{"id":"legacy-mines-remediation-act-2023","name":"Legacy Mines Remediation Act 2023","slug":"legacy-mines-remediation-act-2023","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30244,"registerId":"nt-legacy-mines-remediation-act-2023-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Legacy Mines Remediation Act 2023","content":"NORTHERN TERRITORY OF AUSTRALIA\nLEGACY MINES REMEDIATION ACT 2023\nAs in force at 10 February 2026\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Legacy mine site.............................................................................. 3\n5 Legacy mine feature ........................................................................ 4\n6 Application of Criminal Code ........................................................... 4\nPart 2 Mining Remediation Fund\n7 Mining Remediation Fund ................................................................ 4\n8 Purpose of Fund .............................................................................. 4\n9 Payments from Fund ....................................................................... 5\n10 Annual statement............................................................................. 6\nPart 3 Mining remediation levy\n11 Application of Part ........................................................................... 6\n12 Mining remediation levy ................................................................... 6\n13 Amount and payment of levy ........................................................... 7\nPart 4 Legacy mine sites and legacy mine\nfeatures\n14 Reserved legacy mine sites ............................................................. 7\n15 Registers ......................................................................................... 8\nPart 5 Remediation activities\n16 Authorisation to carry out remediation activity ................................. 8\n17 Powers on entry............................................................................... 9\n18 Duties on entry .............................................................................. 10\n19 Offence to obstruct ........................................................................ 10\n20 Remediation activity without prescribed statutory approval ........... 10\n21 Notice to prescribed statutory decision-maker of proposed\nauthorisation under section 16....................................................... 11\n22 Notice to prescribed statutory decision-maker of authorisation\nunder section 16 – imminent risk of environmental harm .............. 11\n\nLegacy Mines Remediation Act 2023 ii\nPart 6 Legacy mines officers\n23 Appointment of legacy mines officer .............................................. 12\n24 Identity cards ................................................................................. 12\n25 Functions of legacy mines officer .................................................. 13\n26 Powers of legacy mines officer ...................................................... 14\n27 Obstruction of legacy mines officer................................................ 15\nPart 7 Miscellaneous matters\n28 Minister may request information................................................... 15\n29 Protection from liability .................................................................. 16\n30 Delegation ..................................................................................... 16\n31 Regulations.................................................................................... 16\nPart 8 Repeals\n32 Repeal of Acts ............................................................................... 16\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 10 February 2026\n____________________\nLEGACY MINES REMEDIATION ACT 2023\nAn Act to provide for the Mining Remediation Fund, payment of the\nmining remediation levy, the remediation of legacy mine sites and\nlegacy mine features and for related purposes\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Legacy Mines Remediation Act 2023.\n2 Commencement\n(1) Subject to subsection (2), this Act commences on the day fixed by\nthe Administrator by Gazette notice.\n(2) If a provision of this Act does not commence before\n16 October 2025, it commences on that day.\n3 Definitions\nIn this Act:\nauthorised person means a person authorised under section 16.\nengineered feature means a feature of land that is engineered for\na purpose related to a mining activity.\nExamples for definition engineered feature include the following:\n1 Waste rock dumps.\n2 Dam walls.\n3 Pits.\n4 Portals.\n5 Shafts.\n6 Tailings storage facilities.\nenvironment, see section 6 of the Environment Protection\nAct 2019.\n\nPart 1 Preliminary matters\nLegacy Mines Remediation Act 2023 2\nenvironmental harm, see section 7 of the Environment Protection\nAct 2019.\nenvironmental (mining) licence, see section 4 of the Environment\nProtection Act 2019.\nFund means the Mining Remediation Fund continued under\nsection 7.\ninfrastructure includes buildings, conveyors, fences, processing\nfacilities, pipelines, roads, storage tanks, wharfs, workers camps\nand workshops.\nland means land within the jurisdictional limits of the Territory and\nincludes waters within those limits.\nlegacy mine feature, see section 5.\nlegacy mine site, see section 4.\nlegacy mines officer means a person who is appointed as a\nlegacy mines officer under section 23.\nlevy means the mining remediation levy mentioned in section 12.\nmining activity, see section 13A of the Environment Protection\nAct 2019.\nmining operator, see section 4 of the Environment Protection\nAct 2019.\nmining security, see section 4 of the Environment Protection\nAct 2019.\nmining site, see section 4 of the Environment Protection Act 2019.\nplant includes appliances, equipment, implements, machinery,\npressure vessels, scaffolding and tools, any component of the plant\nand anything fitted or connected to the plant.\npremises includes plant and infrastructure and the land on which\nthe premises are situated.\nRanger Project Area, see section 5(1) of the Atomic Energy\nAct 1953 (Cth)\nremediation activity, see section 9(2).\nreserved legacy mine site means a legacy mine site declared to\nbe a reserved legacy mine site under section 14.\n\nPart 1 Preliminary matters\nLegacy Mines Remediation Act 2023 3\nwaste, see section 4(1) of the Waste Management and Pollution\nControl Act 1998.\nNote for section 3\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n4 Legacy mine site\n(1) For this Act, a legacy mine site is an area of land:\n(a) on which mining activities have been carried out but no mining\nsecurity is held under Part 7, Division 1A of the Environment\nProtection Act 2019 in relation to those activities; and\n(b) in respect of which there is no current:\n(i) extractive mineral lease; or\n(ii) extractive mineral permit; or\n(iii) mineral authority; or\n(iv) mineral lease; or\n(v) non-compliant existing interest.\n(2) Despite subsection (1), the Ranger Project Area is not a legacy\nmine site.\n(3) In this section:\nextractive mineral lease, see section 54(1) of the Mineral Titles\nAct 2010.\nextractive mineral permit, see section 50(1) of the Mineral Titles\nAct 2010.\nmineral authority, see section 118(2) of the Mineral Titles\nAct 2010.\nmineral lease, see section 40(1) of the Mineral Titles Act 2010.\nnon-compliant existing interest, see section 204(1) of the Mineral\nTitles Act 2010.\n\nPart 2 Mining Remediation Fund\nLegacy Mines Remediation Act 2023 4\n5 Legacy mine feature\nA legacy mine feature is any plant, infrastructure, engineered\nfeature or other feature that:\n(a) was built or used to carry out a mining activity; and\n(b) is no longer used to carry out a mining activity; and\n(c) in relation to which no mining security is held under Part 7,\nDivision 1A of the Environment Protection Act 2019; and\n(d) is not in the Ranger Project Area.\n6 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 6\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\nPart 2 Mining Remediation Fund\n7 Mining Remediation Fund\n(1) The Mining Remediation Fund established under the Mining\nManagement Act 2001 is continued.\n(2) Any interest on money held in the Fund is to be paid into the Fund.\n(3) The regulations may prescribe matters in relation to the Fund.\n8 Purpose of Fund\n(1) The purpose of the Fund is to hold money in trust to be used by the\nAgency in connection with:\n(a) minimising or remediating environmental harm caused by\nmining activities carried out on legacy mine sites or by legacy\nmine features; and\n(b) conducting investigations and research related to\nenvironmental harm caused by mining activities carried out on\nlegacy mine sites or by legacy mine features.\n\nPart 2 Mining Remediation Fund\nLegacy Mines Remediation Act 2023 5\n(2) To avoid doubt, money held in the Fund must not be used to carry\nout a remediation activity in relation to:\n(a) environmental harm caused by a mining activity for which\nmining security is held; or\n(b) environmental harm caused by a legacy mine feature on a\nmining site if the mining operator for the site caused or\ncontributed to the harm.\n9 Payments from Fund\n(1) This section does not limit the purposes for which money in the\nFund may be used under section 8(1).\n(2) Payments may be made from the Fund for costs and expenses\nincurred in relation to any of the following activities (each a\nremediation activity):\n(a) investigating the condition of a legacy mine site or legacy mine\nfeature or anything on, in or near a legacy mine site or legacy\nmine feature;\n(b) assessing any risk of environmental harm related to a legacy\nmine site or a legacy mine feature;\n(c) decommissioning, removing, destroying, modifying or making\nsafe any legacy mine feature;\n(d) monitoring, mitigating, managing, removing, treating or\ncleaning up any waste or other materials, including water, on a\nlegacy mine site or land affected by mining activities carried\nout on a legacy mine site or by a legacy mine feature;\n(e) maintaining, managing, repairing, improving or monitoring the\ncondition of land affected by mining activities carried out on a\nlegacy mine site or by a legacy mine feature, including the\nfollowing:\n(i) physically stabilising terrain;\n(ii) revegetating the land;\n(iii) restoring ecosystem functions on the land;\n(f) mitigating, managing, removing or monitoring any risks to\npublic health or safety or to the environment caused by mining\nactivities carried out on a legacy mine site or by a legacy mine\nfeature.\n\nPart 3 Mining remediation levy\nLegacy Mines Remediation Act 2023 6\n(3) Payments may be made from the Fund for costs and expenses\nincurred in relation to any of the following:\n(a) conducting research or scientific studies in relation to\nenvironmental harm, or the remediation of environmental\nharm, caused by mining activities carried out on a legacy mine\nsite and by legacy mine features;\n(b) providing incentives to parties to facilitate the carrying out of\nremediation activities in relation to legacy mine sites and\nlegacy mine features;\n(c) consulting with persons who are or may be affected by legacy\nmine sites, legacy mine features or remediation activities\nrelated to legacy mine sites or legacy mine features;\n(d) legal and audit services required to manage legacy mine sites\nand legacy mine features.\n10 Annual statement\n(1) For each financial year, the Chief Executive Officer must prepare\nan annual statement on the operation of the Fund during that year.\n(2) The statement must contain details about:\n(a) the specific purposes for which money has been paid out; and\n(b) the activities carried out for those purposes; and\n(c) any other information prescribed by regulation.\n(3) The Chief Executive Officer must publish the statement on the\nAgency's website by no later than 31 October following the end of\nthe financial year.\nPart 3 Mining remediation levy\n11 Application of Part\nThis Part does not apply in relation to a mining operator who carries\nout mining activities under an environmental (mining) licence\nrelating to the Ranger Project Area.\n12 Mining remediation levy\n(1) The mining remediation levy is a tax in relation to mining activities\nthat is levied for the purpose of providing revenue:\n(a) for the Fund; and\n\nPart 4 Legacy mine sites and legacy mine features\nLegacy Mines Remediation Act 2023 7\n(b) for the effective administration of this Act.\n(2) The regulations may provide for matters in relation to the levy.\n13 Amount and payment of levy\n(1) A mining operator who carries out mining activities under an\nenvironmental (mining) licence must pay an annual levy in\naccordance with this section and the regulations.\n(2) Subject to subsection (4), the annual levy is equal to 1% of the\nmining security provided by the operator.\n(3) The Minister may, by Gazette notice, determine the minimum levy\namount that is payable under this Act.\n(4) If the amount of the levy for an operator under subsection (2) is less\nthan the minimum levy amount under subsection (3), the operator is\nnot required to pay the levy.\n(5) The levy is non-refundable.\n(6) A mining operator commits an offence if the mining operator:\n(a) is required to pay the levy under this section; and\n(b) fails to pay the levy as required.\nMaximum penalty: 200 penalty units.\n(7) An offence against subsection (6) is an offence of strict liability.\n(8) Any part of the levy that is not paid as required by this section is a\ndebt due and payable to the Territory and may be recovered in a\ncourt of competent jurisdiction.\nPart 4 Legacy mine sites and legacy mine features\n14 Reserved legacy mine sites\n(1) The Minister may, by Gazette notice, declare a legacy mine site to\nbe a reserved legacy mine site:\n(a) if the Minister is satisfied any criteria prescribed by the\nregulations are met; and\n\nPart 5 Remediation activities\nLegacy Mines Remediation Act 2023 8\n(b) after following any procedures prescribed by regulation.\nNote for subsection (1)\nSection 64A of the Mineral Titles Act 2010 provides that an application for a\nmineral title may not be made for land that is a reserved legacy mine site.\n(2) The regulations may provide for matters relating to the declaration\nof a reserved legacy mine site, including any of the following:\n(a) the form and content of declarations;\n(b) submissions that may be made about intended declarations;\n(c) the persons who must be given a copy of declarations.\n(3) A declaration under subsection (1) cannot be challenged in any\nlegal proceedings commenced later than 6 months after the date\nthe declaration is published in the Gazette.\n15 Registers\n(1) The Chief Executive Officer must maintain a public register of\nreserved legacy mine sites.\n(2) The Chief Executive Officer may maintain a public register of legacy\nmine features and legacy mine sites that are not reserved legacy\nmine sites.\n(3) The regulations may prescribe the information to be kept on a\nregister, if any.\nPart 5 Remediation activities\n16 Authorisation to carry out remediation activity\n(1) The Minister may authorise a person to:\n(a) carry out a specified remediation activity on or in relation to a\nlegacy mine site or a legacy mine feature; and\n(b) to enter land or premises for the purpose of carrying out the\nremediation activity.\nNote for subsection (1)\nAn environmental (mining) licence is not required to carry out an activity that is\nauthorised under this subsection. See section 124B(4) of the Environment\nProtection Act 2019.\n(2) An authorised person is not permitted to enter residential premises\nunder this Act.\n\nPart 5 Remediation activities\nLegacy Mines Remediation Act 2023 9\n(3) An authorised person may only enter land or premises:\n(a) with the consent of the owner or occupier of land or premises;\nor\n(b) if the person gives at least 10 business days prior written\nnotice to the owner or occupier of the land or premises; or\n(c) in an emergency, if there is a risk of environmental harm if a\nremediation activity is not carried out immediately.\n(4) An authorised person entering land or premises under\nsubsection (3)(c) must:\n(a) if possible, give oral notice of the entry to the owner or\noccupier of the land or premises as soon as possible before,\non or after that entry; and\n(b) give written notice of the entry to the owner or occupier within\n10 business days after that entry or the giving of the oral\nnotice, whichever comes first.\n(5) The notice under subsection (3)(b) or (4) must inform the owner or\noccupier of the land or premises of the matters prescribed by\nregulation.\n(6) An authorised person may enter land or premises under this section\nwith the assistants the person considers necessary to carry out the\nauthorised remediation activity.\n17 Powers on entry\n(1) An authorised person may, on entering land or premises under the\nauthorisation, take the action that is reasonably required to carry\nout the authorised remediation activity.\n(2) Without limiting subsection (1), the authorised person may do any\nof the following to carry out the authorised remediation activity:\n(a) inspect the land or premises and anything found there;\n(b) dig up any land, carry out any works and operate any\nmachinery or equipment on the land or premises;\n(c) bring equipment, machinery and materials onto the land or\npremises and install and maintain any equipment, machinery\nor materials;\n(d) take photographs and make sketches or other records of the\nland or premises;\n\nPart 5 Remediation activities\nLegacy Mines Remediation Act 2023 10\n(e) measure anything, or take samples of anything, on the land or\npremises.\n18 Duties on entry\nAn authorised person:\n(a) must take reasonable steps to minimise disruption to the\nowner or occupier of land or premises caused by the entry to\nthe land or premises and the carrying out of an authorised\nremediation activity; and\n(b) must not remain on the land or premises any longer than is\nreasonably necessary to carry out the authorised remediation\nactivity.\n19 Offence to obstruct\n(1) A person commits an offence if:\n(a) the person intentionally engages in conduct; and\n(b) the conduct obstructs an authorised person from carrying out\na remediation activity that is authorised under this Part and the\nperson is reckless in relation to that result.\nMaximum penalty: 200 penalty units or imprisonment for\n12 months.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant took reasonable steps and exercised\ndue diligence to prevent the commission of the offence.\n(3) The defendant has a legal burden of proof in relation to a matter\nmentioned in subsection (2).\n(4) In this section:\nobstruct includes hinder and resist.\n20 Remediation activity without prescribed statutory approval\n(1) Subject to sections 21 and 22, an authorisation under section 16\nmay authorise a person to carry out a remediation activity without\nobtaining a statutory approval of a kind prescribed by regulation\nthat would ordinarily be required to carry out the activity.\n(2) Despite any provision in any Act to the contrary, the person may\ncarry out the activity without obtaining the statutory approval.\n\nPart 5 Remediation activities\nLegacy Mines Remediation Act 2023 11\n(3) The person incurs no liability to a penalty under the Act governing\nthe statutory approval for complying with subsection (2).\n(4) Subsections (2) and (3) have effect despite anything to the contrary\nin the Act governing the statutory approval.\n21 Notice to prescribed statutory decision-maker of proposed\nauthorisation under section 16\n(1) The Minister must take action under subsection (2) if:\n(a) the Minister proposes to grant an authorisation to a person\nunder section 16; and\n(b) but for section 20, a statutory approval would be required for\nthat activity; and\n(c) section 22 does not apply in relation to the proposed\nauthorisation.\n(2) The Minister must:\n(a) give notice of the proposed authorisation to the statutory\ndecision-maker responsible for granting the statutory approval;\nand\n(b) consider any written comments received within the time\nspecified in the notice from the statutory decision-maker.\n(3) The notice must be given before the Minister gives an authorisation\nunder section 16.\n(4) The time specified in the notice must be at least 10 business days.\n22 Notice to prescribed statutory decision-maker of authorisation\nunder section 16 – imminent risk of environmental harm\n(1) The Minister must take an action under subsection (2) if:\n(a) the Minister believes on reasonable grounds that:\n(i) there is a serious and imminent risk of environmental\nharm caused by mining activities carried out on a legacy\nmine site or a legacy mine feature; and\n(ii) a remediation activity must be carried out immediately to\nalleviate that risk; and\n(b) the Minister authorises a person to carry out the activity under\nsection 16; and\n\nPart 6 Legacy mines officers\nLegacy Mines Remediation Act 2023 12\n(c) but for section 20, a statutory approval would be required for\nthat activity.\n(2) The Minister must:\n(a) give notice of the authorisation to the statutory decision-maker\nresponsible for granting the statutory approval as soon as\npracticable after granting the authorisation; and\n(b) consider any written comments received from the statutory\ndecision-maker within the time specified in the notice.\nPart 6 Legacy mines officers\n23 Appointment of legacy mines officer\n(1) The Chief Executive Officer may, in writing, appoint a person to be\na legacy mines officer.\n(2) The appointment of a legacy mines officer may be subject to\nconditions specified in the instrument of appointment.\n(3) The Chief Executive Officer must be satisfied that a person\nappointed under this section has the appropriate competencies or\nadequate experience required for the performance of functions as a\nlegacy mines officer.\n(4) A legacy mines officer may perform the functions and exercise the\npowers that are imposed or conferred on the officer under this Act.\n24 Identity cards\n(1) The Chief Executive Officer must give a legacy mines officer an\nidentity card stating the person's name and that the person is a\nlegacy mines officer.\n(2) The identity card must:\n(a) display a recent photograph of the legacy mines officer; and\n(b) state the card's date of issue and expiry (if applicable); and\n(c) be signed by the officer.\n(3) This section does not prevent the issue of a single identity card to a\nperson for this and another Act.\n\nPart 6 Legacy mines officers\nLegacy Mines Remediation Act 2023 13\n(4) A legacy mines officer to whom a card is issued who is exercising a\npower or performing a function under this Act must produce the\ncard for inspection if requested to do so by any person affected by\nthe exercise of the power or the exercise of the function.\n(5) A person who ceases to be a legacy mines officer must return the\nperson's identity card to the Chief Executive Officer within\n15 business days after ceasing to be a legacy mines officer.\nMaximum penalty: 20 penalty units.\n(6) An offence against subsection (5) is an offence of strict liability.\n25 Functions of legacy mines officer\nSubject to the conditions of a legacy mines officer's appointment, a\nlegacy mines officer has the following functions:\n(a) to inspect, audit and investigate legacy mine sites and legacy\nmine features and land affected by a legacy mine site or a\nlegacy mine feature to assess:\n(i) risks of environmental harm; and\n(ii) whether any remediation activities should be taken in\nrelation to the legacy mine site or legacy mine feature;\n(b) to consult with owners or occupiers of the following:\n(i) land that is a legacy mine site and any premises on the\nland;\n(ii) land or premises that is, or on which there is, a legacy\nmine feature;\n(iii) land or premises affected by a legacy mine site or legacy\nmine feature or a remediation activity that is being or\nmay be carried out in relation to a legacy mine site or\nlegacy mine feature;\n(c) to ensure that remediation activities are undertaken to prevent\nor reduce environmental harm or the risk of environmental\nharm caused by legacy mine sites and legacy mine features;\n(d) to receive and investigate complaints about legacy mine sites\nand legacy mine features;\n(e) to provide advice and information to the Minister, the Chief\nExecutive Officer, persons involved in mining activities and the\npublic about legacy mine sites and legacy mine features.\n\nPart 6 Legacy mines officers\nLegacy Mines Remediation Act 2023 14\n26 Powers of legacy mines officer\n(1) Subject to this Act, a legacy mines officer may do the following:\n(a) subject to subsection (2), enter and inspect any of the\nfollowing at any reasonable time, with the assistants the officer\nconsiders necessary, but not so as to unnecessarily impede or\nobstruct activities being carried out on land or premises being\nentered or inspected:\n(i) land that is a legacy mine site and any premises on the\nland;\n(ii) land or premises that is, or on which there is, a legacy\nmine feature;\n(iii) land or premises affected by a legacy mine site or legacy\nmine feature or a remediation activity that is being or\nmay be carried out in relation to a legacy mine site or\nlegacy mine feature;\n(b) require the assistance of a person, including the owner or\noccupier of the land or premises, a mining operator carrying\nout mining activities on the land or any contractor or worker of\nthe operator, to obtain access to parts of the land or premises\nor to information necessary to enable the legacy mines officer\nto perform the officer's functions;\n(c) require a person to provide information that is reasonably\nnecessary to assist the legacy mines officer to perform a\nfunction under this Act.\n(2) A legacy mines officer may enter land or premises under\nsubsection (1)(a) only after giving prior written notice of the entry to\nthe owner or occupier of the land or premises.\n(3) The power of a legacy mines officer to enter land or premises under\nsubsection (1)(a) may be exercised, despite:\n(a) the land being, or the premises being on, Aboriginal land; and\n(b) the officer not holding a permit under the Aboriginal Land\nAct 1978 to enter or remain on Aboriginal land.\n(4) A person given a requirement under subsection (1) commits an\noffence if the person fails to comply with the requirement.\nMaximum penalty: 100 penalty units.\n(5) An offence against subsection (4) is an offence of strict liability.\n\nPart 7 Miscellaneous matters\nLegacy Mines Remediation Act 2023 15\n(6) It is a defence to a prosecution for an offence against\nsubsection (4) if the defendant establishes a reasonable excuse.\n(7) The defendant has a legal burden of proof in relation to a matter\nmentioned in subsection (6).\n27 Obstruction of legacy mines officer\n(1) A person commits an offence if:\n(a) the person intentionally obstructs another person; and\n(b) the other person is a legacy mines officer; and\n(c) the legacy mines officer is acting in an official capacity and the\nperson has knowledge of that circumstance.\nMaximum penalty: 200 penalty units or imprisonment for\n12 months.\n(2) Strict liability applies to subsection (1)(b).\n(3) In this section:\nacting in an official capacity, in relation to a legacy mines officer,\nmeans the officer is exercising powers or performing functions\nunder, or otherwise related to the administration of, this Act.\nobstruct includes hinder and resist.\nPart 7 Miscellaneous matters\n28 Minister may request information\n(1) The Minister may give the operator for a mining site a written notice\nrequiring the operator to provide the Minister with specified\ninformation about a legacy mine feature located on the mining site\nwithin the time specified in the notice.\n(2) An operator given a notice under subsection (1) commits an offence\nif the operator fails to comply with the notice.\nMaximum penalty: 50 penalty units.\n(3) An offence against subsection (2) is an offence of strict liability.\n\nPart 8 Repeals\nLegacy Mines Remediation Act 2023 16\n29 Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function as any of the following:\n(a) the Chief Executive Officer;\n(b) a legacy mines officer;\n(c) a person assisting a legacy mines officer under\nsection 26(1)(a).\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\n(3) In this section:\nexercise of a power includes the purported exercise of the power.\nperformance of a function includes the purported performance of\nthe function.\n30 Delegation\n(1) The Minister may delegate any of the Minister's powers or functions\nunder this Act to the Chief Executive Officer or a person.\n(2) The Chief Executive Officer may delegate any of the Chief\nExecutive Officer's powers or functions under this Act to a person.\n31 Regulations\nThe Administrator may make regulations under this Act.\nNote for section 31\nSee section 65 of the Interpretation Act 1978.\nPart 8 Repeals\n32 Repeal of Acts\nThe following Acts are repealed:\n(a) Mining Management Act 2001 (Act No. 43 of 2001);\n(b) Mining Management Amendment Act 2011 (Act No. 35 of\n2011);\n\nPart 8 Repeals\nLegacy Mines Remediation Act 2023 17\n(c) Mining Management Amendment Act 2013 (Act No. 22 of\n2013).\n\nENDNOTES\nLegacy Mines Remediation Act 2023 18\nENDNOTES\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nLegacy Mines Remediation Act 2023 (Act No. 35, 2023)\nAssent date 6 December 2023\nCommenced 1 July 2024 (Gaz G10, 9 May 2024, p 1)\nStatute Law Revision and Repeals Act 2026 (Act No. 3, 2026)\nAssent date 9 February 2026\nCommenced 10 February 2026 (s 2)\n3 LIST OF AMENDMENTS\ns 4 amd No. 3, 2026, s 64\npt 9 hdg rep No. 35, 2023, s 36\npt 9\ndiv 1 hdg rep No. 35, 2023, s 36\nss 33 – 34 rep No. 35, 2023, s 36\npt 9\ndiv 2 hdg rep No. 35, 2023, s 36\ns 35 rep No. 35, 2023, s 36\npt 9\ndiv 3 hdg rep No. 35, 2023, s 36\ns 36 rep No. 35, 2023, s 36\nsch rep No. 35, 2023, s 36","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as stated in the long title: providing for the Mining Remediation Fund, payment of the mining remediation levy, and remediation of legacy mine sites. The 2026 amendments shown in the endnotes appear to be minor technical/statute law revision changes (section 4 amended) and repeals of transitional provisions (Part 9), rather than substantive expansion of scope."},"complexity_factors":["Multiple cross-references to other NT Acts (Environment Protection Act 2019, Mineral Titles Act 2010, Waste Management and Pollution Control Act 1998, Aboriginal Land Act 1978, Atomic Energy Act 1953 (Cth)) requiring external knowledge to fully interpret definitions and exclusions","Nested conditional logic for entry powers: different notice requirements depending on consent, 10-day notice, or emergency circumstances (sections 16(3), 16(4))","Dual pathways for bypassing statutory approvals with different procedural requirements (sections 21 vs 22) depending on whether risk is 'imminent' or not","Strict liability offences mixed with fault-based offences requiring careful parsing of mental elements (sections 19, 26, 27, 28)","Specific exclusion of Ranger Project Area from multiple definitions and levy obligations, creating a carve-out that must be tracked across Parts","Definition of 'legacy mine site' requires checking four negative conditions (no security held, no current lease/permit/authority/non-compliant interest) plus explicit exclusion","Delegated legislative power: significant operational detail left to regulations (minimum levy amount, criteria for reserved sites, register contents, prescribed statutory approvals)"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a system to clean up old, abandoned mines in the Northern Territory—known as \"legacy mines\"—that are causing or threatening to cause environmental damage. It establishes a dedicated fund to pay for remediation work, funded by a levy on current mining operators.\n\n**Key parts explained:**\n\n- **The Mining Remediation Fund:** A trust fund that holds money to investigate, clean up, and repair environmental damage from abandoned mine sites and old mining equipment (like waste dumps, dams, and shafts). The fund can also pay for research and community consultation.\n\n- **Who pays:** Current mining operators must pay an annual levy (1% of their mining security deposit, with a minimum threshold set by the Minister). This is essentially a tax on today's miners to pay for yesterday's messes. The Ranger uranium mine is specifically excluded from paying this levy.\n\n- **What counts as a \"legacy mine\":** Any land where mining happened but there's no longer an active mining licence or security bond held by the government. It excludes the Ranger Project Area (the uranium mine near Kakadu).\n\n- **Powers to enter and fix problems:** Authorised officers can enter land (including Aboriginal land without needing a separate permit) to inspect, assess risks, and carry out remediation work. They can dig, build, remove waste, and take samples. In emergencies, they can enter immediately without the usual 10-day notice.\n\n- **Bypassing normal approvals:** For urgent environmental threats, the Minister can authorise remediation work without waiting for the usual planning or environmental approvals that would normally be required.\n\n- **Legacy mines officers:** Special officers are appointed to inspect sites, investigate complaints, and ensure cleanup happens. They carry ID cards and have significant powers to demand information and access.\n\n- **Offences:** It's a crime to obstruct officers or authorised remediation workers (up to 200 penalty units or 12 months jail), or to fail to pay the levy (200 penalty units).\n\n**Why it matters:**\n\nThe Northern Territory has numerous abandoned mines from past operations where companies have walked away or gone bust, leaving toxic waste, unstable structures, and contaminated land. This law ensures there's money available to fix these problems and gives the government strong powers to act quickly when there's an environmental threat—without having to track down the original mining company or wait for complex approval processes."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Endnotes record amendments (Statute Law Revision and Repeals Act 2026) including an amendment to s 4 and the repeal of the Mining Management Act 2001 and related amending Acts. Those changes alter the statutory context and definitions that determine which land and features qualify as legacy mine sites and how the Fund and administrative arrangements operate, thereby changing the Act's practical scope from its original 2023 enactment."},"complexity_factors":["Extensive cross‑references to other statutes that determine key definitions and obligations (Environment Protection Act 2019; Mineral Titles Act 2010) — see definitions and ss 3–5.","Levy design tied to 'mining security' with a ministerial minimum, non‑refundability, strict liability offence and civil recovery — see ss 12–13(2)–(8).","Wide ministerial discretion to authorise remediation activities, declare reserved legacy mine sites and to accept or override usual statutory approvals — see ss 14, 16, 20–22.","Entry and operational powers for authorised persons including notice rules, emergency entry, powers to dig, sample and install equipment, and duties to minimise disruption — see ss 16–18, 17.","Appointment and powers of legacy mines officers to inspect, compel assistance and information, and enter land (including Aboriginal land without an Aboriginal Land Act permit) — see ss 23–26(1),(3).","Criminal and civil enforcement settings with strict liability offences, high penalty units and imprisonment options for obstruction and non‑compliance — see ss 19, 26(4)–(5), 27, 13(6).","Fund usage limits and exclusions (money may not be used where mining security is held or where the operator caused the harm) affect incentives and who ultimately pays for remediation — see s 8(2).","Many operational details, thresholds and processes are deferred to regulations or ministerial/gazette notices, increasing reliance on subordinate instruments — see ss 7(3), 11(2), 13(3), 14(2), 15(3), 31, 30.","Repeal and continuity mechanics: the Act continues the Mining Remediation Fund established under the Mining Management Act 2001 while also repealing that Act and related amendments, altering the prior regulatory framework — see s 7(1) and s 32; endnotes note amendments to s 4.","Power to authorise remediation without obtaining statutory approvals of other Acts (and to exclude liability under those approval regimes) creates inter‑agency coordination and legal interface issues — see ss 20–22."],"plain_english_summary":"Sets up and continues a Mining Remediation Fund to pay for investigating and remediating environmental harm from legacy mine sites and legacy mine features. Mining operators holding environmental (mining) licences fund the scheme through an annual levy (normally 1% of their mining security, subject to a ministerial minimum and some exclusions).\n\nThe Minister may authorise remediation works (including entering land and, in certain cases, overriding other statutory approvals). The Chief Executive and appointed legacy mines officers run inspections, registers and enforcement, creating information, access and compliance obligations."}},"importantCases":[],"_links":{"self":"/api/acts/legacy-mines-remediation-act-2023","history":"/api/acts/legacy-mines-remediation-act-2023/history","analysis":"/api/acts/legacy-mines-remediation-act-2023/analysis","conflicts":"/api/acts/legacy-mines-remediation-act-2023/conflicts","importantCases":"/api/acts/legacy-mines-remediation-act-2023/important-cases","documents":"/api/acts/legacy-mines-remediation-act-2023/documents"}}