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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Mineral Resources)
Bill 2018
A BILL FOR
An Act to amend the
Mining
Act 1971
, the
Mines
and Works Inspection Act 1920
and the
Opal
Mining Act 1995
.
Contents
Part 2—Amendment of Mining
Act 1971
4Amendment of section
6—Interpretation
5Amendment of section 7—Application of
Act
6Amendment of section 8—Declaration of
mineral land etc
7Amendment of section 8A—Opal development
areas
8Amendment of section 9—Exempt
land
9Amendment of section
9AA—Waiver of exemption (including cooling-off)
10Amendment of section 9A—Special declared
areas
12Amendment of section 10B—Interaction
with other legislation
13Amendment of section
12—Delegation
14Amendment of section 13—Mining
registrars and other staff
15Amendment of section 14B—Authorised
investigations
16Amendment of section 14C—Powers of entry
and inspection
17Amendment of section 14D—Power to gather
information
18Amendment of section 14E—Production of
records
19Insertion of sections 14G and
14H
14GPower to give
expiation notices
14HProvisions
relating to things seized
20Amendment of section 15—Power to conduct
geological investigations etc
Part 2A—Mining register and
information
15ABDealings with
mineral tenements
15ADApplication to
court to challenge aspects of mortgages
15AFApplication to
Warden's Court to lapse caveat or obtain compensation
Division 5—Protection from
liability
15AJCompilation,
keeping and provision of material
23Amendment of section
17—Royalty
24Amendment of section 17A—Reduced royalty
for new mines
25Insertion of sections
17AB and 17AC
17ACNotification of
relevant event
28Amendment of section 17D—When royalty
falls due (general principles)
29Amendment of section 17DA—Special
principles relating to designated tenement holders
30Amendment of section 17E—Penalty for
unpaid royalty
18Passing of
property in minerals
32Amendment of section 20—General right to
prospect for minerals
33Amendment of section 21—Steps to
establish a mineral claim
34Amendment of section 25—Rights conferred
by ownership of mineral claim
35Amendment of section 26—Mineral claim
not transferable etc
36Amendment of section 27—Land not to be
subject to successive mineral claims
37Substitution of sections 28 and
29
29Nature of
exploration licence
29AApplication for
exploration licence
29BGrant of
exploration licence
38Amendment of section
30—Incidents of licence
40Amendment of section 30AA—Area of
licence
41Amendment of section
30A—Term and renewals of licence
42Substitution of section 30AB
30ABExcise of land
for public purposes
44Repeal of sections 32 and 33
46Substitution of sections 34 to
37
36Application for
mining lease
37Approval of
application and registration
47Amendment of section 38—Term and
renewal of mining lease
49Substitution of Parts 6A and 8
44Application for
retention lease
45Approval of
application and registration
46Term and renewal
of retention lease
Part 8—Miscellaneous purposes
licences
48Nature of
miscellaneous purposes licence
49Application for
miscellaneous purposes licence
50Approval of
application and registration
51Term and renewal
of miscellaneous purposes licence
51Amendment of section 56C—Power to
exempt from or modify Act
52Amendment of section 56D—Existing
tenements
Division 1—Identifying areas and
considering applications
56FRelated
environmental legislation
Division 3—Terms and
conditions
56JAlteration of
terms and conditions
56KSpecial term or
condition relating to extractive minerals
56LOffence to
contravene term or condition
Division 5—Rectification of
boundaries
56ORectification
of boundaries
Division
6—Amalgamation of areas
Division 7—Change
in operations
Division
8—Cancellation, suspension and surrender
56WCancellation
and suspension—action by Minister
Division 9—Extension of term or
reinstatement of tenement
56YExtension of
term of tenement
Division 10—Assessment
reports
54Amendment of section 57—Entry on
land
55Amendment of section 58—How entry on
land may be authorised
58Amendment of section
61—Compensation
59Amendment of section 62—Bond and
security
62AAMining
Rehabilitation Fund
61Amendment of section 62A—Right to
require acquisition of land
62Amendment of section 63—Extractive
Areas Rehabilitation Fund
64Amendment of section 63F—Qualification
of rights conferred by exploration authority
65Amendment of section 63K—Types of
agreement authorising mining operations on native title land
66Amendment of section 63L—Negotiation of
agreements
68Amendment of section 63O—Expedited
procedure where impact of operations is minimal
69Amendment of section 63R—Effect of
registered agreement
70Amendment of section 63S—Application
for determination
71Amendment of section 63V—Effect of
determination
72Amendment of section 63ZB—Review of
compensation
73Amendment of section 63ZBA—Mining
Native Title Register
74Substitution of heading to Part
10
Part 10—Warden's Court—general
provisions
75Amendment of section 64—Establishment
of Warden's Court
76Amendment of section 65—Powers etc of
Warden's Court
77Amendment of section 66—Rules of
Warden's Court
78Amendment of section
67—Jurisdiction relating to tenements and monetary claims
80Amendment of section 70—Forfeiture and
transfer of mineral tenement
81Amendment of heading to Part
10A
82Amendment of section 70A—Object of
Part
83Amendment of section
70B—Preparation or application of program
84Amendment of section 70C—Review of
programs
86Substitution of heading to Part
10B
Part 10B—Compliance and
enforcement
88Amendment of section 70F—Power to
direct rehabilitation of land
89Insertion of sections 70FA, 70FB and
70FC
90Amendment of section 70G—Application
for review of direction
91Amendment of section 70H—Action if
non-compliance occurs
92Insertion of sections 70HA and
70HB
Part 10C—Offences and
penalties
70HCPenalty for
illegal mining
70HDObstruction of
person authorised to mine etc
70HFAdditional
orders on conviction
70HHOffences by
bodies corporate
94Amendment of section 71—Minister may
assist in conduct of operations
95Amendment of section 72—Research and
investigations
97Amendment of section
73C—Interpretation
98Amendment of section 73D—Application of
Act
99Repeal of sections 73E, 73EA and
73F
100Amendment of section 73G—Mine
operations plans
101Amendment of section 73H—General duty
to avoid undue environmental damage
102Amendment of section 73I—Compliance
orders
103Amendment of section 73J—Rectification
orders
104Insertion of sections 73KA and
73KB
105Amendment of section 73L—Application
for review of direction
106Substitution of sections 73M to
73Q
73MAction if
non-compliance occurs
107Substitution of sections 74 and
74AA
74AAEnforceable
voluntary undertakings
108Amendment of section 74A—Compliance
orders
109Amendment of section 75—Provision
relating to certain minerals
110Amendment of section 75A—Avoidance of
double compensation
111Repeal of sections 76 to 77D
112Amendment of section 78—Persons under
16 years of age
113Amendment of section 79—Minister may
grant exemptions
114Substitution of section 79A
79AFalse or
misleading information
116Substitution of sections 81, 82 and
83
81Additional
provisions relating to liability
117Repeal of sections 84 and 84A
118Substitution of sections 85 and
86
85Charge on
property if debt due to Crown
119Substitution of sections 88 and
89
88Hindering
authorised officers
89BPenalties and
expiation fees payable into Mining Rehabilitation Fund
90Reports and
verification of information
122Amendment of section 91—Administrative
penalties
124Amendment of section
92—Regulations
Part 3—Amendment of Mines and Works
Inspection Act 1920
127Amendment of section
4—Interpretation
129Amendment of section
8—Disqualification for office of inspector
130Amendment of section 10—Power of
inspector on inspection
131Amendment of section 12—Miners'
inspectors
132Amendment of section 13—Obstructing or
refusing to assist inspector
134Amendment of section 20—Imprisonment
for wilful neglect
135Amendment of section 22—General
provisions as to proceedings for offences
136Amendment of Schedule—Subject matter
of regulations
Part 4—Amendment of Opal Mining
Act 1995
137Amendment of section
3—Interpretation
138Amendment of section 6—Exempt
land
139Amendment of section 7—Application for
permit
140Amendment of section 8—Nature of
permit
141Amendment of section 9—Terms and
renewal of permit
142Amendment of section 10—Rights of
holder of permit
143Amendment of section 10A—Special
provisions in relation to Mintabie precious stones field
144Amendment of section 11—Qualifications
to permits
145Amendment of section 15—Effect of
pegging an area
146Amendment of section 16—Ballot may be
conducted in certain cases
149Amendment of section 19—Application
for registration of tenement
151Amendment of section 20—Registration
of tenement
152Amendment of section 22—Term and
renewal of tenement
153Amendment of section 23—Rights
conferred by tenement
154Amendment of section 25—Unlawful entry
on tenement
26AApplication to
Warden's Court to lapse caveat or obtain compensation
156Amendment of section 27—Power of Opal
Mining Registrar to cancel tenement
27ACancellation
and suspension
158Amendment of section 28—Surrender of
tenement, removal of posts etc
160Amendment of section 30—Maintenance of
posts
161Amendment of section 32—Notice of
entry
162Amendment of section 33—Duration of
notice of entry
163Amendment of section 34—Use of
declared equipment
164Amendment of section 35—Rehabilitation
of land
165Insertion of sections 35A and
35B
166Amendment of section
36—Bonds
167Amendment of section 37—Application of
bonds
168Amendment of section 43—Registration
of agreement
169Amendment of section 44—Agreement may
be varied or revoked
170Amendment of section 45—Appeal to
Warden's Court
171Amendment of section 49—Qualification
of rights conferred by permit
172Amendment of section 50—Limits on
grant of tenement
173Amendment of section 51—Applications
for tenements
174Amendment of section
59—Agreement
175Amendment of section 64—Effect of
determination
176Amendment of section 70A—Opal Mining
Native Title Register
177Amendment to section
72—Jurisdiction relating to tenements and monetary claims
179Amendment of section 76—Opal Mining
Register
180Amendment of section 77—Appointment of
authorised persons
181Amendment of section
79—Exemptions
182Amendment of section
82—Offences
183Amendment of section 84—Prohibition
orders
184Amendment of section 85—Power of Opal
Mining Registrar to require pegs be removed
185Amendment of section 87—Evidentiary
provision
186Amendment of section 89—Disposal of
waste
188Amendment of section 93—Interaction
with Mining Act
189Insertion of sections 98A and
98B
98BPenalties
payable into Mining Rehabilitation Fund
190Amendment of section
99—Regulations
Schedule 1—Transitional
provisions
Part 1—Transitional
provisions—Mining Act 1971
6Registered documents and
dealings
12Jurisdiction relating to tenements and
monetary claims
13Programs for environment protection and
rehabilitation
Part 2—Transitional
provisions—Opal Mining Act 1995
21Jurisdiction relating to tenements and
monetary claims
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Mineral Resources)
Act 2018.
(1) This Act will come into operation on a day to be fixed by
proclamation.
(2) Section 7(5) of the
Acts
Interpretation Act 1915
does not apply to this Act or a provision of this Act.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Mining Act 1971
4—Amendment
of section 6—Interpretation
(1) Section 6(1)—after the definition of Adelaide Dolphin
Sanctuary insert:
advanced exploration operations—see subsection
(1a);
ancillary operations means—
(a) ancillary operations for the carrying on of any business that may be
conducive to the effective conduct of mining operations or operations associated
with providing amenities for persons engaged in the conduct of mining
operations; or
(b) operations which are brought within the ambit of this definition by a
determination of the Minister or by the regulations,
but does not include operations excluded from the ambit of this definition
by a determination of the Minister or by the regulations;
(2) Section 6(1)—after the definition of authorised
officer insert:
authorised operations means—
(a) exploration operations; or
(b) mining operations; or
(c) ancillary operations;
(3) Section 6(1)—after the definition of baseline
insert:
business day means any day except—
(a) a Saturday, Sunday or public holiday; or
(b) a day which falls between 25 December and 1 January in the following
year;
(4) Section 6(1), definition of Crown lands—delete the
definition
(5) Section 6(1)—after the definition of declared
equipment insert:
director of a company includes a person occupying or acting
in the position of a director or member of the governing body of the company, by
whatever name called and whether or not validly appointed to occupy or duly
authorised to act in the position, and includes any person in accordance with
whose directions or instructions the directors or members of the governing body
are accustomed to act;
(6) Section 6(1), definition of exempt land—delete
"mining" and substitute:
authorised
(7) Section 6(1), definition of exploration authority,
(e)—delete "exploratory operations" and substitute:
exploring
(8) Section 6(1), definition of exploring—delete the
definition and substitute:
exploring or exploration operations means
operations of any kind in the course of—
(a) prospecting for minerals; or
(b) exploring for minerals; or
(c) establishing the extent of a mineral deposit; or
(d) undertaking any other activity brought within the ambit of this
definition by a determination of the Minister or by the regulations;
or
(e) providing for the rehabilitation of land on account of the impact of
any operations under a preceding paragraph,
including such operations carried out at a private mine, and being
operations that are classified as low impact exploration
operations or advanced exploration operations under
subsection (1a), and to explore and exploratory have
corresponding meanings;
(9) Section 6(1), definition of extractive
minerals—after paragraph (b) insert:
or
(c) proppant sand;
(10) Section 6(1), after the definition of the Land and Valuation
Court insert:
low impact exploration operations—see subsection
(1a);
(11) Section 6(1)—after the definition of mineral land
insert:
mineral tenement means—
(a) a claim, lease or licence under this Act; or
(b) an entitlement under this Act with respect to a private
mine,
(and includes, if the context so requires, the place that constitutes such
a claim, lease, licence or private mine);
(12) Section 6(1), definition of minerals, (a)—after
"sand" insert:
, proppant sand
(13) Section 6(1), definition of minerals, (d)—after
"soil" insert:
or moss rocks
(14) Section 6(1), definition of mining, (d)—delete
paragraph (d) and substitute:
(d) operations carried out at a private mine; or
(da) operations which are brought within the ambit of this definition by a
determination of the Minister or by the regulations; or
(db) operations for the rehabilitation of land on account of the impact of
any operations under a preceding paragraph, or on account of a mine closure;
or
(15) Section 6(1), definition of mining
operator—delete the definition
(16) Section 6(1), definition of mining
tenement—delete the definition and substitute:
Mining Rehabilitation Fund or fund means the
Mining Rehabilitation Fund established under section 62AA;
(17) Section 6(1), definition of native title mining
determination—delete "mining operator" and substitute:
tenement holder
(18) Section 6(1), definition of prescribed notice of
entry—delete the definition and substitute:
private mine means an area declared to be a private mine
under section 19 as in force immediately before 1 September 2000;
(19) Section 6(1), definition of production tenement,
(c)—delete "exploratory operations" and substitute:
exploring
(20) Section 6(1), definition of production
tenement—after paragraph (c) insert:
(d) an entitlement under this Act with respect to a private
mine;
(21) Section 6(1), definition of radioactive
mineral—delete the definition
(22) Section 6(1)—delete the definition of relevant
Act and substitute:
related body corporate, in relation to a particular entity
(being a body corporate), is a body corporate that is related to the entity
under section 50 of the Corporations Act 2001 of the
Commonwealth;
(23) Section 6(1)—after the definition of River Murray
Protection Area insert:
royalty assessment principles means the principles set out in
section 17 that apply for the purposes of assessing royalty;
senior warden means a warden nominated by the
Attorney-General to be the senior warden of the Warden's Court;
(24) Section 6(1)—after the definition of surface
stratum insert:
tenement holder, or holder in relation to a
mineral tenement, means—
(a) the registered holder of a mineral tenement; or
(b) in relation to a private mine—
(i) in Part 2A Divisions 1 to 5 (inclusive)—a proprietor of a
private mine; or
(ii) in any other case—a person carrying out mining operations in
relation to a private mine,
and includes—
(c) a person who is prospecting for minerals under section 20;
and
(d) an executor, administrator or successor at law;
(25) Section 6—after subsection (1) insert:
(1a) For the purposes of this Act, exploration operations are
classified—
(a) as low
impact exploration operations, being exploration
operations—
(i) which are not
reasonably expected to have any significant adverse impact on the environment;
or
(ii) which will
reduce the impact of such operations on the environment; or
(iii) which are brought within the scope of low impact exploration
operations by determination of the Minister or by the regulations,
that do not fall within the scope of
paragraph (b)(i)
or
(iii)
; or
(b) as
advanced exploration operations, being exploration
operations—
(i) which involve
the use of declared equipment; or
(ii) which fall outside the scope of
paragraph (a)(i)
or
(iii)
; or
(iii) which are
brought within the scope of advanced exploration operations by determination of
the Minister or by the regulations.
(26) Section 6(5)—delete "mining tenement" and substitute:
mineral tenement
(27) Section 6—after subsection (6) insert:
(7) A reference to a private mine in a definition in this section only has
effect to the extent that the defined term is used in a provision of this Act
that applies to or in relation to a private mine, or to a person carrying out
operations in relation to a private mine, by virtue of the operation of section
73D.
(8) Any determination of the Minister under this section—
(a) must be published in the Gazette; and
(b) may be varied or revoked by the Minister by a subsequent notice
published in the Gazette.
(9) A provision of this Act that requires a tenement holder (or
prospective tenement holder)—
(a) to obtain the agreement or consent of an owner of land; or
(b) to give a notice to, or to serve a notice on, an owner of
land,
will, in relation to a person who is within the ambit of paragraph (c) or
(d) of the definition of owner of land, apply—
(c) to the extent that the tenement holder (or prospective tenement
holder) is aware of such a person; or
(d) to the extent that it is reasonable to expect the tenement holder (or
prospective tenement holder) to be aware of such a person.
5—Amendment
of section 7—Application of Act
(1) Section 7(2)—delete subsection (2) and substitute:
(2) The regulations may provide that a specified provision of this Act
applies, or applies with prescribed modifications, to or in relation to land
that is not mineral land.
(2a) The
regulations may provide that a specified provision of this Act does not apply,
or applies with prescribed modifications, to or in relation to mining operations
for the recovery of extractive minerals that are authorised under another
Act.
(2b) Royalty is
payable under this Act in respect of the recovery of extractive minerals under
another Act, except where the provisions of the other Act provide that royalty
is not payable under this Act.
(2) Section 7(3)—delete "mining operations" and
substitute:
authorised operations
6—Amendment
of section 8—Declaration of mineral land etc
(1) Section 8(4)—delete "mining tenement" and substitute:
mineral tenement
(2) Section 8(6)—delete "mining tenement" and substitute:
mineral tenement
(3) Section 8—after subsection (6) insert:
(7) A proclamation made before 29 June 1972 cannot limit or affect, and
will be taken not to have limited or affected, the exercise of the power to make
a proclamation under this section on or after that date, and to the extent to
which there is an inconsistency between a proclamation made on or after that
date and a proclamation made before that date (including, in relation to the
earlier proclamation, a proclamation that reserved specific land from the
operation of the repealed Act), the later proclamation will prevail.
7—Amendment
of section 8A—Opal development areas
Section 8(2)—delete "mining operations" and substitute:
authorised operations
8—Amendment
of section 9—Exempt land
(1) Section 9(1)(a)(i)—delete subparagraph (i) and
substitute:
(i) as a yard or garden;
(ia) as a cultivated field, plantation, orchard or vineyard for commercial
purposes;
(2) Section 9(1)(d)(i)—delete "400 metres" and substitute:
the prescribed distance
(3) Section 9(1)(d)(ii)(A)—delete "of $200 or more" and
substitute:
equal to or exceeding the prescribed amount
(4) Section 9(1)(d)(ii)(B)—after "or dam" insert:
that has some commercial value or use
(5) Section 9(1)(d)—delete "mining operations" and
substitute:
authorised operations
(6) Section 9(1)—delete "shall be exempt from mining operations" and
substitute:
will be exempt from authorised operations
(7) Section 9(1)—delete "shall authorise prospecting, exploring or
mining upon" and substitute:
will authorise authorised operations on
(8) Section 9(1)—delete "does not prevent the pegging out of a claim
upon such land" and substitute:
does not restrict prospecting under section 20 or establishing a claim on
such land or the issue of a mineral tenement (subject to gaining access under
this Act)
(9) Section 9(2)—delete "mining operations" and
substitute:
authorised operations
(10) Section 9(2)—delete "the pegging out, or granting, of the
claim, lease or licence" and substitute:
establishing a claim or an application for a lease or licence
(11) Section 9(3b)—delete subsection (3b) and substitute:
(3b) The following persons will, for the purposes of this Act, be regarded
as having the benefit of an exemption under this section (and subject to an
order of a court under section 9AA, each person who has the benefit of an
exemption must be a party to an agreement to waive the benefit before the land
can cease to be exempt land):
(a) the owner of the exempt land;
(b) in the case of land that is exempt from authorised operations under
subsection (1)(d) by reason of its proximity to other land on which a building,
structure, spring, well, reservoir or dam is situated—the owner of that
other land.
(12) Section 9(4)—delete "mining operations" and
substitute:
authorised operations
(13) Section 9(5), definition of mining
operations—delete the definition and substitute:
Minister of Public Works means the Minister to whom the
administration of the
Water
Industry Act 2012
is committed;
prescribed amount means—
(a) $2 500; or
(b) if a greater amount is prescribed by regulation for the purposes of
this definition—that amount;
prescribed distance means—
(a) in relation to low impact exploration operations—200 metres;
and
(b) in relation to advanced exploration operations or any operations for
the recovery of extractive minerals—400 metres; and
(c) in relation to any other authorised operations—
(i) a distance prescribed by the regulations (which may make different
provision according to the circumstances or thing to which it is expressed to
apply); or
(ii) if no distance is prescribed under subparagraph
(i)—600 metres.
9—Amendment
of section 9AA—Waiver of exemption (including
cooling-off)
(1) Section 9AA(1)—delete subsection (1) and substitute:
(1) A tenement holder may, by written notice given to an owner of land who
has the benefit of an exemption under section 9, request the owner to enter into
an agreement with the tenement holder to waive the benefit of the
exemption.
(1a) If a mineral claim is registered or an application is made for a
production tenement or miscellaneous purposes licence, an owner of land who has
the benefit of an exemption under section 9 in respect of the land to which
the claim or application relates may, by written notice given to the tenement
holder, advise the tenement holder of the owner's position in relation to the
waiver of the benefit of the exemption, and the conditions (if any) on which the
owner may agree to waive the benefit of the exemption.
(2) Section 9AA(2)—after "subsection (1)" insert:
or (1a)
(3) Section 9AA(3)—after paragraph (a) insert:
(ab) may be made on such terms and conditions as the parties think fit;
and
(4) Section 9AA(4)—delete subsection (4) and substitute:
(4) An owner of land who has entered into an agreement with a tenement
holder to waive the benefit of an exemption may, by giving the tenement holder
written notice before the expiration of the cooling-off period of the owner's
intention not to be bound by the agreement, rescind the agreement.
(5) Section 9AA(5)—delete subsection (5)
(6) Section 9AA(6)—delete "person" and substitute:
owner of land
(7) Section 9AA(7)—delete subsection (7) and substitute:
(7) If a tenement holder has been unable to reach an agreement to waive
the benefit of an exemption with an owner of land, the tenement holder may apply
to the appropriate court for an order waiving the benefit of the exemption for
the owner.
(8) Section 9AA(8)—delete "ERD Court may refuse to determine an
application unless the mining operator satisfies the Court" and
substitute:
court may refuse to determine an application by a tenement holder under
subsection (7) unless the tenement holder satisfies the court
(9) Section 9AA(8)(a)—delete paragraph (a) and substitute:
(a) a notice has been given under subsection (1) or (1a); and
(10) Section 9AA(8)(b)—delete "operator provided the respondent" and
substitute:
tenement holder provided the owner of land
(11) Section 9AA(8)(c)—delete paragraph (c) and
substitute:
(c) —
(i) in the case of a notice given to the owner of land under subsection
(1)—the tenement holder has made a reasonable attempt to reach agreement
with the owner of land (whether before or after notice requesting the owner to
enter into an agreement was given to the owner); or
(ii) in the case of a notice given to the tenement holder under subsection
(1a)—the tenement holder has made a reasonable attempt, having regard to
the matters set out in the notice, to negotiate with the owner of
land.
(12) Section 9AA—after subsection (8) insert:
(8a) If an
application is made for a production tenement or a miscellaneous purposes
licence and the relevant consultation period in relation to the application has
ended, an owner of land who—
(a) has the benefit of an exemption under section 9 in respect of the
land to which the application relates; and
(b) has given notice to the tenement holder under
subsection (1a),
may apply to the appropriate court for orders under
subsection (9).
(13) Section 9AA(9)—delete subsection (9) and substitute:
(9) On an
application under this section, the court may make 1 or both of the following
orders:
(a) an order
confirming that the owner of land is entitled to the benefit of an exemption
under section 9;
(b) if the tenement
holder or owner of land satisfies the court that any adverse effects of the
proposed authorised operations on the owner of land can be appropriately
addressed by the imposition of conditions on the tenement holder (including the
payment of compensation to the owner)—an order waiving the benefit of the
exemption and imposing such conditions on a party to the proceedings as the
court thinks fit (including a condition requiring the payment of compensation to
the owner of land).
(14) Section 9AA(10)—delete "ERD Court" and substitute:
court
(15) Section 9AA(10)—delete "respondent" first occurring and
substitute:
owner of land
(16) Section 9AA(10)—delete "Court" second occurring and
substitute:
court
(17) Section 9AA(10)—delete "respondent" second occurring and
substitute:
owner
(18) Section 9AA(10)(b)—delete "Court" and substitute:
court
(19) Section 9AA(11) and (12)—delete subsections (11) and (12) and
substitute:
(11) If an agreement or order to waive the benefit of an exemption takes
effect under this section in respect of exempt land, the land ceases to be
exempt land, but the exemption revives on completion of the authorised
operations in respect of which the agreement or order was made or at such
earlier time as may be stipulated in that agreement or order.
(12) An agreement or order to waive the benefit of an exemption under this
section is binding on—
(a) successors in title to those owners of land who had the benefit of the
former exemption; and
(b) the holders from time to time of any mineral tenement under which
authorised operations (being authorised operations in respect of which the
agreement or order was made) are carried out.
(20) Section 9AA(13)—delete "the commencement of this section" and
substitute:
the designated day
(21) Section 9AA(14)—delete subsection (14) and
substitute:
(14) A tenement holder is liable to indemnify an owner of
land—
(a) to whom the tenement holder gives a notice under subsection (1);
or
(b) who gives the tenement holder a notice under subsection (1a);
or
(c) who makes application for orders to the appropriate court under
subsection (8a) in connection with an application made for a production
tenement or a miscellaneous purposes licence made by the tenement
holder,
for the reasonable costs of obtaining legal assistance relating to the
operation of this section up to $2 500 or, if some other amount is
prescribed by regulation, that amount.
(14a) An application under this section may be made to the Supreme Court
only with the permission of the Court.
(14b) If an agreement is entered into under this section, the parties to
the agreement must give notice of the agreement to the Mining Registrar for
registration on the mining register.
(14c) Nothing in this section derogates from the jurisdiction of the
Warden's Court under section 67 to determine whether or not land is exempted
from authorised operations under section 9.
(22) Section 9AA(15), definition of cooling-off
period—delete "mining operator" and substitute:
tenement holder
(23) Section 9AA(15)—delete the definition of mining
operations and substitute:
designated day means a day declared by proclamation to be the
designated day for the purposes of this definition;
relevant consultation period means the period for public
consultation in relation to an application for a mineral tenement under section
56H(3).
10—Amendment
of section 9A—Special declared areas
(1) Section 9A(4)(a)—delete "mining tenement" and
substitute:
mineral tenement
(2) Section 9A(4)(b)—delete "mining tenement" and
substitute:
mineral tenement
(3) Section 9A(4)(b)—delete "(including a subsequent exploration
licence that arises from an exploration licence in force at the time that the
notice takes effect)"
(4) Section 9A(4)(c)—delete "holder of the tenement" and
substitute:
tenement holder
(5) Section 9A(4)(c)—delete "mining tenement" and
substitute:
mineral tenement
(6) Section 9A(4)—delete "apply for a mining tenement" and
substitute:
apply for a mineral tenement
(7) Section 9A(6)(a)—delete "mining tenements" and
substitute:
mineral tenements
(8) Section 9A(7)(b)(i)—delete "mining tenement" and
substitute:
mineral tenement
Section 10A—delete the section
12—Amendment
of section 10B—Interaction with other legislation
Section 10B—after paragraph (d) insert:
(e) the code of management of wilderness protection areas and wilderness
protection zones under the
Wilderness
Protection Act 1992
.
13—Amendment
of section 12—Delegation
(1) Section 12(1)—delete subsection (1) and substitute:
(1) The Minister may delegate any power or function vested in or conferred
on the Minister—
(a) under this Act; or
(b) under any other Act prescribed by the regulations for the purposes of
this subsection.
(2) Section 12(2)—delete subsection (2) and substitute:
(2) The Director of Mines may delegate any power or function vested in or
conferred on the Director of Mines—
(a) under this Act; or
(b) under any other Act.
(2a) If the terms of an instrument of delegation allow for subdelegation,
the delegate may subdelegate the power or function in accordance with the
instrument (and a reference in this section to a delegation will then extend to
any such subdelegation).
(3) Section 12(3)(b)—delete paragraph (b) and substitute:
(b) may be made—
(i) to a specified person or body; or
(ii) to a person for the time being holding or acting in a specified
office or position; and
14—Amendment
of section 13—Mining registrars and other staff
Section 13(4)—delete subsection (4) and substitute:
(3a) If the terms of an instrument of delegation allow for subdelegation,
the delegate may subdelegate the power or function in accordance with the
instrument (and a reference in this section to a delegation will then extend to
any such subdelegation).
(4) A delegation under this section—
(a) may be absolute or conditional; and
(b) may be made—
(i) to a specified person; or
(ii) to a person for the time being holding or acting in a specified
office or position; and
(c) does not derogate from the power of the delegator to act in any
matter; and
(d) is revocable at will by the delegator.
15—Amendment
of section 14B—Authorised investigations
(1) Section 14B(c)—delete "mining operations" and
substitute:
authorised operations
(2) Section 14B(d)—delete "mining operations" and
substitute:
authorised operations
(3) Section 14B—after paragraph (e) insert:
(f) to undertake any inquiry relevant to the administration or enforcement
of this Act; or
(g) without limiting a preceding paragraph, to inspect any authorised
operations which are creating, or are likely to create, a nuisance, or are
damaging, or are likely to damage, property.
16—Amendment
of section 14C—Powers of entry and inspection
(1) Section 14C(1)(a) and (b)—delete paragraphs (a) and (b) and
substitute:
(a) enter, search, inspect and examine any premises, land or vehicle that
has been or is intended to be, used for, or in connection with, any operations
or activity regulated by this Act and, where necessary for the purpose, break
into or open a part of, or anything in, the premises, land or vehicle;
or
(b) inspect or examine anything; or
(2) Section 14C(1)(f)—delete "take and remove" and
substitute:
seize and retain
(3) Section 14C—after subsection (3) insert:
(4) An authorised officer may only exercise a power under
subsection (1)(a) in respect of premises on the authority of a warrant
issued by a magistrate (including as a warden) or justice.
(5) A warrant may not be issued unless the magistrate, warden or justice
(as the case may be) is satisfied that the warrant is reasonably required in the
circumstances.
(6) An application for the issue of a warrant—
(a) may be made either personally or by telephone; and
(b) must be made in accordance with any procedures prescribed by the
regulations.
17—Amendment
of section 14D—Power to gather information
(1) Section 14D(2)—delete "this section" and substitute:
subsection (1)
(2) Section 14D(4)—delete "A person" and substitute:
A natural person
(3) Section 14D—after subsection (4) insert:
(5) An authorised
officer may require a person who the authorised officer reasonably suspects has
committed, is committing or is about to commit, a contravention of this Act to
state the person's full name and usual place of residence and to produce
evidence of the person's identity.
(6) A person of whom a requirement is made under
subsection (5)
must comply with the requirement.
Maximum penalty: $5 000.
18—Amendment
of section 14E—Production of records
(1) Section 14E(1)—delete "mining operations" and
substitute:
authorised operations
(2) Section 14E(3)—delete subsection (3) and substitute:
(3) An authorised officer may—
(a) retain records produced under this section for the purpose of making
copies of them; or
(b) if the authorised officer suspects that the records may be evidence of
noncompliance with this Act, seize and retain records produced under this
section.
19—Insertion
of sections 14G and 14H
After section 14F insert:
14G—Power to give expiation
notices
An authorised officer is authorised to give expiation notices for alleged
offences which are expiable under this Act.
14H—Provisions relating to things
seized
(1) If a thing is seized under this Part, the following provisions
apply:
(a) the thing
seized must be held pending proceedings for an offence against this Act relating
to the thing seized, unless the Minister, on application, authorises its release
to the person from whom it was seized or a person who had legal title to it at
the time of seizure, subject to such conditions as the Minister thinks fit
(including conditions as to the giving of security for satisfaction of an order
under
paragraph (b)(ii)
);
(b) if proceedings
for an offence against this Act related to the thing seized are commenced within
the prescribed period after its seizure and the defendant is found guilty of the
offence, the court must consider the question of forfeiture and—
(i) order that it be forfeited to the Crown; or
(ii) if it has been
released under
paragraph (a)
, order that it be forfeited to the Crown or order that the person to whom
it was released pay to the Minister an amount equal to its market value at the
time of its seizure, as the court thinks fit; or
(iii) make no order for forfeiture;
(c) if proceedings for an offence against this Act related to the thing
seized—
(i) are not commenced within the prescribed period after its seizure;
or
(ii) are commenced within the prescribed period after its seizure and the
defendant is found not guilty of the offence; or
(iii) are commenced within the prescribed period after its seizure and the
defendant is found guilty of the offence but no order for forfeiture is made
under
paragraph (b)
,
the person from whom the thing was seized or a person who had legal title
to it at the time of its seizure is entitled to recover, by action in a court of
competent jurisdiction, the thing itself or, if it has deteriorated or been
destroyed, compensation of an amount equal to its market value at the time of
its seizure.
(2) In this section—
prescribed period means 12
months or such longer period as the court may, on application by the Minister,
allow.
20—Amendment
of section 15—Power to conduct geological investigations
etc
(1) Section 15(3), penalty provision—delete the penalty provision
and substitute:
Maximum penalty: $20 000 or imprisonment for 6 months.
(2) Section 15(7)—delete "mining tenement" and substitute
mineral tenement
Section 15A—delete the section
After Part 2 insert:
Part 2A—Mining register and
information
Division 1—Mining register
15AA—The register
(1) The Mining Registrar will keep a register (the mining
register).
(2) The register will be a register of—
(a) any mineral tenement granted under this Act; and
(b) the terms and conditions of any mineral tenement granted under this
Act; and
(c) instruments of transfer with respect to any mineral tenement
registered under this Act; and
(d) any mortgage registered under
Division 2
; and
(e) any caveat registered under
Division 3
; and
(f) instruments, agreements, determinations and dealings required to be
registered under any other provision of this Act; and
(g) determinations and dealings required to be lodged with the Mining
Registrar under any other provision of this Act (or which have effect on
registration under this Act); and
(h) the commencement and completion of proceedings before the Warden's
Court under this Act; and
(i) decisions, determinations and orders of the Warden's Court under this
Act; and
(j) anything registered under
Division 4
; and
(k) any cancellation, suspension or surrender relating to a mineral
tenement under this Act; and
(l) any other interest, instrument, approval, agreement, determination,
statement, notice, order, direction, bond, penalty or other document or dealing
required to be registered by or under the regulations.
(3) The register will also contain such information as the Mining
Registrar thinks fit.
(4) The register will be kept in such forms as the Mining Registrar thinks
fit (including in an electronic form).
(5) The Mining Registrar may establish requirements as to—
(a) the form of any instrument or document that is to be registered on the
register; and
(b) the use of electronic files, including as to their formats;
and
(c) the provision and certification of any instrument, document or
information, or as to any other matter; and
(d) the recording, management, preservation, storage, archiving and (if
appropriate) disposals of any instrument, document or material.
(6) Without limiting any other provision, the Mining Registrar may amend
the register—
(a) in order to ensure that the register is kept up to date; or
(b) in order to ensure that the register meets standards determined to be
appropriate by the Mining Registrar.
(7) The Mining Registrar may delay the registration of any instrument,
document or dealing for such period as the Mining Registrar considers
appropriate in a particular case.
(8) The Registrar who is responsible for the Warden's Court registry must,
after consultation with the Mining Registrar, ensure that there is a scheme in
place to ensure that information relating to the proceedings, decisions,
determinations and orders of the Warden's Court that are relevant to the
operation of the register is provided to the Mining Registrar for the purposes
of this section.
(9) A tenement
holder or other person who is required—
(a) to serve a notice on the Mining Registrar; or
(b) to provide or give a notice to the Mining Registrar; or
(c) to provide or give an agreement to the Mining Registrar,
must not fail to comply with that requirement—
(d) in accordance
with any relevant provision of this Act; or
(e) in accordance
with the regulations; or
(f) to the extent that
paragraph (d)
or
(e)
does not apply—within a reasonable time.
Maximum penalty: $5 000.
(10)
Subsection
(9)
does not apply to—
(a) the Minister; or
(b) the Registrar who is responsible for the Warden's Court registry;
or
(c) a person prescribed by the regulations for the purposes of this
subsection.
15AB—Dealings with mineral
tenements
(1) This section does not apply to or in relation to an interest if the
interest is not a legal or proprietary interest in a mineral tenement.
(2) A mineral
tenement, or an interest in a mineral tenement, must not be transferred,
assigned, sublet or be held subject to a trust, whether directly or indirectly,
without the consent of the Minister.
(3) A dealing to which
subsection (2)
applies has no effect unless or until it is—
(a) consented to by the Minister; and
(b) registered on the register under this Part.
(4) An application for the consent of the Minister under this
section—
(a) must be made in a manner and form determined by the Minister after
consultation with the Mining Registrar; and
(b) must be accompanied by the prescribed fee.
(5) The Minister may, in connection with an application for consent,
require the parties to furnish the Minister with any information specified by
the Minister.
(6) An application for the registration of an instrument giving effect to
or recording a dealing under this section must be made in a manner and form
determined by the Mining Registrar.
Division 2—Mortgages
15AC—Mortgages
(1) In this section—
mortgage includes any form of
charge.
(2) A party to a mortgage over a mineral tenement may apply to the Mining
Registrar to have the mortgage registered under this section.
(3) An application for the registration of a mortgage—
(a) must be made in a manner and form determined by the Mining Registrar;
and
(b) must be accompanied by the prescribed fee.
(4) The Mining Registrar may, in connection with an application for
registration, require the applicant to furnish the Mining Registrar with any
information specified by the Mining Registrar.
(5) A mortgage may be created with respect to a particular interest of a
tenement holder in the mineral tenement (being an interest that may be
constituted as a share in a mineral tenement (including a share expressed as a
percentage), or an interest as a tenant in common, or any other interest
recognised at law).
(6) The registration of a mortgage under this Part—
(a) does not give the mortgage (or the interest secured by the mortgage)
priority over other interests; and
(b) does not confer any additional status with respect to a power of
enforcement.
(7) However, if a mortgage is registered in relation to a mineral tenement
with the consent of the tenement holder (or tenement holders), the Mining
Registrar must not proceed to register a transfer of the mineral tenement, or an
interest in the mineral tenement, under
Division 1
after the registration of the mortgage unless—
(a) the instrument giving effect to the transfer was received by the
Mining Registrar before the registration of the mortgage; or
(b) the transfer is expressed to be subject to the mortgage; or
(c) the mortgagee (or mortgagees) consent to the registration of the
transfer; or
(d) the transfer is required by an order of a court or tribunal
constituted by law; or
(e) the mortgage is discharged before the registration of the transfer;
or
(f) the Mining Registrar is acting in any circumstance prescribed by the
regulations.
(8) Furthermore, if a mortgage is registered in relation to a mineral
tenement with the consent of the tenement holder (or tenement holders), the
mineral tenement may not be surrendered under this Act unless—
(a) the mortgagee (or mortgagees) consent to the surrender; or
(b) the mortgage is discharged before the surrender; or
(c) the surrender is by operation of section 30AAA, 30A or 33B;
or
(d) the surrender is happening in any circumstance prescribed by the
regulations.
(9) A mortgage
registered under this section may be discharged in accordance with procedures
determined by the Mining Registrar.
(10) A discharge under
subsection (9)
may only be made—
(a) on application made by the mortgagee; or
(b) on application made with the consent of the mortgagee.
(11) The Mining Registrar must discharge, or partially discharge, a
mortgage if the discharge is required by an order of a court or tribunal
constituted by law.
(12) An application for the discharge of a mortgage—
(a) must be in a form determined by the Mining Registrar; and
(b) must be accompanied by the prescribed fee.
15AD—Application to court to challenge aspects of
mortgages
(1) A person who—
(a) has an interest in a mineral tenement subject to a mortgage registered
under this Division; or
(b) has an interest that is directly affected by a mortgage registered
under this Division,
may apply to the appropriate court under this section.
(2) An application
may be made for 1 or more of the following:
(a) a declaration that a registered mortgage is defective, invalid or
unenforceable, on a ground specified in the application;
(b) an order that a transfer of a mineral tenement, or of an interest in a
mineral tenement, be registered despite the mortgage;
(c) an order that a registered mortgage be discharged or partially
discharged;
(d) an order that
the mortgagee (or purported mortgagee) pay compensation for any loss or damage
suffered because of the registration of a mortgage under this Division, or an
amount for or towards any such loss or damage.
(3) Any compensation payable under an order under
subsection (2)(d)
may be recovered as if it were a debt due to the person in whose favour
the order is made in a court of competent jurisdiction.
(4) This section does not limit any other jurisdiction or power of a
court.
Division 3—Caveats
15AE—Caveats
(1) A person (a
caveator) who has, or who is claiming, an interest in a mineral
tenement may apply to the Mining Registrar to have a caveat registered under
this Division.
(2) An application
for the registration of a caveat must be in a form determined by the Mining
Registrar.
(3) A caveat under
subsection (1)
may—
(a) forbid the registration of any transfer, mortgage or voluntary
surrender affecting a specified interest in the mineral tenement (an
absolute caveat); or
(b) forbid the registration of any transfer, mortgage or voluntary
surrender affecting the mineral tenement unless the transfer, mortgage or
surrender (as the case may be) expressly states that it is to be subject to the
interest claimed by the caveator (a claim caveat).
(4) However, if a caveat is being registered without the express consent
of the tenement holder for the mineral tenement to which the caveat
relates—
(a) if the caveator is a person who has entered into an agreement with, or
is a party to an agreement with, the tenement holder—
(i) the agreement must relate to—
(A) the sale or transfer (or both) of the tenement holder's interest in
the relevant mineral tenement; or
(B) any other matter connected with the tenement holder's interest in the
relevant mineral tenement; and
(ii) the agreement must provide for the registration of a caveat under
this Division; and
(iii) a copy of the agreement must accompany the application under
subsection (2)
; or
(b) in any other case—the caveator must provide such information as
the Mining Registrar may require regarding the nature of the interest.
(a) set out a date of expiry (if any); or
(b) set out that the caveat will expire—
(i) on a specified transfer or mortgage of an interest in the mineral
tenement; or
(ii) at the end of a specified period.
(6) In connection
with the preceding subsections, an application for the registration of a
caveat—
(a) must be accompanied by—
(i) the prescribed fee; and
(ii) such other documents or information as the Mining Registrar may
require; and
(b) if the caveat is being registered without the express consent of the
tenement holder for the mineral tenement to which the caveat relates—must
include a statutory declaration as to the truthfulness and accuracy of any
matter specified by the caveator in the application.
(7) The Mining Registrar does not have, on the receipt of an application
to register a caveat, any duty to determine whether or not—
(a) the caveat relates to a valid caveatable interest; or
(b) a caveatable interest has been sufficiently described; or
(c) there is sufficient evidence to support the caveat; or
(d) any matter specified in the application is true and
accurate.
(8) The registration of a caveat does not warrant the validity of any
interest claimed in the caveat.
(9) On the registration of a caveat under this section, a notice of the
registration of the caveat must be sent by the Mining Registrar to any tenement
holder whose interests are affected by the caveat, other than where the tenement
holder is also the caveator.
(10) A caveat registered under this Division—
(a) does not affect or prevent the renewal of a mineral tenement;
and
(b) does not lapse on the renewal of a mineral tenement (while the caveat
is registered); and
(c) does not affect or prevent any dealing with the mineral tenement (or
any interest in the mineral tenement) that is required by an order of a court or
tribunal constituted by law.
(11) A caveat registered under this Division will lapse
on—
(a) any order of the Warden's Court providing for the lapsing of the
caveat; or
(b) the withdrawal of the caveat by the caveator; or
(c) the expiry of the caveat as contemplated by
subsection (5)
.
(12) If—
(a) a caveat is registered in respect of a mineral tenement; and
(b) the caveat lapses,
the caveator or any related body corporate may not apply to register a
second or subsequent caveat relating to the same interest in the mineral
tenement to which the original caveat related without the approval of the
Warden's Court, or unless that second or subsequent caveat is being registered
with the express consent of the tenement holder for the mineral tenement to
which the caveat relates.
15AF—Application to Warden's Court to lapse caveat
or obtain compensation
(1) A person who—
(a) has an interest in a mineral tenement subject to a caveat registered
under this Division; or
(b) has an interest that is directly affected by a caveat registered under
this Division,
may apply to the Warden's Court under this section.
(2) An application
may be made for 1 or more of the following:
(a) a declaration that an interest claimed by the caveator is not a valid
caveatable interest;
(b) an order that a caveat lapse;
(c) an order that a transfer, mortgage or surrender relating to a mineral
tenement be registered despite the registration of a caveat under this
Division;
(d) an order that a
caveator pay compensation for any loss or damage suffered because a caveat
registered under this Division does not relate to a valid caveatable interest,
or an amount for or towards any such loss or damage.
(3) Any compensation payable under an order under
subsection (2)(d)
may be recovered as if it were a debt due to the person in whose favour
the order is made in a court of competent jurisdiction.
(4) This section does not limit any other jurisdiction or power of the
Warden's Court in relation to caveats under this Division.
Division 4—Other dealings
15AG—Other dealings
(1) Subject to
subsections
(2)
and
(3)
, a tenement holder may apply to the Mining Registrar for the registration
on the mining register of any agreement, memorandum, arrangement, instrument or
other document or dealing that relates to—
(a) the relevant mineral tenement, or an interest in the mineral tenement;
or
(b) authorised operations carried out, or to be carried out, on the
relevant mineral tenement,
(a registrable dealing).
(2) A registrable
dealing does not include any agreement, memorandum, arrangement, instrument or
other document or dealing—
(a) that does not satisfy any criteria determined by the Mining Registrar
for the purposes of this section; or
(b) that falls within a class excluded by the Mining Registrar from the
operation of this section.
(3) If a tenement
holder enters into a registrable dealing under which another person is to carry
out authorised operations in relation to the mineral tenement, the tenement
holder—
(a) must, within 14 days after entering into the registrable
dealing—
(i) inform the Minister of the registrable dealing in a manner and form
determined by the Minister; and
(ii) apply to the Mining Registrar to register the registrable dealing
under this section; and
(b) must, within 14 days after the person ceases to be responsible for
carrying out those authorised operations—
(i) inform the Minister of the matter in a manner and form determined by
the Minister; and
(ii) apply to the Mining Registrar to register the cessation under this
section.
Maximum penalty: $5 000.
(4) A registrable dealing must comply with any relevant requirement of the
Mining Registrar as to the form of any instrument or document that is to be
registered on the register.
(5) An application to register a registrable dealing under this
section—
(a) must be made in a manner and form determined by the Mining Registrar;
and
(b) must be accompanied by the prescribed fee.
Division 5—Protection from
liability
15AH—Protection from liability
(1) No act or
omission undertaken or made by the Mining Registrar, or by any person acting on
behalf of the Mining Registrar, in connection with the administration of the
mining register, or the registration of any interest, instrument, agreement,
statement, notice, order, direction, bond, penalty or other document or dealing
on the mining register, subjects the Mining Registrar, or any person acting on
behalf of the Mining Registrar, or the Minister, the Director of Mines or the
Crown, to any liability.
(2) Without limiting
subsection (1)
, the registration of any interest, instrument, agreement, statement,
notice, order, direction, bond, penalty or other document or dealing on the
mining register—
(a) does not give rise to any right of action against the Mining
Registrar, or any person acting on behalf of the Mining Registrar, or against
the Minister, the Director of Mines or the Crown (unless the proceedings are for
judicial review on the ground of jurisdictional error); and
(b) does not validate any instrument or dealing or provide any warranty as
to the validity of any instrument or dealing.
Division 6—Information
15AI—Interpretation
(1) In this Division—
designated material in relation to a mineral tenement
means—
(a) records of surveys and other operations carried out under, or for the
purposes of, the mineral tenement; and
(b) geological samples (including drill samples) and logs; and
(c) records that evidence the quantity and value of minerals recovered
from land comprised in the tenement that are liable to the payment of royalty
under this Act; and
(d) information and material prescribed by the regulations (including
information that relates to a transaction); and
(e) information and material specified by the Director from time to time
in accordance with
subsection (2)
(either generally or in relation to a specified mineral tenement or class
of mineral tenement);
designated person means—
(a) the Minister; and
(b) the Director of Mines; and
(c) the Mining Registrar and other mining registrars; and
(d) an authorised officer; and
(e) any person acting under the authority of a person referred to in a
preceding paragraph; and
(f) any other person brought within the ambit of this definition by the
regulations;
prescribed material means any document, instrument, report,
information, samples or other material—
(a) created under this Act; or
(b) provided to a designated person under this Act, or otherwise obtained
by a designated person under this Act.
(2) The Director
may specify information or material as designated material—
(a) by notice in the Gazette; or
(b) in the case of a notice that relates to a specified mineral
tenement—by notice served on the tenement holder in the manner prescribed
by the regulations.
(3) The Director may vary or revoke a notice under
subsection (2)
by a further notice of a similar kind.
15AJ—Compilation, keeping and provision of
material
(1) A tenement holder must compile or create designated material relating
to the tenement in accordance with any requirements prescribed by the
regulations.
Administrative penalty.
(2) A tenement holder must keep all designated material—
(a) in a form prescribed by the regulations or approved by the Director;
and
(b) in a place that complies with any requirements prescribed by the
regulations or that is approved by the Director; and
(c) for a period prescribed by the regulations or approved by the
Director.
Administrative penalty.
(3) A tenement
holder must, as required by the regulations, provide to the Director any
designated material of a prescribed kind.
Administrative penalty.
(4) A tenement
holder must, at the request of the Director or a person acting under the written
authority of the Director, produce, at the place specified by the Director or
the person acting under that written authority, any specified designated
material or designated material of a specified kind.
Administrative penalty.
(5) Any designated material provided or produced under
subsection (3)
or
(4)
must comply with any requirements—
(a) prescribed by the regulations; or
(b) specified by the Director in the manner prescribed by the
regulations.
Administrative penalty.
(6) In the case of any designated material provided or produced to the
Director or another person under this section, the Director or other person
may—
(a) take extracts from, or copies of, the designated material;
or
(b) retain the designated material.
15AK—Tests
(1) A tenement
holder must, at the request of the Director or a person acting under the written
authority of the Director, permit a person nominated in the request to make
tests, and take samples of minerals, in relation to or from land comprised in
the mineral tenement.
Administrative penalty.
(2) The Director may retain any material produced or taken under
subsection (1)
.
15AL—Release of material
(1) Subject to this
section, the Minister or the Director may, in such manner as the Minister or the
Director thinks fit, release any prescribed material.
(2) The Minister or
the Director must not release prescribed material that relates to a private
mine.
(3)
Subsection
(1)
does not authorise the release of any prescribed material
if—
(a) the release would be contrary to any other Act or law; or
(b) the release would be in breach of an order of a court or tribunal
constituted by law; or
(c) the release would involve the disclosure of a trade secret;
or
(d) the release would be contrary to any requirement or restriction
prescribed by the regulations.
(4) The Minister or
Director may release any prescribed material under this section—
(a) in such manner as the Minister or Director thinks fit; and
(b) subject to such
conditions as the Minister or Director thinks fit.
(5) A person who contravenes or fails to comply with a condition under
subsection (4)(b)
is guilty of an offence.
Maximum penalty: $120 000.
(6)
Subsections
(1)
,
(2)
and
(3)
do not—
(a) limit the ability of the Mining Registrar to publish or release, or to
allow access to, any instrument, document or other item or material registered
on the mining register; or
(b) limit the operation of any other section that provides for publication
or release of any instrument, document or other item of material.
(7) No action lies against the Minister or the Director in respect of the
contents of any prescribed material released under this section (including where
the release amounts to the publication of any material).
23—Amendment
of section 17—Royalty
(1) Section 17(1)—delete subsection (1) and substitute:
(1) Subject to this Act, royalty is payable to the Crown on all minerals
recovered from mineral land.
(1a) Royalty is not payable on extractive minerals recovered from mineral
land—
(a) where the terms and conditions of the mineral
tenement—
(i) make specific provision for the management and use of the extractive
minerals as extractive minerals produced during the course of carrying out
authorised operations under the tenement; and
(ii) make specific provision for the exemption of the extractive minerals
from the payment of royalty; or
(b) by the owner of the land under section 75(2).
(2) Section 17(4) to (6)—delete subsections (4) to (6)
(inclusive) and substitute:
(4) Subject to this
or any other relevant section, royalty will be equivalent to—
(a) in the case of
extractive minerals—55 cents per tonne, or such lesser amount as may
be prescribed by the regulations; or
(b) in the case of
minerals other than extractive minerals—
(i) if the minerals are declared mineral ores or concentrates—5% of
the value of the minerals, as assessed in accordance with this
section;
(ii) if the minerals are declared refined mineral products—3.5% of
the value of the refined mineral products, as assessed in accordance with this
section;
(iii) if the minerals are declared industrial minerals or construction
materials—3.5% of the value of the minerals, as assessed in accordance
with this section;
(iv) in any other case—5% of the value of the minerals, as assessed
in accordance with this section.
(5) If minerals are
sold pursuant to a contract with a genuine purchaser at arms length, the market
value (excluding GST) of the minerals, for the purposes of determining royalty,
will be the contract price obtained for the minerals on the day that ownership
of the minerals is transferred to the purchaser.
(6) If
subsection (5)
does not apply to the sale of minerals because there is no contract with a
genuine purchaser at arms length, the following provisions apply:
(a) the value of the minerals for the purposes of determining royalty will
be the value that represents the market value (excluding GST) of the minerals on
the day on which—
(i) the minerals—
(A) leave the mineral tenement from which the minerals were recovered;
or
(B) are used on the tenement; or
(ii) if the minerals have been transported to mineral land the subject of
a miscellaneous purposes licence—the minerals leave that mineral land or
are used on that mineral land,
whichever occurs later;
(b) the market
value of the minerals will be determined according to—
(i) any price
quoted or obtained on a market recognised by the Treasurer, after consultation
with the Minister, by notice in the Gazette as being a relevant industry market
for the purposes of determining the market value of minerals of that kind;
or
(ii) if
subparagraph (i)
does not apply—
(A) the price (if any) declared by the Treasurer, after consultation with
the Minister, by notice in the Gazette as being an indicative price for the
minerals; or
(B) the method (if any) declared by the Treasurer, after consultation with
the Minister, by notice in the Gazette that is to be used for determining an
indicative price for the minerals; or
(iii) if
subparagraphs
(i)
and
(ii)
do not apply—
(A) any price obtained in relation to sales of minerals of the same kind
where those sales were to genuine purchasers at arms length within the same
period for which a return is required to be furnished under section 17CA;
or
(B) if no relevant transactions have occurred in that period—any
price obtained by other parties within the industry in relation to sales of
minerals of the same kind on the open market within the same period for which a
return is required to be furnished under section 17CA; or
(iv) if
subparagraphs (i)
,
(ii)
and
(iii)
do not apply—the tenement holder's estimate of the reasonable value
of the minerals (to be determined in accordance with any requirements, and
accompanied by any information, prescribed by the regulations).
(3) Section 17(7)—delete "subsection (6)(a)" and
substitute:
subsection (5)
(4) Section 17(8)—delete subsection (8) and substitute:
(8) Costs of a prescribed kind incurred before minerals
leave—
(a) the mineral tenement from which the minerals were recovered;
or
(b) if the minerals have been transported to mineral land, the subject of
a miscellaneous purposes licence—that mineral land,
are not to be included for the purposes of determining the market value of
those minerals.
(8a) Costs of a prescribed kind incurred after minerals
leave—
(a) the mineral tenement from which the minerals were recovered;
or
(b) if the minerals have been transported to mineral land, the subject of
a miscellaneous purposes licence—that mineral land,
are not to be included for the purposes of determining the market value of
those minerals.
(5) Section 17(9)—delete "some other basis" and
substitute:
will be payable at some other price or according to some other
method
(6) Section 17(10)—delete "mining operations" and
substitute:
authorised operations
(7) Section 17(12)—delete "holder of a tenement" and
substitute:
tenement holder for the tenement
24—Amendment
of section 17A—Reduced royalty for new mines
(1) Section 17A—delete "mining operations" wherever occurring and
substitute in each case:
authorised operations
(2) Section 17A(6)(c)—delete "within the meaning of section 50 of
the Corporations Act 2001 of the Commonwealth"
25—Insertion
of sections 17AB and 17AC
After section 17A insert:
17AB—Royalty for private mines
(1) Subject to and
in accordance with the provisions of this Act, royalty in respect of minerals
recovered from private mines is payable as follows:
(a) in the case of a private mine in relation to which a relevant event
has occurred—royalty is payable on—
(i) extractive minerals recovered from the private mine; and
(ii) any other minerals recovered from the private mine on or after the
day on which the relevant event occurred;
(b) in any other case—royalty is payable on extractive minerals
recovered from the private mine, but is not payable on any other minerals so
recovered.
(2) For the
purposes of
subsection (1)
, a relevant event occurs if, on or after 19 June 2014, there
is (or has been) a change in—
(a) the proprietor
of the private mine; or
(b) the whole or
any part of the right to carry out authorised operations at the private
mine.
(3) A reference in
subsection (2)(a)
to a change in the proprietor of a private mine includes a change in a
person lawfully claiming under the proprietor whether the claim is of a legal or
equitable kind.
(4) If a private mine has 2 or more proprietors, a change in any of
those proprietors will be taken to be a relevant event for the purposes of
subsection (2)(a)
.
(5) Without
limiting any other provision, the following will be taken to be relevant events
for the purposes of
subsection (2)(a)
:
(a) the creation, transfer, assignment, sale or disposal of an interest in
proprietary rights in minerals recovered from a private mine under a contract or
other instrument or agreement;
(b) an event,
transaction or acquisition that would give rise to liability to pay duty under
Part 3 Division 6 or 8 or Part 4 of the
Stamp
Duties Act 1923
, disregarding any exemptions from such duty applying under that
Act;
(c) without
limiting
paragraph (b)
, the acquisition of a controlling interest in a business
that—
(i) is the proprietor of the private mine; or
(ii) holds the whole or any part of the right to carry out authorised
operations at the private mine.
(6) For the purposes of
subsection (5)(c)
—
(a) business includes bodies and associations (corporate and
incorporated) and partnerships; and
(b) a person has a controlling interest in a business if the
person would be treated as having a controlling interest in the business for the
purposes of section 72 of the
Payroll
Tax Act 2009
(disregarding section 72(1)).
(7) Subject to
subsection (8)
, the proprietor of a private mine is liable for royalty payable under this
section.
(a) a person other than the proprietor is carrying out authorised
operations at a private mine; and
(b) the proprietor gives notice to the Minister, in a manner and form
determined by the Minister, under this section,
the person carrying out the authorised operations (rather than the
proprietor) is liable for royalty under this section.
(9) If—
(a) the proprietor of a private mine has given a notice to the Minister
under
subsection (8)
; and
(b) the person carrying out authorised operations at the private mine
fails to pay royalty; and
(c) the proprietor pays the royalty,
the proprietor may, subject to any agreement to the
contrary—
(d) recover the amount paid as a debt from the person who failed to pay
the royalty; or
(e) set off the amount paid against a liability (if any) to the person who
failed to pay the royalty.
17AC—Notification of relevant
event
(1) If a relevant event within the meaning of
section 17AB
occurs, the person who, as a result of the relevant event, becomes a
proprietor of a private mine or acquires a right to carry out authorised
operations at a private mine (as the case may be) must, within 30 days
after the relevant event, notify the Minister of the relevant event.
Maximum penalty: $20 000.
(2) The notification of the relevant event—
(a) must be made in a manner and form determined by the Minister;
and
(b) must be accompanied by such information as may be prescribed by the
regulations.
26—Substitution
of section 17B
Section 17B—delete the section and substitute:
17B—Assessments by Treasurer
(a) the Treasurer is of the opinion that a person liable to pay
royalty—
(i) has not made a payment of royalty when it falls due; or
(ii) has not paid royalty in accordance with the royalty assessment
principles (and any related provision under this Act); or
(iii) has not paid royalty in accordance with any agreement or
determination that applies under section 17 or 17A; or
(iv) has not paid royalty in accordance with any other relevant
requirement; or
(b) the market value of minerals has been determined, for the purposes of
assessing royalty, according to a tenement holder's estimate of the reasonable
value of the minerals under section 17(6)(b)(iv) and the Treasurer does not
agree with the estimate; or
(c) a person makes a default in furnishing a return; or
(d) the Treasurer is not satisfied with a return furnished by a person;
or
(e) the Treasurer has reason to believe—
(i) that royalty is payable by a person who has not furnished a return;
or
(ii) that a person who has furnished a return has made an overpayment of
royalty,
the Treasurer may, after consultation with the Minister, make an assessment
of royalty the person is liable to pay.
(2) Without
limiting
subsection (1)
, the Treasurer may, after consultation with the Minister, on application
or on the Treasurer's own initiative, review and revise an earlier assessment of
royalty (and the revision will then be taken to be a new assessment for the
purposes of this Act).
(3) For the purposes of making an assessment under
subsection (1)
or
(2)
, the Treasurer may estimate the amount of royalty payable by a person and
may base the estimate on any matter the Treasurer considers relevant.
(4) The Treasurer must cause a copy of an assessment under this section to
be served on the person liable to pay the royalty or to whom a refund is
payable.
(5) If, as a result of the Treasurer's assessment, a lower amount of
royalty is payable for the relevant return period or periods, the Treasurer
must—
(a) refund the amount of the excess to the person; or
(b) set off the amount against a future liability to make payments of
royalty under this Act.
(6) A person on whom a copy of an assessment is served may, within
1 month after the date of service, appeal against the assessment to the ERD
Court.
(7) On the hearing of an appeal, the ERD Court may, if satisfied on the
basis of evidence provided by the appellant that the assessment of the Treasurer
is incorrect, vary the assessment of the Treasurer to such extent as it thinks
fit.
After section 17C insert:
17CA—Returns
(1) A tenement
holder must, not later than 31 January and 31 July in each year,
furnish the Director of Mines with a return in a manner and form determined by
the Director of Mines.
(2) A return under
subsection (1)
must contain the information required by the Director of Mines relating to
the conduct of authorised operations, the minerals recovered in the course of
those operations (including, but not limited to, minerals intended for sale or
utilised in some way by the tenement holder) and the sale or disposal of those
minerals during the period of 6 months commencing—
(a) in the case of the return due on 31 January in each year—on
the preceding 1 July; and
(b) in the case of the return due on 31 July in each year—on
the preceding 1 January,
and must comply with any other requirement specified by the Director of
Mines.
(3) If a mineral tenement is cancelled, suspended, transferred or
forfeited, the tenement holder at the time of cancellation, suspension, transfer
or forfeiture must, not later than 3 months after the occurrence of that
event, furnish the Director of Mines with a return in a manner and form
determined by the Director of Mines containing the information required by the
regulations.
(4) If a mineral tenement is due to expire, the tenement holder must, on
or before the date of expiry, furnish the Director of Mines with a return in a
manner and form determined by the Director of Mines containing the information
required by the regulations.
(5) If a tenement holder has applied for an approval to surrender the
mineral tenement, the tenement holder must comply with any prescribed
requirements as to the furnishing of a final return to the Director of
Mines.
(6) A return under this section must be accompanied by any information,
samples or other material required by the Director of Mines.
(7) The Director of Mines may, on application or on the Director's own
initiative, extend the date or time by which or within which a return must be
furnished under this section.
(8) A person who fails to comply with this section is guilty of an
offence.
Maximum penalty: $120 000.
(9) The regulations may exempt a person, or a class of persons, from a
requirement of this section.
(10) An exemption—
(a) may be granted absolutely or on conditions; and
(b) remains in force for the period specified in the
regulations.
28—Amendment
of section 17D—When royalty falls due (general
principles)
(1) Section 17D(1)(a)—delete "in respect of minerals with an ex-mine
gate value calculated" and substitute:
if the day on which a determination of the value of the minerals is made
for the purposes of assessing royalty falls
(2) Section 17D(1)(b)—delete "with an ex-mine gate value calculated"
and substitute:
if the day on which a determination of the value of the minerals is made
for the purposes of assessing royalty falls
(3) Section 17D(1)—delete "may," second occurring
(4) Section 17D(1a)—delete "designated mining operator" and
substitute:
designated tenement holder
(5) Section 17D(2)—delete "mining tenement or private mine" and
substitute:
mineral tenement
(6) Section 17D(2)(a)—delete paragraph (a) and substitute:
(a) in the case of a mineral tenement other than a private
mine—
(i) when the mineral tenement is being transferred, surrendered or
forfeited; or
(ii) when the mineral tenement is suspended or cancelled; or
(iii) when the mineral tenement expires; or
(7) Section 17D(4)—delete subsection (4)
29—Amendment
of section 17DA—Special principles relating to designated tenement
holders
(1) Section 17DA(1), definition of designated mining
operator—delete the definition and substitute:
designated tenement holder—see subsection
(2);
(2) Section 17DA(2)—delete subsection (2) and substitute:
(2) A designated tenement holder is a tenement holder who, in relation to
a particular financial year (the relevant financial year), is
designated by the Treasurer, after consultation with the Minister, by notice
served on the tenement holder, as being a tenement holder to whom this section
applies.
(3) Section 17DA(3)—delete "mining operator" wherever occurring and
substitute in each case:
tenement holder
(4) Section 17DA(4)—delete "mining operator" and
substitute:
tenement holder
(5) Section 17DA(5)—delete "mining operator" and
substitute:
tenement holder
(6) Section 17DA(6)—delete "mining operator" wherever occurring and
substitute in each case:
tenement holder
(7) Section 17DA(9)(a)—delete "mining operator" and
substitute:
tenement holder
(8) Section 17DA(10)(a)—delete "mining operator" wherever occurring
and substitute in each case:
tenement holder
30—Amendment
of section 17E—Penalty for unpaid royalty
(1) Section 17E(1)—delete "(other than minerals recovered from a
private mine)"
(2) Section 17E(4), formula—delete the formula and
substitute:
(3) Section 17E(4), definition of CLRR—delete the
definition and substitute:
MR is the market rate that applied under section 26 of
the
Taxation
Administration Act 1996
on the day on which the royalty fell due.
Section 18—delete the section and substitute:
18—Passing of property in
minerals
(1) Property in minerals recovered from mineral land passes to the
tenement holder (including to the proprietor of a private mine), on the day on
which a determination of the value of the minerals is made for the purposes of
assessing royalty payable on the minerals under section 17 or, if royalty is not
payable on the minerals, on recovery of the minerals.
(2) The liability
of a tenement holder (including the proprietor of a private mine) to pay royalty
to the Crown in respect of minerals recovered from mineral land arises when
property in the minerals passes to the tenement holder or the
proprietor.
(3) A liability under
subsection (2)
is a debt due to the Crown.
32—Amendment
of section 20—General right to prospect for minerals
Section 20(2)—delete "mining operations" and substitute:
authorised operations
33—Amendment
of section 21—Steps to establish a mineral claim
(1) Section 21(2) and (3)—delete subsections (2) and (3) and
substitute:
(2) The area of a mineral claim must be identified in accordance with the
requirements of section 56E.
(3) A notice relating to the claim must be served on the owner of the land
if required by the regulations (and the notice must be served by a prescribed
person in a manner prescribed by the regulations) (and such a notice may be
taken to be a notice of entry to the owner under section 58A).
(2) Section 21(6)—delete "a mining registrar in a manner and form
determined by the Minister" and substitute:
the Mining Registrar in a manner and form determined by the Mining
Registrar
(3) Section 21(7)(a)—delete "prescribed by the regulations" and
substitute:
determined or approved under section 56E
(4) Section 21(7)(f)—delete "a mining registrar" and
substitute:
the Mining Registrar
(5) Section 21(8)—delete "A mining registrar" and
substitute:
The Mining Registrar
(6) Section 21(8)(a)—delete "the mining registrar" and
substitute:
the Mining Registrar
(7) Section 21(9)—delete "by the Minister or approved by the mining
registrar" and substitute:
or approved by the Mining Registrar
34—Amendment
of section 25—Rights conferred by ownership of mineral
claim
Section 25(3)—delete subsection (3) and substitute:
(3) The ownership of a mineral claim does not confer any right to sell or
dispose of any minerals recovered in the course of authorised
operations.
35—Amendment
of section 26—Mineral claim not transferable etc
Section 26(4)—delete subsection (4)
36—Amendment
of section 27—Land not to be subject to successive mineral
claims
(1) Section 27—delete "surrendered or forfeited" and
substitute:
surrendered, cancelled or forfeited
(2) Section 27—after "held the previous claim" insert:
or a related body corporate
(3) Section 27—delete "surrender or forfeiture" and
substitute:
surrender, cancellation or forfeiture
(4) Section 27—after its present contents as amended by this section
(now to be designated as subsection (1)) insert:
(2) If an
application for the Minister to grant an authority under subsection (1) in
relation to a mineral claim that is due to lapse is made to the Minister before
the claim lapses, the Minister may (in the Minister's absolute discretion),
determine that no other mineral claim covering any of the area of the claim may
be made pending the Minister's decision on the application (and if the Minister
decides to grant the authority then the applicant may make a new mineral claim
under this Part within a period specified by the Minister (and no other claim
may be made in relation to the relevant area during that period)).
(3) A determination of the Minister under
subsection (2)
will have effect in accordance with its terms.
37—Substitution
of sections 28 and 29
Sections 28 and 29—delete the sections and substitute:
28—Preliminary
(1) In this Part—
exploration release area means an area identified as an
exploration release area in an exploration release area notice;
exploration release area notice means a notice published in
relation to relinquished ground under
subsection (5)
;
open ground means land—
(a) that—
(i) is not subject to an existing mineral tenement; and
(ii) subject to
paragraph (d)
, is not relinquished ground; or
(b) that has become available due to the partial surrender of a mineral
tenement, other than where the Minister has determined that the land should be
considered to be relinquished ground; or
(c) that has become available due to the reduction in the size of an
exploration licence on the amalgamation of an expenditure commitment or on
renewal of an exploration licence under this Part (other than under section
30A(11)); or
(d) that has been
subject to an exploration release area notice and has become available because
no exploration licence was granted in relation to the relevant exploration
release area on account of an application made during the application period
specified in the notice; or
(e) that has been the subject of an exploration licence and is to be
considered as open ground by virtue of a determination of the Minister;
or
(f) that is to be considered as open ground after the land has been the
subject of a reservation order under section 8 or subject to a notice under
section 15 by virtue of a determination of the Minister;
relinquished ground means land—
(a) over which an exploration licence has applied where the exploration
licence—
(i) has expired; or
(ii) has been cancelled or fully surrendered; or
(iii) has been the subject of an application for renewal, but the
application has been withdrawn,
other than where the Minister has determined that the land should be
considered as open ground, or should be the subject of a mineral tenement
granted to a particular person; or
(b) that—
(i) has been the subject of a reservation under section 8 and that
reservation has been revoked; or
(ii) has been the subject of a notice under section 15 and the completion
date under that notice has expired,
other than where the Minister has determined that the land should be
considered as open ground, or should be the subject of a mineral tenement
granted to a particular person; or
(c) that has been the subject of retention status under section 33B
and that status has expired under that section without the land becoming the
subject of a mining lease or retention lease, unless the land has returned to
its original status under the relevant exploration licence; or
(d) that is to be considered as relinquished ground by virtue of another
provision of this Act; or
(e) that is considered as relinquished ground rather than as open ground
by virtue of a determination of the Minister after the partial surrender of a
mineral tenement; or
(f) that constitutes relinquished ground under the regulations.
(2) An exploration licence is granted by the Minister.
(3) An exploration licence may be granted—
(a) in relation to an exploration release area; or
(b) in relation to open ground.
(4) If land becomes relinquished ground—
(a) a person may not make an application for an exploration licence in
relation to any part of the land; and
(b) a mineral claim may not be established in relation to any part of the
land, other than a mineral claim relating to extractive minerals,
until the land is subject to an exploration release area notice.
(5) An exploration
release area notice will be a notice in a form determined by the Minister and
will be issued by the Minister (in such manner as the Minister thinks fit) in
relation to relinquished ground at a time determined by the Minister after the
land becomes relinquished ground.
(6) An exploration release area notice will specify—
(a) the exploration release area; and
(b) the application period for that exploration release area.
29—Nature of exploration
licence
(1) An exploration licence authorises the holder of the licence to carry
out exploration operations of a kind described in the licence in respect of land
described, or referred to, in the licence.
(2) An exploration licence must not be granted in respect of extractive
minerals.
(3) An exploration licence does not (and cannot) authorise the holder of
the licence to carry out exploration operations for precious stones on land
within a precious stones field that is outside an opal development area, or on
land within an exclusion zone under the
Opal
Mining Act 1995
.
29A—Application for exploration
licence
(1) An application for an exploration licence—
(a) must be made in a manner and form determined by the Minister;
and
(b) must identify the boundaries of the land in respect of which the
licence is being sought in accordance with the requirements of section 56E;
and
(c) must be accompanied by such information as may be prescribed by the
regulations; and
(d) must be accompanied by the prescribed application fee.
(2) If an application relates to an exploration release area (and is
lodged with the Director within the application period for that exploration
release area), the following provisions will apply:
(a) if the application is the only application received during the
application period—the application will be assessed in accordance with
this Act;
(b) if the application is 1 of 2 or more applications received during the
application period—
(i) the applications will be ranked according to their merits after taking
into account such factors as the Minister considers appropriate in the
particular circumstances; and
(ii) the highest ranked application will be considered for the grant of an
exploration licence but if 2 or more applications are assessed as being of equal
merit, they will be placed in a ballot and the application selected by the
ballot will be considered for the grant of an exploration licence in accordance
with this Act.
(3) An application that relates to open ground may be made at any
time.
(4) The following provisions will apply in relation to applications that
relate to open ground:
(a) if, on a particular day, the Director receives only 1
application—the application will be assessed in accordance with this Act
(and the determination of the application will take priority ahead of an
application for an overlapping area lodged with the Director on a later
day);
(b) if, on a particular day, the Director receives 2 or more applications
that relate to the same land (wholly or in part)—
(i) the applications will be ranked according to their merits after taking
into account such factors as the Minister considers appropriate in the
particular circumstances; and
(ii) the highest ranked application will be considered for the grant of an
exploration licence but if 2 or more applications are assessed as being of equal
merit, they will be placed in a ballot and the application selected by the
ballot will be considered for the grant of an exploration licence in accordance
with this Act.
(5) The Minister may require the applicant to furnish the Minister with
any additional information specified by the Minister (and that information must
be furnished within any period specified by the Minister).
(6) A ranking under this section will cease to apply if the Minister
cancels the ranking on the ground—
(a) that the application is found to be invalid; or
(b) that there is some other default, defect or circumstance that the
Minister considers is sufficiently significant to warrant the cancellation of
the ranking.
(7) The Minister will not grant an exploration licence unless or until the
fee payable under section 31 has been received and if such a fee is not paid in
relation to an application that relates to an exploration release area within a
period determined by the Minister, the Minister may refuse the application and
proceed with the consideration of the application made in relation to the same
exploration release area with the next highest ranking (if any) (and if no
application is then granted the relevant land will become open
ground).
(8) Furthermore, the Minister may at any time and without consultation
with the applicant or taking any other step, refuse an application at any stage
of its consideration under this Act if—
(a) the applicant fails to comply with a requirement under this Act that
is relevant to the making or consideration of the application; or
(b) the Minister considers—
(i) that the applicant has not proceeded with reasonable diligence to
obtain any other permission, authorisation, consent or other form of approval
under another Act or law that is relevant in the circumstances; or
(ii) that there are other sufficient grounds for not assessing the
application further after taking into account the public interest and such other
matters as the Minister thinks fit.
29B—Grant of exploration
licence
(1) If the Minister decides to grant an exploration licence, the licence
will be taken to be granted under this Act when the licence is registered on the
mining register (and the term of the licence will be taken to commence from the
date of registration).
(2) The Minister must give notice of the granting of an exploration
licence in the manner prescribed by the regulations.
38—Amendment
of section 30—Incidents of licence
(1) Section 30(1)(b)—delete "conditions" wherever occurring and
substitute in each case:
terms or conditions
(2) Section 30(2)—delete "conditions" and substitute:
terms and conditions
(3) Section 30(3)—delete subsection (3)
(4) Section 30(8)—delete subsection (8)
After section 30 insert:
30AAA—Expenditure
(1) Subject to this section, it will be a condition of an exploration
licence that the tenement holder will achieve at least a level of expenditure
specified in or in relation to the licence on operations carried out under the
licence in accordance with the requirements of this section (an
expenditure commitment).
(2) The initial expenditure commitment will be based on information
furnished to the Minister as part of the application for the exploration licence
(and may be varied from time to time by the Minister taking into account the
operation of this section).
(3) The tenement
holder must, at such times as may be prescribed by the regulations, furnish a
return in a manner and form determined by the Minister that
contains—
(i) outlining the exploration operations carried out under the exploration
licence within a period prescribed by the regulations; and
(ii) declaring the amount of expenditure incurred in carrying out those
operations; and
(i) outlining the exploration operations that the tenement holder intends
to carry out under the exploration licence over an ensuing period prescribed by
the regulations; and
(ii) declaring the amount of expenditure that is estimated to be incurred
in carrying out those operations.
(4) A statement
under
subsection (3)(a)
—
(a) must be
accompanied by such information or evidence required by the Minister;
and
(b) will be registered by the Mining Registrar on the mining
register.
(5) Any expenditure commitment under a preceding subsection must at least
be at a monetary level set by or under a policy developed and published by the
Minister from time to time for the purposes of this section.
(6) A statement
under
subsection (3)(a)
, and any information or evidence required under
subsection (4)(a)
, must, if the Minister so requires, be verified by an independent person
with qualifications, and in a manner, specified by the Minister.
(7) Any cost associated with a requirement under
subsection (6)
will be borne by the tenement holder.
(8) A report provided under
subsection (6)
will, if the Minister so determines, be registered on the mining
register.
(9) If—
(a) a person fails to comply with a preceding subsection; or
(b) the Minister has reason to believe that an amount of expenditure that
has actually been incurred is less than an expenditure commitment,
the Minister may (without consultation with the tenement holder) alter the
relevant exploration licence by reducing the licence area by an amount
determined by the Minister.
(10) The Minister
may, on application under this subsection, allow a tenement holder or tenement
holders to amalgamate their expenditure commitments in relation to 2 or more
exploration licences in such manner or to such extent as the Minister may
determine.
(11) The Minister may, in assessing an application under
subsection (10)
, take into account such matters as the Minister thinks fit,
including—
(a) the relationship between any tenement holders who are parties to the
application; and
(b) the proximity of the relevant exploration licences to each
other.
(12) If an amalgamation of expenditure commitments is allowed under
subsection (10)
, the exploration licences to which the amalgamations relate will be
altered by reducing their licence areas by an amount or amounts determined by
the Minister after consultation with the tenement holders.
(13) The Minister may, on application by the tenement
holder—
(a) approve the deferment of an amount of expenditure under an expenditure
commitment; or
(b) approve the variation of an amount of expenditure that would otherwise
be required under an expenditure commitment.
(14) This section applies subject to any variation to an expenditure
commitment under section 33B.
40—Amendment
of section 30AA—Area of licence
Section 30AA—after subsection (2) insert:
(3) The holder of
an exploration licence may apply to the Minister for approval to surrender a
part of the area of the licence under an agreement that is intended to enable
another party to the agreement (a designated party) to obtain a
new exploration licence in relation to the land to be surrendered.
(4) An application under
subsection (3)
—
(a) must be made in a manner and form determined by the Minister;
and
(b) must be accompanied by such information as may be prescribed by the
regulations; and
(c) must be accompanied by the prescribed fee.
(5) An application may not be made under
subsection (3)
—
(a) if the exploration licence is due to expire within 2 years of the
making of the application; or
(b) if the other party to the agreement is, in relation to the tenement
holder, a related body corporate.
(6) If the Minister decides to consider an application under
subsection (3)
(and notifies the parties accordingly)—
(a) the designated
party has a period of 6 months to obtain an exploration licence over the land to
which the application relates, or such longer period as may be allowed by the
Minister; but
(b) if an exploration licence is not granted to the designated party
within the period that applies under
paragraph (a)
, the proposed surrender will be taken to be rejected.
(7) The tenement holder (and the exploration licence) will continue to be
subject to all the requirements of this Act in relation to the land to which an
application under
subsection (3)
relates while the designated party seeks to obtain an exploration licence
over the land.
(8) The tenement holder may at any time withdraw an application under
subsection (3)
by notice given to the Minister in accordance with the
regulations.
(9) If an application is withdrawn, an exploration licence will not be
granted to the designated party under this section.
(10) If an exploration licence is granted to the designated party on
application under
subsection (3)
, the land to which the application relates will be taken to have been
surrendered by the tenement holder on the date on which the new exploration
licence is granted (but will not be considered to be open ground for the
purposes of this Part).
(11) In addition and without limiting any other provision of this Act, the
Minister may at any time, on application by the tenement holder or with the
consent of the tenement holder, reduce the area of the licence.
41—Amendment
of section 30A—Term and renewals of licence
(1) Section 30A(1)—delete "five years" and substitute:
6 years
(2) Section 30A(2)—delete "less than five years" and
substitute:
less than 6 years
(3) Section 30A(2)—delete "exceeds five years" and
substitute:
exceeds 6 years during this initial period
(4) Section 30A(3)—delete "five years" and substitute:
6 years
(5) Section 30A(4) and (4a)—delete subsections (4) and (4a) and
substitute:
(4) An application
for renewal of an exploration licence must be made to the Minister in a manner
and form determined by the Minister before the date of expiry of the licence
(including an expiry after 1 or more renewals under this section).
(4a) An application under
subsection (4)
must be accompanied by—
(a) such information as may be prescribed by the regulations;
and
(b) any other information that the Minister may require.
(6) Section 30A(6a), (7) and (8)—delete subsections (6a), (7) and
(8) and substitute:
(7) The following
provisions will apply in relation to the renewal of an exploration
licence:
(a) when the term or aggregate term of the licence has reached the period
of 6 years from the grant date, the next renewal may be for a period of up to 6
years and if the renewal is granted for a period of less than 6 years then
further renewals may be granted until the aggregate period of renewal is 6 years
(so that the term of the licence reaches the 12th anniversary of the grant
date);
(b) if application is made for renewal of the licence for a period
beginning from the 12th anniversary of the grant date—
(i) the term of renewal may be for a period of up to 6 years and if
the renewal is granted for a period of less than 6 years then further
renewals may be granted until the aggregate period of renewal is 6 years
(so that the term of the licence reaches the 18th anniversary of the grant
date); and
(ii) the area of the licence must be reduced by 50% (being this percentage
of the area of the licence at the grant date) at the time of renewal (from the
12th anniversary of the grant date);
(c) the result will be that the maximum period of an exploration licence
with any renewals can be up to (but not exceeding) 18 years.
(8)
Subsection
(7)
is subject to the qualification that—
(a) the Minister and the tenement holder may at any time agree to reduce
an area by a percentage that exceeds the percentage referred to in that
subsection; and
(b) lesser reductions may be made by the Minister if retention status has
been granted in relation to the exploration licence under section 33B.
(9) Despite a
preceding subsection, the holder of an exploration licence may, before the date
of expiry of the licence, apply to the Minister for the renewal of the licence
pending a decision by the Minister on an application for the grant of a mining
lease or a retention lease that has been made by the tenement holder under this
Act.
(10) If an
application for the renewal of an exploration licence is made under
subsection
(9)
, the licence continues in operation until the application for the mining
lease or retention lease (as the case may be) is decided.
(11)
Subsection
(10)
operates subject to the qualification that on the day on which the licence
would otherwise expire—
(a) the area of the licence is reduced, by operation of this subsection,
to the area in relation to which the application for the mining lease or
retention lease (as the case may be) applies; and
(b) the balance of the area will be taken to be relinquished
ground.
(12) This section does not limit the operation of any other section that
provides for the relinquishment, excision or other reduction of land in respect
of which an exploration licence is granted.
(13) For the purposes of this section, the grant date is the
date of the original grant of the relevant exploration licence.
42—Substitution
of section 30AB
Section 30AB—delete the section and substitute:
30AB—Excise of land for public
purposes
(1) If, in the
opinion of the Minister, any land comprised in an exploration licence is
required for a public purpose, the Minister may, in a manner and form prescribed
by the regulations, excise that land from the total area comprised in the
licence, and the licence will then cease to apply to the land (but the land will
not be considered to be open ground for the purposes of this Part).
(2) If the Minister
acts under
subsection (1)
, the tenement holder may apply to the appropriate court for an order that
the Minister pay compensation to the tenement holder for the money expended by
the tenement holder in prospecting for minerals in the area excised from the
total area comprised in the exploration licence.
(3) The appropriate court may, on hearing an application under
subsection (2)
, determine an amount that would fairly compensate the tenement holder to
the extent referred to in that subsection and order that the amount so
determined be paid by the Minister to the tenement holder (and this amount will
be recoverable from the Minister).
43—Amendment
of section 31—Fee
Section 31—after subsection (2) insert:
(3) The liability to pay a fee under this section is a debt due to the
Crown.
44—Repeal
of sections 32 and 33
Sections 32 and 33—delete the sections
After section 33A insert:
33B—Retention status
(1) The holder of an exploration licence may apply to the Minister for
approval of retention status in relation to the licence under this
section.
(2) An application—
(a) must be made in a manner and form determined by the Minister;
and
(b) must identify the boundaries of the land in respect of which retention
status is being sought in accordance with the requirements of section 56E;
and
(c) must be accompanied by such information as may be prescribed by the
regulations.
(3) The Minister
may grant retention status in relation to the exploration
licence—
(a) if satisfied that the tenement holder has been unable to obtain 1 or
more approvals under another Act or Acts that are required before the tenement
holder can commence or continue exploration operations in relation to the land
to which the application relates; or
(i) that there is an identified mineral resource located in, on or under
the land to which the application relates; and
(ii) that it is unreasonable to expect an application to be made for a
mining lease or a retention lease because it is not commercially viable to spend
time and money on developing the resource; and
(iii) that it is reasonably likely that mining the relevant land will
become commercially viable within the next 6 years; or
(c) if satisfied
(in the Minister's absolute discretion) that there are other circumstances which
justify the granting of retention status under this section.
(4) The area of land in relation to which retention status applies will be
an area that the Minister considers, after consultation with the tenement
holder, to be reasonable in the circumstances (and may be less than the area
delineated in the application).
(5) The Minister may, in granting retention status in relation to an
exploration licence, or at a subsequent time, do 1 or more of the
following:
(a) provide for a reduction in any expenditure commitment applying under
section 30AAA;
(b) provide for less reduction in the area of the licence applying in
relation to a renewal of the licence under section 30A;
(c) provide for a reduction in the fees that would otherwise be payable
under section 31.
(6) Retention status is to be granted for a term determined by the
Minister of up to 6 years.
(7) If retention status is granted for a term of less than 6 years, the
Minister may extend the term (from time to time) so the aggregate term of
retention status does not exceed 6 years.
(8) The Minister may then extend the term of retention status beyond
6 years if satisfied that the grounds on which retention status may be
granted under
subsection (3)
still apply in relation to the matter.
(9) The Minister
may, when granting retention status in relation to an exploration licence, or at
a subsequent time, make it a condition of the licence that the tenement holder
carry out work, in accordance with a work program approved by the Minister, in
relation to land to which the retention status applies.
(10) A work program to be carried out by the tenement holder must, if the
Minister so requires, be submitted with the application for retention status and
from time to time as required under a condition of the licence imposed under
subsection (9)
.
(11) The Minister may approve a proposed work program with or without
addition or modification.
(12) The Minister may, on application by the tenement
holder—
(a) approve deferment of any work to be carried out under an approved work
program; or
(b) approve the variation of an approved work program; or
(c) cancel an approved work program.
(13) The Minister
may, at any time, by written notice accompanied by such information or evidence
as required by the Minister, require the holder of an exploration licence that
has retention status by virtue of the operation of
subsection (3)
to show cause—
(a) why 1 or more approvals required under another Act or Acts have not
been obtained; or
(b) why a mining lease or a retention lease should not be applied for in
relation to the whole or any part of the land comprised in the exploration
licence.
(a) the holder of the exploration licence fails to show cause (to the
satisfaction of the Minister) within a period specified by the Minister in a
notice under
subsection (13)
; or
(b) the Minister considers that the holder of the exploration licence has
failed to show sufficient cause,
the Minister may, by further notice to the tenement holder, require the
tenement holder to apply in accordance with this Act for a mining lease or a
retention lease in relation to the whole or any part of the land comprised in
the exploration licence.
(15) If the tenement holder fails to comply with a notice under
subsection (14)
within a period specified by the Minister, or an application for a mining
lease or retention lease is unsuccessful after a notice has been issued under
subsection (14)
, any retention status applying in relation to the land to which the notice
relates will expire and the land will be excised from the area of the
exploration licence and become relinquished ground.
(16) If—
(a) land in relation to which retention status applies is not subject to a
notice under
subsection (13)
; and
(b) the term of retention status comes to an end while the exploration
licence is still in force,
the land will return to its original status under the exploration
licence.
46—Substitution
of sections 34 to 37
Sections 34 to 37 (inclusive)—delete the sections and
substitute:
34—Preliminary
(1) Subject to this Act, the Minister may grant a mining lease to the
holder, or to a related body corporate of the holder, of—
(a) a registered mineral claim, in respect of the whole or part of land
comprised in the claim; or
(b) an exploration licence, in respect of the whole or part of land
comprised in the licence; or
(c) a retention lease, in respect of the whole or part of land comprised
in the lease.
(2) If a registered mineral claim or exploration licence relates to a
particular stratum, the mining lease must, if granted, relate to the same
stratum.
(3) A mining lease must not be granted in respect of land within a
subsurface stratum except on the authority of a resolution passed by both Houses
of Parliament.
(4) A mining lease is not required to be registered under the
Real
Property Act 1886
.
35—Nature of mining lease
(1) A mining lease—
(a) confers an exclusive right on the holder of the lease to carry out
mining operations subject to the provisions of this Act and the terms and
conditions of the lease for the recovery of minerals from the land comprised in
the lease; and
(b) authorises the holder of the lease to sell, or dispose of, minerals
recovered in the course of mining operations carried out under the lease or to
use any such minerals.
(2) A mining lease may be of a class prescribed by the regulations and
subject to terms and conditions prescribed by the regulations in relation to
that class, subject to any determination of the Minister as to the modification
of any such term or condition.
(3) In addition, a mining lease is subject to—
(a) such terms and conditions as may be prescribed; and
(b) such additional terms and conditions (if any) as the Minister thinks
fit and specifies in the lease.
36—Application for mining
lease
(1) An application for a mining lease—
(a) must be made in a manner and form determined by the Minister;
and
(b) must identify the boundaries of the land in respect of which the lease
is being sought in accordance with the requirements of section 56E;
and
(c) must be accompanied by a mining proposal—
(i) specifying the authorised operations that are proposed to be carried
out under the lease; and
(ii) setting out—
(A) an assessment of the environmental impacts of the proposed operations;
and
(B) an outline of the measures that the applicant intends to take to
manage, limit or remedy those impacts; and
(C) a statement of the environmental outcomes that are accordingly
expected to occur; and
(iii) incorporating a draft statement of the criteria to be adopted to
measure those environmental outcomes, in a form prescribed by the regulations;
and
(iv) setting out the results of the consultation undertaken in connection
with the proposed operations in accordance with the regulations; and
(d) must be accompanied by such other information as may be prescribed by
the regulations; and
(e) must be accompanied by the prescribed fee.
(2) The Minister may require the applicant to furnish the Minister with
any additional information specified by the Minister (and that information must
be furnished within any period specified by the Minister).
37—Approval of application and
registration
(a) must not grant a mining lease unless the Minister is
satisfied—
(i) that there is a reasonable prospect that the land in respect of which
the lease is sought could be effectively and efficiently mined; and
(ii) that appropriate environmental outcomes will be able to be achieved;
and
(b) must not grant a mining lease if the Minister considers that
sufficient investigations have not been carried out in order to enable the
Minister to determine the terms and conditions on which the lease could be
granted.
(2) However, if the Minister cannot grant a mining lease by virtue of the
operation of
subsection (1)
, the Minister may instead, with the concurrence of the applicant for the
mining lease (and on the basis of such further application by the applicant as
the Minister thinks fit), grant a retention lease under Part 7.
(3) If the Minister decides to grant a mining lease, the lease will be
taken to be granted under this Act when the lease is registered on the mining
register (and the term of the lease will be taken to commence from the date of
registration).
47—Amendment
of section 38—Term and renewal of mining lease
(1) Section 38(1)—delete ", not exceeding 21 years,"
(2) Section 38(2) to (6)—delete subsections (2) to (6) (inclusive)
and substitute:
(2) The holder of a mining lease may apply for the renewal of the lease
before the expiration of the term of the lease.
(3) An application
for the renewal of a mining lease must be made to the Minister in a manner and
form determined by the Minister before the date of expiry of the
lease.
(4) An application under
subsection (3)
must be accompanied by any other information that the Minister may
require.
(5) If an application for the renewal of a mining lease is not decided
before the date on which the lease is due to expire, the lease continues in
operation until the application is decided and, if the lease is renewed, the
renewal dates from the date on which the lease would, but for this subsection,
have expired.
(6) If the Minister decides to grant a renewal, the mining lease will be
renewed for a term determined by the Minister and specified in the
lease.
48—Repeal
of sections 39 to 41
Sections 39, 40 and 41—delete the sections
49—Substitution
of Parts 6A and 8
Parts 6A and 8—delete the Parts and substitute:
Part 7—Retention leases
42—Preliminary
(1) Subject to this Act, the Minister may grant a retention lease to the
holder, or to a related body corporate of the holder, of—
(a) a registered mineral claim, in respect of the whole or part of land
comprised in the claim; or
(b) an exploration licence, in respect of the whole or part of land
comprised in the licence; or
(c) a mining lease, in respect of the whole or part of land comprised in
the lease.
(2) If a registered mineral claim or exploration licence relates to a
particular stratum, the retention lease must, if granted, relate to the same
stratum.
(3) A retention lease is not required to be registered under the
Real
Property Act 1886
.
43—Nature of retention lease
(1) A retention lease is a mineral tenement that is granted in 1 of the
following cases:
(a) where the applicant seeks an authorisation to carry out authorised
operations to obtain information required to support an application for a mining
lease where those authorised operations are not suited to being conducted under
an exploration licence;
(b) where the Minister is acting under section 37(2) after a mining
proposal has been the subject of an application for a mining lease under Part
6;
(c) where for economic or other reasons the applicant for the lease is, in
the opinion of the Minister, justified in not proceeding immediately to mine the
land under a mining lease.
(2) A retention lease—
(a) confers an exclusive right on the tenement holder to prospect for
minerals on the land comprised in the lease; and
(b) confers on the tenement holder such other rights to conduct authorised
operations in respect of the land comprised in the lease as may be specified in
the lease; and
(c) confers on the tenement holder an exclusive right to apply for a
mining lease in respect of the land comprised in the lease.
(3) A retention lease is subject to—
(a) such terms and conditions as may be prescribed; and
(b) such additional terms and conditions (if any) as the Minister thinks
fit and specifies in the lease.
44—Application for retention
lease
(1) An application for a retention lease—
(a) must be made in a manner and form determined by the Minister;
and
(b) must identify the boundaries of the land in respect of which the lease
is being sought in accordance with the requirements of section 56E;
and
(c) except as provided by the regulations, must be accompanied by a
retention proposal—
(i) specifying the operations or steps that are proposed to be carried out
in order for the applicant to be in a position to make an application for a
mining lease; and
(ii) setting out—
(A) an assessment of the environmental impacts of any proposed authorised
operations to be carried out under the lease; and
(B) an outline of the measures that the applicant intends to take to
manage, limit or remedy those impacts; and
(C) a statement of the environmental outcomes that are accordingly
expected to occur; and
(iii) incorporating a draft statement of the criteria to be adopted to
measure those environmental outcomes, in a form prescribed by the regulations;
and
(iv) setting out the results of the consultation undertaken in connection
with any proposed operations in accordance with the regulations; and
(d) must be accompanied by such other information as may be prescribed by
the regulations; and
(e) must be accompanied by the prescribed fee.
(2) The Minister may require the applicant to furnish the Minister with
any additional information specified by the Minister (and that information must
be furnished within any period specified by the Minister).
(3) The Minister may exempt an applicant from complying with specified
requirements of this section if the retention lease is to be granted under
section 37(2).
45—Approval of application and
registration
(1) Without limiting any other provision, and except as provided by the
regulations, the Minister must not grant a retention lease unless the Minister
is satisfied that appropriate environmental outcomes will be able to be
achieved.
(2) If the Minister decides to grant a retention lease, the lease will be
taken to be granted under this Act when the lease is registered on the mining
register (and the term of the lease will be taken to commence from the date of
registration).
46—Term and renewal of retention
lease
(1) A retention lease may be granted for such term, not exceeding
5 years, as may be determined by the Minister and specified in the
lease.
(2) The holder of a retention lease may apply for the renewal of the lease
before the expiration of the term of the lease.
(3) An application for the renewal of a retention lease—
(a) must be made to the Minister in a manner and form determined by the
Minister; and
(b) must be accompanied by such information as may be prescribed by the
regulations.
(4) The Minister may require the applicant to furnish the Minister with
any additional information specified by the Minister (and the information must
be furnished within any period specified by the Minister).
(5) If an application for the renewal of a retention lease is not decided
before the date on which the lease is due to expire, the lease continues in
operation until the application is decided and, if the lease is renewed, the
renewal dates from the date on which the lease would, but for this subsection,
have expired.
(6) If the Minister decides to grant a renewal, the retention lease will
be renewed for a term determined by the Minister and specified in the
lease.
Part 8—Miscellaneous purposes
licences
47—Preliminary
(1) The Minister may grant to any person a miscellaneous purposes licence
in respect of mineral land.
(2) A miscellaneous purposes licence may not be granted over an area of
land exceeding the maximum permissible area prescribed by the
regulations.
48—Nature of miscellaneous purposes
licence
(1) A miscellaneous purposes licence is a mineral tenement that is granted
for ancillary operations.
(2) The Minister may, under the terms of a miscellaneous purposes licence
or by conditions attached to a miscellaneous purposes licence, limit or define
the scope of operations authorised under the licence.
(3) A miscellaneous purposes licence is subject to—
(a) such terms and conditions as may be prescribed; and
(b) such additional terms and conditions (if any) as the Minister thinks
fit and specifies in the licence.
49—Application for miscellaneous purposes
licence
(1) An application for a miscellaneous purposes licence—
(a) must be made in a manner and form determined by the Minister;
and
(b) must identify the boundaries of the land in respect of which the
licence is being sought in accordance with the requirements of section 56E;
and
(c) must be accompanied by a proposal—
(i) specifying the nature and extent of the ancillary operations that are
proposed to be carried out under the licence; and
(ii) setting out—
(A) an assessment of the environmental impacts of the proposed operations;
and
(B) an outline of the measures that the applicant intends to take to
manage, limit or remedy those impacts; and
(C) a statement of the environmental outcomes that are accordingly
expected to occur; and
(iii) incorporating a draft statement of the criteria to be adopted to
measure those environmental outcomes, in a form prescribed by the regulations;
and
(iv) setting out the results of the consultation undertaken in connection
with the proposed operations in accordance with the regulations; and
(d) must be accompanied by such other information as may be prescribed by
the regulations; and
(e) must be accompanied by the prescribed fee.
(2) The Minister may require the applicant to furnish the Minister with
any additional information specified by the Minister (and that information must
be furnished within any period specified by the Minister).
50—Approval of application and
registration
(1) Without limiting any other provision, the Minister must not grant a
miscellaneous purposes licence unless the Minister is satisfied that appropriate
environmental outcomes will be able to be achieved.
(2) If the Minister decides to grant a miscellaneous purposes licence, the
licence will be taken to be granted under this Act when the licence is
registered on the mining register (and the term of the licence will be taken to
commence from the date of registration).
51—Term and renewal of miscellaneous purposes
licence
(1) A miscellaneous purposes licence may be granted for such term as may
be determined by the Minister and specified in the licence.
(2) The holder of a miscellaneous purposes licence may apply for the
renewal of the licence before the expiration of the term of the
licence.
(3) An application for the renewal of a miscellaneous purposes
licence—
(a) must be made to the Minister in a manner and form determined by the
Minister; and
(b) must be accompanied by such information as may be prescribed by the
regulations.
(4) The Minister may require the applicant to furnish the Minister with
any additional information specified by the Minister (and the information must
be furnished within any period specified by the Minister).
(5) If an application for the renewal of a miscellaneous purposes licence
is not decided before the date on which the licence is due to expire, the
licence continues in operation until the application is decided and, if the
licence is renewed, the renewal dates from the date on which the licence would,
but for this subsection, have expired.
(6) If the Minister decides to grant a renewal, the miscellaneous purposes
licence will be renewed for a term determined by the Minister and specified in
the licence.
50—Substitution
of section 56B
Section 56B—delete the section and substitute:
56B—Special mining enterprises
(1) For the
purposes of this Part, a mining enterprise (whether existing or proposed) is a
special mining enterprise if—
(a) the Governor is satisfied, after taking into account the advice of the
Minister, that the enterprise is of major significance to the economy of the
State; and
(b) the Minister
and the person who conducts or proposes to establish the enterprise (the
proponent) have entered into an agreement for the exercise of
powers under this Part and the grant of an appropriate mineral tenement or
tenements in relation to the enterprise; and
(c) the Governor has ratified the agreement between the Minister and the
proponent.
(2) This Part has effect subject to any guidelines issued by the Minister
for the purposes of this Part.
(3) The following provisions of this Act apply in relation to an
application to the Minister under this Part as if the application were an
application for a mining lease:
(a) section 56E;
(b) section 56F;
(c) section 56G;
(d) section 56H;
(e) section 56I.
(4) An application may be made under this Part in relation to an existing
mineral tenement (or tenements), or for the purposes of obtaining a mineral
tenement (or tenements) in relation to an enterprise.
(5) An agreement
under
subsection (1)(b)
—
(a) must be in a form determined by the Minister after consultation with
the proponent; and
(b) has effect when ratified by the Governor and registered on the mining
register; and
(c) subject to
subsection (6)
, may be varied from time to time by further agreement between the parties
after complying with any process or procedure prescribed by the
regulations.
(6) An agreement
under
subsection (5)(c)
has no force or effect unless or until it is ratified by the Governor and
registered on the mining register.
56BA—Concept phase
(1) The first step
that a proponent who is seeking an agreement with the Minister under this Part
must take is to consult with the Director of Mines about the proposal.
(2) Consultation with the Director for the purposes of
subsection (1)
is initiated by an application made to the Director in a manner and form
determined by the Director.
(3) An application—
(a) must incorporate or be accompanied by such information as may be
prescribed by the regulations; and
(b) must be accompanied by the prescribed fee.
(4) The Director may require the proponent—
(a) to furnish to the Director any additional information specified by the
Director (and that information must be furnished within any period specified by
the Director); and
(b) to undertake any consultation required by the guidelines issued by the
Minister or specified by the Director (and that consultation must be undertaken
within a period specified by the Director); and
(c) to take any other action specified by the Director.
(a) bring the consultation envisaged by
subsection (1)
to an end as the Director thinks fit; and
(b) at the end of
the consultation, advise the proponent—
(i) that the matter
may proceed to an application to the Minister for the purposes of this Part;
or
(ii) that the matter is not, in the opinion of the Director, suitable for
further consideration under this Part.
(6) If
subsection (5)(b)(i)
applies, the proponent is entitled to proceed to make an application to
the Minister (but otherwise the matter may not proceed further under this
Part).
56BB—Application phase
(1) If a proponent is entitled to proceed to make an application to the
Minister, the application—
(a) must be made in a manner and form determined by the Minister;
and
(b) must be accompanied by a proposal containing the full particulars of
the mining enterprise, including—
(i) information that identifies the boundaries of the land in respect of
which the proposal relates which is in accordance with the requirements of
section 56E; and
(ii) a statement of the nature, extent and proposed scheduling of the
mining operations and related or ancillary operations or works that the
proponent carries out or proposes to carry out under the enterprise;
and
(iii) an economic analysis of the enterprise, including financial
projections and details of the financial resources available to the proponent
for the purposes of the enterprise; and
(iv) an assessment of the benefits to the State derived or expected to be
derived from the enterprise; and
(v) an assessment of the expected environmental effects of the enterprise;
and
(vi) a statement of the measures that the proponent considers appropriate
to protect the environment, and to remedy environmental damage that may result
on account of operations or activities carried out for the purposes of the
enterprise; and
(vii) a statement of the measures that the proponent considers appropriate
for the protection of any Aboriginal sites or objects within the meaning of the
Aboriginal
Heritage Act 1988
that may be affected by the enterprise; and
(c) must be accompanied by such other information as may be prescribed by
the regulations; and
(d) must be accompanied by the prescribed fee.
(2) The Minister may require the proponent to furnish the Minister with
any additional information specified by the Minister (and that information must
be furnished within any period specified by the Minister).
(3) An application will, in relation to any mineral tenement that may be
subsequently granted under this Part (if the mining enterprise becomes a special
mining enterprise), be taken to be an application duly made under this Act for
that tenement.
(4) The Minister may, at any time and in the Minister's absolute
discretion (and without consultation with the proponent or taking any other
step), by notice to the proponent, refuse an application under this
Part.
(5) No mineral claim may be established by, or a mineral tenement granted
to, any other person over land to which an application under this Part relates
until—
(a) 28 days after the application is refused or withdrawn; or
(b) a mineral tenement (or tenements) are granted to the proponent over
the land.
(6) The Minister must give notice of the approval of an application under
this section in accordance with any prescribed requirements.
51—Amendment
of section 56C—Power to exempt from or modify Act
(1) Section 56C(2)—delete subsection (2) and substitute:
(2) An exemption or modification cannot be granted or made to this Part in
respect of the application of following provisions of this Act:
(a) sections 9 and 9AA;
(b) section 61;
(c) Part 9B;
(d) Part 10A;
(e) any other provision specified by the regulations.
(2) Section 56C(7), penalty provision—delete "$50 000" and
substitute:
$250 000
52—Amendment
of section 56D—Existing tenements
(1) Section 56D—delete "mining tenement" wherever occurring and
substitute in each case:
mineral tenement
(2) Section 56D(2)(b)—delete paragraph (b) and substitute:
(b) the existing lease or licence is subject to a term or condition that
has been included to protect the environment,
After section 56D insert:
Part 8B—Common provisions
Division 1—Identifying areas and considering
applications
56E—Identification of areas
(1) This section applies in relation to—
(a) establishing a mineral claim; and
(b) an application for an exploration licence; and
(c) an application by the holder of an exploration licence for retention
status in relation to the licence; and
(d) an application for—
(i) a mining lease; or
(ii) a retention lease; or
(iii) a miscellaneous purposes licence; and
(e) any mineral tenement once it is registered under this Act.
(2) An area that
must be identified, delineated or defined in any case to which this section
applies must be identified, delineated or defined in a manner and form
determined or approved by the Mining Registrar.
(3) Without limiting the operation of
subsection (2)
, the boundaries of such an area may be identified in a way that accurately
shows where the boundaries are located on the ground or allows the boundaries'
location on the ground to be accurately worked out.
(4) The holder of a mineral tenement which has an area identified by any
pegs, markers or other items on the ground after the area has been identified,
delineated or defined under this section must take reasonable steps to ensure
that the area continues to be so identified during the term of the
tenement.
Administrative penalty.
(5) Without limiting a preceding subsection, a person who holds a mineral
tenement in respect of a subsurface stratum may identify a claim or tenement on
land above the land comprised in the tenement in any way determined or approved
by the Mining Registrar.
56F—Related environmental
legislation
(1) This section applies in relation to—
(a) an application for an exploration licence or for the renewal of an
exploration licence; and
(b) an application for a mining lease or for the renewal of a mining
lease; and
(c) an application for a retention lease or for the renewal of a retention
lease; and
(d) an application for a miscellaneous purposes licence or for the renewal
of a miscellaneous purposes licence; and
(e) an application for a change in operations under Division 7
and
(f) in relation to an exploration licence after it has been
granted—an application for approval of a program that applies in relation
to the licence under Part 10A so as to authorise the use of declared
equipment.
(2) If an application to which this section applies relates to an area
within the Murray-Darling Basin, the Minister must, in considering the
application, take into account the objects of the
River
Murray Act 2003
and the Objectives for a Healthy River Murray under that
Act.
56G—Specially protected areas
(1) This section
applies in relation to—
(a) an application for an exploration licence or for the renewal of an
exploration licence; and
(b) an application for a mining lease or for the renewal of a mining
lease; and
(c) an application for a retention lease or for the renewal of a retention
lease; and
(d) an application for a miscellaneous purposes licence or for the renewal
of a miscellaneous purposes licence; and
(e) an application for a change in operations under Division 7;
and
(f) in relation to an exploration licence after it has been
granted—an application for approval of a program that applies in relation
to the licence under Part 10A so as to authorise the use of declared
equipment.
(2) If an application to which this section applies relates to an area
within or adjacent to a specially protected area, the Minister must, before
making a decision on the application, refer the application to the relevant
Minister and consult with the relevant Minister in relation to the
matter.
(3) If an application is referred to a relevant Minister and the Minister
to whom the administration of this Act is committed and the relevant Minister
cannot agree—
(a) on the decision to be made on the application; or
(b) on any terms or conditions that should be applied if the application
is approved,
the Minsters must take steps to refer the matter to the Governor and the
Governor will determine the matter (and any decision made by the Governor will
be taken to be a decision of the Minister under this Act).
Division 2—Notice
56H—Notice
(1) This section applies in relation to—
(a) an application for—
(i) a mining lease; or
(ii) a retention lease (unless exempt by the regulations); or
(iii) a miscellaneous purposes licence; or
(b) an application under
Division 7
(to the extent that the requirements of that Division are applied by the
regulations).
(2) The Minister
must, as soon as practicable after receiving an application to which this
section applies, in such manner as the Minister thinks fit, give notice of the
application—
(a) to the owner of the land to which the application relates;
and
(b) if the land is within the area of a council—to the
council.
(3) In addition,
before the Minister makes a decision on an application to which this section
applies, including as to the terms and conditions (if any) that will apply or
attach to the relevant mineral tenement or approval, the Minister must publish,
in such manner as the Minister thinks fit, a notice—
(a) describing the land to which the application relates and, if relevant,
the particular stratum in relation to which the tenement would be, or has been,
granted (as the case requires); and
(b) specifying a place where the application may be inspected;
and
(c) inviting written submissions in relation to the application to the
Minister within a time specified in the invitation.
(a) must give to the applicant a copy of any submission received by the
Minister under
subsection (3)
within the relevant period specified by the Minister; and
(b) may require the applicant to respond to any matter raised in any such
submission within a period specified by the Minister.
(5) A submission
under
subsection (3)
cannot be made on the basis that the submission (or part of the
submission) will be kept confidential and a response under
subsection (4)
cannot be made on the basis that the response (or part of the response)
will be kept confidential.
(6) In determining
whether or not to grant an application to which this section applies and, if so,
the terms and conditions on which it should be granted, the Minister must have
regard to any submissions or response received under
subsection (3)
or
(4)
.
(7) The requirement to publish a notice under
subsection (3)
, and the requirements of
subsections
(4)
,
(5)
and
(6)
, do not apply if the Minister decides to refuse the application without
inviting submissions on the application.
(8) As soon as practicable after determining whether or not to grant or
refuse an application to which this section applies, the Minister must cause
notice of the determination to be published in accordance with the
regulations.
Division 3—Terms and
conditions
56I—Matters to be considered
(1) This section applies in relation to an application
for—
(a) a mining lease; or
(b) a retention lease; or
(c) a miscellaneous purposes licence.
(2) The Minister must, in determining the terms and conditions subject to
which a mineral tenement is to be granted on an application to which this
section applies, give proper consideration to—
(a) any aspect of the environment that may be affected by the conduct of
authorised operations under the tenement; and
(b) any other lawful activities that may be affected by those authorised
operations; and
(c) any Aboriginal sites or objects within the meaning of the
Aboriginal
Heritage Act 1988
that may be affected by those authorised operations,
and may take into consideration such other factors or matters as the
Minister considers appropriate in the particular case.
56J—Alteration of terms and
conditions
(1) This section applies in relation to—
(a) a mining lease; and
(b) a retention lease; and
(c) a miscellaneous purposes licence.
(2) Without
limiting any other provision, the Minister may at any time add, vary or revoke a
term or condition of a mineral tenement to which this section applies if the
Minister considers that the addition, variation or revocation is
necessary—
(a) to offset, stabilise, prevent, reduce, minimise or eliminate any
potential, perceived or actual undue damage to the environment associated with
authorised operations carried out under the tenement; or
(b) to ensure consistency with the conditions attached to the Commonwealth
Minister's approval (if any) under the Environment Protection and
Biodiversity Conservation Act 1999 of the Commonwealth; or
(c) taking into account any other matter prescribed by the
regulations.
(3) The Minister
must take reasonable steps to consult with the holder of the relevant mineral
tenement before acting under
subsection (2)
.
(a) the Minister acts under
subsection (2)
during the term of the relevant mineral tenement; and
(b) the Minister acts without the agreement of the tenement
holder,
the tenement holder may appeal to the ERD Court in relation to the
matter.
(5) The ERD Court
may, on hearing an appeal under
subsection (4)
—
(a) confirm the action taken by the Minister;
(b) vary or revoke any term or condition imposed by the Minister, or
impose any term or condition considered appropriate by the Court;
(c) make any consequential or ancillary order that the Court considers
necessary or expedient.
(6)
Subsections
(3)
,
(4)
and
(5)
do not apply in any circumstances prescribed by the regulations.
56K—Special term or condition relating to
extractive minerals
The terms or conditions of a mineral tenement may—
(a) make provision for the management and use of extractive minerals
produced during the course of carrying out authorised operations under the
tenement; and
(b) provide for the exemption of those extractive minerals from the
payment of royalty.
56L—Offence to contravene term or
condition
A person must not contravene, or fail to comply with, a term or condition
of a mineral tenement.
Maximum penalty: $250 000.
Division 4—Rental
56M—Rental
(1) This section applies in relation to—
(a) a mining lease; and
(b) a retention lease; and
(c) a miscellaneous purposes licence.
(2) A mineral
tenement to which this section applies must provide for the payment, by way of
rental, of such sum as may be prescribed by the regulations (and different sums
may be prescribed according to different classes of tenement).
(3) Subject to this section, the amount by way of rental is payable to the
Minister.
(4) If a mineral
tenement to which this section applies is granted over land consisting of, or
including, land subject to an estate in fee simple (with the interest of any
registered proprietor of such an estate being referred to as a relevant
interest) then, except to the extent that
subsection (5)
applies, the amount paid to the Minister under this section in relation to
the tenement must, after deduction of 5% (with the net amount remaining after
the 5% deduction being referred to as the net amount available for
distribution) be dealt with in accordance with the following
principles:
(a) the proportionate entitlement of each holder of a relevant interest in
the land must be worked out by determining what proportion of the total area of
the land subject to the tenement is represented by land in relation to which a
relevant interest exists (with an appropriate allocation between entitlements if
there is more than 1 registered proprietor in relation to any particular piece
of land);
(b) a proportion of
the net amount available for distribution, equivalent to the registered
proprietor's proportionate entitlement, must be paid to each holder of a
relevant interest in land subject to the tenement;
(c) if a balance remains after distribution under
paragraph (b)
, the balance is to be retained by the Minister.
(5) Despite
subsections
(2)
and
(4)
, if a tenement holder or any related body corporate is also a registered
proprietor of an estate in fee simple of land—
(a) the amount of rental is 5% of the amount that would otherwise be
payable under
subsection (2)
; and
(b) the scheme under
subsection (4)
will not apply in relation to the holder; and
(c) that holder's interest in the land will be disregarded for the
purposes of
subsection (4)
(and if there is no other registered proprietor of an estate in fee simple
of the land, then the subsection will not apply).
(6) If a mineral
tenement to which this section applies is granted over land consisting of, or
including, land subject to native title conferring a right to exclusive
possession of the land (with the interest of any holder of such native title
being referred to as a relevant interest) then the amount paid to
the Minister under this section in relation to the tenement must, after
deduction of 5% (with the net amount remaining after the 5% deduction being
referred to as the net amount available for distribution) be dealt
with in accordance with the following principles:
(a) the proportionate entitlement of each holder of a relevant interest in
the land must be worked out by determining what proportion of the total area of
the land subject to the tenement is represented by land in relation to which a
relevant interest exists (with an appropriate allocation between entitlements if
there is more than 1 holder of native title in relation to any particular piece
of land);
(b) a proportion of
the net amount available for distribution, equivalent to each person's
proportionate entitlement, must be paid to each holder of a relevant interest in
land subject to the tenement;
(c) if a balance remains after distribution under
paragraph (b)
, the balance is to be retained by the Minister.
(a) the Minister retains an amount paid by way of rental in relation to
any land that is not subject to the operation of
subsection (4)
or
(6)
; and
(b) a valid claim for native title conferring a right to exclusive
possession is subsequently made in relation to the land,
then any such amount that is attributable to rental paid to the Minister in
relation to the prescribed period is, after deduction of 5%, payable to the
person or persons to whom native title is granted (and if there is more than 1
such person then their respective shares will be determined by applying the
principles set out in
subsection (6)
).
(8) For the
purposes of
subsection (7)
, the prescribed period is the period of 5 years immediately
preceding the registration of native title under the law of the State or the
Commonwealth (as the case may be).
(9)
Subsections
(4)
to
(8)
do not apply in relation to land owned by—
(a) a Minister; or
(b) the Commissioner for Highways; or
(c) any other agency or instrumentality of the Crown prescribed by the
regulations.
(10) An amount paid to the holder of a relevant interest in land under
this section will not be taken to be compensation for the purposes of any other
section.
56N—Debt payable to Crown
The liability to pay any rental under this Division is a debt due to the
Crown.
Division 5—Rectification of
boundaries
56O—Rectification of
boundaries
(1) This section applies in relation to any mineral tenement.
(a) vary the
boundaries or delineation of a mineral tenement; or
(b) authorise the
moving or replacement of any pegs or other items used to identify a mineral
tenement; or
(c) take or
authorise other action to clarify or rectify the area, location or boundaries of
a mineral tenement.
(3) However—
(a) the Mining Registrar may only act under
subsection (2)(a)
or
(b)
—
(i) if the Mining Registrar is acting with the consent of the tenement
holder; or
(ii) if authorised to do so by a determination of the Warden's Court made
on application by the Mining Registrar; and
(b) the Mining Registrar may only act under
subsection (2)(c)
after consultation with the tenement holder.
Division 6—Amalgamation of
areas
56P—Amalgamation of areas
(1) This section applies in relation to any mineral tenement.
(2) The Minister may, on application by a tenement holder or by agreement
with a tenement holder, amalgamate the areas of 2 or more mineral tenements (and
2 or more tenement holders may make application under this section in relation
to 2 or more mineral tenements).
(3) If an amalgamation
proceeds under this section—
(a) the relevant mineral tenements are amalgamated into the
1 tenement (and if more than 1 tenement holder has an interest in the
amalgamated tenement, their respective interests will be determined according to
an agreement between these parties); and
(b) the terms and conditions of the tenement will be as determined by the
Minister after consultation with the tenement holder (or tenement holders);
and
(c) the term of the
tenement will be as determined by the Minister after consultation with the
tenement holder (or tenement holders) and after taking into account such other
interests as may be relevant in the circumstances; and
(d) the Minister may make such other determinations relating to any other
matter associated with the amalgamated tenement arising under this Act that are
considered to be necessary or appropriate by the Minister (and any such
determination will have effect according to its terms).
Division 7—Change in
operations
56Q—Preliminary
(1) This Division applies if both
subsections
(2)
and
(3)
apply (subject to the operation of
subsection (4)
).
(2) This Division
applies in relation to—
(a) a mining lease; and
(b) a retention lease; and
(c) a miscellaneous purposes licence.
(3) This Division
applies in relation to a proposal by the tenement holder—
(a) to make a
change to the authorised operations to be carried out under the tenement;
or
(b) without limiting
paragraph (a)
—to make a change—
(i) in the mineral that is intended to be recovered; or
(ii) that may reduce the ability of the tenement holder to achieve a
particular outcome, including an environmental outcome, or that is a change to
the criteria to be adopted to measure a particular outcome; or
(iii) to the terms or conditions of the tenement; or
(c) to make a change of any prescribed kind.
(4) This Division
does not apply in any circumstances prescribed by the regulations.
(5) A change to which this Division applies must not be made without the
approval of the Minister.
Maximum penalty: $250 000.
56R—Application
(1) An application for the approval of the Minister under this
Division—
(a) must be made in a manner and form determined by the Minister;
and
(b) must be accompanied by—
(i) a proposal relating to the change being proposed by the tenement
holder that complies with any requirements prescribed by the regulations;
and
(ii) such other information prescribed by the regulations; and
(c) must be accompanied by the prescribed fee.
(2) The Minister may require the applicant to furnish the Minister with
any additional information specified by the Minister (and that information must
be furnished within any period specified by the Minister).
56S—Consultation
The Minister—
(a) may undertake such consultation in relation to an application under
this Division as the Minister thinks fit; and
(b) must undertake consultation under
Division 2
in relation to an application under this Division if required to do so by
the regulations.
56T—Consideration of proposal
(a) a change included in a proposal under this Division relates to
extractive minerals; and
(b) the relevant mineral tenement has not previously applied in relation
to extractive minerals; and
(c) the extractive minerals are on land granted in fee simple or land in
respect of which native title conferring a right to exclusive possession of land
exists,
the Minister must not approve the change except with the written consent of
the owner of the land.
(2) Consent given by an owner of land under
subsection (1)
is binding on all subsequent owners of the land.
(3)
Subsection
(1)
does not apply if the purpose of the change is to vary the terms or
conditions of the mineral tenement so as to make provision for the management
and use of extractive minerals produced during the course of carrying out
authorised operations under the tenement.
(4) In addition, the Minister must not approve a change included in a
proposal under this Division unless satisfied—
(a) in the case of a mining lease—that the change will not adversely
affect the ability of the tenement holder to ensure that land comprised in the
tenement can be effectively and efficiently mined; and
(b) that appropriate environmental outcomes will be able to be achieved;
and
(c) that the change will not adversely affect the ability of the tenement
holder to comply with the other requirements of this Act.
56U—Terms and conditions
(1) The Minister
may, at the time of granting an approval under this Division, add, vary or
revoke a term or condition of the relevant mineral tenement (to the extent that
the Minister considers that the addition, variation or revocation is directly or
indirectly relevant to the granting of the approval).
(2) The Minister must, in acting under
subsection (1)
, give proper consideration to—
(a) any aspect of the environment that may be affected by the change in
authorised operations under the tenement; and
(b) any other lawful activities that may be affected by the change;
and
(c) any Aboriginal sites or objects within the meaning of the
Aboriginal
Heritage Act 1988
that may be affected by the change,
and may take into consideration such other factors or matters as the
Minister considers appropriate in the particular case.
56V—Registration
(1) If the Minister decides to approve an application under this Division,
the approval will be taken to be granted when the approval is registered on the
mining register (and the approval will take effect from the date of
registration).
(2) The Minister must give notice of the granting of an approval under
this Division in the manner prescribed by the regulations.
Division 8—Cancellation, suspension and
surrender
56W—Cancellation and suspension—action by
Minister
(1) This section applies in relation to—
(a) an exploration licence; or
(b) a mining lease; or
(c) a retention lease; or
(d) a miscellaneous purposes licence.
(2) The Minister may cancel or suspend a mineral tenement to which this
section applies if the tenement holder contravenes or fails to comply
with—
(a) a term or condition of the tenement; or
(b) a provision of this Act.
(3) The Minister may suspend all or some of the authorised operations
under a mineral tenement to which this section applies—
(a) pending compliance with an obligation or requirement under this Act by
the tenement holder; or
(b) until the tenement holder takes some other step specified by the
Minister; or
(c) on account of any other matter that, in the opinion of the Minister,
warrants suspension of rights under the tenement.
(4) The Minister
must not take action under this section unless or until the Minister
has—
(a) taken reasonable steps to notify the tenement holder of the proposed
course of action (including in the notification the grounds on which the
Minister is intending to act); and
(b) provided the tenement holder with an opportunity to make written
submissions in relation to the matter within a period specified by the
Minister.
(5) The Minister
may, after complying with
subsection (4)
, by instrument registered on the mining register, cancel or suspend a
mineral tenement.
(6) The Minister
must ensure that a notice of the cancellation or suspension of a mineral
tenement under
subsection (5)
is given to the tenement holder.
(7) A tenement
holder may, within 28 days after receiving a notice under
subsection (6)
, appeal to the ERD Court in relation to the matter.
(8) The ERD Court
may, on hearing an appeal under
subsection (7)
, if satisfied that the ground or grounds on which the Minister acted were
insufficient to justify the cancellation or suspension of the mineral tenement
(as the case may be)—
(a) revoke the
cancellation or suspension; and
(b) make any consequential or ancillary order that the Court considers
necessary or appropriate.
(9) If the ERD Court makes an order under
subsection (8)(a)
, the Minister may, subject to any order of the Court, reinstate the
mineral tenement to a date that coincides with the initial date of the
cancellation or suspension, or such later date as the Minister considers to be
appropriate in the circumstances.
56X—Surrender on application
(1) A tenement holder may apply to the Minister for an approval to
surrender—
(a) the mineral tenement; or
(b) a part of the area of the mineral tenement.
(2) An application must be—
(a) made in a manner and form determined by the Minister; and
(b) must be accompanied by such information as may be prescribed by the
regulations.
(3) The Minister may, if or when satisfied that it is appropriate to do
so, by instrument registered on the mining register, approve the
surrender.
(4) If a mineral tenement surrendered under this section is a private
mine, the declaration of the relevant area as a private mine made under this Act
will be taken to be revoked.
(5) If a part of the area of a private mine is surrendered under this
section, the declaration of the relevant area as a private mine under this Act
will be taken to be varied to exclude the area to the extent of the
surrender.
Division 9—Extension of term or reinstatement of
tenement
56Y—Extension of term of
tenement
(1) This section applies in relation to—
(a) a mining lease; or
(b) a retention lease; or
(c) a miscellaneous purposes licence.
(2) Without
limiting any other provision, the Minister may at any time extend the term of a
mineral tenement to which this section applies if the Minister
considers—
(a) that the tenement holder to which this section applies has
contravened, or failed to comply with, a provision of this Act; and
(b) that the term of
the tenement should be extended in order to support the requirement that the
tenement holder take action—
(i) to rehabilitate land in accordance with the requirements of a program
under Part 10A; or
(ii) to rehabilitate land to a standard required to secure compliance with
a condition of the mineral tenement; or
(iii) to prevent or address undue damage to the environment,
(including to land outside the area of the mineral tenement).
(3) In connection with
subsection (2)
, the only operations that the tenement holder may undertake during the
period of the extension are operations to give effect to the requirement
referred to in
subsection (2)(b)
.
(4) The Minister
must take reasonable steps to consult with the holder of the relevant mineral
tenement before acting under
subsection (2)
.
(5) If the Minister
acts without the agreement of the tenement holder, the tenement holder may
appeal to the ERD Court in relation to the matter.
(6) The ERD Court
may, on hearing an appeal under
subsection (5)
—
(a) confirm the action taken by the Minister;
(b) impose any term or condition considered appropriate by the
Court;
(c) make any consequential or ancillary order that the Court considers
necessary or expedient.
56Z—Reinstatement of tenement
(1) This section applies in relation to—
(a) if the regulations so provide—an exploration licence;
or
(b) a mining lease; or
(c) a retention lease; or
(d) a miscellaneous purposes licence,
(being a tenement that has expired).
(2) This section sets out a scheme that will allow the Minister to
reinstate a mineral tenement to which this section applies that has expired
under another provision of this Act.
(3) The Minister may
act under this section if the Minister considers—
(a) that the tenement holder to which this section applies has
contravened, or failed to comply with, a provision of this Act; and
(b) that the tenement
should be reinstated in order to support the requirement that the tenement
holder take action—
(i) to rehabilitate land in accordance with the requirements of a program
under Part 10A; or
(ii) to rehabilitate land to a standard required to secure compliance with
a condition of the mineral tenement; or
(iii) to prevent or address undue damage to the environment,
(including to land outside the area of the mineral tenement).
(4) In connection with
subsection (3)
, the only operations that the tenement holder may undertake during the
period of the reinstatement are operations to give effect to the requirement
referred to in
subsection (3)(b)
.
(5) The Minister may act under this section despite the cessation of
authorised operations by the tenement holder on or before the expiration of the
mineral tenement.
(6) If the Minister decides to act under this section—
(a) the mineral tenement will be taken to have been reinstated from the
date on which the tenement expired or from a later date determined by the
Minister; but
(b) any section of this Act prescribed by the regulations will not apply
in relation to the mineral tenement.
(7) The Minister may, in acting under this section, reinstate a mineral
tenement in relation to an area that is smaller than the area of the original
tenement at the time of its expiry.
(8) The term of the mineral tenement, as reinstated under this section,
will be—
(a) a term determined by the Minister; or
(b) a term that expires at some later time on a date to be determined by
the Minister.
(9) The Minister reinstates a mineral tenement under this section by
instrument registered on the mining register.
(10) The Minister must ensure that a notice of the reinstatement of a
mineral tenement under this section is given to the tenement holder and the
owner of the land.
(11) To the extent that the reinstatement of a mineral tenement under this
section does not give rise to a right to mine under the Native Title Act
1993 of the Commonwealth, Part 9B does not apply to the reinstatement of the
mineral tenement under this section.
Division 10—Assessment reports
56ZA—Assessment reports
(1) The Minister
must prepare a report (an assessment report) that sets out or
includes the Minister's assessment in respect of the following:
(a) an application
for a mineral tenement under this Act;
(b) without limiting
paragraph (a)
, the ranking of applications for exploration licences in relation to an
exploration release area;
(c) an application for retention status under section 33B;
(d) an application to amalgamate the areas of 2 or more mineral tenements
under
Division
6
;
(e) an application for a change in operations under
Division 7
;
(f) a decision to cancel, suspend or surrender a mineral tenement under
Division 8
;
(g) a decision to exempt a tenement holder from an obligation to comply
with a term or condition of a mineral tenement, or from a requirement of this
Act;
(h) any other matter prescribed by the regulations.
(2) The Minister must, in preparing a report under this
section—
(a) set out or include information about any submission that was made to
the Minister in connection with a matter referred to in
subsection (1)
; and
(b) set out or include information or material provided by an applicant or
tenement holder in connection with a matter referred to in
subsection (1)
(including any response provided to the Minister in relation to any
submission made to the Minister); and
(c) include any other information or material that the Minister thinks
fit.
(3) The Minister may publish an assessment report in such manner, and to
such extent, as the Minister thinks fit.
(4) No liability attaches to the Minister in connection
with—
(a) a decision by the Minister to include any particular matter,
information or material in an assessment report; or
(b) a decision by the Minister to publish an assessment report.
54—Amendment
of section 57—Entry on land
(1) Section 57—delete "prospect, explore or mine for minerals" and
substitute:
undertake prospecting, exploration, mining for minerals or ancillary
operations
(2) Section 57(a)—delete paragraph (a) and substitute:
(a) may enter any mineral land (except exempt land) for the purpose of
carrying out authorised operations in accordance with this Act; and
(3) Section 57(b)—delete "pegging out" and substitute:
establishing
55—Amendment
of section 58—How entry on land may be authorised
(1) Section 58—delete "mining operator" wherever occurring and
substitute in each case:
tenement holder
(2) Section 58—delete "mining operations" wherever occurring and
substitute in each case:
authorised operations
(3) Section 58—after paragraph (a) insert:
(ab) if the tenement holder has an agreement or order to waive the benefit
of an exemption under section 9AA; or
(ac) if the tenement holder has obtained the written consent of the owner
of the land under section 75;
(4) Section 58(c)(i)—delete "the prescribed notice of entry" and
substitute:
any notice required under section 58A
(5) Section 58, Explanatory note—delete "mining operator's" and
substitute:
tenement holder's
(6) Section 58, Explanatory note—delete "mining tenement" and
substitute:
mineral tenement
56—Substitution
of section 58A
Section 58A—delete the section and substitute:
58A—Notice requirements
(a) intending to prospect for minerals under section 20; or
(b) the holder of an exploration licence or a mineral claim,
must, at least 28 days before first entering land to carry out authorised
operations, serve on the owner of the land notice of intention to enter the land
in accordance with this section.
Maximum penalty: $20 000.
(2) A person who is
intending to commence advanced exploration operations that are not within the
ambit of a notice under
subsection (1)
must, at least 28 days before first commencing those operations, serve on
the owner of the relevant land notice of intention to commence those
operations.
Maximum penalty: $20 000.
(3) A person who is
intending to apply for a mineral lease, retention lease or miscellaneous
purposes licence must serve on the owner of the land to which the application
relates notice of intention to apply for the lease or licence.
(4) A notice under
subsection (3)
—
(a) must inform the owner of the land of the person's intention to enter
the land to carry out authorised operations if the application is granted;
and
(b) is of no effect for the purposes of this section if the person who
served the notice does not apply for the lease or licence within 12 months of
serving the notice on the owner of the land or if the application is
refused.
(5) A notice must be served in accordance with the regulations.
(6) A copy of a notice must be served on the Mining Registrar (for
registration on the mining register) in accordance with the
regulations.
(7) If the land is
subject to a licence under the
Petroleum
and Geothermal Energy Act 2000
, a copy of any notice required under a preceding subsection must also be
served (within the time required under the subsection) on the holder of that
licence.
(8) However, a notice is not required under
subsection (7)
if the holder of the licence under the
Petroleum
and Geothermal Energy Act 2000
has waived the requirement for notice to be given under that
subsection.
(9) If the land is
held under a form of title (other than a licence under the
Petroleum
and Geothermal Energy Act 2000
) that confers a right to exclusive possession of the land or under a
pastoral lease—
(a) the notice must contain a statement of the owner's rights of objection
and compensation under this Act; and
(b) the owner may, within 3 months after service of the notice, lodge a
notice of objection with the appropriate court objecting—
(i) to entry on the land by the person who served the notice; or
(ii) to the use, or the unconditional use, of the land, or a portion of
the land, for authorised operations.
(10) The court must send a copy of a notice of objection received under
subsection (9)
to the person who served the notice.
(11) The court may, if the court thinks fit, postpone the hearing of an
objection to entry on land by a person who has given notice under
subsection (3)
of an intention to apply for a lease or licence until after the
application has been made.
(12) If the court
is satisfied on the hearing of an objection that the conduct of the authorised
operations on the land would be likely to result in substantial hardship or
substantial damage to the land, the court may—
(a) determine that the land, or a particular part of the land, should not
be used for the purposes of the proposed authorised operations; or
(b) determine conditions on which operations may be carried out on the
land with least detriment to the interests of the owner and least damage to the
land.
(13) A person who conducts authorised operations in contravention of a
determination under this section is guilty of an offence.
Maximum penalty: $150 000.
(14) A notice under this section is not required if—
(a) the land to be entered is in a precious stones field; or
(b) the person who would otherwise be required to give such a notice is
authorised to enter the land by agreement with the owner of the land;
or
(c) the person who would otherwise be required to give such a notice is
authorised to enter the land under a native title mining determination;
or
(d) the person who would otherwise be required to give such a notice is
authorised to enter the land under an indigenous land use agreement registered
under the Native Title Act 1993 of the Commonwealth; or
(e) the person who would otherwise be required to give such a notice, or a
related body corporate, has previously given notice under this section as a
prospective applicant under
subsection (3)
or as the holder of an earlier mineral tenement over the land to be
entered (whether or not other land was also subject to the same application or
tenement).
(15) A notice under this section must be in a form determined or approved
by the Minister.
(16) Nothing in this section requires a tenement holder to serve a new
notice if or when there is a change in ownership of land.
Section 59—delete the section
58—Amendment
of section 61—Compensation
(1) Section 61(1)—delete subsection (1) and substitute:
(1) The owner of any land on which authorised operations are carried out
under this Act is entitled to receive compensation for any economic loss,
hardship or inconvenience suffered by the owner in consequence of authorised
operations.
(2) Section 61(2)—delete "mining operations" wherever occurring and
substitute in each case:
authorised operations
(3) Section 61(2a)(a)—delete "licensee" and substitute:
tenement holder
(4) Section 61(3)—delete "mining operator" and substitute:
tenement holder
(5) Section 61(4)—delete "mining operator" and substitute:
tenement holder
(6) Section 61(5)—delete "mining operator" and substitute:
tenement holder
(7) Section 61—after subsection (5a) insert:
(5b) It will be a
condition of a mineral tenement that the Minister may, at any time, require the
tenement holder to pay to any person an amount of compensation, specified by the
Minister, to which the person is, in the opinion of the Minister, entitled on
account of loss or damage suffered by the person as a result of operations
carried out under the tenement.
(5c)
Subsection
(5b)
operates in addition to any other provision made by this or any other
section.
(8) Section 61(6)(a)—delete "mining operations" and
substitute:
authorised operations
(9) Section 61(6)(b)—delete "mining operator" and
substitute:
tenement holder
59—Amendment
of section 62—Bond and security
(1) Section 62(1)—delete "mining tenement, require him" and
substitute:
mineral tenement, require them
(2) Section 62(1)—delete "mining operations" wherever occurring and
substitute in each case:
authorised operations
(3) Section 62—after subsection (2) insert:
(2a) If an applicant for a mineral tenement fails to comply with a
requirement under this section, the Minister may refuse the
application.
(4) Section 62(3)—delete "mining tenement" and substitute:
mineral tenement
(5) Section 62(3)(a)—delete "mining operations" and
substitute:
authorised operations
(6) Section 62(4), (5) and (6)—delete subsections (4), (5) and (6)
and substitute:
(4) The liability to pay an amount under this section is a debt due to the
Crown.
(5) A person must not contravene a prohibition under subsection
(3).
Maximum penalty: $150 000.
(6) If the Minister holds, or is entitled to hold, any money under a bond
entered into by a tenement holder, the Minister may, in the Minister's
discretion, expend any portion of that money—
(a) to compensate any person who has suffered, or is likely to suffer,
financial loss as a result of authorised operations carried out by that tenement
holder or in rehabilitating any land disturbed by any such authorised
operations; or
(b) to satisfy any liability to pay an amount that is due to the Crown
under this Act.
(7) The Minister may, on application under this subsection, (in the
Minister's absolute discretion) agree to the assignment of a liability or
obligation under this section to a third party on terms or conditions determined
by the Minister.
(8) No action lies against the Minister in respect of the expenditure of
money under this section.
After section 62 insert:
62AA—Mining Rehabilitation
Fund
(1) The Minister must establish a fund entitled the Mining Rehabilitation
Fund.
(2) The fund will consist of—
(a) amounts required to be paid under
subsections
(3)
and
(4)
; and
(b) amounts required to be paid into the fund under any other section;
and
(c) amounts required to be paid into the fund under the regulations;
and
(d) amounts required to be paid into the fund under any other Act;
and
(e) any income or accretions produced by the investment of money from the
fund (and the Minister is authorised to invest any amount standing to the credit
of the fund in such manner as the Minister thinks fit).
(3) The Minister
may, after taking into account the matters specified in
subsection (4)
, require a tenement holder (or former tenement holder) to pay an amount
determined by the Minister into the fund—
(a) before the relevant mineral tenement is cancelled, surrendered or
expires under this Act; or
(b) within the prescribed period after the relevant mineral tenement is
cancelled, surrendered or expires under this Act.
(4) The following
matters are specified:
(a) the extent to
which it appears that resources may be required to achieve appropriate
environmental outcomes on the closure of authorised operations on land comprised
in the relevant mineral tenement;
(b) without limiting
paragraph (a)
, the extent and likelihood of action that may be required—
(i) to reinstate, supplement or improve rehabilitation of land that fails
to establish a safe, stable and self-contained environment; and
(ii) to maintain environmental management processes; and
(iii) to take further action to restore the environment because of
environmental damage or impairment resulting from authorised
operations.
(5) The Minister may impose a requirement under this section even if a
mineral tenement has been reinstated under Part 8B Division 9.
(6) The imposition of a requirement under this section does not limit any
other action or requirement that may be taken or arise under any other
section.
(7) The Minister
may impose a requirement under this section by notice served on the relevant
tenement holder (or former tenement holder).
(8) An amount required to be paid into the fund under
subsection (3)
must be paid within a period (of at least 28 days) specified by the
Minister in a notice under
subsection (7)
.
Maximum penalty: $20 000.
(9) The liability to pay an amount under this section is a debt due to the
Crown.
(10) Money standing
to the credit of the fund may be used by the Minister for all or any of the
following purposes:
(a) to fund monitoring and maintenance of any land in relation to which a
requirement under this section has been imposed;
(b) to fund programs, including as to the collection or provision of
information and the carrying out of work, relating to the rehabilitation of any
land in relation to which a requirement under this section has been
imposed;
(c) to achieve any other environmental outcomes that are related to the
ceasing of authorised operations;
(d) to fund other programs, or to achieve other outcomes, prescribed by
the regulations;
(e) to provide for the costs of administering the fund.
(11) For the
purposes of carrying out any operations associated with using money for a
purpose under
subsection (10)
, the Minister or the Director of Mines, or any person authorised in
writing by the Minister or the Director of Mines, may—
(a) enter and remain on any land with such assistants, vehicles and
equipment as may be necessary or expedient for any such purpose; and
(b) carry out tests or any work.
(12) A person who interferes with or obstructs any person in the exercise
of a power under
subsection (11)
is guilty of an offence.
Maximum penalty: $20 000 or imprisonment for 6 months.
61—Amendment
of section 62A—Right to require acquisition of land
(1) Section 62A(1)—delete "mining operator" and
substitute:
tenement holder
(2) Section 62A(2)—delete "mining tenement" wherever occurring and
substitute in each case:
mineral tenement
62—Amendment
of section 63—Extractive Areas Rehabilitation Fund
Section 63(3)—delete "mining operations" wherever occurring and
substitute in each case:
authorised operations
Part 9A—delete the Part
64—Amendment
of section 63F—Qualification of rights conferred by exploration
authority
(1) Section 63F(4)—delete "mining operator's" and
substitute:
tenement holder's
(2) Section 63F(4)—delete "mining operator" and
substitute:
tenement holder
65—Amendment
of section 63K—Types of agreement authorising mining operations on native
title land
(1) Section 63K—delete "mining operator" wherever occurring and
substitute in each case:
tenement holder
(2) Section 63K—delete "mining operators" wherever occurring and
substitute in each case:
tenement holders
66—Amendment
of section 63L—Negotiation of agreements
(1) Section 63L, Explanatory note—delete "two months" and
substitute:
4 months
(2) Section 63L(2)(a)—delete "mining operator" and
substitute:
tenement holder
(3) Section 63L(2)(b)—delete "mining operators" and
substitute:
tenement holders
67—Amendment
of section 63N—What happens when there are no registered native title
parties with whom to negotiate
Section 63N(1)—delete "two months" and substitute:
4 months
68—Amendment
of section 63O—Expedited procedure where impact of operations is
minimal
Section 63O(4)—delete "two months" and substitute:
4 months
69—Amendment
of section 63R—Effect of registered agreement
(1) Section 63R(3)—delete "mining operator" and
substitute:
tenement holder
(2) Section 63R(4)—delete "mining tenement" and
substitute:
mineral tenement
70—Amendment
of section 63S—Application for determination
(1) Section 63S(1)—delete the second sentence and
substitute:
In this subsection, the relevant period is 6 months from when
the negotiations were initiated.
(2) Section 63S(4)—delete the second sentence and
substitute:
In this subsection, the relevant period is 6 months from when
the application is made.
71—Amendment
of section 63V—Effect of determination
Section 63V(5)—delete "mining tenement" and substitute:
mineral tenement
72—Amendment
of section 63ZB—Review of compensation
Section 63ZB(4)(c) —delete "mining operators" and
substitute:
tenement holders
73—Amendment
of section 63ZBA—Mining Native Title Register
Section 63ZBA(7), penalty provision—delete the penalty provision and
substitute:
Maximum penalty: $50 000.
74—Substitution
of heading to Part 10
Heading to Part 10—delete the heading and substitute:
Part 10—Warden's Court—general
provisions
75—Amendment
of section 64—Establishment of Warden's Court
Section 64—after subsection (1) insert:
(1a) The jurisdiction of the Warden's Court will be such jurisdiction as
is—
(a) conferred by or under this or any other Act; or
(b) contemplated by this or any other Act.
76—Amendment
of section 65—Powers etc of Warden's Court
Section 65(1) to (1c)—delete subsections (1) to (1c) (inclusive) and
substitute:
(1) For the purposes of proceedings before the Warden's Court, the Court
has—
(a) the powers and authorities of the Magistrates Court of South Australia
(other than a prescribed power or authority); and
(b) any additional powers or authorities prescribed by the regulations for
the purposes of this subsection.
(1a) A summons may be issued on behalf of the Court by—
(a) a warden; or
(b) any other officer (including an officer of another court) authorised
by the rules of the Court to issue summonses.
77—Amendment
of section 66—Rules of Warden's Court
Section 66(1)—delete "The Governor" and substitute:
The senior warden
78—Amendment
of section 67—Jurisdiction relating to tenements and monetary
claims
(1) Section 67(1)—delete "mining tenement" wherever occurring and
substitute in each case:
mineral tenement
(2) Section 67(1a)—delete "$100 000" and substitute:
$150 000
(3) Section 67(1a)(a)—delete "mining tenement" wherever occurring
and substitute in each case:
mineral tenement
(4) Section 67(1a)(b)—delete "mining operations" and
substitute:
authorised operations
Section 69—delete the section
80—Amendment
of section 70—Forfeiture and transfer of mineral
tenement
(1) Section 70(1) and (2)—delete subsections (1) and (2) and
substitute:
(1) This section applies in relation to—
(a) a mineral claim; or
(b) if the regulations so provide—an exploration licence;
or
(c) a mining lease; or
(d) a retention lease.
(2) Subject to this section, the Warden's Court may, on application under
this section, adjudge that a mineral tenement to which this section applies is
liable to forfeiture and recommend to the Minister that the tenement be
forfeited.
(2a) The regulations may—
(a) provide that an applicant must satisfy any prescribed requirements
before an application may be made under this section; and
(b) provide that an applicant must be able to demonstrate any prescribed
capability or other requirement as part of an application under this section;
and
(c) provide that an application must be supported by any evidence of a
kind prescribed by the regulations; and
(d) provide for limitations on, or exclusions from, an ability to make an
application under this section; and
(e) provide for other matters associated with making an application under
this section.
(2b) A recommendation may not be made by the Warden's Court under this
section unless the Court is satisfied that 1 or more of the following have
occurred in a material respect and that the matter is of sufficient gravity to
justify the forfeiture of the mineral tenement:
(a) a breach of
this Act or any regulation;
(b) without limiting
paragraph (a)
—
(i) a breach of a term or condition of the tenement; or
(ii) a breach of a program under Part 10A;
(c) undue damage to the environment in connection with any authorised
operations carried out under the tenement;
(d) a failure to carry out activities associated with holding the relevant
type of tenement within a reasonable time or to a reasonable extent.
(2) Section 70(3)—delete "lease" wherever occurring and substitute
in each case:
mineral tenement
(3) Section 70—after subsection (3) insert;
(3a) A right to the transfer of a mineral tenement under subsection
(3)—
(a) does not arise in any circumstance prescribed by the regulations;
and
(b) expires at the end of a period prescribed by the
regulations.
(4) Section 70(4)—delete "lease" and substitute:
mineral tenement
(5) Section 70(4a)—delete "lease" and substitute:
mineral tenement
(6) Section 70(5)—delete subsection (5)
81—Amendment
of heading to Part 10A
Heading to Part 10A—delete "Programs" and substitute:
Operating approval—program
82—Amendment
of section 70A—Object of Part
(1) Section 70A(1)—delete "mining tenements" and
substitute:
mineral tenements
(2) Section 70A(1)—before paragraph (a) insert:
(aa) ensure that an operating approval in the form of a program for
environment protection and rehabilitation is in force; and
(3) Section 70A(1)—delete "mining operations" wherever occurring and
substitute in each case:
authorised operations
(4) Section 70A(2)—delete subsection (2)
83—Amendment
of section 70B—Preparation or application of program
(1) Section 70B(1)—delete "The holder of a mining tenement must not
carry out mining operations" and substitute:
A person must not carry out authorised operations
(2) Section 70B(2)(a)—delete paragraph (a) and substitute:
(a) specify the authorised operations that are proposed to be carried out
under this Act; and
(3) Section 70B(2)(b)(i)—delete "mining operations" and
substitute:
authorised operations
(4) Section 70B(2)(b)(i)—delete "holder of the tenement" and
substitute:
tenement holder
(5) Section 70B(2)(b)(ii)—delete subparagraph (ii) and
substitute:
(ii) a statement of the criteria to be adopted to measure those
environmental outcomes, in a form prescribed by the regulations; and
(6) Section 70B(2)(c)—delete "holder of the mining tenement" and
substitute:
tenement holder (and any other person who may be acting on behalf of the
tenement holder)
(7) Section 70B(3)—delete "mining tenements" wherever occurring and
substitute in each case:
mineral tenements
(8) Section 70B(4)—delete subsection (4) and substitute:
(4) A program under subsection (2) or (3) must be submitted to the
Minister for approval.
(4a) An application for the approval of a program must be made in a manner
and form determined by the Minister.
(4b) The Minister may require a person who has submitted a program to
furnish the Minister with any additional information specified by the Minister
(and that information must be furnished within any period specified by the
Minister).
(9) Section 70B(5)(b)—delete paragraph (b) and substitute:
(b) require alterations to the program after consultation with the
tenement holder (or tenement holders) in order to ensure that the program
complies with the requirements of subsection (2) (and to ensure consistency with
the other provisions of this Act); or
(c) reject the program on the basis that the program fails to comply with
the requirements of subsection (2) (and any other relevant provision of this
Act).
(10) Section 70B(6)—delete subsection (6) and substitute:
(6) A tenement holder in relation to whom a decision is made by the
Minister under subsection (5)(b) or (c) may apply to the ERD Court for a review
of the decision within 28 days after receiving notice of the decision or such
longer period as the Minister may allow in a particular case.
(11) Section 70B(7)(a)—delete "requirement" and
substitute:
decision
(12) Section 70B(7)(b)—delete "requirement" and
substitute:
decision
(13) Section 70B—after subsection (7) insert:
(7a) A program approved under this section is subject to—
(a) such conditions as may be prescribed; and
(b) such additional conditions (if any) as the Minister thinks fit and
specifies by notice to the tenement holder (or tenement holders).
(14) Section 70B(8)—delete "mining operations" and
substitute:
authorised operations
(15) Section 70B(9)(b)—delete paragraph (b) and
substitute:
(b) the authorised operations to be carried out under a mineral tenement
fall within the ambit of that program,
(16) Section 70B(9)—delete "the holder of the mining tenement" and
substitute:
the tenement holder (and any other person who may be acting on behalf of
the tenement holder)
(17) Section 70B(10)—delete subsection (10) and
substitute:
(10) Subsection (9) does not apply in relation to authorised operations
carried out under a mineral tenement if the Minister has, by notice to the
tenement holder, determined that the subsection will not apply in the
circumstances of the particular case.
(11) A program may be developed and approved under this section even
though it may relate (wholly or in part) to exempt land (on the basis that the
tenement holder will seek to gain access to the land under a waiver of the
benefit of the exemption).
84—Amendment
of section 70C—Review of programs
(1) Section 70C(1)—delete "holder of the relevant mining tenement"
and substitute:
relevant tenement holder
(2) Section 70C(2) and (3)—delete subsections (2) and (3) and
substitute:
(2) A program must be reviewed—
(a) if the tenement holder is seeking approval under Part 8B Division 7 to
a change in authorised operations that may be carried out under the relevant
mineral tenement and the change is inconsistent with the program; or
(b) if the Minister directs that the program should be reviewed (whether
on the basis of a report provided to the Minister under section 70DA or for some
other reason); or
(c) if a review is required by the regulations.
(3) A review must be conducted—
(a) in accordance with any requirements prescribed by the regulations;
and
(b) taking into account the requirements of section 70B(2) (and so as to
provide consistency with those requirements); and
(c) within a period prescribed by the regulations.
(3) Section 70C(5)(b)—delete "holder of the mining tenement (or
holders of the mining tenements)" and substitute:
tenement holder (or tenement holders)
(4) Section 70C(6)—delete "The holder of a mining tenement" and
substitute:
A tenement holder
(5) Section 70C—after subsection (7) insert:
(8) The Minister may, on approving a revised program under this section,
add, vary or revoke a condition applying in relation to the program.
85—Substitution
of section 70D
Section 70D—delete the section and substitute:
70D—Notice of certain programs
(1) This section applies in relation to a program under this Part
if—
(a) authorised operations that are proposed to be carried out constitute a
controlled action within the meaning of the Environment Protection and
Biodiversity Conservation Act 1999 of the Commonwealth; and
(b) the controlled action is not to be assessed under Part 8 of that Act
but instead assessed under a bilateral agreement in accordance with that
Act.
(2) The Minister
must, before approving or reviewing a program to which this section applies,
publish, in such manner as the Minister thinks fit, a notice—
(a) describing the land to which the program relates; and
(b) specifying a place where the program may be inspected; and
(c) inviting written submissions in relation to the program to the
Minister within a time specified in the invitation.
(a) must give to the person who has submitted the program a copy of any
submission received by the Minister under
subsection (2)
within the relevant period specified by the Minister; and
(b) may require the person to respond to any matter raised in any such
submission within a period specified by the Minister.
(4) A submission
under
subsection (2)
cannot be made on the basis that the submission (or part of the
submission) will be kept confidential and a response under
subsection (3)
cannot be made on the basis that the response (or part of the response)
will be kept confidential.
(5) In determining
whether or not to approve a program under section 70B and, if so, any terms and
conditions to which the program may be subject, the Minister must have regard to
any submissions or response received under
subsection (2)
or
(3)
.
70DA—Audit of program
(1) A tenement
holder must, at the direction of the Minister, do 1 or both of the
following:
(a) carry out specified tests, environmental monitoring or other
investigations (a program audit) relating to any authorised
operations carried out under the relevant mineral tenement;
(b) comply with the
requirements or outcomes of a program audit to the satisfaction of the
Minister.
(2) The Minister
may, in acting under
subsection (1)
, provide directions about 1 or more of the following:
(a) the
independence, qualifications or experience of a person who will carry out a
program audit;
(b) the period within which a program audit must be completed;
(c) the provision of a report or reports to the Minister.
(3) A program audit must be carried out in accordance with any
requirements prescribed by the regulations.
(4) Without limiting
subsection (1)(b)
, the Minister may rely on any information provided in a report under this
section for the purposes of requiring a review of a program under section
70C.
(5) Without limiting
subsection (2)(a)
, the Minister may require that the audit be conducted by a person approved
by the Minister.
(6) Any cost associated with a requirement under this section will be
borne by the tenement holder.
70DB—Publication of program
The Minister may publish a program or part of a program in such manner as
the Minister thinks fit.
70DC—Offences
(1) A tenement holder must not carry out authorised operations under a
mineral tenement if the person is in breach of a requirement under this
Part.
Maximum penalty: $250 000.
(2) A tenement holder must not contravene, or fail to comply with, a
condition of a program under this Part.
Maximum penalty: $250 000.
(3) A tenement holder must not fail to comply with a requirement under
this Part to review a program under this Part.
Maximum penalty: $250 000.
(4) A tenement holder must not fail to comply with a requirement under
this Part relating to—
(a) the conduct of a program audit; or
(b) the action to be taken as a result of a program audit.
Maximum penalty: $250 000.
(5) A person, who in connection with any authorised
operations—
(a) contravenes or fails to comply with a program under this Part that
applies in relation to those operations; or
(b) contravenes or fails to comply with a condition of a program under
this Part that applies in relation to those operations,
is guilty of an offence.
Maximum penalty: $250 000.
86—Substitution
of heading to Part 10B
Heading to Part 10B—delete the heading and substitute:
Part 10B—Compliance and
enforcement
87—Amendment
of section 70E—Power to direct persons to take action to prevent or
minimise environmental harm
(1) Section 70E(1)—delete "mining operations" and
substitute:
authorised operations
(2) Section 70E(2)—delete subsection (2)
(3) Section 70E(3)(d)—delete paragraph (d) and substitute:
(d) a requirement that a person specified or identified in the direction
undertake specified tests or monitoring and, in relation to such a
requirement—
(i) a requirement that the tests or monitoring be carried out by a person
with specified qualifications or experience;
(ii) a requirement that a report or reports be provided to the Minister,
or to any other specified person;
(4) Section 70E(3)—after paragraph (e) insert:
(ea) a requirement that a person specified or identified in the direction
prepare a plan of action (that complies with any specified requirements and to
the satisfaction of the Minister) to prevent or address—
(i) undue damage to the environment; or
(ii) a breach of an environmental outcome under a program under Part 10A;
or
(iii) any other breach of this Act;
(5) Section 70E(7)—delete subsection (7)
(6) Section 70E(8)—delete "mining operations" wherever occurring and
substitute in each case:
authorised operations
(7) Section 70E(8)—delete "mining tenement" and
substitute:
mineral tenement
88—Amendment
of section 70F—Power to direct rehabilitation of land
(1) Section 70F(1)—delete "mining operations" and
substitute:
authorised operations
(2) Section 70F(1)—delete "mining tenement" wherever occurring and
substitute in each case:
mineral tenement
(3) Section 70F(4) and (5)—delete subsections (4) and (5)
(4) Section 70F(6)—after "this section" insert:
a rehabilitation direction may be issued at any time (including after a
mineral tenement has expired or been cancelled or surrendered) and
(5) Section 70F(6)—delete "mining operations" wherever occurring and
substitute in each case:
authorised operations
(6) Section 70F(6)—delete "mining tenement" wherever occurring and
substitute in each case:
mineral tenement
89—Insertion
of sections 70FA, 70FB and 70FC
After section 70F insert:
70FA—Compliance directions
(1) The Minister may issue a direction under this section (a
compliance direction) for the purpose of—
(a) securing compliance with a requirement under this Act, a mineral
tenement (including a term or condition of a mineral tenement) or any
authorisation or direction under or in relation to a mineral tenement;
or
(b) preventing or bringing to an end specified operations that are
contrary to this Act or a mineral tenement (including a term or condition of a
mineral tenement); or
(c) without limiting any other provision, requiring the rehabilitation of
land on account of any authorised operations carried out without an authority
required by this Act.
(2) A compliance direction—
(a) must be in the form of a written notice given to the person to whom
the direction is issued; and
(b) must—
(i) specify the person to whom it is issued (whether by name or by
description sufficient to identify the person); and
(ii) specify the grounds on which it is issued; and
(c) may impose any requirement reasonably required for the purpose for
which the direction is issued including 1 or more of the following:
(i) a requirement that the person discontinue, or not commence, specified
operations indefinitely or for a specified period or until further notice from
the Minister;
(ii) a requirement that the person not carry on specified operations
except at specified times or subject to specified conditions;
(iii) a requirement that the person take specified action within a
specified period.
(3) The Minister may, by written notice given to the person to whom a
compliance direction is issued, vary or revoke the direction.
(4) A person to whom a compliance direction relates must comply with a
direction under this section within the time allowed in the direction.
Maximum penalty: $250 000.
70FB—Emergency directions
(1) If, in the opinion of an authorised officer—
(a) authorised operations are being carried out in a way that results in,
or that is reasonably likely to result in—
(i) undue damage to the environment; or
(ii) a breach of an environmental outcome under a program under Part 10A;
or
(iii) a breach of a term or condition of a mineral tenement; and
(b) it is urgently necessary to take action under this section,
the authorised officer may, by written notice given to any person involved
in undertaking the authorised operations, issue a direction under this section
(an emergency direction).
(a) subject to
subsection (3)
, must be in the form of a written notice given to the person to whom the
direction is issued; and
(b) must specify the grounds on which it is issued; and
(c) may impose any
requirement reasonably required for the purpose for which the direction is
issued including 1 or more of the following:
(i) a requirement that a person specified or identified in the direction
discontinue, or not commence, a specified activity indefinitely or for a
specified period or until further notice from an authorised officer;
(ii) a requirement that a person specified or identified in the direction
take specified action within a specified period;
(iii) a requirement that a person specified or identified in the direction
furnish the Minister or a specified authorised officer with a specified report
or reports.
(3) An authorised
officer may, if of the opinion that urgent action is required under this
section, issue an emergency direction imposing requirements of a kind referred
to in
subsection (2)(c)
orally but, in that event, the authorised officer must confirm it in
writing at the earliest opportunity (and in any event within 2 business days) by
written notice given to the person to whom the direction applies.
(4) An emergency direction issued under this section will cease to have
effect at the expiration of 3 business days after the day on which it is issued
unless the Director of Mines, within that period, confirms the direction in the
manner prescribed by the regulations (and then the direction will continue to
have effect for a period determined by the Director or until revoked by an
authorised officer).
(5) An authorised officer may, with the approval of the Director, by
written notice served on the person to whom an emergency direction has been
issued, vary or revoke the direction.
(6) A person to whom an emergency direction relates must comply with a
direction under this section within the time allowed in the direction.
Maximum penalty: $250 000.
70FC—Contravention of Act
The Minister or an authorised officer may, if of the opinion that it is
reasonably necessary to do so in the circumstances, include in a direction under
this Part a requirement for an act or omission that might otherwise constitute a
contravention of this Act and, in that event, a person incurs no liability to a
penalty under this Act for compliance with the requirement.
90—Amendment
of section 70G—Application for review of direction
(1) Section 70G(1)—delete "an environmental direction or a
rehabilitation direction" and substitute:
a direction under this Part
(2) Section 70G(1)—after "the Minister" insert:
or the Director of Mines
(3) Section 70G(2)—delete subsection (2) and substitute:
(2) Unless the Minister, the Director of Mines or the Court decides to the
contrary, an application for review of a direction does not suspend operation of
the direction.
(4) Section 70G(3)—delete "an environmental direction or a
rehabilitation direction" and substitute:
a direction
91—Amendment
of section 70H—Action if non-compliance occurs
(1) Section 70H(1)—delete "an environmental direction or a
rehabilitation direction" and substitute:
a direction under this Part
(2) Section 70H(1)—after "the Minister" insert:
or the Director of Mines
(3) Section 70H(2)—delete subsection (2) and substitute:
(2) Any action to be taken under subsection (1) may be taken by an
authorised officer or by another person authorised by the Minister or the
Director for the purpose.
(4) Section 70H(3)(a)—after "Minister" insert:
or the Director
(5) Section 70H(4)—delete subsection (4) and substitute:
(4) The reasonable costs and expenses incurred by the Minister or the
Director of Mines taking action under this section constitute a debt due to the
Crown.
92—Insertion
of sections 70HA and 70HB
After section 70H insert:
70HA—Restriction of claims
(1) Without
limiting any other provision of this Act, the Warden's Court may order that no
further claim may be established under this Act by a person named in a direction
under this Part until the requirements of the direction have been
satisfied.
(2) If an order is made under
subsection (1)
, the person named in the order is not entitled to establish a claim under
this Act until the requirements of the direction have been satisfied or the
order has been revoked.
70HB—Self-incrimination
(1) It is not an excuse for a natural person to refuse to provide
information required by or under a direction under this Part on the ground that
to do so might tend to incriminate the person or make the person liable to a
penalty.
(2) However, if compliance with a requirement to provide information might
tend to incriminate the person or make the person liable to a penalty, then the
fact of the provision of the information is not admissible in evidence against
the person in proceedings for an offence or for the imposition of a penalty
(other than proceedings in respect of making a false or misleading
statement).
After Part 10B insert:
Part 10C—Offences and
penalties
70HC—Penalty for illegal
mining
(a) carries out authorised operations without being duly authorised by or
under this Act; or
(b) sells, or disposes of, minerals recovered by the person in the course
of authorised operations, or utilises any such minerals, in a manner that is
contrary to a provision of this Act,
is guilty of an offence.
Maximum penalty: $250 000 or imprisonment for 2 years.
(2)
Subsection (1)
does not apply in relation to prescribed classes of ancillary operations
authorised under another Act.
70HD—Obstruction of person authorised to mine
etc
A person must not, without lawful excuse, obstruct or hinder a tenement
holder in the reasonable exercise of rights conferred under this Act.
Maximum penalty: $150 000.
70HE—Civil penalties
(1) Subject to this section, if the Director of Mines is satisfied that a
person has committed an offence by contravening a provision of this Act, the
Director may, as an alternative to criminal proceedings, recover, by negotiation
or by application to the ERD Court, an amount as a civil penalty in respect of
the contravention.
(2) The Director of Mines may not recover an amount under this section in
respect of a contravention if the relevant offence requires proof of intention
or some other state of mind, and must, in respect of any other contravention,
determine whether to initiate proceedings for an offence or take action under
this section, having regard to the seriousness of the contravention, the
previous record of the offender and any other relevant factors.
(3) The Director of Mines may not make an application to the Court under
this section to recover an amount from a person as a civil penalty in respect of
a contravention—
(a) unless the Director has served on the person a notice in the
prescribed form advising the person that the person may, by written notice to
the Director, elect to be prosecuted for the contravention and the person has
been allowed not less than 21 days after service of the Director's notice to
make such an election; or
(b) if the person serves written notice on the Director, before the making
of such an application, that the person elects to be prosecuted for the
contravention.
(4) The maximum amount that the Director of Mines may recover by
negotiation as a civil penalty in respect of a contravention is—
(a) the amount specified by this Act as the criminal penalty in relation
to that contravention; or
(b) $150 000,
whichever is the lesser.
(5) If, on an application by the Director of Mines, the ERD Court is
satisfied on the balance of probabilities that a person has contravened a
provision of this Act, the Court may order the person to pay to the Director an
amount as a civil penalty (but not exceeding the amount specified by this Act as
the criminal penalty in relation to that contravention).
(6) In determining the amount to be paid by a person as a civil penalty,
the Court must have regard to—
(a) the nature and extent of the contravention; and
(b) any detriment to the public interest resulting from the contravention;
and
(c) any financial saving or other benefit that the person stood to gain by
committing the contravention; and
(d) whether the person has previously been found, in proceedings under
this Act, to have engaged in any similar conduct; and
(e) any other matter it considers relevant.
(7) The jurisdiction conferred by this section is to be part of the civil
jurisdiction of the ERD Court.
(8) If conduct of a person constitutes a contravention of 2 or more
provisions of this Act, an amount may be recovered from the person under this
section in relation to the contravention of any 1 or more of those provisions
(provided that the person is not liable to pay more than 1 amount as a civil
penalty in respect of the same conduct).
(9) Proceedings for
an order under this section that a person pay an amount as a civil penalty in
relation to a contravention of this Act, or for enforcement of such an order,
are stayed if criminal proceedings are started or have already been started
against the person for an offence constituted by conduct that is substantially
the same as the conduct alleged to constitute the contravention.
(10) Proceedings referred to in
subsection (9)
may only be resumed if the criminal proceedings do not result in a formal
finding of guilt being made against the person.
(11) Evidence of
information given or evidence of the production of documents by a person is not
admissible in criminal proceedings against the person if—
(a) the person gave the evidence or produced the documents in the course
of negotiations or proceedings under this section for the recovery of an amount
as a civil penalty in relation to a contravention of this Act; and
(b) the conduct alleged to constitute the offence is substantially the
same as the conduct that was alleged to constitute the contravention.
(12) However,
subsection (11)
does not apply to criminal proceedings in respect of the making of a false
or misleading statement.
(13) Proceedings for an order under this section may be commenced at any
time within 3 years after the date of the alleged contravention or, with the
authorisation of the Attorney-General, at any later time within 10 years after
the date of the alleged contravention.
(14) An apparently genuine document purporting to be signed by the
Attorney-General authorising the commencement of proceedings for an order under
this section will be accepted in any legal proceedings, in the absence of proof
to the contrary, as proof of the authorisation.
(15) The Court may, in any proceedings under this section, make such
orders in relation to the costs of the proceedings as it thinks just and
reasonable.
(16) An amount recovered as a civil penalty under this section will be
paid into the Mining Rehabilitation Fund.
70HF—Additional orders on
conviction
(1) If a person is
convicted of an offence against this Act, the court by which the conviction is
recorded may, in addition to any penalty that it may impose, and to any other
order that may be made under this or any other Act, make 1 or more of the
following orders:
(a) an order
requiring the person to take any specified action (including an order to rectify
the consequences of any contravention of this Act, or to ensure that a further
contravention does not occur);
(b) without limiting
paragraph (a)
—an order requiring the person to make good any environmental damage
and, if appropriate, to take specified action to prevent or mitigate further
harm to the environment;
(c) an order requiring the person to publicise the contravention of this
Act and any environmental or other consequences, and the other orders (if any)
made against the person;
(d) an order
requiring the person to pay into the Mining Rehabilitation Fund an amount
determined by the court to be equal to a fair assessment or estimate of the
financial benefit that the person, or a related body corporate, has gained, or
can reasonably be expected to gain, as a result of the contravention of this
Act;
(e) an order requiring the person to pay to any person who has suffered
loss or damage to property as a result of the acts or omissions constituting the
offence, or incurred costs or expenses in taking action to prevent or mitigate
such loss or damage, compensation for that loss or damage and reasonable
reimbursement for those costs or expenses.
(2) For the purposes of
subsection (1)(d)
, a financial benefit obtained by delaying or avoiding costs will be taken
to be a financial benefit gained as a result of a contravention of the Act if
the contravention can be attributed (in whole or in part) to that delay or
avoidance.
(3) The court may, by an order under this section, fix a period for
compliance and impose other requirements the court considers necessary or
expedient for the enforcement of the order.
70HG—Continuing offences
(1) A person convicted of an offence against a provision of this Act in
respect of a continuing act or omission—
(a) is liable, subject to any determination of a court, in addition to the
penalty otherwise applicable to the offence, to a penalty for each day during
which the act or omission continued for not more than one-tenth of the maximum
penalty prescribed for that offence; and
(b) is, if the act of omission continues after the conviction, subject to
any determination of a court, guilty of a further offence against the provision
and liable, in addition to the penalty otherwise applicable to the further
offence, to a penalty for each day during which the act or omission continued
after the conviction of not more than one-tenth of the maximum penalty
prescribed for the offence.
(2) If an offence consists of an omission to do something that is required
to be done, the omission will be taken to continue for as long as the thing
required to be done remains undone after the end of the period for compliance
with the requirement.
70HH—Offences by bodies
corporate
If a body corporate is guilty of an offence against this Act, each director
of the body corporate is guilty of an offence and liable to the same penalty as
is prescribed for the principal offence if the prosecution proves
that—
(a) the director knew, or ought reasonably to have known, that there was a
significant risk that such an offence would be committed; and
(b) the director was in a position to influence the conduct of the body
corporate in relation to the commission of such an offence; and
(c) the director failed to exercise due diligence to prevent the
commission of the offence.
70HI—Time limits
(1) Criminal proceedings under this Act may be commenced at any time
within 3 years after the date of the alleged offence or, with the authorisation
of the Attorney-General, at any later time within 10 years after the
alleged offence.
(2) An apparently genuine document purporting to be signed by the
Attorney-General authorising the commencement of criminal proceedings under this
Act will be accepted in any legal proceedings, in the absence of proof to the
contrary, as proof of the authorisation.
70HJ—Summary offences
All offences under this Act are classified as summary offences.
70HK—Evidentiary provisions
(1) In proceedings for an offence against this Act, an apparently genuine
document purporting to be a certificate signed by the Minister
certifying—
(a) that a person named in the certificate was or was not at a specified
time a tenement holder; or
(b) that a specified provision was a term or condition of a specified
mineral tenement at a specified time; or
(c) that a specified provision was a requirement or condition of a program
under Part 10A; or
(d) that a specified determination, direction, decision, order or
requirement was made or given on a specified day; or
(e) that at a specified time the Minister, the Director of Mines or the
Mining Registrar gave notice of any specified matter under or in connection with
the operation of this Act; or
(f) that at a specified time the Minister, the Director of Mines or the
Mining Registrar had not received any notice, instrument or other document, or
had not received any information of a specified kind; or
(g) that at a specified time a specified person was an authorised officer
under this Act; or
(h) that a particular delegation was in force under this Act at a
specified time,
is, in the absence of proof to the contrary, proof of the matter so
certified.
(2) In any proceedings for an offence against this Act, an allegation in
the complaint that any land referred to in the complaint is mineral land, or
land exempt from operations under this Act, will be taken to be proved in the
absence of evidence to the contrary.
(3) In any proceedings for an offence against this Act, a document
purporting to be a lease or licence under this Act will be accepted as such in
the absence of evidence to the contrary.
(4) If in any proceedings for an offence against this Act in relation to
any operations it is proved that there has been a contravention of, or a failure
to comply with—
(a) a term or condition of a mineral tenement; or
(b) a requirement or condition of a program under Part 10A applying in
respect of a mineral tenement,
it must be presumed, in the absence of evidence to the contrary, that the
contravention or failure (as the case requires) occurred as a result of an act
or omission of the tenement holder.
(5) In any proceedings for an offence against this Act, if it appears that
an alleged fact has been determined by the use of an electronic, sonic, optical,
mechanical, measuring or other device or technique by an authorised officer or a
person assisting an authorised officer, the alleged fact must be accepted as
proved in the absence of evidence to the contrary.
94—Amendment
of section 71—Minister may assist in conduct of
operations
Section 71(1)—delete "mining operations" wherever occurring and
substitute in each case:
authorised operations
95—Amendment
of section 72—Research and investigations
Section 72(a)(ii)—delete "mining operations" and
substitute:
authorised operations
Part 11A—delete the Part
97—Amendment
of section 73C—Interpretation
(1) Section 73C(1)—after the definition of compliance
order insert:
emergency order—see section 73KA;
(2) Section 73C(1), definition of environment—delete
the definition and substitute:
environment includes—
(a) land, air, water (including both surface and underground water and sea
water), organisms, ecosystems, native fauna and other features or elements of
the natural environment; and
(b) buildings, structures and other forms of infrastructure, and cultural
artefacts; and
(c) public health, safety or amenity;
(3) Section 73C(1), definition of private mine—delete
the definition
98—Amendment
of section 73D—Application of Act
(1) Section 73D(1)—delete "the operator of a private mine" and
substitute:
a person carrying out operations in relation to a private mine
(2) Section 73D(2)—delete "mining tenement" and
substitute:
mineral tenement
(3) Section 73D—after subsection (2) insert:
(3) Without limiting any other provision that makes explicit application
as envisaged by subsection (1), the following provisions apply to or in relation
to a private mine or a person carrying out operations in relation to a private
mine:
(a) section 6 (subject to the operation of section 6(6) and
(7));
(b) sections 7, 8, 8A, 9A and 10;
(c) Part 2;
(d) Part 2A;
(e) Part 3;
(f) section 56P
(g) section 56X;
(h) section 63;
(i) Part 10, other than section 70;
(j) Part 10C, other than section 70HG;
(k) sections 72 and 73;
(l) sections 74 and 74AA;
(m) sections 75A and 79;
(n) sections 83A and 85;
(o) sections 88 to 92 (inclusive);
(p) any other provision specified by the regulations.
99—Repeal
of sections 73E, 73EA and 73F
Sections 73E, 73EA and 73F—delete the sections
100—Amendment
of section 73G—Mine operations plans
Section 73G—after subsection (12) insert:
(12a) The Minister may publish a mine operations plan in such manner, and
to such extent, as the Minister thinks fit.
101—Amendment
of section 73H—General duty to avoid undue environmental
damage
Section 73H(3)—delete subsection (3)
102—Amendment
of section 73I—Compliance orders
Section 73I(4), penalty provision—delete "$120 000" and
substitute:
$250 000
103—Amendment
of section 73J—Rectification orders
Section 73J(4), penalty provision—delete "$120 000" and
substitute:
$250 000
104—Insertion
of sections 73KA and 73KB
After section 73K insert:
73KA—Emergency order
(1) If, in the opinion of an authorised officer—
(a) mining operations are being carried out in a way that results in, or
that is reasonably likely to result in—
(i) a breach of an objective under a mine operations plan; or
(ii) undue damage to the environment; and
(b) it is urgently necessary to take action under this section,
the authorised officer may, by written notice given to any person involved
in undertaking the mining operations, issue an order under this section (an
emergency order).
(a) subject to
subsection (3)
, must be in the form of a written notice given to the person to whom the
order is issued; and
(b) must specify the grounds on which it is issued; and
(c) may impose any
requirement reasonably required for the purpose for which the order is issued
including 1 or more of the following:
(i) a requirement that a person specified or identified in the order
discontinue, or not commence, a specified activity indefinitely or for a
specified period or until further notice from an authorised officer;
(ii) a requirement that a person specified or identified in the order take
specified action within a specified period;
(iii) a requirement that a person specified or identified in the order
furnish the Minister or a specified authorised officer with a specified report
or reports.
(3) An authorised
officer may, if of the opinion that urgent action is required under this
section, issue an emergency order imposing requirements of a kind referred to in
subsection (2)(c)
orally but, in that event, the authorised officer must confirm it in
writing at the earliest opportunity (and in any event within 2 business days) by
written notice given to the person to whom the order applies.
(4) An emergency order issued under this section will cease to have effect
at the expiration of 3 business days after the day on which it is issued unless
the Director of Mines, within that period, confirms the order in the manner
prescribed by the regulations (and then the order will continue to have effect
for a period determined by the Director or until revoked by an authorised
officer).
(5) An authorised officer may, with the approval of the Director, by
written notice served on the person to whom an emergency order has been issued,
vary or revoke the order.
(6) A person to whom an emergency order relates must comply with an order
under this section within the time allowed in the order.
Maximum penalty: $250 000.
73KB—Contravention of Act
The Minister or an authorised officer may, if of the opinion that it is
reasonably necessary to do so in the circumstances, include in an order under
this Part a requirement for an act or omission that might otherwise constitute a
contravention of this Act and, in that event, a person incurs no liability to a
penalty under this Act for compliance with the requirement.
105—Amendment
of section 73L—Application for review of direction
Section 73L(1)—delete "or a rectification order" and
substitute:
, a rectification order or an emergency order
106—Substitution
of sections 73M to 73Q
Sections 73M to 73Q (inclusive)—delete the sections and
substitute:
73M—Action if non-compliance
occurs
(1) If the
requirements of an order under this Part are not complied with, the Minister or
the Director may take the action required by the order.
(2) Any action to
be taken under
subsection (1)
may be taken by an authorised officer or by another person authorised by
the Minister or the Director for the purpose.
(3) If a person other than an authorised officer is authorised to take
action under
subsection (2)
, the following provisions apply:
(a) the Minister or the Director must issue the person with an instrument
of authority;
(b) the person must produce the instrument of authority for the inspection
of any person in relation to whom the person intends to exercise powers under
this section.
(4) The reasonable costs and expenses incurred by the Minister or the
Director taking action under this section constitute a debt due to the
Crown.
73N—Revocation of private mine
(1) The Governor
may, by proclamation, vary or revoke the declaration of an area as a private
mine under this Act.
(2) A proclamation
may only be made under
subsection (1)
on the recommendation of the Minister.
(3) The Minister must not make a recommendation under
subsection (2)
unless—
(a) the Minister has served on the proprietor of the private mine a notice
under this subsection indicating that it is considered that a declaration of a
specified area as a private mine should be varied or revoked on the basis of the
designated criteria set out in
subsection (4)
; and
(b) the Minister
has provided the proprietor of the private mine an opportunity to make written
submissions in relation to the matter within a period specified by the Minister
in the notice; and
(c) the Minister is satisfied, after taking into account—
(i) any submission under
paragraph (b)
; and
(ii) the designated criteria set out in
subsection (4)
; and
(iii) such other matters as the Minister thinks fit,
that such a recommendation is appropriate.
(4) The designated
criteria are as follows:
(a) that—
(i) the whole or any part of the private mine is not being effectively
operated; or
(ii) it is no longer possible to carry out operations on the whole or any
part of the private mine;
(b) that the area that is relevant for the purposes of a proclamation
under this section has been rehabilitated to an appropriate extent and
standard.
73O—Evidentiary provisions
(1) In proceedings for an offence against this Part, an apparently genuine
document purporting to be a certificate signed by the Minister certifying that a
specified provision was a requirement or condition of a mine operations plan
under section 73G is, in the absence of proof to the contrary, proof of the
matter so certified.
(2) If in any proceedings for an offence against this Part in relation to
any operations it is proved that there has been a contravention of, or a failure
to comply with a requirement or condition of a mine operations plan under
section 73G, it must be presumed, in the absence of evidence to the contrary,
that the contravention or failure (as the case requires) occurred as a result of
an act or omission of the person carrying out, or intending to carry out, mining
operations in relation to the private mine.
107—Substitution
of sections 74 and 74AA
Sections 74 and 74AA—delete the sections and substitute:
74—Civil remedies
(1) Applications
may be made to the ERD Court for 1 or more of the following orders:
(a) if a person has engaged, is engaging or is proposing to engage in
conduct in contravention of this Act—an order restraining the person from
engaging in the conduct and, if the Court considers it appropriate to do so,
requiring the person to take any specified action;
(b) if a person has refused or failed, is refusing or failing or is
proposing to refuse or fail to take any action required by this Act—an
order requiring the person to take that action;
(c) if a person has suffered injury or loss or damage to property as a
result of a contravention of this Act, or incurred costs and expenses in taking
action to prevent or mitigate such injury, loss or damage—an order against
the person who committed the contravention for payment of compensation for the
injury, loss or damage, or for payment of the reasonable costs and expenses
incurred in taking that action;
(d) if the Court considers it appropriate to do so, an order against a
person who has contravened this Act for payment (for the credit of the Mining
Rehabilitation Fund) of an amount in the nature of exemplary damages determined
by the Court.
(2) An application
under this section may be made by the Minister or the Director.
(3) The power of the Court to make an order restraining a person from
engaging in conduct of a particular kind may be exercised—
(a) if the Court is satisfied that the person has engaged in conduct of
that kind—whether or not it appears to the Court that the person intends
to engage again, or to continue to engage, in conduct of that kind; or
(b) if it appears to the Court that, in the event that an order is not
made, it is likely that the person will engage in conduct of that
kind—whether or not the person has previously engaged in conduct of that
kind and whether or not there is an imminent danger of substantial harm or
damage if the person engages in conduct of that kind.
(4) The power of the Court to make an order requiring a person to take
specified action may be exercised—
(a) if the Court is satisfied that the person has refused or failed to
take that action—whether or not it appears to the Court that the person
intends to refuse or fail again, or to continue to refuse or fail, to take that
action; or
(b) if it appears to the Court that, in the event that an order is not
made, it is likely that the person will refuse or fail to take that
action—whether or not the person has previously refused or failed to take
that action and whether or not there is an imminent danger of substantial harm
or damage if the person refuses or fails to take that action.
(5) In assessing an amount to be ordered in the nature of exemplary
damages, the Court must have regard to—
(a) any undue damage to the environment or detriment to the public
interest resulting from the contravention; and
(b) any financial saving or other benefit that the respondent stood to
gain by committing the contravention; and
(c) any other matter it considers relevant.
(6) The power to order payment of an amount in the nature of exemplary
damages may only be exercised by a judge of the Court.
(7) An application may be made without notice to any person and, if the
Court is satisfied on the application that the respondent has a case to answer,
it may grant permission to the applicant to serve a summons requiring the
respondent to appear before the Court to show cause why an order should not be
made under this section.
(8) An application under this section must, in the first instance, be
referred to a conference under section 16 of the
Environment,
Resources and Development Court Act 1993
(and the provisions of that Act will then apply in relation to the
application).
(9) If, on an application under this section or before the determination
of the proceedings commenced by the application, the Court is satisfied that, in
order to preserve the rights or interests of parties to the proceedings or for
any other reason, it is desirable to make an interim order under this section,
the Court may make such an order.
(10) An interim order—
(a) may be made on an application without notice to any person;
and
(b) may be made whether or not the proceedings have been referred to a
conference; and
(c) will be made subject to such conditions as the Court thinks fit;
and
(d) will not operate after the proceedings in which it is made are finally
determined.
(11) The Court may order an applicant in proceedings under this
section—
(a) to provide security for the payment of costs that may be awarded
against the applicant if the application is subsequently dismissed; or
(b) to give an undertaking as to the payment of any amount that may be
awarded against the applicant under
subsection (12)
.
(12) If, on an
application under this section alleging a contravention of this Act, the Court
is satisfied—
(a) that the respondent has not contravened this Act; and
(b) that the respondent has suffered loss or damage as a result of the
actions of the applicant; and
(c) that in the circumstances it is appropriate to make an order under
this provision,
the Court may, on the application of the respondent (and in addition to any
order as to costs), require the applicant to pay to the respondent an amount,
determined by the Court, to compensate the respondent for the loss or damage
suffered by the respondent.
(13) The Court may, if it considers it appropriate to do so, either on its
own initiative or on the application of a party, vary or revoke an order
previously made under this section.
(14) Proceedings under this section based on a contravention of this Act
may be commenced at any time within 3 years after the date of the alleged
contravention or, with the authorisation of the Attorney-General, at any later
time.
(15) An apparently genuine document purporting to be signed by the
Attorney-General authorising the commencement of proceedings under this section
will be accepted in any legal proceedings, in the absence of proof to the
contrary, as proof of the authorisation.
(16) The Court may,
in any proceedings under this section, make such orders in relation to the costs
of the proceedings as it thinks just and reasonable.
74AA—Enforceable voluntary
undertakings
(1) The Minister may accept (by written notice) a written undertaking
given by a person in connection with a matter relating to a contravention or
alleged contravention by the person of this Act.
(2) The giving of an undertaking does not constitute an admission of guilt
by the person giving the undertaking in respect of the contravention or alleged
contravention to which the undertaking relates.
(3) A person must not contravene an undertaking made by the person that is
in effect.
Maximum penalty: $50 000.
(4) If the Minister considers that a person has contravened an undertaking
accepted by the Minister, the Minister may apply to the ERD Court for
enforcement of the undertaking.
(5) If the ERD
Court is satisfied that the person has contravened the undertaking, the Court,
in addition to the imposition of any penalty, may make any of the following
orders:
(a) an order that the person must comply with the undertaking or take
specified action to comply with the undertaking;
(b) an order discharging the undertaking;
(c) an order directing the person to pay to the Minister—
(i) the costs of the proceedings; and
(ii) the reasonable costs of the Minister in monitoring compliance with
the undertaking in the future;
(d) any other order that the Court considers appropriate in the
circumstances.
(6) A person who has made an undertaking may, at any time, with the
written agreement of the Minister—
(a) vary the undertaking; or
(b) withdraw the undertaking.
(7) Subject to this section, no proceedings for a contravention or alleged
contravention of this Act may be brought against a person if an undertaking is
in effect in relation to that contravention.
(8) No proceedings for a contravention or alleged contravention of this
Act may be brought against a person who has made an undertaking under this
section in relation to that contravention and who has completely discharged the
undertaking.
(9) The Minister may accept an undertaking in relation to a contravention
or alleged contravention before proceedings in respect of that contravention
have been finalised.
(10) If the Minister accepts an undertaking before the proceedings are
finalised, the Minister must take all reasonable steps to have the proceedings
discontinued as soon as possible.
108—Amendment
of section 74A—Compliance orders
Section 74A(1)—delete "mining operations" and substitute:
authorised operations
109—Amendment
of section 75—Provision relating to certain minerals
(1) Section 75(1)—delete "No claim" and substitute:
Subject to subsection (1a), no claim
(2) Section 75—after subsection (1) insert:
(1a) Subsection (1) does not apply in relation to a claim or a lease in
respect of extractive minerals on land described in that subsection if the terms
of the mineral tenement specifically authorise (or will specifically authorise)
the holder of the tenement to recover and use the extractive minerals on account
of being extractive minerals produced during the course of carrying out
authorised operations under the tenement.
(1b) Consent given by an owner of land under subsection (1) is binding on
all subsequent owners of the land.
(3) Section 75(2)—delete subsection (2) and substitute:
(2) Subject to
subsection (3)
, the owner of land does not require a mineral tenement under this Act for
the recovery of extractive minerals from the land for the owner's personal use
or, if the owner is a body corporate, disposal of the minerals to a related body
corporate for the related body corporate's personal use.
(3)
Subsection
(2)
does not apply in relation to authorised operations for the recovery of
extractive minerals if—
(a) the Minister
has determined that the operations should be the subject of a mineral tenement
under this Act (and subject to the other provisions of this
Act)—
(i) after taking into account the nature or scale of the operations;
or
(ii) because the Minister believes that action has been taken to attempt
to avoid the requirements of this Act through the establishment of particular
ownership arrangements; or
(iii) on any other ground determined by the Minister to be a reasonable
basis on which to act under this subsection; and
(b) the Minister
has, on the basis of the Minister's determination under
paragraph (a)
, required the owner of the land to apply for a mineral tenement within a
period (of at least 3 months) specified by the Minister; and
(c) 1 of the following has occurred:
(i) a mineral tenement has been granted in relation to the authorised
operations;
(ii) the period specified by the Minister under
paragraph (b)
has expired without the owner of the land making the application envisaged
by that paragraph;
(iii) an application for a mineral tenement made by the owner of the land
to the Minister within the period specified by the Minister under
paragraph (b)
has been rejected by the Minister.
(4) In
subsection (2)
, personal use of minerals does not include use of the
minerals by a council.
110—Amendment
of section 75A—Avoidance of double compensation
(1) Section 75A—after "a body or person under" insert:
a provision of
(2) Section 75A—delete "under other laws" and substitute:
, whether under another provision of this Act or under any other
law
111—Repeal
of sections 76 to 77D
Sections 76 to 77D (inclusive)—delete the sections
112—Amendment
of section 78—Persons under 16 years of age
(1) Section 78(1)—delete "mining tenement" and substitute:
mineral tenement
(2) Section 78(2)—delete "mining tenement" and substitute:
mineral tenement
113—Amendment
of section 79—Minister may grant exemptions
(1) Section 79(1)—delete "him in so doing, he" and
substitute:
so doing, the Minister
(2) Section 79(1)(a)—after "comply with a" insert:
term or
(3) Section 79(1)(b)—delete "mining tenement" and
substitute:
mineral tenement
114—Substitution
of section 79A
Section 79A—delete the section and substitute:
79A—False or misleading
information
A person who furnishes information to the Minister, the Director, the
Mining Registrar or any other person involved in the administration of this Act
that is false or misleading in a material particular is guilty of an
offence.
Maximum penalty: $150 000.
115—Amendment
of section 80—Conditions under which land may be simultaneously subject to
more than 1 tenement
(1) Section 80(1)—delete "mining tenement" and substitute:
mineral tenement
(2) Section 80(1a)—delete subsection (1a)
(3) Section 80(1d), penalty provision—delete "$5 000" and
substitute:
$20 000
(4) Section 80(2)—delete "mining tenement" wherever occurring and
substitute in each case:
mineral tenement
(5) Section 80(2)—delete "pegged out" and substitute:
established
(6) Section 80—after subsection (2) insert:
(2a) Where a mineral tenement and a further claim under subsection (2)
would be held—
(a) by 1 person; or
(b) by related bodies corporate,
a consent under that subsection is not effective unless it is given with
the approval of the Minister.
(7) Section 80(3)—delete "pegging" and substitute:
establishing
(8) Section 80(4)—delete subsection (4) and substitute:
(4) The Warden's Court may, on the application of a tenement holder, make
an order to regulate, restrict or prohibit authorised operations where 2 or more
tenements include the same land.
(9) Section 80(5)—after subsection (5) insert:
(6) The Minister must not grant a mineral tenement in relation to land
which already has another mineral tenement over a different stratum unless or
until the Minister is satisfied that the applicant is a party to an agreement
that provides for access to each tenement.
116—Substitution
of sections 81, 82 and 83
Sections 81, 82 and 83—delete the sections and substitute:
81—Additional provisions relating to
liability
(1) If there are 2 or more persons who are tenement holders in relation to
the same mineral tenement, each tenement holder is jointly and severally liable
for compliance with any requirement under this Act that applies in respect of
the tenement.
(2) For the purposes of this Act, an act or omission of an employee or
agent will be taken to be the act or omission of the employer or principal
unless it is proved that the act or omission did not occur in the course of
employment or agency.
82—Deemed consent or agreement
(a) a matter arising under this Act in relation to a mineral tenement (or
proposed mineral tenement) requires the consent or agreement of an owner of
land; and
(b) the owner of the land and the tenement holder (or the applicant for a
proposed mineral tenement) are the same person,
it will be taken that the consent or agreement has been provided by the
owner of the land (and, if relevant, it will be taken that the consent or
agreement has been provided in writing).
(2) A consent or agreement taken to be provided under
subsection (1)
is binding on all subsequent owners of the land.
(3) This section does not apply—
(a) in a case where section 80(2a) applies; or
(b) in any circumstance prescribed by the regulations.
117—Repeal
of sections 84 and 84A
Sections 84 and 84A—delete the sections
118—Substitution
of sections 85 and 86
Sections 85 and 86—delete the sections and substitute:
85—Charge on property if debt due to
Crown
(1) This section applies to property (other than real property) if the
owner of the property is liable to pay a debt due to the Crown under this
Act.
(2) A charge on the
property to secure payment of the debt to the Crown is created by force of this
section.
(3) A charge created on property under
subsection (2)
—
(a) has priority over any other interest in the property (including a
security interest within the meaning of the Personal Property Securities Act
2009 of the Commonwealth); and
(b) has priority over all other encumbrances; and
(c) is not affected by a change in ownership of the property.
(4) Section 73(2) of the Personal Property Securities Act 2009
of the Commonwealth applies to the charge.
(5) The charge remains in force until the debt is paid in full or
otherwise discharged.
86—Removal of machinery etc
(1) The owner of any machinery or goods on land—
(a) that is within a mineral tenement that has been transferred;
or
(b) that has ceased to be subject to a mineral tenement,
may, at any time within the period of 3 months after the date of the
transfer or the date on which the land ceased to be subject to the tenement (as
the case may be), enter the land and remove the machinery or goods from the
land.
(2) The Minister
may cause any machinery or goods that have been abandoned on land that has been
subject to a mineral tenement (whether or not a new tenement has been granted
over the land) to be seized.
(3) Any machinery
or goods seized under
subsection (2)
are forfeited to the Crown and may be sold by the Minister.
(4) Any proceeds from a sale under
subsection (3)
will be paid to the Treasurer.
(5) The Treasurer
may, on application under this subsection, pay an amount equal to the proceeds
of a sale under
subsection (3)
to the person who abandoned the relevant machinery or goods, after
deduction of an amount determined by the Treasurer to be reasonable costs
associated with seizing, holding, maintaining, repairing, cleaning or selling
the machinery or goods.
(6) An application under
subsection (5)
must be made within 2 years from the date of sale (and after the
expiration of that period no further claim may be made in relation to the
machinery or goods).
119—Substitution
of sections 88 and 89
Sections 88 and 89—delete the sections and substitute:
88—Hindering authorised
officers
A person who, without reasonable excuse, hinders or obstructs an authorised
officer or other person engaged in the administration or enforcement of this Act
is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 6 months.
After section 89A insert:
89B—Penalties and expiation fees payable into
Mining Rehabilitation Fund
The following are payable into the Mining Rehabilitation Fund:
(a) penalties payable in respect of offences against this Act;
(b) expiation fees paid under this Act.
121—Substitution
of section 90
Section 90—delete the section and substitute:
90—Reports and verification of
information
(1) A tenement
holder must, at the request of the Minister, provide a report setting out or
accompanied by any information or material that is relevant to—
(a) the operation
or administration of any provision of this Act (insofar as is relevant to any
operations carried out (or to be carried out) by the tenement holder under the
tenement); or
(b) without limiting
paragraph (a)
—
(i) an assessment of the tenement holder's capability to comply with the
requirements of this Act; or
(ii) the identification, delineation or accuracy of any boundary of a
mineral tenement.
(2) A tenement
holder must, at the request of the Minister, provide a report verifying any
information or material provided to the Minister or the Director under this
Act.
(3) A report under
subsection (1)
or
(2)
, and any information or material required under this section, must, if the
Minister so requires, be verified by an independent person with qualifications,
and in a manner, specified by the Minister.
(4) A report must be provided to the Minister within a period specified by
the Minister.
(5) Any cost associated with a requirement under this section will be
borne by the tenement holder.
(6) A tenement holder must not fail to comply with a requirement under
this section within the period specified by the Minister.
Maximum penalty: $20 000.
(7) If a
requirement under this section is not complied with, the Minister may take
action to obtain the relevant information or material, or to obtain the
verification, so required.
(8) The reasonable costs and expenses incurred by the Minister taking
action under
subsection (7)
constitute a debt due to the Crown.
122—Amendment
of section 91—Administrative penalties
(1) Section 91(2)—delete "mining tenement" and substitute:
mineral tenement
(2) Section 91(2)—delete "the Minister" and substitute:
the Director of Mines
(3) Section 91(2)—After "on the person" insert:
(and the Director may act under this subsection without prior consultation
with the person and without the need to give a warning or any prior notice in
relation to the matter)
(4) Section 91(3)—delete "$10 000) fixed" and substitute:
$15 000) prescribed
(5) Section 91—after subsection (4) insert:
(4a) An amount recovered as an administrative penalty under this section
will be paid into the Mining Rehabilitation Fund.
Section 91A—delete the section
124—Amendment
of section 92—Regulations
(1) Section 92—delete "mining tenement" wherever occurring and
substitute in each case:
mineral tenement
(2) Section 92—delete "mining tenements" wherever occurring and
substitute in each case:
mineral tenements
(3) Section 92—delete "mining operations" wherever occurring and
substitute in each case:
authorised operations
(4) Section 92(1)—delete "he" and substitute:
the Governor
(5) Section 92(1)(f)—delete "of men" and substitute:
of people
(6) Section 92(1)(g)—delete paragraph (g)
(7) Section 92(1)—after paragraph (na) insert:
(nb) provide for the service of any notice, direction, order or other
document under this Act; and
(8) Section 92(1)(q)—delete "$10 000" and substitute:
$20 000
(9) Section 92(1)—after paragraph (q) insert:
and
(r) prescribe an expiation fee, not exceeding $7 500, in respect of any
offence against this Act or the regulations.
(10) Section 92(2)(b)—delete "the holders of mining tenements" and
substitute:
tenement holders
(11) Section 92—after subsection (7) insert:
(8) The Governor
may, by regulation, make provisions of a saving or transitional nature
consequent on the amendment of this Act by another Act.
(9) A provision made by a regulation under
subsection (8)
may be in addition to any provision of a saving or transitional nature
made by the Act that makes the amendment.
(10) A provision
made by a regulation under
subsection (8)
may, if the regulations so provide, take effect from the commencement of
the amendment or from a later day.
(11) To the extent to which a provision takes effect under
subsection (10)
from a day earlier than the day of the publication of the regulation in
the Gazette, the provision does not operate to the disadvantage of a person
by—
(a) decreasing the person's rights; or
(b) imposing liabilities on the person.
(12) The Governor may make regulations for the purposes of clause 8
Schedule 1 of the
Statutes
Amendment (Mineral Resources) Act 2018
(including any regulation that could have been made under a repealed
section of this Act as in force immediately before its repeal).
Schedule, clause 1—delete clause 1
When all provisions of this Act that provide for the amendment of the
Mining
Act 1971
have been brought into operation, the subsections, sections, Divisions and
Parts, and all paragraphs and subparagraphs, of that Act are to be renumbered or
redesignated in consecutive order (with necessary consequential changes to
cross-references).
Part 3—Amendment
of Mines and Works Inspection
Act 1920
127—Amendment
of section 4—Interpretation
(1) Section 4(1), definition of manager—delete the
definition
(2) Section 4(1), definition of mining or mining
operation—after "means" insert:
in respect of operations to which this Act applies
Section 5—delete the section and substitute:
5—Application of Act
This Act applies in respect of operations undertaken—
(a) under the Indenture under the
Roxby
Downs (Indenture Ratification) Act 1982
; and
(b) under the Indenture under the
Whyalla
Steel Works Act 1958
; and
(c) by a person to whom a sale or lease of any seam of coal vested in the
Crown at or near Leigh Creek has been made or granted by or on behalf of the
Crown (including any successors at law of such a person) as authorised under
section 48(1) of the
Electricity
Corporations Act 1994
; and
(d) by a person authorised under section 48(2) or (3) of the
Electricity
Corporations Act 1994
to mine any seam of coal vested in the Crown or SAGC, at or near Leigh
Creek.
129—Amendment
of section 8—Disqualification for office of inspector
(1) Section 8(1)(a)—delete "manager,"
(2) Section 8(1)(a)—delete ", agents, or managers of mines" and
substitute:
or agents
130—Amendment
of section 10—Power of inspector on inspection
(1) Section 10(2)(a)—delete ", agent, or manager of a mine," and
substitute:
or agent
(2) Section 10(3)(a)—delete ", or manager, or any other person," and
substitute:
or any other person
(3) Section 10(3)(b)—delete ", agent, or manager of a mine" and
substitute:
or agent
131—Amendment
of section 12—Miners' inspectors
(1) Section 12(1)—delete "manager" and substitute:
owner
(2) Section 12(2)—delete "manager" and substitute:
owner
(3) Section 12(3)—delete subsection (3) and substitute:
(3) The owner or agent must take steps to facilitate an inspection, and
the owner or agent may, if the owner or agent thinks fit, accompany the persons
making the inspection.
(4) Section 12(4)—delete "manager" and substitute:
owner
132—Amendment
of section 13—Obstructing or refusing to assist
inspector
(1) Section 13(2)—delete ", agent, or manager of a mine" and
substitute:
or agent
(2) Section 13(2)—delete "that mine" and substitute:
the mine
133—Substitution
of section 16
Section 16—delete the section and substitute:
16—Notice
A notice or document required to be given to or served on a person under
this Act may be given or served—
(a) by giving it to the person personally; or
(b) by posting it by registered post to the person's last known
residential, business or (in the case of a corporation) registered address;
or
(c) by leaving it for the person at the person's last known residential,
business or (in the case of a corporation) registered address with someone
apparently over the age of 16 years; or
(d) by transmitting it by fax or email to a fax number or email address
provided by the person (in which case the notice will be taken to have been
given or served at the time of transmission).
134—Amendment
of section 20—Imprisonment for wilful neglect
Section 20—delete ", agent or manager of any mine" and
substitute:
or agent
135—Amendment
of section 22—General provisions as to proceedings for
offences
Section 22(a)(ii)—delete ", agent, or manager of any mine, is not an
owner, agent or manager of" and substitute:
or agent is not an owner or agent in relation to
136—Amendment
of Schedule—Subject matter of regulations
(1) Schedule, clause 4—delete clause 4
(2) Schedule, clause 5—delete ", and of mine managers and other
persons" and substitute:
and of other persons
(3) Schedule, clause 6(a)—delete ", agent, or manager of the mine"
and substitute:
or agent
Part 4—Amendment
of Opal Mining
Act 1995
137—Amendment
of section 3—Interpretation
(1) Section 3(1), definition of Chief Inspector—delete
the definition
(2) Section 3(1), definition of council—delete the
definition and substitute:
council has the same meaning as in the
Local
Government Act 1999
and includes a body corporate that is, by virtue of any Act, deemed to be,
or vested with the powers of, a council;
(3) Section 3(1)—after the definition of Director
insert:
director of a company includes a person occupying or acting
in the position of a director or member of the governing body of the company, by
whatever name called and whether or not validly appointed to occupy or duly
authorised to act in the position, and includes any person in accordance with
whose directions or instructions the directors or members of the governing body
are accustomed to act;
(4) Section 3(1), definitions of Mining Register, a
mining registrar and the Mining Registrar—delete the
definitions and substitute:
Mintabie Township Lease Agreement and Mintabie township
lease area have the same meaning as in the
Anangu
Pitjantjatjara Yankunytjatjara Land Rights Act 1981
;
(5) Section 3(1)—after the definition of opal development
lease insert:
opal mining register means the register kept by the Opal
Mining Registrar under section 76;
opal mining registrar means a person appointed as an opal
mining registrar under section 75A and includes the Opal Mining
Registrar;
Opal Mining Registrar means a person appointed as the Opal
Mining Registrar under section 75A and includes a person who is acting in the
position of the Opal Mining Registrar;
138—Amendment
of section 6—Exempt land
(1) Section 6(1)(a)(ii)(A)—delete "of $200 or more" and
substitute:
equal to or exceeding the prescribed amount
(2) Section 6(1)(a)(ii)(B)—after "dam" insert:
that has some commercial value or use
(3) Section 6(9)—before "Mining" insert:
Opal
139—Amendment
of section 7—Application for permit
(1) Section 7(2)(a)—after "made in a" insert:
manner and
(2) Section 7(2)(b)—delete paragraph (b)
(3) Section 7(4)—delete "A mining registrar" and
substitute:
An opal mining registrar
140—Amendment
of section 8—Nature of permit
Section 8(4), penalty provision—delete the penalty provision and
substitute:
Administrative penalty.
141—Amendment
of section 9—Terms and renewal of permit
(1) Section 9(3)(b)—after "made in a" insert:
manner and
(2) Section 9(3)(c)—delete paragraph (c)
(3) Section 9(4)—delete "a mining registrar" and
substitute:
an opal mining registrar
142—Amendment
of section 10—Rights of holder of permit
Section 10—after subsection (5) insert:
(6) It is a condition of every precious stones prospecting permit that the
holder of the permit (being a holder who is a natural person) must not reside on
the precious stones field other than in the Mintabie township lease area in
accordance with a licence issued under section 29D of the
Anangu
Pitjantjatjara Yankunytjatjara Land Rights Act 1981
, or as otherwise allowed under that Act.
143—Amendment
of section 10A—Special provisions in relation to Mintabie precious stones
field
(1) Section 10A(1)—delete "a mining" and substitute:
an opal mining
(2) Section 10A(4)—delete "a mining" and substitute:
an opal mining
(3) Section 10A(4)—before "mining registrar must" insert:
opal
(4) Section 10A(5)—delete subsection (5) and substitute:
(5) A precious stones prospecting permit that authorises prospecting for
precious stones on the Mintabie precious stones field is subject to conditions
specified by the opal mining registrar by notice in writing given to the holder
of the permit.
(5) Section 10A(6)—delete "(b)"
(6) Section 10A(9)—delete "A mining" and substitute:
An opal mining
(7) Section 10A(10)—delete "A mining" and substitute:
An opal mining
(8) Section 10A(13)(a)—delete "a mining" and substitute:
an opal mining
(9) Section 10A(13)(b)—delete "(b)"
(10) Section 10A(13)—delete "the mining" and substitute:
the opal mining
(11) Section 10A(15)(a)(i)—delete "a mining" and
substitute:
an opal mining
(12) Section 10A(15)(a)(i)—delete "the mining" and
substitute:
the opal mining
(13) Section 10A(15)(a)(ii)—delete "(b)"
(14) Section 10A(15)(b)—delete "a mining" and substitute:
an opal mining
(15) Section 10A(16)—delete "A mining" and substitute:
An opal mining
(16) Section 10A(17)—delete subsection (17)
144—Amendment
of section 11—Qualifications to permits
(1) Section 11—after subsection (6) insert:
(6a) A precious stones prospecting permit does not authorise the pegging
out of an area that is not either wholly within, or wholly outside, a precious
stones field.
(2) Section 11(8)(b)—before "Mining" insert:
Opal
(3) Section 11(9)—before "Mining" wherever occurring
insert:
Opal
145—Amendment
of section 15—Effect of pegging an area
Section 15(2)(a)—delete "not wholly within" and substitute:
wholly outside
146—Amendment
of section 16—Ballot may be conducted in certain
cases
(1) Section 16(5)(c)—before "Mining" insert:
Opal
(2) Section 16(6)—delete "A mining" and substitute:
An opal mining
(3) Section 16(9)—delete subsection (9) and substitute:
(9) A person must not prospect for precious stones in contravention of
this section.
Maximum penalty: $5 000.
(9a) A person must not peg out an area for a precious stones tenement in
contravention of this section.
Administrative penalty.
(9b) A pegging purportedly made by a person in contravention of this
section is of no effect.
(4) Section 16(13)(b)—before "Mining" insert:
Opal
147—Substitution
of section 18
Section 18—delete the section and substitute:
18—Contravention of Part
(1) A person must not—
(a) purport to peg out an area for a precious stones tenement if not
authorised to do so under a valid precious stones prospecting permit;
or
(b) while being the holder of a precious stones prospecting permit, peg
out an area in contravention of this Act or otherwise than in accordance with an
authority conferred by this Act.
Administrative penalty.
(2) A person must not, having pegged out an area, carry out operations
within the area unless those operations are authorised under this Act.
Maximum penalty: $5 000.
(3) A pegging purportedly made by a person in contravention of this
section is of no effect.
148—Amendment
of section 18A—Special conditions for tenements in relation to Mintabie
precious stones field
(1) Section 18A(1)—delete subsection (1) and substitute:
(1) Each precious stones tenement on the Mintabie precious stones field is
subject to the conditions specified by the Director by notice in writing given
to the holder of the tenement.
(2) Section 18A(2)—delete "(b)"
(3) Section 18A(7)(a)—delete "(b)"
(4) Section 18A(11)—delete subsection (11)
149—Amendment
of section 19—Application for registration of
tenement
(1) Section 19(2)(a) and (b)—delete paragraphs (a) and (b) and
substitute:
(a) must be made in a manner and form determined by the Director or as
otherwise determined by the Opal Mining Registrar; and
(2) Section 19(3)—delete subsection (3)
(3) Section 19(4)—delete "not wholly within" and
substitute:
wholly outside
150—Amendment
of section 19A—Special provision related to application for and
registration of tenements on Mintabie precious stones field
(1) Section 19A(2)—before "Mining" insert:
Opal
(2) Section 19A(3)—before "Mining" wherever occurring
insert:
Opal
(3) Section 19A(4)—before "Mining" wherever occurring
insert:
Opal
(4) Section 19A(5)—before "Mining" wherever occurring
insert:
Opal
(5) Section 19A(7)—before "Mining" wherever occurring
insert:
Opal
151—Amendment
of section 20—Registration of tenement
(1) Section 20(1)—before "Mining" insert:
Opal
(2) Section 20(1)—after "claim" second occurring insert:
on the opal mining register
(3) Section 20(2)—delete "lodged at the appropriate office of the
Mining Registrar" and substitute:
made
(4) Section 20(3)—before "Mining" insert:
Opal
(5) Section 20(4)—before "Mining" insert:
Opal
(6) Section 20(5)—before "Mining" insert:
Opal
(7) Section 20(6)—before "Mining" insert:
Opal
(8) Section 20(7)—before "Mining" insert:
Opal
(9) Section 20(8)—before "Mining" insert:
Opal
(10) Section 20(8)—delete "to the mining industry" and
substitute:
responsible for the administration of the Mining Act
152—Amendment
of section 22—Term and renewal of tenement
(1) Section 22(3)(b) and (c)—delete paragraphs (b) and (c) and
substitute:
(b) must be made in a manner and form determined by the Director or as
otherwise determined by the Opal Mining Registrar; and
(2) Section 22(4)—before "Mining" wherever occurring
insert:
Opal
(3) Section 22(8)—before "Mining" insert:
Opal
153—Amendment
of section 23—Rights conferred by tenement
Section 23—after subsection (2) insert:
(3) It is a condition of every registered precious stones claim and every
registered opal development lease that the holder of the claim or lease (being a
holder who is a natural person) must not reside on the land comprising the claim
or lease other than in the Mintabie township lease area in accordance with a
licence issued under section 29D of the
Anangu
Pitjantjatjara Yankunytjatjara Land Rights Act 1981
, or as otherwise allowed under that Act.
154—Amendment
of section 25—Unlawful entry on tenement
Section 25(1), penalty provision—delete the penalty provision and
substitute:
Maximum penalty: $10 000.
155—Substitution
of section 26
Section 26—delete the section and substitute:
26—Caveats
(1) A person (a
caveator) who has, or who is claiming, an interest in a matter
relevant to the registration of a tenement may apply to the Opal Mining
Registrar to have a caveat registered under this section.
(2) An application
for the registration of a caveat must be in a form determined by the Opal Mining
Registrar.
(3) A caveat under
subsection (1)
may—
(a) forbid the registration of any transfer, mortgage or voluntary
surrender affecting a specified interest in the tenement (an absolute
caveat); or
(b) forbid the registration of any transfer, mortgage or voluntary
surrender affecting the tenement unless the transfer or mortgage expressly
states that it is to be subject to the interest claimed by the caveator (a
claim caveat).
(4) However, if a caveat is being registered without the express consent
of the tenement holder for the tenement to which the caveat
relates—
(a) the caveator must be a person who has entered into an agreement with
the tenement holder relating to—
(i) the sale or transfer (or both) of the tenement holder's interest in
the relevant tenement; or
(ii) any other matter connected with the tenement holder's interest in the
relevant tenement; and
(b) the agreement must provide for the registration of a caveat under this
section; and
(c) a copy of the agreement must accompany the application under
subsection (2)
.
(a) set out a date of expiry (if any); or
(b) set out that the caveat will expire—
(i) on a specified transfer or mortgage of an interest in the tenement;
or
(ii) at the end of a specified period.
(6) In connection
with the preceding subsections, an application for the registration of a
caveat—
(a) must be accompanied by—
(i) the prescribed fee; and
(ii) such other documents or information as the Opal Mining Registrar may
require; and
(b) if the caveat is being registered without the express consent of the
tenement holder for the tenement to which the caveat relates—must include
a statutory declaration as to the truthfulness and accuracy of any matter
specified by the caveator in the application.
(7) The Opal Mining Registrar does not have, on the receipt of an
application to register a caveat, any duty to determine whether or
not—
(a) the caveat relates to a valid caveatable interest; or
(b) a caveatable interest has been sufficiently described; or
(c) there is sufficient evidence to support the caveat; or
(d) any matter specified in the application is true and
accurate.
(8) The registration of a caveat does not warrant the validity of any
interest claimed in the caveat.
(9) On the registration of a caveat under this section, a notice of the
registration of the caveat must be sent by the Opal Mining Registrar to any
tenement holder whose interests are affected by the caveat, other than where the
tenement holder is also the caveator.
(10) A caveat registered under this section—
(a) does not affect or prevent the renewal of a tenement; and
(b) does not lapse on the renewal of a tenement (while the caveat is
registered); and
(c) does not affect or prevent any dealing with the tenement (or any
interest in the tenement) that is required by an order of a court or tribunal
constituted by law.
(11) A caveat registered under this section will lapse on—
(a) any order of the Warden's Court providing for the lapsing of the
caveat; or
(b) the withdrawal of the caveat by the caveator; or
(c) the expiry of the caveat as contemplated by
subsection (5)
.
(12) If—
(a) a caveat is registered in respect of a tenement; and
(b) the caveat lapses,
the caveator or any related corporation may not apply to register a second
or subsequent caveat relating to the same interest in the tenement to which the
original caveat related without the approval of the Warden's Court, or unless
that second or subsequent caveat is being registered with the express consent of
the tenement holder for the tenement to which the caveat relates.
(13) In this section—
related corporation, in relation to a particular entity
(being a corporation), is a corporation that is related to the entity under
section 50 of the Corporations Act 2001 of the Commonwealth.
26A—Application to Warden's Court to lapse caveat
or obtain compensation
(1) A person who—
(a) has an interest in a tenement subject to a caveat registered under
section 26
; or
(b) has an interest that is directly affected by a caveat registered under
section 26
,
may apply to the Warden's Court under this section.
(2) An application
may be made for 1 or more of the following:
(a) a declaration that an interest claimed by the caveator is not a valid
caveatable interest;
(b) an order that a caveat lapse;
(c) an order that a transfer, mortgage or surrender relating to a tenement
be registered despite the registration of a caveat under
section 26
;
(d) an order that a
caveator pay compensation for any loss or damage suffered because a caveat
registered under
section 26
does not relate to a valid caveatable interest, or an amount for or
towards any such loss or damage.
(3) Any compensation payable under an order under
subsection (2)(d)
may be recovered as if it were a debt due to the person in whose favour
the order is made in a court of competent jurisdiction.
(4) This section does not limit any other jurisdiction or power of the
Warden's Court in relation to caveats under
section 26
.
156—Amendment
of section 27—Power of Opal Mining Registrar to cancel
tenement
(1) Section 27(1)—before "Mining" wherever occurring
insert:
Opal
(2) Section 27(2)—before "Mining" insert:
Opal
(3) Section 27(4)—before "Mining" insert:
Opal
(4) Section 27(5)(a)—before "Mining" insert:
Opal
(5) Section 27(6)—before "Mining" insert:
Opal
After section 27 insert:
27A—Cancellation and
suspension
(1) The Opal Mining Registrar may cancel or suspend a precious stones
tenement if the tenement holder contravenes or fails to comply
with—
(a) a term or condition of the tenement; or
(b) a provision of this Act.
(2) The Opal Mining Registrar may suspend all or some of the operations
under a tenement—
(a) pending compliance with an obligation or requirement under this Act by
the tenement holder; or
(b) until the tenement holder takes some other step specified by the
Minister; or
(c) on account of any other matter that, in the opinion of the Minister,
warrants suspension of rights under the tenement.
(3) The Opal Mining
Registrar must not take action under this section unless or until the Opal
Mining Registrar has—
(a) taken reasonable steps to notify the tenement holder of the proposed
course of action (including in the notification the grounds on which the Opal
Mining Registrar is intending to act); and
(b) provided the tenement holder with an opportunity to make written
submissions in relation to the matter within a period specified by the Opal
Mining Registrar.
(4) The Opal Mining
Registrar may, after complying with
subsection (3)
, by instrument registered on the opal mining register, cancel or suspend a
tenement.
(5) The Opal Mining
Registrar must ensure that a notice of the cancellation or suspension of a
tenement under
subsection (4)
is given to the tenement holder.
(6) A tenement
holder may, within 28 days after receiving a notice under
subsection (5)
, appeal to the ERD Court in relation to the matter.
(7) The ERD Court
may, on hearing an appeal under
subsection (6)
, if satisfied that the ground or grounds on which the Opal Mining
Registrar acted were insufficient to justify the cancellation or suspension of
the tenement (as the case may be)—
(a) revoke the
cancellation or suspension; and
(b) make any consequential or ancillary order that the Court considers
necessary or appropriate.
(8) If the ERD Court makes an order under
subsection (7)(a)
, the Opal Mining Registrar may, subject to any order of the Court,
reinstate the tenement to a date that coincides with the initial date of the
cancellation or suspension, or such later date as the Opal Mining Registrar
considers to be appropriate in the circumstances.
158—Amendment
of section 28—Surrender of tenement, removal of posts
etc
(1) Section 28(1)—before "Mining" insert:
Opal
(2) Section 28(2)—delete subsection (2)
(3) Section 28(3)—delete "(or partly outside)"
(4) Section 28(3)—before "Mining" insert:
Opal
(5) Section 28(4)(a)—delete "a mining" and substitute:
an opal mining
(6) Section 28(4)(b)—delete "in any other case" and
substitute:
in the case of a tenement that is wholly outside a precious stones
field
(7) Section 28(4)(b)—delete "a mining" and substitute:
an opal mining
(8) Section 28(5), definition of authorised
person—before "Mining" insert:
Opal
159—Substitution
of section 29
Section 29—delete the section and substitute:
29—Removal of machinery
(1) The owner of any machinery or goods on land that has ceased to be
subject to a tenement may, at any time within the period of 3 months after the
date on which the land ceased to be subject to the tenement, enter the land and
remove the machinery or goods from the land.
(2) The Minister
may cause any machinery or goods that have been abandoned on land that has been
subject to a tenement (whether or not a new tenement has been granted over the
land) to be seized.
(3) Any machinery
or goods seized under
subsection (2)
are forfeited to the Crown and may be sold by the Minister.
(4) Any proceeds from a sale under
subsection (3)
will be paid to the Treasurer.
(5) The Treasurer
may, on application under this subsection, pay an amount equal to the proceeds
of a sale under
subsection (3)
to the person who abandoned the relevant machinery or goods, after
deduction of an amount determined by the Treasurer to be reasonable costs
associated with seizing, holding, maintaining, repairing, cleaning or selling
the machinery or goods.
(6) An application under
subsection (5)
must be made within 2 years from the date of sale (and after the
expiration of that period no further claim may be made in relation to the
machinery or goods).
160—Amendment
of section 30—Maintenance of posts
Section 30—after its present contents insert:
Administrative penalty.
161—Amendment
of section 32—Notice of entry
(1) Section 32(5)—before "Mining" insert:
Opal
(2) Section 32(7), penalty provision—delete "$5 000" and
substitute:
$50 000
162—Amendment
of section 33—Duration of notice of entry
Section 33(1)—delete "six months" wherever occurring and substitute
in each case:
12 months
163—Amendment
of section 34—Use of declared equipment
(1) Section 34(1), penalty provision—delete the penalty provision
and substitute:
Maximum penalty: $120 000.
(2) Section 34(5), penalty provision—delete "$5 000" and
substitute:
$120 000
(3) Section 34(9)—before "Mining" insert:
Opal
(4) Section 34(11), penalty provision—delete "$10 000" and
substitute:
$120 000
164—Amendment
of section 35—Rehabilitation of land
(1) Section 35(1)—delete "(or partly outside)"
(2) Section 35(2)(d)—delete paragraph (d) and substitute:
(d) may be issued at any time (including after a tenement has come to an
end)
(3) Section 35(3), penalty provision—delete "$5 000" and
substitute:
$120 000
(4) Section 35(4), penalty provision—delete "$5 000" and
substitute:
$120 000
165—Insertion
of sections 35A and 35B
After section 35 insert:
35A—Compliance directions
(1) The Minister may issue a direction under this section (a
compliance direction) for the purpose of—
(a) securing compliance with a requirement under this Act, a tenement
(including a term or condition of a tenement) or any authorisation or direction
under or in relation to a tenement; or
(b) preventing or bringing to an end specified operations that are
contrary to this Act or a tenement (including a term or condition of a
tenement); or
(c) without limiting any other provision, requiring the rehabilitation of
land on account of any operations carried out without an authority required by
this Act; or
(d) requiring the taking of any action that, in the opinion of the
Minister, is required to ensure public safety.
(2) A compliance direction—
(a) must be in the form of a notice in writing given to the person to whom
the direction is issued; and
(b) must—
(i) specify the person to whom it is issued (whether by name or by
description sufficient to identify the person); and
(ii) specify the grounds on which it is issued; and
(c) may impose any requirement reasonably required for the purpose for
which the direction is issued including 1 or more of the following:
(i) a requirement that the person discontinue, or not commence, specified
operations indefinitely or for a specified period or until further notice from
the Minister;
(ii) a requirement that the person not carry on specified operations
except at specified times or subject to specified conditions;
(iii) a requirement that the person take specified action within a
specified period.
(3) The Minister may, by notice in writing given to the person to whom a
compliance direction is issued, vary or revoke the direction.
(4) A person to whom a compliance direction relates must comply with a
direction under this section within the time allowed in the direction.
Maximum penalty: $250 000.
35B—Contravention of Act
The Minister or an authorised officer may, if of the opinion that it is
reasonably necessary to do so in the circumstances, include in a direction under
this Part a requirement for an act or omission that might otherwise constitute a
contravention of this Act and, in that event, a person incurs no liability to a
penalty under this Act for compliance with the requirement.
166—Amendment
of section 36—Bonds
(1) Section 36(1)—delete "(or partly outside)"
(2) Section 36(7)—before "Mining" insert:
Opal
(3) Section 36(8)—delete subsection (8)
(4) Section 36(9)—before "Mining" insert:
Opal
(5) Section 36(10)—before "Mining" insert:
Opal
(6) Section 36(10), penalty provision—delete "$5 000" and
substitute:
$120 000
(7) Section 36(12), penalty provision—delete "$5 000" and
substitute:
$120 000
167—Amendment
of section 37—Application of bonds
Section 37(4)—before "Mining" wherever occurring insert:
Opal
168—Amendment
of section 43—Registration of agreement
(1) Section 43(1)—before "Mining" insert:
Opal
(2) Section 43(3)—before "Mining" insert:
Opal
(3) Section 43(3)(b)—before "Mining"insert:
Opal
(4) Section 43(4)—before "Mining" insert:
Opal
(5) Section 43(5)—before "Mining" wherever occurring
insert:
Opal
169—Amendment
of section 44—Agreement may be varied or revoked
(1) Section 44(2)—before "Mining" wherever occurring
insert:
Opal
(2) Section 44(4)(a)—before "Mining" insert:
Opal
(3) Section 44(5)—before "Mining" insert:
Opal
170—Amendment
of section 45—Appeal to Warden's Court
Section 45—before "Mining" wherever occurring insert:
Opal
171—Amendment
of section 49—Qualification of rights conferred by
permit
(1) Section 49(1)—after paragraph (b) insert:
or
(c) an indigenous land use agreement registered under the Native Title
Act 1993 of the Commonwealth provides that statutory rights to negotiate are
not intended to apply in relation to the mining operations.
(2) Section 49—after note 2 insert:
3 Cf. Native Title Act 1993 (Cwth), section
24EB(1)(c).
172—Amendment
of section 50—Limits on grant of tenement
(1) Section 50—after paragraph (b) insert:
or
(c) an indigenous land use agreement registered under the Native Title
Act 1993 of the Commonwealth provides that statutory rights to negotiate are
not intended to apply in relation to the mining operations.
(2) Section 50—after note 1 insert:
2 Cf. Native Title Act 1993 (Cwth), section
24EB(1)(c).
173—Amendment
of section 51—Applications for tenements
Section 51(2)—before "Mining" wherever occurring insert:
Opal
174—Amendment
of section 59—Agreement
(1) Section 59(4)—before "Mining" wherever occurring
insert:
Opal
(2) Section 59(5)—before "Mining" insert:
Opal
175—Amendment
of section 64—Effect of determination
Section 64(1)(a)—before "Mining" insert:
Opal
176—Amendment
of section 70A—Opal Mining Native Title Register
(1) Section 70A(1)—delete subsection (1) and substitute:
(1) The Opal Mining Registrar must establish a distinct part of the opal
mining register (which may be referred to as the Opal Mining Native Title
Register) for the registration of agreements and determinations under this
Part.
(2) Section 70A(2)—before "Mining" insert:
Opal
(3) Section 70A(3)—delete subsection (3) and substitute:
(3) The Opal Mining Registrar may also note in any other part of the opal
mining register any agreement or determination registered under this Part (as
the Opal Mining Registrar thinks fit).
(4) Section 70A(4)(a)—before "Mining" insert:
Opal
(5) Section 70A(5)(d)—before "Mining" insert:
Opal
(6) Section 70A(7), penalty provision—delete "$10 000" and
substitute:
$50 000
177—Amendment
to section 72—Jurisdiction relating to tenements and monetary
claims
(1) Section 72(2a)—delete "$100 000" and substitute:
$150 000
(2) Section 72(4)(a)—before "Mining" insert:
Opal
(3) Section 72(4)(b)—before "Mining" wherever occurring
insert:
Opal
Before section 76 insert:
75A—Opal mining registrar
(1) There is to be an Opal Mining Registrar and other opal mining
registrars.
(2) The Opal Mining Registrar and the opal mining registrars are to be
Public Service employees.
(3) The Opal Mining Registrar may delegate a power or function of the Opal
Mining Registrar to another opal mining registrar.
(4) If the terms of an instrument of delegation allows for subdelegation,
the delegate may subdelegate the power or function in accordance with the
instrument (and a reference in this section to a delegation will then extend to
any such subdelegation).
(5) A delegation under this section—
(a) may be absolute or conditional; and
(b) may be made—
(i) to a specified person; or
(ii) to a person for the time being holding or acting in a specified
office or position; and
(iii) does not derogate from the power of the delegator to act in any
matter; and
(iv) is revocable at will by the delegator.
(6) An opal mining registrar may be assigned to act as the Opal Mining
Registrar—
(a) during a vacancy in the office of Opal Mining Registrar; or
(b) when the Opal Mining Registrar is absent from, or unable to discharge,
official duties.
179—Amendment
of section 76—Opal Mining Register
(1) Section 76(1)—delete subsection (1) and substitute:
(1) The Opal Mining Registrar will keep a register (the opal mining
register).
(2) Section 76(2)—delete "The Mining Registrar must, in that part of
the Mining Register, keep" and substitute:
The opal mining register will be
(3) Section 76(2)—delete "in the register any other information he
or she" and substitute:
any other information the Opal Mining Registrar
(4) Section 76(3)—delete "Mining Registrar must note in the relevant
part of the register" and substitute:
Opal Mining Registrar must note in the opal mining register
(5) Section 76(4)—delete "register" and substitute:
opal mining register
180—Amendment
of section 77—Appointment of authorised persons
(1) Section 77(5)(a) and (b)—delete paragraphs (a) and (b) and
substitute:
(a) enter, search, inspect and examine any premises, land or vehicle that
has been or is intended to be, used for, or in connection with, any operations
or activity regulated by this Act and, where necessary for the purpose, break
into or open a part of, or anything in, the premises, land or vehicle;
(b) inspect or examine anything;
(2) Section 77(5)(c)—delete "take, and remove from land," and
substitute:
seize and retain
(3) Section 77(8), penalty provision—delete "$2 500" and
substitute:
$10 000 or imprisonment for 6 months
(4) Section 77(9), penalty provision—delete "$2 500" and
substitute:
$10 000 or imprisonment for 6 months
(5) Section 77(10) to (12)—delete subsections (10) to (12)
(inclusive) and substitute:
(10) It is not an excuse for a natural person to refuse to answer a
question or to provide information under a preceding subsection on the ground
that to do so might tend to incriminate the person or make the person liable to
a penalty.
(11) However, if compliance with a requirement to answer a question or to
provide information might tend to incriminate the person or make the person
liable to a penalty, then—
(a) in the case of a person who is required to provide information,
including by the production of a document—the fact of the provision of the
information or document (as distinct from the information itself or the contents
of a document); or
(b) in any other case—the answer given in compliance with the
requirement,
is not admissible in evidence against the person in proceedings for an
offence or for the imposition of a penalty (other than proceedings in respect of
the making of a false or misleading statement).
(12) An authorised
person may require a person who the authorised officer reasonably suspects has
committed, is committing or is about to commit, a contravention of this Act to
state the person's full name and usual place of residence and to produce
evidence of the person's identity.
(13) A person of whom a requirement is made under
subsection (12)
must comply with the requirement.
Maximum penalty: $5 000.
(14) An authorised person may only exercise a power under
subsection (5)(a) in respect of premises on the authority of a warrant
issued by a magistrate (including as a warden) or justice.
(15) However, a warrant is not required to exercise a power under
subsection (5)(a) in relation to non-residential premises if—
(a) the premises are used by a tenement holder for, or in connection with,
operations under this Act; or
(b) the authorised person has reason to believe that, in the
circumstances, urgent action is required.
(16) A warrant may not be issued unless the magistrate, warden or justice
(as the case may be) is satisfied that the warrant is reasonably required in the
circumstances.
(17) An application for the issue of a warrant—
(a) may be made personally, electronically or by telephone; and
(b) must be made in accordance with any procedures prescribed by the
regulations.
181—Amendment
of section 79—Exemptions
(1) Section 79(1)—delete subsection (1) and substitute:
(1) If the Minister is satisfied that it is justifiable to do so, the
Minister may—
(a) exempt the holder of a tenement from the obligation to comply with a
term or condition of the tenement; or
(b) exempt the holder of a tenement from the obligation to comply with a
provision of this Act (except Part 7).
(2) Section 79(5), penalty provision—delete "$5 000" and
substitute:
$50 000
182—Amendment
of section 82—Offences
(1) Section 82(1), penalty provision—delete the penalty provision
and substitute:
Maximum penalty: $150 000 or imprisonment for 2 years.
(2) Section 82(3), penalty provision—delete "$1 250" and
substitute:
$10 000
(3) Section 82(4), penalty provision—delete "$2 500" and
substitute:
$10 000
(4) Section 82(5), penalty provision—delete "$2 500" and
substitute:
$10 000
(5) Section 82(6)—after "this Act" insert:
(other than a provision to which an administrative penalty
applies)
(6) Section 82(6)—delete "$2 500" and substitute:
$10 000
183—Amendment
of section 84—Prohibition orders
Section 84(5), penalty provision—delete the penalty provision and
substitute:
Maximum penalty: $150 000 or imprisonment for 2 years.
184—Amendment
of section 85—Power of Opal Mining Registrar to require pegs be
removed
Section 85—before "Mining" wherever occurring insert:
Opal
185—Amendment
of section 87—Evidentiary provision
(1) Section 87(2)—delete "Mining Registrar as to a matter relating
to" and substitute:
Opal Mining Registrar certifying
(2) Section 87(2)(a) and (b)—delete paragraphs (a) and (b) and
substitute:
(a) as to a matter relating to a permit or tenement under this Act;
or
(b) as to a matter relating to a notice or requirement under this Act;
or
(c) that a person named in the certificate was or was not at a specified
time the holder of a tenement; or
(d) that a specified provision was a term or condition of a specified
tenement at a specified time; or
(e) that a specified determination, decision, order or requirement was
made or given on a specified day; or
(f) that at a specified time the Minister, the Director or the Opal Mining
Registrar gave notice of any specified matter under or in connection with the
operation of this Act; or
(g) that at a specified time the Minister, the Director or the Opal Mining
Registrar had not received any notice, instrument or other document, or had not
received any information of a specified kind; or
(h) that at a specified time a specified person was an authorised officer
under this Act; or
(i) that a particular delegation was in force under this Act at a
specified time,
186—Amendment
of section 89—Disposal of waste
(1) Section 89(2), penalty provision—delete "$2 500" and
substitute:
$10 000
(2) Section 89(5), penalty provision—delete "$2 500" and
substitute:
$10 000
Section 91—delete the section
188—Amendment
of section 93—Interaction with Mining Act
(1) Section 93(1)—delete "mining" first occurring
(2) Section 93(1)—delete "mining tenement" and substitute:
mineral tenement
(3) Section 93(2)—delete "mining tenement" and substitute:
mineral tenement
(4) Section 93(3), penalty provision—delete "$5 000" and
substitute:
$20 000
(5) Section 93(6), penalty provision—delete "$5 000" and
substitute:
$10 000
189—Insertion
of sections 98A and 98B
After section 98 insert:
98A—Administrative penalties
(1) This section applies to any provision of this Act (or the regulations)
at the foot of which the words "Administrative penalty" appear.
(2) If a person who is a holder or former holder of a tenement is alleged
to have contravened a provision to which this section applies, the Director may,
by notice in writing to the person, impose an administrative penalty on the
person (and the Director may act under this subsection without prior
consultation with the person and without the need to give a warning or any prior
notice in relation to the matter).
(3) The amount of an administrative penalty is an amount (not
exceeding $15 000) prescribed by regulation in relation to the
relevant provision.
(4) An administrative penalty may be recovered as a debt due to the
Crown.
(5) If an administrative penalty has been imposed in relation to a
particular act or default, the same act or default cannot be made the subject of
proceedings for an offence against this Act and if proceedings for an offence
against this Act have been brought in relation to a particular act or default,
an administrative penalty cannot be imposed for the same act or
default.
98B—Penalties payable into Mining Rehabilitation
Fund
The following are payable into the Mining Rehabilitation Fund established
under the
Mining
Act 1971
:
(a) penalties payable in respect of offences against this Act;
(b) administrative penalties paid under this Act.
190—Amendment
of section 99—Regulations
(1) Section 99(2)(o)—delete "$2 500" and substitute:
$10 000
(2) Section 99(3)(e)—before "Mining" insert:
Opal
(3) Section 99—after subsection (3) insert:
(4) The Governor
may, by regulation, make provisions of a saving or transitional nature
consequent on the amendment of this Act by another Act.
(5) A provision made by a regulation under
subsection (4)
may be in addition to any provision of a saving or transitional nature
made by the Act that makes the amendment.
(6) A provision
made by a regulation under
subsection (4)
may, if the regulations so provide, take effect from the commencement of
the amendment or from a later day.
(7) To the extent to which a provision takes effect under
subsection (6)
from a day earlier than the day of the publication of the regulation in
the Gazette, the provision does not operate to the disadvantage of a person
by—
(a) decreasing the person's rights; or
(b) imposing liabilities on the person.
Schedule 1—Transitional
provisions
Part 1—Transitional provisions—Mining
Act 1971
In this Schedule—
principal Act means the
Mining
Act 1971
.
On and after the day on which
section 4
comes into operation, a reference in any Act, statutory instrument or
other document or instrument to a mining tenement under the principal Act will,
unless the context otherwise requires, be taken to include a reference to a
mineral tenement.
(1) In this clause—
mining operator has the same meaning as in the principal Act,
as in force immediately before the day on which
section 4
comes into operation.
(2) Section 9AA of the principal Act, as in force immediately before the
day on which
section 9
comes into operation, will continue to apply where a mining operator has
given a notice to a person under subsection (1) of that section before the
day on which
section 22
comes into operation.
All registers kept under section 15A of the principal Act immediately
before the repeal of that section by this Act will, on that repeal, be taken to
form part of the mining register under section 15AA of the principal Act as
enacted by this Act.
(1) A mortgage may be registered under section 15AC of the principal Act,
as enacted by this Act, whether it was created before or after the commencement
of that section.
(2) An application may be made under section 15AD of the principal Act, as
enacted by this Act, in relation to a mortgage—
(a) registered on a register under the principal Act before the
commencement of that section; or
(b) created before the commencement of that section and registered on the
mining register on or after that commencement.
6—Registered
documents and dealings
Section 15AH of the principal Act, as enacted by this Act, extends to the
registration of any interest, instrument, agreement, statement, notice, order,
direction, bond, penalty or other document or dealing on the mining register
before the commencement of
section 22
of this Act.
(1) The principal Act, as in force immediately before the commencement of
section 23
of this Act, applies for the purposes of the first return required to be
furnished by a tenement holder following that commencement and to the
calculation of royalty in respect of minerals recovered during the period to
which the return relates.
(2) If a relevant event has occurred under section 73E of the principal
Act, as in force immediately before the commencement of
section 23
of this Act, that event will be taken to be a relevant event for the
purposes of section 17AB of the principal Act as enacted by this Act.
(1) In this clause—
grant date is the date of the original grant of an
exploration licence;
relevant day means the day on which
section 41
comes into operation.
(2) An exploration licence in existence immediately before the relevant
day, other than a licence that has been granted under section 30AB of the
principal Act, will continue to be subject to the operation of section 30A of
the principal Act, as in existence immediately before the relevant day, until
the expiration of 5 years from the date on which the licence was granted, and
then will be subject to the operation of section 30A of the principal Act, as
amended by this Act, as if the term or aggregate term of the licence had reached
the period of 6 years, rather than 5 years, and with the grant date for the
licence being taken to be 1 year earlier that the actual grant date.
(3) If—
(a) an exploration licence in existence immediately before the relevant
day has been granted under section 30AB of the principal Act; and
(b) immediately before the relevant day, the term of that licence when
aggregated with the term of the former licence under section 30A of the
principal Act, as in existence immediately before the relevant day, has not
reached a period of 10 years,
the licence will be subject to the operation of section 30A of the
principal Act as in force immediately before the relevant day until the
expiration of 10 years from the date on which the former licence was granted,
and will then be subject to the operation of section 30A(7)(a) of the principal
Act, as amended by this Act, as if the term or aggregate term of the licence had
reached the period of 6 years.
(4) If—
(a) an exploration licence in existence immediately before the relevant
day has been granted under section 30AB of the principal Act; and
(b) that licence is a successor to a former licence granted under section
30AB of the principal Act; and
(c) immediately before the relevant day, the term of the licence when
aggregated with the terms of the former licence or licences under section 30A
and 30AB of the principal Act, as in existence immediately before the relevant
day, has reached a period of 10 years or more,
the licence will be subject to the operation of section 30A of the
principal Act as in force immediately before the relevant day until the expiry
of the 5 year aggregate term of the licence and—
(d) the aggregate period of the licence and any former licence will be
taken to be 12 years (with the grant date for the licence being adjusted
accordingly); and
(e) if the holder of the licence seeks a further renewal of the licence,
they will be required to make an application for the renewal of the licence
under section 30A of the principal Act, as amended by this Act, and will then be
subject to the operation of section 30A(7)(b) (other than subparagraph (ii) of
that paragraph) and the licence may continue in force pending the outcome of the
application.
(1) An expenditure obligation imposed under section 30(1)(b) of the
principal Act as a condition of an exploration licence in existence immediately
before the relevant day will be taken to set out the level of expenditure that
applies in relation to the licence for the purposes of section 30AAA of the
principal Act as enacted by this Act.
(2) The Minister may exercise a power under section 30AAA of the principal
Act, as enacted by this Act, in relation to any exploration licence in existence
immediately before the commencement of that section.
Section 56Z of the principal Act, as enacted by this Act, cannot apply in
relation to a mineral tenement that expired before the commencement of that
section.
The Minister may impose a requirement under section 62AA of the principal
Act, as enacted by this Act, in relation to a mining tenement (or mineral
tenement) granted before the enactment of that section.
12—Jurisdiction
relating to tenements and monetary claims
The amendment to section 67(1a) of the principal Act by
section 78
—
(a) does not apply in respect of proceedings commenced before the
commencement of that section (and those proceedings may continue as if this Act
had not been enacted); and
(b) apply in respect of proceedings commenced after the commencement of
that section (including proceedings in respect of a claim arising before the
commencement of that section).
13—Programs
for environment protection and rehabilitation
(1) In this clause—
ADP means a development program approved under regulation 9
of the
Mines
and Works Inspection Regulations 2013
;
relevant day means the day on which
section 83
comes into operation;
PEPR means a program under Part 10A of the principal
Act;
prescribed item means—
(a) an exploration work program; or
(b) a declaration of environmental factors; or
(c) a program for mining and rehabilitation of land,
within the meaning of regulation 114 of the
Mining
Regulations 2011
as in force immediately before the relevant day.
(2) A prescribed item—
(a) continues as a PEPR for the purposes of the principal Act;
and
(b) insofar as it is relevant to authorised operations conducted under the
principal Act on or after the relevant day, will be taken to be an approved
program under Part 10A of the principal Act and to be subject to the operation
and requirements of—
(i) regulation 114 of the
Mining
Regulations 2011
; and
(ii) Part 10A of the principal Act (including so as to require the
prescribed item, as a PEPR, to be reviewed under that Part as required and to be
relevant to the operation of section 70D of the principal Act as in force
immediately before the relevant day and section 70DA of the principal Act as
enacted by this Act on or after the relevant day).
(3) An ADP in force
immediately before the relevant day—
(a) will be taken to be a PEPR for the purposes of the principal Act;
and
(b) insofar as it is relevant to authorised operations conducted under the
principal Act on or after the relevant day, will be taken to be an approved
program under Part 10A of the principal Act and to be subject to the operation
and requirements of Part 10A of the principal Act (including so as to require
the ADP, as a PEPR, to be reviewed under that Part as required and to be subject
to the operation of sections 70D and 70DA of the principal Act as enacted by
this Act on or after the relevant day).
(4)
Subclause
(3)
does not apply in relation to operations within the ambit of section 5 of
the
Mines
and Works Inspection Act 1920
, as enacted by this Act.
(5) The Minister may, on or after the enactment of paragraph (c) of
section 70C(5) of the principal Act, reject a program that has been submitted
under section 70B of the principal Act before that enactment.
(6) The Minister may require a program audit to be conducted under section
70D of the principal Act, as enacted by this Act, in relation to a PEPR that has
been approved before the relevant day.
(7) If a person who has applied for a mineral tenement before the
commencement of this Act submits a program for approval under section 70B(4) of
the principal Act as substituted by this Act, the program must be consistent
with any proposal provided to the Minister during the relevant mineral tenement
application process.
If a caveat lodged under Part 11A of the principal Act is in force
immediately before the repeal of that Part by this Act—
(a) the provisions of that Part will continue to apply in relation to the
caveat as if the repeal had not been effected; and
(b) Division 3 of Part 2A of the principal Act, as enacted by this Act,
will not apply in relation to the caveat.
(1) In this clause—
prescribed day means the day falling 15 years after the day
on which this clause comes into operation.
(2) On and after the prescribed day—
(a) a mine operations plan in force under section 73G of the principal Act
immediately before that day will be taken to be an approved program under Part
10A of the principal Act; and
(b) Part 10A of the principal Act will apply to and in relation to a
private mine and a person carrying out mining operations in relation to a
private mine; and
(c) section 73G of the principal Act will cease to apply to and in
relation to a private mine (and that section will be taken to have been repealed
on that day); and
(d) sections 73I and 73KA of the principal Act will apply—
(i) as if a reference to a mine operations plan included a reference to a
program under Part 10A of the principal Act; and
(ii) as if a reference to objectives contained in a mine operations plan
included a reference to environmental outcomes under a program under Part 10A of
the principal Act.
The repeal of section 84A of the principal Act does not affect the
operation of any agreement in force under that section before the
repeal.
Part 2—Transitional provisions—Opal
Mining Act 1995
In this Part—
principal Act means the
Opal
Mining Act 1995
.
The distinct part of the Mining Register kept under section 76 of the
principal Act by the Mining Registrar under the Mining Act, will on the
commencement of this Act, be taken to form part of the opal mining register
under section 76 as amended by this Act.
If a caveat lodged under section 26 of the principal Act is in force
immediately before the repeal of that section by this Act—
(a) the provisions of that section will continue to apply in relation to
the caveat as if the repeal had not been effected; and
(b) section 26 of the principal Act, as enacted by this Act, will not
apply in relation to the caveat.
The repeal of section 91 of the principal Act does not affect the operation
or validity of any agreement in force under that section immediately before the
repeal.
21—Jurisdiction
relating to tenements and monetary claims
The amendment of section 72(2a) by
section 177
—
(a) does not apply in respect of proceedings commenced before the
commencement of that section (and those proceedings may continue as if this Act
had not been enacted); and
(b) applies in respect of proceedings commenced after the commencement of
that section (including proceedings in respect of a claim arising before the
commencement of that section).