the .............. day of ........... 19..., continue in force.

Dated this .............. day of ................., 19....
Signed by the said )
)
..................................... ) ........................................
) Caveator

To: .........................................................................................................

Take notice that I, .................................., of ...................................................... withdraw the caveat lodged by me in respect of ......... ......................................

Dated this ................... day of ...................., 19....
Signed by the said )
)
................................... ) .....................................
) Caveator

The plaintiff complains that (here set out the nature of the complaint as fully as possible). ..............................................................................

And the plaintiff requests that the warden's court (here set out the nature of the relief sought) ...........................................................................

Received the above plaint at ...... o'clock in the ..... noon, on the ................ day of ................., 19......

This plaint was heard in the warden's court at .............. on the .................... day of ......................, 19.....

Take notice that you are to appear before the warden's court at ............ on .............. the ........... day of ................, 19....., at .................. o'clock in the ............ noon to answer the plaint of ............... of ....................... in the .............. mineral field.

The Court adjudges that ..................................... and the Court (insert decision)
orders.........................................

In the warden's court
at ............................
Between ..........................
Plaintiff
and ..........................

I, ........................................................................................................... of ........................................................................................................ make oath and say that I did on the ..................... day of ......................., 19...., duly serve * ............. with a ** ..................., a true copy of which is annexed marked "A" at .......................................
Signed at ............................ )
)
this ............................. )
)
day of .............................., )
)
19........ )
)
before me )
)

Take notice that I intend to defend the plaintiff's claim in this proceeding on the following grounds ................................................................

Received this notice of defence at ............ o'clock in the ............ on the ........... day of ........, 19...

To: ................................................ of .....................................................

You are required to attend before the warden's court at ............... o'clock in the ...........noon, on .............. the ........................ day of .................... 19.., and at every adjournment of those proceedings to give evidence on behalf of .................... and you are required to produce to the warden's court ................ ..................................................... (here state in detail the particular things required to be produced) and also all books, papers, documents, plans or things in your custody. If you fail to comply with this subpoena you will be liable to a fine not exceeding $100.

amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced

Mining Regulations (SL No. 38, 1982)
Notified	25 June 1982
Commenced	1 July 1982
Amendments of the Mining Regulations (SL No. 47, 1983)
Notified	16 December 1983
Commenced	16 December 1983
Amendments of the Mining Regulations (SL No. 11, 1989)
Notified	7 June 1989
Commenced	7 June 1989
Amendments of Mining Regulations (SL No. 48, 1990)
Notified	12 December 1990
Commenced	12 December 1990
Amendments of Mining Regulations (SL No. 48, 1991)
Notified	9 October 1991
Commenced	9 October 1991
Amendments of Mining Regulations (SL No. 4, 1994)
Notified	21 March 1994
Commenced	21 March 1994
Amendments of Mining Regulations (SL No. 37, 1994)
Notified	12 October 1994
Commenced	12 October 1994
Amendments of Mining Regulations (SL No. 20, 1996)
Notified	7 May 1996
Commenced	7 May 1996
Amendments of Mining Regulations (SL No. 19, 1999)
Notified	9 June 1999
Commenced	9 June 1999
Amendments of Mining Regulations (SL No. 39, 1999)
Notified	22 December 1999
Commenced	22 December 1999
Amendments of Mining Regulations (SL No. 34, 2000)
Notified	30 June 2000
Commenced	30 June 2000
Amendment of Mining Regulations (SL No. 51, 2001)
Notified	19 December 2001
Commenced	1 January 2002 (r 2, s 2 Mining Management Act 2001 (Act No. 43, 2001) and Gaz G46, 21 November 2001 p 2)
Statute Law Revision Act (No. 2) 2003 (Act No. 44, 2003)
Assent date	7 July 2003
Commenced	7 July 2003
Statute Law Revision Act 2005 (Act No. 44, 2005)
Assent date	14 December 2005
Commenced	14 December 2005
Evidence and Other Legislation (Witness Assistance) Amendment Act 2006 (Act No. 32, 2006)
Assent date	3 November 2006
Commenced	3 November 2006
Legal Profession (Consequential Amendment) Act 2007 (Act No. 7, 2007)
Assent date	17 May 2007
Commenced	s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3); rem: 17 May 2007
Fees and Charges Amendment Regulations 2009 (SL No. 34, 2009)
Notified	14 December 2009
Commenced	1 January 2010 (r )

r 19 amd No. 47, 1983, r 5; No. 48, 1990, r 7; No. 37, 1994, r 1; No. 19, 1999, r 4

sch 4 amd No. 47, 1983, r 10; No. 11, 1989, r 2; No. 48, 1990, r 11; No. 20, 1996, r 6; No. 19, 1999, r 6; No. 34, 2000, r 7

Northern Territory Repealed Regulations

MINING REGULATIONS