{"id":"mining-act-1971","name":"Mining Act 1971","slug":"mining-act-1971","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105965,"registerId":"sa-mining-act-1971-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Div 2","sectionType":"division","heading":"Mortgages","content":"Division 2—Mortgages\n15AC\tMortgages\n15AD\tApplication to court to challenge aspects of mortgages\n","sortOrder":0},{"sectionNumber":"Div 3","sectionType":"division","heading":"Caveats","content":"Division 3—Caveats\n15AE\tCaveats\n15AF\tApplication to Warden's Court to lapse caveat or obtain compensation\nDivision 4—Other dealings\n15AG\tOther dealings\nDivision 5—Protection from liability\n15AH\tProtection from liability\nDivision 6—Information\n15AI\tInterpretation\n15AJ\tCompilation, keeping and provision of material\n15AK\tTests\n15AL\tRelease of material\nPart 3—Reservation of minerals and royalty\n16\tReservation of minerals\n17\tRoyalty\n17A\tReduced royalty for new mines\n17AB\tRoyalty for private mines\n17AC\tNotification of relevant event\n17B\tAssessments by Treasurer\n17C\tRecovery of royalty where appeal lodged\n17CA\tReturns\n17D\tWhen royalty falls due (general principles)\n17DA\tSpecial principles relating to designated tenement holders\n17E\tPenalty for unpaid royalty\n17F\tProcessed minerals\n17G\tMeans of payment\n18\tPassing of property in minerals\nPart 4—Prospecting for minerals\n20\tGeneral right to prospect for minerals\n21\tSteps to establish a mineral claim\n23\tArea of claim\n24\tRegistration of claim\n24A\tClaim may lapse\n25\tRights conferred by ownership of mineral claim\n26\tMineral claim not transferable etc\n27\tLand not to be subject to successive mineral claims\nPart 5—Exploration licence\n28\tPreliminary\n29\tNature of exploration licence\n29A\tApplication for exploration licence\n29B\tGrant of exploration licence\n30\tIncidents of licence\n30AAA\tExpenditure\n30AA\tArea of licence\n","sortOrder":1},{"sectionNumber":"30A","sectionType":"section","heading":"Term and renewals of licence","content":"30A\tTerm and renewals of licence\n30AB\tExcise of land for public purposes\n31\tFee\n33A\tMinister may describe or delineate land in any manner\n33B\tRetention status\nPart 6—Mining leases\n34\tPreliminary\n35\tNature of mining lease\n36\tApplication for mining lease\n37\tApproval of application and registration\n38\tTerm and renewal of mining lease\nPart 7—Retention leases\n42\tPreliminary\n43\tNature of retention lease\n44\tApplication for retention lease\n45\tApproval of application and registration\n46\tTerm and renewal of retention lease\nPart 8—Miscellaneous purposes licences\n47\tPreliminary\n48\tNature of miscellaneous purposes licence\n49\tApplication for miscellaneous purposes licence\n50\tApproval of application and registration\n51\tTerm and renewal of miscellaneous purposes licence\nPart 8A—Special mining enterprises\n56A\tObject of this Part\n56B\tSpecial mining enterprises\n56BA\tConcept phase\n56BB\tApplication phase\n56C\tPower to exempt from or modify Act\n56D\tExisting tenements\nPart 8B—Common provisions\nDivision 1—Identifying areas and considering applications\n56E\tIdentification of areas\n56F\tRelated environmental legislation\n56G\tSpecially protected areas\nDivision 2—Notice\n56H\tNotice\nDivision 3—Terms and conditions\n56I\tMatters to be considered\n56J\tAlteration of terms and conditions\n56K\tSpecial term or condition relating to extractive minerals\n56L\tOffence to contravene term or condition\nDivision 4—Rental\n56M\tRental\n56N\tDebt payable to Crown\nDivision 5—Rectification of boundaries\n56O\tRectification of boundaries\nDivision 6—Amalgamation of areas\n56P\tAmalgamation of areas\nDivision 7—Change in operations\n56Q\tPreliminary\n56R\tApplication\n56S\tConsultation\n56T\tConsideration of proposal\n56U\tTerms and conditions\n56V\tRegistration\nDivision 8—Cancellation, suspension and surrender\n56W\tCancellation and suspension—action by Minister\n56X\tSurrender on application\nDivision 9—Extension of term or reinstatement of tenement\n56Y\tExtension of term of tenement\n56Z\tReinstatement of tenement\nDivision 10—Assessment reports\n56ZA\tAssessment reports\nPart 9—Entry upon land, compensation and restoration\n57\tEntry on land\n58\tHow entry on land may be authorised\n58A\tNotice requirements\n61\tCompensation\n62\tBond and security\n62AA\tMining Rehabilitation Fund\n62A\tRight to require acquisition of land\n63\tExtractive Areas Rehabilitation Fund\nPart 9B—Native title land\nDivision 1—Exploration\n63F\tQualification of rights conferred by exploration authority\n63G\tExploration rights to be held in escrow in certain circumstances\nDivision 2—Production\n63H\tLimits on grant of production tenement\n63I\tApplications for production tenements\nDivision 3—Application for declaration\n63J\tApplication for declaration\nDivision 4—Negotiating procedure\n63K\tTypes of agreement authorising mining operations on native title land\n63L\tNegotiation of agreements\n63M\tNotification of parties affected\n63N\tWhat happens when there are no registered native title parties with whom to negotiate\n63O\tExpedited procedure where impact of operations is minimal\n63P\tNegotiating procedure\n63Q\tAgreement\n63R\tEffect of registered agreement\n63S\tApplication for determination\n63T\tCriteria for making determination\n63U\tLimitation on powers of Court\n63V\tEffect of determination\n63W\tMinisterial power to overrule determinations\n63X\tNo re-opening of issues\nDivision 5—Miscellaneous\n63Y\tNon-application of this Part to Pitjantjatjara and Maralinga lands\n63Z\tCompensation to be held on trust in certain cases\n63ZA\tNon-monetary compensation\n63ZB\tReview of compensation\n63ZBA\tMining Native Title Register\n63ZC\tSaving of pre-1994 mining tenements\nPart 10—Warden's Court—general provisions\n64\tEstablishment of Warden's Court\n65\tPowers etc of Warden's Court\n66\tRules of Warden's Court\n66A\tRemoval of cases to ERD Court\n67\tJurisdiction relating to tenements and monetary claims\n70\tForfeiture and transfer of mineral tenement\nPart 10A—Operating approval—program for environment protection and rehabilitation\n70A\tObject of Part\n70B\tPreparation or application of program\n70C\tReview of programs\n70D\tNotice of certain programs\n70DA\tAudit of program\n70DB\tPublication of program\n70DC\tOffences\n70DD\tDevelopment programs to be taken to be approved programs\nPart 10B—Compliance and enforcement\n70E\tPower to direct persons to take action to prevent or minimise environmental harm\n70F\tPower to direct rehabilitation of land\n70FA\tCompliance directions\n70FB\tEmergency directions\n70FC\tContravention of Act\n","sortOrder":2},{"sectionNumber":"70G","sectionType":"section","heading":"Application for review of direction","content":"70G\tApplication for review of direction\n","sortOrder":3},{"sectionNumber":"70H","sectionType":"section","heading":"Action if non‑compliance occurs","content":"70H\tAction if non‑compliance occurs\n70HA\tRestriction of claims\n70HB\tSelf-incrimination\n","sortOrder":4},{"sectionNumber":"Part 10C","sectionType":"part","heading":"Offences and penalties","content":"Part 10C—Offences and penalties\n70HC\tPenalty for illegal mining\n70HD\tObstruction of person authorised to mine etc\n70HE\tCivil penalties\n70HF\tAdditional orders on conviction\n70HG\tContinuing offences\n70HH\tOffences by bodies corporate\n70HI\tTime limits\n70HJ\tSummary offences\n70HK\tEvidentiary provisions\nPart 11—Assistance to mining\n71\tMinister may assist in conduct of operations\n72\tResearch and investigations\n73\tAcquisition of mining equipment\nPart 11B—Private mines\n73C\tInterpretation\n73D\tApplication of Act\n73G\tMine operations plans\n73H\tGeneral duty to avoid undue environmental damage\n73I\tCompliance orders\n73J\tRectification orders\n73K\tRectification authorisations\n73KA\tEmergency order\n73KB\tContravention of Act\n73L\tApplication for review of direction\n73M\tAction if non‑compliance occurs\n73N\tRevocation of private mine\n73O\tEvidentiary provisions\n73R\tPower to correct errors in declarations\nPart 12—Miscellaneous\n74\tCivil remedies\n74AA\tEnforceable voluntary undertakings\n74A\tCompliance orders\n75\tProvision relating to certain minerals\n75A\tAvoidance of double compensation\n78\tPersons under 16 years of age\n79\tMinister may grant exemptions\n79A\tFalse or misleading information\n80\tConditions under which land may be simultaneously subject to more than 1 tenement\n81\tAdditional provisions relating to liability\n82\tDeemed consent or agreement\n83A\tLicence or other right is not personal property for the purposes of Commonwealth Act\n85\tCharge on property if debt due to Crown\n86\tRemoval of machinery etc\n88\tHindering authorised officers\n89A\tOffences and ERD Court\n89B\tPenalties and expiation fees payable into Mining Rehabilitation Fund\n90\tReports and verification of information\n91\tAdministrative penalties\n92\tRegulations\nSchedule—Transitional provisions\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n","sortOrder":5},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThis Act may be cited as the Mining Act 1971.\n6—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nAdelaide Dolphin Sanctuary has the same meaning as in the Adelaide Dolphin Sanctuary Act 2005;\nadvanced exploration operations—see subsection (1a);\nancillary operations means—\n\t(a)\tancillary 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\n\t(b)\toperations which are brought within the ambit of this definition by a determination of the Minister or by the regulations,\nbut does not include operations excluded from the ambit of this definition by a determination of the Minister or by the regulations;\nappropriate court means—\n\t(a)\tthe Supreme Court; or\n\t(b)\tthe ERD Court; or\n\t(c)\tif proceedings do not involve a monetary claim, or a claim for more than $250 000—the Warden's Court;1\nauthorised officer means a person who holds an appointment under section 14;\nauthorised operations means—\n\t(a)\texploration operations; or\n\t(b)\tmining operations; or\n\t(c)\tancillary operations;\nbaseline means the baseline adjacent to the coast of the State (including the coast of any island forming part of the State) for the time being determined under section 7(2)(b) of the Seas and Submerged Lands Act 1973 of the Commonwealth;\nbusiness day means any day except—\n\t(a)\ta Saturday, Sunday or public holiday; or\n\t(b)\ta day which falls between 25 December and 1 January in the following year;\ncouncil 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;\ndeclared equipment means—\n\t(a)\ta trench digger or excavator; or\n\t(ab)\tdrilling equipment within a class prescribed by the regulations; or\n\t(b)\tmechanically driven equipment, equipped with a blade or bucket of a width exceeding 750 mm, capable of ripping, gouging, scooping or digging earth or rock material; or\n\t(c)\tequipment that is capable of digging, boring or tunnelling underground, generally in a horizontal plane, with a cross sectional dimension greater than 750 mm;\ndirector 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;\nthe Director of Mines or the Director means the person assigned by the Minister to exercise the powers and discharge the duties of the officer so designated by this Act;\nenvironment—see subsection (4);\nERD Court means the Environment, Resources and Development Court established under the Environment, Resources and Development Court Act 1993;2\nexempt land means land that is exempt from authorised operations under section 9;\nexploration authority means—\n\t(b)\ta right to prospect for minerals under section 20;\n\t(c)\ta mineral claim;\n\t(d)\tan exploration licence;\n\t(e)\ta retention lease (but only if the mining operations to which the lease relates are limited to exploring);\nexploring or exploration operations means operations of any kind in the course of—\n\t(a)\tprospecting for minerals; or\n\t(b)\texploring for minerals; or\n\t(c)\testablishing the extent of a mineral deposit; or\n\t(d)\tundertaking any other activity brought within the ambit of this definition by a determination of the Minister or by the regulations; or\n\t(e)\tproviding for the rehabilitation of land on account of the impact of any operations under a preceding paragraph,\nincluding 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;\nextractive minerals means sand, gravel, stone, shell, shale or clay, but does not include—\n\t(a)\tany such minerals that are mined for a prescribed purpose; or\n\t(b)\tfire clay, bentonite or kaolin; or\n\t(c)\tproppant sand;\nfossicking means the gathering of minerals—\n\t(a)\tas a recreation; and\n\t(b)\twithout any intention to sell the minerals or to utilise them for a commercial or industrial purpose,\nbut does not include the gathering of minerals by any means involving disturbance of land or water by machinery or explosives;\nlow impact exploration operations—see subsection (1a);\nmachinery means any device operated otherwise than by muscular force exerted by the operator;\nmarine park has the same meaning as in the Marine Parks Act 2007;\nmine means any place in which mining operations are carried out;\nmineral land means any land that is mineral land in consequence of a declaration under this Act;\nmineral tenement means—\n\t(a)\ta claim, lease or licence under this Act; or\n\t(b)\tan entitlement under this Act with respect to a private mine,\n(and includes, if the context so requires, the place that constitutes such a claim, lease, licence or private mine);\nminerals means—\n\t(a)\tany naturally occurring deposit of metal or metalliferous ore, precious stones or any other mineral (including sand, proppant sand, gravel, stone, shell, coal, oil shale, shale and clay); or\n\t(b)\tany metal, metalliferous substance or mineral recoverable from the sea or a natural water supply; or\n\t(c)\tany metal, metalliferous ore or mineral that has been dumped or discarded—\n\t(i)\tin the course of mining operations or operations incidental to mining operations; or\n\t(ii)\tin other prescribed circumstances;\nbut does not include—\n\t(d)\tsoil or moss rocks; or\n\t(e)\tpetroleum or any other substance, the recovery or production of which is governed by the Energy Resources Act 2000;\nmining or mining operations means—\n\t(a)\toperations carried out in the course of prospecting, exploring or mining for minerals; or\n\t(b)\twithout limiting paragraph (a), any operations by which minerals are recovered from any place or situation, including by recovering minerals from the sea or a natural water supply; or\n\t(c)\ton‑site operations undertaken to make minerals recovered from the site a commercially viable product, other operations involving such minerals, or other operations involving minerals brought on to the site of a mine for processing; or\n\t(d)\toperations carried out at a private mine; or\n\t(da)\toperations which are brought within the ambit of this definition by a determination of the Minister or by the regulations; or\n\t(db)\toperations 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\n\t(e)\toperations that are directly related to any operations under a preceding paragraph,\nbut does not include—\n\t(f)\tan investigation or survey under section 15; or\n\t(g)\tfossicking; or\n\t(h)\tthe surface removal of loose rock material disturbed by agricultural operations;\nmining register means the register kept by the Mining Registrar under section 15AA;\na mining registrar means a person appointed as a mining registrar under section 13 and includes the Mining Registrar;\nthe Mining Registrar means a person appointed as the Mining Registrar under section 13 and includes a person who is acting in the position of Mining Registrar;\nMining Rehabilitation Fund or fund means the Mining Rehabilitation Fund established under section 62AA;\nMurray‑Darling Basin has the same meaning as in the Water Act 2007 of the Commonwealth;\nnative title, native title holder and native title land—see Native Title (South Australia) Act 1994;3\nnative title mining determination means a determination authorising a tenement holder to enter land and carry out mining operations on the land under Part 9B;\nopal development area means an area within a precious stones field declared by the Minister under section 8A to be an opal development area;\nowner of land means—\n\t(a)\ta person who holds a registered estate or interest in the land conferring a right to immediate possession of the land; or\n\t(b)\ta person who holds native title in the land; or\n\t(c)\ta person who has, by statute, the care, control or management of the land; or\n\t(d)\ta person who is lawfully in occupation of the land; or\n\t(e)\ta person who holds a licence or permit under the Hydrogen and Renewable Energy Act 2023;\nprecious stones has the same meaning as in the Opal Mining Act 1995;\nprecious stones field means a precious stones field under the Opal Mining Act 1995;\nprivate mine means an area declared to be a private mine under section 19 as in force immediately before 1 September 2000;\nproduction tenement means—\n\t(b)\ta mining lease;\n\t(c)\ta retention lease (if the mining operations to which the lease relates are not limited to exploring);\n\t(d)\tan entitlement under this Act with respect to a private mine;\nproprietor, in relation to a private mine, means a person who was, on the commencement of this Act, divested of property in the minerals for the recovery of which the mine is operated, or a person lawfully claiming under that person;\nprospecting means operations of any kind in the course of exploring for minerals except such as involve the disturbance of land or water by machinery or explosives, and to prospect has a corresponding meaning;\nregistered representative of native title holders—see Part 4 Native Title (South Australia) Act 1994;\nrelated 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;\nrelevant Minister means—\n\t(a)\tin relation to the Adelaide Dolphin Sanctuary—the Minister to whom the administration of the Adelaide Dolphin Sanctuary Act 2005 is committed; or\n\t(b)\tin relation to a marine park—the Minister to whom the administration of the Marine Parks Act 2007 is committed; or\n\t(c)\tin relation to a River Murray Protection Area or the Murray‑Darling Basin—the Minister to whom the administration of the River Murray Act 2003 is committed;\nthe repealed Act means the Mining Act 1930 repealed by this Act;\nRiver Murray Protection Area means a River Murray Protection Area under the River Murray Act 2003;\nroyalty assessment principles means the principles set out in section 17 that apply for the purposes of assessing royalty;\nsenior warden means a warden nominated by the Attorney‑General to be the senior warden of the Warden's Court;\nspecially protected area means—\n\t(a)\tthe Adelaide Dolphin Sanctuary; or\n\t(b)\ta marine park; or\n\t(c)\ta River Murray Protection Area;\nsubsurface stratum means a stratum resulting from the division of mineral land into strata under this Act, being a stratum that lies beneath a surface stratum;\nsurface stratum means a stratum resulting from the division of mineral land into strata under this Act, being a stratum of which the upper surface is the surface of those lands;\ntenement holder, or holder in relation to a mineral tenement, means—\n\t(a)\tthe registered holder of a mineral tenement; or\n\t(b)\tin relation to a private mine—\n\t(i)\tin Part 2A Divisions 1 to 5 (inclusive)—a proprietor of a private mine; or\n\t(ii)\tin any other case—a person carrying out mining operations in relation to a private mine,\nand includes—\n\t(c)\ta person who is prospecting for minerals under section 20; and\n\t(d)\tan executor, administrator or successor at law;\nwarden means a magistrate nominated by the Attorney-General to exercise the jurisdiction and powers of a warden under this Act;\nthe Warden's Court means the Warden's Court constituted under Part 10.\n\t(1a)\tFor the purposes of this Act, exploration operations are classified—\n\t(a)\tas low impact exploration operations, being exploration operations—\n\t(i)\twhich are not reasonably expected to have any significant adverse impact on the environment; or\n\t(ii)\twhich will reduce the impact of such operations on the environment; or\n\t(iii)\twhich are brought within the scope of low impact exploration operations by determination of the Minister or by the regulations,\nthat do not fall within the scope of paragraph (b)(i) or (iii); or\n\t(b)\tas advanced exploration operations, being exploration operations—\n\t(i)\twhich involve the use of declared equipment; or\n\t(ii)\twhich fall outside the scope of paragraph (a)(i) or (iii); or\n\t(iii)\twhich are brought within the scope of advanced exploration operations by determination of the Minister or by the regulations.\n\t(2)\tWhere mineral land is divided into strata under this Act, a reference to land, or an area, shall, where appropriate, be construed as a reference to the surface stratum or a subsurface stratum, as the case may require.\n\t(3)\tAn explanatory note to a provision of this Act forms part of the provision to which it relates.\n\t(4)\tSubject to subsections (5) and (6), environment includes—\n\t(a)\tland, 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\n\t(b)\tbuildings, structures and other forms of infrastructure, and cultural artefacts; and\n\t(c)\texisting or permissible land use; and\n\t(d)\tpublic health, safety or amenity; and\n\t(e)\tthe geological heritage values of an area; and\n\t(f)\tthe aesthetic or cultural values of an area.\n\t(5)\tIn relation to a particular mineral tenement, paragraphs (c) and (e) of subsection (4) apply according to the circumstances existing at the time that the tenement is (or was) granted.\n\t(6)\tSubsection (4) does not apply to or in relation to Parts 9B or 11B.\n\t(7)\tA 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.\n\t(8)\tAny determination of the Minister under this section—\n\t(a)\tmust be published in the Gazette; and\n\t(b)\tmay be varied or revoked by the Minister by a subsequent notice published in the Gazette.\n\t(9)\tA provision of this Act that requires a tenement holder (or prospective tenement holder)—\n\t(a)\tto obtain the agreement or consent of an owner of land; or\n\t(b)\tto give a notice to, or to serve a notice on, an owner of land,\nwill, in relation to a person who is within the ambit of paragraph (c) or (d) of the definition of owner of land, apply—\n\t(c)\tto the extent that the tenement holder (or prospective tenement holder) is aware of such a person; or\n\t(d)\tto the extent that it is reasonable to expect the tenement holder (or prospective tenement holder) to be aware of such a person.\n1\tAll native title questions arising in proceedings before the Warden's Court must be referred to the ERD Court—see Part 3 Native Title (South Australia) Act 1994.\n2\tThe Environment, Resources and Development Court Act 1993 and the Native Title (South Australia) Act 1994 contain provisions under which the ERD Court may refer cases to the Supreme Court, or the Supreme Court may remove cases commenced before the ERD Court into the Supreme Court.\n","sortOrder":6},{"sectionNumber":"3","sectionType":"section","heading":"Part 5 of the Native Title (South Australia) Act 1994 sets out the method of service on native title holders.","content":"3\tPart 5 of the Native Title (South Australia) Act 1994 sets out the method of service on native title holders.\n7—Application of Act\n\t(1)\tExcept as otherwise provided, this Act applies only in respect of mineral land.\n\t(2)\tThe 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.\n\t(2a)\tThe 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.\n\t(2b)\tRoyalty 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.\n\t(3)\tExcept where the operations are being carried out in an opal development area, this Act does not regulate authorised operations for the recovery of precious stones if those operations are carried out under the authority of a permit or tenement issued under the Opal Mining Act 1995.\n8—Declaration of mineral land etc\n\t(1)\tThe Governor may, by proclamation—\n\t(a)\tdeclare any land in the State or any land under coastal waters on the landward side of the baseline to be mineral land; or\n\t(ba)\tdivide mineral land into a surface stratum and one or more subsurface strata and fix the depth of the surface stratum and the depth of any subsurface stratum below which lies any further subsurface stratum resulting from the division; or\n\t(c)\treserve from the operation of this Act, or any provisions of this Act, any land specified in the proclamation,\nand the proclamation shall have effect according to its terms.\n\t(2)\tThe Governor may, by subsequent proclamation, vary or revoke any proclamation made pursuant to this section.\n\t(3)\tThe depth of strata into which mineral land is divided under this section may vary from place to place but, where the mineral land constitutes a precious stones field or part of a precious stones field, the depth of the surface stratum must be at least 50 metres.\n\t(4)\tLand that is subject to a mineral tenement but is on the seaward side of the baseline because of a change in the position of the baseline after the tenement was granted will be taken to be mineral land until it ceases to be subject to the tenement and to all successive tenements (if any).\n\t(5)\tThis Act applies to and in relation to land referred to in subsection (4) to the exclusion of the Offshore Minerals Act 2000.\n\t(6)\tA mineral tenement is a successive tenement in relation to another tenement if—\n\t(a)\tit applies to the same land or to part of the land covered by the other tenement; and\n\t(b)\tit takes effect immediately after the other tenement expires or, where there are two or more successive tenements, immediately after the tenement immediately preceding it expires; and\n\t(c)\tit is granted to the person who held the other tenement.\n\t(7)\tA 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.\n8A—Opal development areas\n\t(1)\tThe Minister may, by notice in the Gazette, declare mineral land within a precious stones field to be an opal development area for the purposes of this Act, and the declaration will have effect according to its terms.\n\t(2)\tA person must not carry out authorised operations in an opal development area except under the authority of an exploration licence or mining lease under this Act.\n\t(3)\tThe Minister may, by subsequent notice in the Gazette, vary or revoke a declaration under subsection (1).\n9—Exempt land\n\t(1)\tSubject to this section—\n\t(a)\tland that is lawfully and genuinely used—\n\t(i)\tas a yard or garden;\n\t(ia)\tas a cultivated field, plantation, orchard or vineyard;\n\t(ii)\tas an airfield, railway or tramway;\n\t(iii)\tas the grounds of a church, chapel, school, hospital or institution; or\n\t(b)\tland that constitutes any parklands or recreation grounds under the control of a council; or\n\t(ba)\tland—\n\t(i)\tthat is dedicated or reserved, pursuant to statute, for the purpose of waterworks; or\n\t(ii)\tthat is vested in the Minister of Public Works for the purpose of waterworks; or\n\t(iii)\tthat is comprised within an easement in favour of the Minister of Public Works; or\n\t(bb)\tland that constitutes a forest reserve under the Forestry Act 1950; or\n\t(c)\tany separate parcel of land of less than 2 000 square metres within any city, town or township; or\n\t(ca)\tland that is situated within a distance prescribed by the regulations for the purposes of this paragraph from infrastructure (other than infrastructure of a prescribed kind) that is being constructed, installed, operated, maintained or decommissioned pursuant to the Hydrogen and Renewable Energy Act 2023; or\n\t(d)\tland that is situated—\n\t(i)\twithin the prescribed distance of a building or structure used as a place of residence (except a building or structure of a class excluded by regulation from the ambit of this paragraph); or\n\t(ii)\twithin 150 metres of—\n\t(A)\ta building or structure, with a value equal to or exceeding the prescribed amount, used for an industrial or commercial purpose; or\n\t(B)\ta spring, well, reservoir or dam,\n(but not if it is an improvement made for the purposes of authorised operations),\nwill be exempt from authorised operations in pursuance of this Act and, unless the benefit of the exemption is waived under section 9AA, no claim, lease or licence will authorise authorised operations on such land (but this section 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)).\n\t(2)\tWhere any land is subject to a claim, lease or licence under this Act and that land would, but for this subsection, be land exempt from authorised operations in pursuance of this Act by reason only of a fact or circumstance occurring or arising subsequent to establishing a claim or an application for a lease or licence, that land shall not be exempt from operations in pursuance of this Act.\n\t(3b)\tThe 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):\n\t(a)\tthe owner of the exempt land;\n\t(b)\tin 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.\n\t(4)\tThis section does not affect any provision of the Pastoral Land Management and Conservation Act 1989 prohibiting or restricting the conduct of authorised operations on lands subject to that Act.\n\t(5)\tIn this section—\nMinister of Public Works means the Minister to whom the administration of the Water Industry Act 2012 is committed;\nprescribed amount means—\n\t(a)\t$2 500; or\n\t(b)\tif a greater amount is prescribed by regulation for the purposes of this definition—that amount;\nprescribed distance means—\n\t(a)\tin relation to low impact exploration operations—200 metres; and\n\t(b)\tin relation to advanced exploration operations or any operations for the recovery of extractive minerals—400 metres; and\n\t(c)\tin relation to any other authorised operations—\n\t(i)\ta distance prescribed by the regulations (which may make different provision according to the circumstances or thing to which it is expressed to apply); or\n\t(ii)\tif no distance is prescribed under subparagraph (i)—600 metres.\n9AA—Waiver of exemption (including cooling‑off)\n\t(1)\tA 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.\n\t(1a)\tIf 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.\n\t(2)\tA notice under subsection (1) or (1a) must be in a form determined or approved by the Minister.\n\t(3)\tAn agreement to waive the benefit of an exemption—\n\t(a)\tmust be in writing; and\n\t(ab)\tmay be made on such terms and conditions as the parties think fit; and\n\t(b)\ttakes effect on the expiry of the cooling‑off period (unless earlier rescinded).\n\t(4)\tAn 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.\n\t(6)\tIf in legal proceedings the question arises whether a notice rescinding an agreement has been given in accordance with this section, the onus of proving the giving of the notice lies on the owner of land rescinding the agreement.\n\t(7)\tIf 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.\n\t(8)\tThe court may refuse to determine an application by a tenement holder under subsection (7) unless the tenement holder satisfies the court that—\n\t(a)\ta notice has been given under subsection (1) or (1a); and\n\t(b)\tthe tenement holder provided the owner of land with information prescribed by the regulations for the purposes of this section; and\n\t(c)\t—\n\t(i)\tin 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\n\t(ii)\tin 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.\n\t(8a)\tIf 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—\n\t(a)\thas the benefit of an exemption under section 9 in respect of the land to which the application relates; and\n\t(b)\thas given notice to the tenement holder under subsection (1a),\nmay apply to the appropriate court for orders under subsection (9).\n\t(9)\tOn an application under this section, the court may make 1 or both of the following orders:\n\t(a)\tan order confirming that the owner of land is entitled to the benefit of an exemption under section 9;\n\t(b)\tif 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).\n\t(10)\tThe court may not make an order for costs against the owner of land unless the court considers that it is appropriate to do so on the ground that the owner—\n\t(a)\thas obstructed or unnecessarily delayed the proceedings; or\n\t(b)\thas failed to attend any proceedings or failed to comply with a rule, order or direction of the court.\n\t(11)\tIf 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.\n\t(12)\tAn agreement or order to waive the benefit of an exemption under this section is binding on—\n\t(a)\tsuccessors in title to those owners of land who had the benefit of the former exemption; and\n\t(b)\tthe 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.\n\t(13)\tSubsections (11) and (12) apply to an agreement to waive an exemption under section 9 entered into before the designated day as if it were an agreement to waive the benefit of an exemption under this section.\n\t(14)\tA tenement holder is liable to indemnify an owner of land—\n\t(a)\tto whom the tenement holder gives a notice under subsection (1); or\n\t(b)\twho gives the tenement holder a notice under subsection (1a); or\n\t(c)\twho 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,\nfor 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.\n\t(14a)\tAn application under this section may be made to the Supreme Court only with the permission of the Court.\n\t(14b)\tIf an agreement is entered into under this section, the tenement holder must give notice of the agreement to the Mining Registrar for registration on the mining register.\n\t(14c)\tNothing 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.\n\t(15)\tIn this section—\nbusiness day means a day other than a Saturday, Sunday or public holiday;\ncooling‑off period, in relation to an agreement with a tenement holder to waive the benefit of an exemption, means the period commencing when the agreement is made and concluding at the end of the fifth clear business day after the day on which the agreement is made;\ndesignated day means a day declared by proclamation to be the designated day for the purposes of this definition;\nrelevant consultation period means the period for public consultation in relation to an application for a mineral tenement under section 56H(3).\n9A—Special declared areas\n\t(1)\tThe Minister may, by notice in the Gazette, declare any land to be exempt from—\n\t(a)\tmining; or\n\t(b)\ta specified class of mining; or\n\t(c)\ta specified provision of this Act; or\n\t(d)\tthis Act, other than any specified provision excluded from the operation of this section by the regulations,\nand the notice will (subject to this section) have effect according to its terms.\n\t(2)\tThe Minister must, as soon as practicable after the publication of a notice under subsection (1), prepare a report on the matter (including an outline of the reasons for the declaration and the expected impact of the declaration) and cause copies of the report to be laid before both Houses of Parliament.\n\t(3)\tThe Minister may, by subsequent notice in the Gazette, vary or revoke a notice under subsection (1).\n\t(4)\tA notice under subsection (1) will not have effect—\n\t(a)\tin relation to a mineral tenement in force at the time that the notice takes effect; or\n\t(b)\tso as to prevent a person applying for (and being granted) a subsequent tenement on account of a right arising under a mineral tenement in force at the time that the notice takes effect; or\n\t(c)\tso as to prevent a person establishing a mineral claim (identified in any manner allowed or approved under this Act) after the notice takes effect on account of a right to carry out exploratory operations under an exploration licence in force at the time the notice takes effect, or under a subsequent tenement under paragraph (b), where the tenement holder has reported to the Director of Mines the discovery on the relevant land of minerals that are potentially capable of economic production (including so as to allow a person to apply for (and being granted) a mineral tenement on account of the establishment of the mineral claim),\nbut otherwise a person does not have a right to apply for a mineral tenement in respect of land subject to the operation of the declaration unless specifically authorised to do so by the Minister (either under the terms of the notice under subsection (1) or under a specific authorisation granted by the Minister in connection with the operation of this section).\n\t(5)\tWhile land is subject to the operation of a declaration under subsection (1), the land, to the extent of the exemption, may be dealt with by the Minister in accordance with this section and to that extent is not subject to the other provisions of this Act.\n\t(6)\tWithout limiting subsection (5), the Minister may, while land is exempt under this section—\n\t(a)\tcall for applications for the grant of such mineral tenements as the Minister determines in respect of the land or any part of the land;\n\t(b)\tdetermine any matter relating to the status or priority of any claim over the land (and, as a result of any such determination, require the removal of any pegs, cancel the operation of any claim, determine not to process any application, or take such other action as the Minister thinks fit);\n\t(c)\tprovide for the management of the land, or any mining right or interest (or potential right or interest) in respect of the land, in such other manner as the Minister thinks fit.\n\t(7)\tIf the Minister calls for applications under subsection (6)(a)—\n\t(a)\ta person applying to the Minister in response to the call must do so in such manner as the Minister may require; and\n\t(b)\tthe Minister may, on reviewing any application received in response to the call—\n\t(i)\tgrant a mineral tenement under this Act, subject to such terms and conditions as the Minister thinks fit; or\n\t(ii)\trefuse the application.\n\t(8)\tA declaration under subsection (1) has effect until it is revoked under subsection (3) or until it expires under subsection (9), whichever first occurs.\n\t(9)\tA declaration under subsection (1) will expire at the end of the period of 2 years from its date of operation unless it is extended for a period or periods, not exceeding 2 years at a time, by further notice published by the Minister in the Gazette.\n\t(10)\tThe Minister must cause copies of a notice of extension published under subsection (9) to be laid before both Houses of Parliament.\n\t(11)\tIf either House of Parliament passes a resolution disallowing a notice laid before it under subsection (10) then the declaration under subsection (1) will immediately cease to have effect.\n\t(12)\tA resolution is not effective for the purposes of subsection (11) unless passed in pursuance of a notice of motion given within 14 sitting days (which need not fall within the same session of Parliament) after the day on which the notice under subsection (9) was laid before the House.\n\t(13)\tWhere a resolution is passed under subsection (11), notice of that resolution must forthwith be published in the Gazette.\n10—Mining in respect of public roads and places\nSubject to the appropriate regulations for preventing undue interference with public use, the rights conferred by this Act may be exercised in respect of any public road, reserve or place.\n10B—Interaction with other legislation\nThe Minister must, in acting in the administration of this Act, take into account the following insofar as they may be relevant:\n\t(a)\tthe objects and objectives of the Adelaide Dolphin Sanctuary Act 2005;\n\t(b)\tthe objects of the Marine Parks Act 2007;\n\t(c)\tthe objects of the Landscape South Australia Act 2019;\n\t(d)\tthe objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act;\n\t(e)\tthe code of management of wilderness protection areas and wilderness protection zones under the Wilderness Protection Act 1992.\n","sortOrder":7},{"sectionNumber":"Part 2","sectionType":"part","heading":"Administration","content":"Part 2—Administration\n11—The Minister and the Director to be corporations sole\nThe Minister and the Director of Mines shall each be a corporation sole.\n12—Delegation\n\t(1)\tThe Minister may delegate any power or function vested in or conferred on the Minister—\n\t(a)\tunder this Act; or\n\t(b)\tunder any other Act prescribed by the regulations for the purposes of this subsection.\n\t(1a)\tThe Treasurer may delegate any power or function vested in or conferred on the Treasurer under this Act.\n\t(2)\tThe Director of Mines may delegate any power or function vested in or conferred on the Director of Mines—\n\t(a)\tunder this Act; or\n\t(b)\tunder any other Act.\n\t(2a)\tIf 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).\n\t(3)\tA delegation under this section—\n\t(a)\tmay be absolute or conditional; and\n\t(b)\tmay be made—\n\t(i)\tto a specified person or body; or\n\t(ii)\tto a person for the time being holding or acting in a specified office or position; and\n\t(c)\tdoes not derogate from the power of the delegator to act in any matter; and\n\t(d)\tis revocable at will by the delegator.\n\t(4)\tIn any legal proceedings an apparently genuine certificate, purportedly signed by the Minister or the Director, containing particulars of a delegation under this section, will, in the absence of proof to the contrary, be accepted as proof that the delegation was made in accordance with the particulars.\n13—Mining registrars and other staff\n\t(1)\tThere is to be a Mining Registrar and other mining registrars.\n\t(2)\tThe Mining Registrar and the mining registrars are to be Public Service employees.\n\t(3)\tThe Mining Registrar may delegate a power or function of the Mining Registrar to another mining registrar.\n\t(3a)\tIf 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).\n\t(4)\tA delegation under this section—\n\t(a)\tmay be absolute or conditional; and\n\t(b)\tmay be made—\n\t(i)\tto a specified person; or\n\t(ii)\tto a person for the time being holding or acting in a specified office or position; and\n\t(c)\tdoes not derogate from the power of the delegator to act in any matter; and\n\t(d)\tis revocable at will by the delegator.\n\t(5)\tA mining registrar may be assigned to act as the Mining Registrar—\n\t(a)\tduring a vacancy in the office of Mining Registrar; or\n\t(b)\twhen the Mining Registrar is absent from, or unable to discharge, official duties.\n14—Appointment of authorised officers\n\t(1)\tThe Minister may, by instrument in writing, appoint a Public Service employee to be an authorised officer under this Act.\n\t(2)\tAn appointment under this section may be made subject to such conditions or limitations as the Minister thinks fit.\n\t(3)\tThe Minister may vary or revoke an appointment at any time.\n14A—Identity cards\n\t(1)\tThe Minister must issue to each authorised officer an identity card—\n\t(a)\tstating the name of the authorised officer; and\n\t(b)\tcontaining a photograph of the authorised officer; and\n\t(c)\tstating that the person whose name and photograph appear on the card is an authorised officer for this Act.\n\t(2)\tIf an authorised officer proposes to exercise powers under this Act against a person, the authorised officer must produce the identity card for inspection on request.\n14B—Authorised investigations\nAn investigation by an authorised officer is an authorised investigation if the purpose of the investigation is—\n\t(a)\tto monitor compliance with this Act; or\n\t(b)\tto gather information about a suspected offence against this Act; or\n\t(c)\tto gather information about personal injury or loss of property related to authorised operations; or\n\t(d)\tto gather information about the actual or potential environmental impact of actual or potential authorised operations; or\n\t(e)\tto gather other information relevant to the administration or enforcement of this Act; or\n\t(f)\tto undertake any inquiry relevant to the administration or enforcement of this Act; or\n\t(g)\twithout 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.\n14C—Powers of entry and inspection\n\t(1)\tFor the purpose of carrying out an authorised investigation, an authorised officer may—\n\t(a)\tenter, 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\n\t(b)\tinspect or examine anything; or\n\t(c)\ttake photographs, films or videos; or\n\t(d)\tcarry out tests on mines, facilities and equipment; or\n\t(e)\ttake and remove samples; or\n\t(f)\tseize and retain any thing that may be evidence of non‑compliance with this Act.\n\t(2)\tA person must not, without reasonable excuse, obstruct an authorised officer in the exercise of powers under this section.\n\t(3)\tA person involved in the operation of a mine must give an authorised officer such assistance as is reasonably required for the effective exercise of a power conferred by this section.\n\t(4)\tAn 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.\n\t(5)\tA 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.\n\t(6)\tAn application for the issue of a warrant—\n\t(a)\tmay be made either personally or by telephone; and\n\t(b)\tmust be made in accordance with any procedures prescribed by the regulations.\n14D—Power to gather information\n\t(1)\tAn authorised officer may require a person who may be in a position to provide information relevant to any matter subject to an authorised investigation—\n\t(a)\tto answer a question relevant to the investigation; or\n\t(b)\tto take reasonable steps to obtain information relevant to the investigation and to pass it on to the authorised officer.\n\t(2)\tA person required to answer a question under subsection (1) must answer the question to the best of the person's knowledge, information and belief.\n\t(3)\tA person of whom a requirement is made under subsection (1)(b) must comply with the requirement.\n\t(4)\tA natural person is not required to answer a question or to provide information under this section if the answer to the question or the information would tend to incriminate the person of an offence and the person objects to answering the question or providing the information on that ground.\n\t(5)\tAn 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.\n\t(6)\tA person of whom a requirement is made under subsection (5) must comply with the requirement.\nMaximum penalty: $5 000.\n14E—Production of records\n\t(1)\tThis section applies to records relating to authorised operations.\n\t(2)\tA person who has possession or control of a record to which this section applies must, at the request of an authorised officer—\n\t(a)\tproduce the record for inspection by the authorised officer; and\n\t(b)\tanswer any questions that the authorised officer reasonably asks about the record.\n\t(3)\tAn authorised officer may—\n\t(a)\tretain records produced under this section for the purpose of making copies of them; or\n\t(b)\tif the authorised officer suspects that the records may be evidence of noncompliance with this Act, seize and retain records produced under this section.\n\t(4)\tIn this section—\nrecord includes any document or other form of material.\n14F—Publication of results of investigation\n\t(1)\tThe Minister may publish a report setting out the results of an authorised investigation.\n\t(2)\tA report published under this section is protected by absolute privilege.\n14G—Power to give expiation notices\nAn authorised officer is authorised to give expiation notices for alleged offences which are expiable under this Act.\n14H—Provisions relating to things seized\n\t(1)\tIf a thing is seized under this Part, the following provisions apply:\n\t(a)\tthe 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));\n\t(b)\tif 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—\n\t(i)\torder that it be forfeited to the Crown; or\n\t(ii)\tif 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\n\t(iii)\tmake no order for forfeiture;\n\t(c)\tif proceedings for an offence against this Act related to the thing seized—\n\t(i)\tare not commenced within the prescribed period after its seizure; or\n\t(ii)\tare commenced within the prescribed period after its seizure and the defendant is found not guilty of the offence; or\n\t(iii)\tare 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),\nthe 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.\n\t(2)\tIn this section—\nprescribed period means 12 months or such longer period as the court may, on application by the Minister, allow.\n15—Power to conduct geological investigations etc\n\t(1)\tFor the purpose of making any geological, geophysical or geochemical investigation or survey, the Minister or the Director of Mines, or any person authorised in writing by the Minister or the Director, may—\n\t(a)\tenter and remain upon any land with such assistants, vehicles and equipment as may be necessary or expedient for the purposes of the investigation or survey; and\n\t(b)\tconduct such an investigation or survey on the land; and\n\t(c)\ttake, and remove from the land, any geological specimens or samples.\n\t(2)\tA person exercising a power under this section—\n\t(a)\tmust not recover from any land more minerals than are reasonably necessary for the purpose of making the relevant investigation or survey; and\n\t(b)\tmust not unnecessarily impede or obstruct the lawful use or enjoyment of any land by an owner of the land.\n\t(3)\tA person who interferes with or obstructs any person in the exercise of any power conferred by this section shall be guilty of an offence.\nMaximum penalty: $20 000 or imprisonment for 6 months.\n\t(4)\tThe Minister may publish, in such manner as he thinks fit, the results of an investigation or survey under this section.\n\t(5)\tAt least 14 days before the Minister or the Director of Mines, or any authorised person, undertakes an investigation or survey under this section, the Minister may publish in the Gazette a notice—\n\t(a)\tdescribing the area of land in which the investigation or survey will be undertaken; and\n\t(b)\tsetting out a completion date in respect of the investigation or survey.\n\t(6)\tThe Minister may extend the completion date from time to time by publishing a further notice in the Gazette.\n\t(7)\tIf a notice is published under subsection (5), the Minister may refuse to receive and consider an application for a mineral tenement in respect of the land described in the notice until the completion date set out in the notice.\n","sortOrder":8},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Mining register and information","content":"Part 2A—Mining register and information\n","sortOrder":9},{"sectionNumber":"Div 1","sectionType":"division","heading":"Mining register","content":"Division 1—Mining register\n15AA—The register\n\t(1)\tThe Mining Registrar will keep a register (the mining register).\n\t(2)\tThe register will be a register of—\n\t(a)\tany mineral tenement granted under this Act; and\n\t(b)\tthe terms and conditions of any mineral tenement granted under this Act; and\n\t(c)\tinstruments of transfer with respect to any mineral tenement registered under this Act; and\n\t(d)\tany mortgage registered under Division 2; and\n\t(e)\tany caveat registered under Division 3; and\n\t(f)\tinstruments, agreements, determinations and dealings required to be registered under any other provision of this Act; and\n\t(g)\tdeterminations 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\n\t(h)\tthe commencement and completion of proceedings before the Warden's Court under this Act; and\n\t(i)\tdecisions, determinations and orders of the Warden's Court under this Act; and\n\t(j)\tanything registered under Division 4; and\n\t(k)\tany cancellation, suspension or surrender relating to a mineral tenement under this Act; and\n\t(l)\tany 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.\n\t(3)\tThe register will also contain such information as the Mining Registrar thinks fit.\n\t(4)\tThe register will be kept in such forms as the Mining Registrar thinks fit (including in an electronic form).\n\t(5)\tThe Mining Registrar may establish requirements as to—\n\t(a)\tthe form of any instrument or document that is to be registered on the register; and\n\t(b)\tthe use of electronic files, including as to their formats; and\n\t(c)\tthe provision and certification of any instrument, document or information, or as to any other matter; and\n\t(d)\tthe recording, management, preservation, storage, archiving and (if appropriate) disposals of any instrument, document or material.\n\t(6)\tWithout limiting any other provision, the Mining Registrar may amend the register—\n\t(a)\tin order to ensure that the register is kept up to date; or\n\t(b)\tin order to ensure that the register meets standards determined to be appropriate by the Mining Registrar.\n\t(7)\tThe 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.\n\t(8)\tThe 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.\n\t(9)\tA tenement holder or other person who is required—\n\t(a)\tto serve a notice on the Mining Registrar; or\n\t(b)\tto provide or give a notice to the Mining Registrar; or\n\t(c)\tto provide or give an agreement to the Mining Registrar,\nmust not fail to comply with that requirement—\n\t(d)\tin accordance with any relevant provision of this Act; or\n\t(e)\tin accordance with the regulations; or\n\t(f)\tto the extent that paragraph (d) or (e) does not apply—within a reasonable time.\nMaximum penalty: $5 000.\n\t(10)\tSubsection (9) does not apply to—\n\t(a)\tthe Minister; or\n\t(b)\tthe Registrar who is responsible for the Warden's Court registry; or\n\t(c)\ta person prescribed by the regulations for the purposes of this subsection.\n15AB—Dealings with mineral tenements\n\t(1)\tThis 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.\n\t(2)\tA 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.\n\t(3)\tA dealing to which subsection (2) applies has no effect unless or until it is—\n\t(a)\tconsented to by the Minister; and\n\t(b)\tregistered on the register under this Part.\n\t(4)\tAn application for the consent of the Minister under this section—\n\t(a)\tmust be made in a manner and form determined by the Minister after consultation with the Mining Registrar; and\n\t(5)\tThe Minister may, in connection with an application for consent, require the parties to furnish the Minister with any information specified by the Minister.\n\t(6)\tAn 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.\nDivision 2—Mortgages\n15AC—Mortgages\n\t(1)\tIn this section—\nmortgage includes any form of charge.\n\t(2)\tA party to a mortgage over a mineral tenement may apply to the Mining Registrar to have the mortgage registered under this section.\n\t(3)\tAn application for the registration of a mortgage—\n\t(a)\tmust be made in a manner and form determined by the Mining Registrar; and\n\t(4)\tThe 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.\n\t(5)\tA 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).\n\t(6)\tThe registration of a mortgage under this Part—\n\t(a)\tdoes not give the mortgage (or the interest secured by the mortgage) priority over other interests; and\n\t(b)\tdoes not confer any additional status with respect to a power of enforcement.\n\t(7)\tHowever, 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—\n\t(a)\tthe instrument giving effect to the transfer was received by the Mining Registrar before the registration of the mortgage; or\n\t(b)\tthe transfer is expressed to be subject to the mortgage; or\n\t(c)\tthe mortgagee (or mortgagees) consent to the registration of the transfer; or\n\t(d)\tthe transfer is required by an order of a court or tribunal constituted by law; or\n\t(e)\tthe mortgage is discharged before the registration of the transfer; or\n\t(f)\tthe Mining Registrar is acting in any circumstance prescribed by the regulations.\n\t(8)\tFurthermore, 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—\n\t(a)\tthe mortgagee (or mortgagees) consent to the surrender; or\n\t(b)\tthe mortgage is discharged before the surrender; or\n\t(c)\tthe surrender is by operation of section 30AAA, 30A or 33B; or\n\t(d)\tthe surrender is happening in any circumstance prescribed by the regulations.\n\t(9)\tA mortgage registered under this section may be discharged in accordance with procedures determined by the Mining Registrar.\n\t(10)\tA discharge under subsection (9) may only be made—\n\t(a)\ton application made by the mortgagee; or\n\t(b)\ton application made with the consent of the mortgagee.\n\t(11)\tThe 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.\n\t(12)\tAn application for the discharge of a mortgage—\n\t(a)\tmust be in a form determined by the Mining Registrar; and\n15AD—Application to court to challenge aspects of mortgages\n\t(a)\thas an interest in a mineral tenement subject to a mortgage registered under this Division; or\n\t(b)\thas an interest that is directly affected by a mortgage registered under this Division,\nmay apply to the appropriate court under this section.\n\t(2)\tAn application may be made for 1 or more of the following:\n\t(a)\ta declaration that a registered mortgage is defective, invalid or unenforceable, on a ground specified in the application;\n\t(b)\tan order that a transfer of a mineral tenement, or of an interest in a mineral tenement, be registered despite the mortgage;\n\t(c)\tan order that a registered mortgage be discharged or partially discharged;\n\t(d)\tan 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.\n\t(3)\tAny 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.\n\t(4)\tThis section does not limit any other jurisdiction or power of a court.\nDivision 3—Caveats\n15AE—Caveats\n\t(1)\tA 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.\n\t(2)\tAn application for the registration of a caveat must be in a form determined by the Mining Registrar.\n\t(3)\tA caveat under subsection (1) may—\n\t(a)\tforbid the registration of any transfer, mortgage or voluntary surrender affecting a specified interest in the mineral tenement (an absolute caveat); or\n\t(b)\tforbid 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).\n\t(4)\tHowever, if a caveat is being registered without the express consent of the tenement holder for the mineral tenement to which the caveat relates—\n\t(a)\tif the caveator is a person who has entered into an agreement with, or is a party to an agreement with, the tenement holder—\n\t(i)\tthe agreement must relate to—\n\t(A)\tthe sale or transfer (or both) of the tenement holder's interest in the relevant mineral tenement; or\n\t(B)\tany other matter connected with the tenement holder's interest in the relevant mineral tenement; and\n\t(ii)\tthe agreement must provide for the registration of a caveat under this Division; and\n\t(iii)\ta copy of the agreement must accompany the application under subsection (2); or\n\t(b)\tin any other case—the caveator must provide such information as the Mining Registrar may require regarding the nature of the interest.\n\t(5)\tA caveat may—\n\t(a)\tset out a date of expiry (if any); or\n\t(b)\tset out that the caveat will expire—\n\t(i)\ton a specified transfer or mortgage of an interest in the mineral tenement; or\n\t(ii)\tat the end of a specified period.\n\t(6)\tIn connection with the preceding subsections, an application for the registration of a caveat—\n\t(a)\tmust be accompanied by—\n\t(i)\tthe prescribed fee; and\n\t(ii)\tsuch other documents or information as the Mining Registrar may require; and\n\t(b)\tif 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.\n\t(7)\tThe Mining Registrar does not have, on the receipt of an application to register a caveat, any duty to determine whether or not—\n\t(a)\tthe caveat relates to a valid caveatable interest; or\n\t(b)\ta caveatable interest has been sufficiently described; or\n\t(c)\tthere is sufficient evidence to support the caveat; or\n\t(d)\tany matter specified in the application is true and accurate.\n\t(8)\tThe registration of a caveat does not warrant the validity of any interest claimed in the caveat.\n\t(9)\tOn 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.\n\t(10)\tA caveat registered under this Division—\n\t(a)\tdoes not affect or prevent the renewal of a mineral tenement; and\n\t(b)\tdoes not lapse on the renewal of a mineral tenement (while the caveat is registered); and\n\t(c)\tdoes 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.\n\t(11)\tA caveat registered under this Division will lapse on—\n\t(a)\tany order of the Warden's Court providing for the lapsing of the caveat; or\n\t(b)\tthe withdrawal of the caveat by the caveator; or\n\t(c)\tthe expiry of the caveat as contemplated by subsection (5).\n\t(12)\tIf—\n\t(a)\ta caveat is registered in respect of a mineral tenement; and\n\t(b)\tthe caveat lapses,\nthe 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.\n15AF—Application to Warden's Court to lapse caveat or obtain compensation\n\t(a)\thas an interest in a mineral tenement subject to a caveat registered under this Division; or\n\t(b)\thas an interest that is directly affected by a caveat registered under this Division,\nmay apply to the Warden's Court under this section.\n\t(2)\tAn application may be made for 1 or more of the following:\n\t(a)\ta declaration that an interest claimed by the caveator is not a valid caveatable interest;\n\t(b)\tan order that a caveat lapse;\n\t(c)\tan order that a transfer, mortgage or surrender relating to a mineral tenement be registered despite the registration of a caveat under this Division;\n\t(d)\tan 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.\n\t(3)\tAny 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.\n\t(4)\tThis section does not limit any other jurisdiction or power of the Warden's Court in relation to caveats under this Division.\n","sortOrder":10},{"sectionNumber":"Div 4","sectionType":"division","heading":"Other dealings","content":"Division 4—Other dealings\n15AG—Other dealings\n\t(1)\tSubject 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—\n\t(a)\tthe relevant mineral tenement, or an interest in the mineral tenement; or\n\t(b)\tauthorised operations carried out, or to be carried out, on the relevant mineral tenement,\n(a registrable dealing).\n\t(2)\tA registrable dealing does not include any agreement, memorandum, arrangement, instrument or other document or dealing—\n\t(a)\tthat does not satisfy any criteria determined by the Mining Registrar for the purposes of this section; or\n\t(b)\tthat falls within a class excluded by the Mining Registrar from the operation of this section.\n\t(3)\tIf 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—\n\t(a)\tmust, within 14 days after entering into the registrable dealing—\n\t(i)\tinform the Minister of the registrable dealing in a manner and form determined by the Minister; and\n\t(ii)\tapply to the Mining Registrar to register the registrable dealing under this section; and\n\t(b)\tmust, within 14 days after the person ceases to be responsible for carrying out those authorised operations—\n\t(i)\tinform the Minister of the matter in a manner and form determined by the Minister; and\n\t(ii)\tapply to the Mining Registrar to register the cessation under this section.\nMaximum penalty: $5 000.\n\t(4)\tA 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.\n\t(5)\tAn application to register a registrable dealing under this section—\n\t(a)\tmust be made in a manner and form determined by the Mining Registrar; and\n","sortOrder":11},{"sectionNumber":"Div 5","sectionType":"division","heading":"Protection from liability","content":"Division 5—Protection from liability\n15AH—Protection from liability\n\t(1)\tNo 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.\n\t(2)\tWithout 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—\n\t(a)\tdoes 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\n\t(b)\tdoes not validate any instrument or dealing or provide any warranty as to the validity of any instrument or dealing.\n","sortOrder":12},{"sectionNumber":"Div 6","sectionType":"division","heading":"Information","content":"Division 6—Information\n15AI—Interpretation\n\t(1)\tIn this Division—\ndesignated material in relation to a mineral tenement means—\n\t(a)\trecords of surveys and other operations carried out under, or for the purposes of, the mineral tenement; and\n\t(b)\tgeological samples (including drill samples) and logs; and\n\t(c)\trecords 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\n\t(d)\tinformation and material prescribed by the regulations (including information that relates to a transaction); and\n\t(e)\tinformation 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);\ndesignated person means—\n\t(a)\tthe Minister; and\n\t(b)\tthe Director of Mines; and\n\t(c)\tthe Mining Registrar and other mining registrars; and\n\t(d)\tan authorised officer; and\n\t(e)\tany person acting under the authority of a person referred to in a preceding paragraph; and\n\t(f)\tany other person brought within the ambit of this definition by the regulations;\nprescribed material means any document, instrument, report, information, samples or other material—\n\t(a)\tcreated under this Act; or\n\t(b)\tprovided to a designated person under this Act, or otherwise obtained by a designated person under this Act.\n\t(2)\tThe Director may specify information or material as designated material—\n\t(a)\tby notice in the Gazette; or\n\t(b)\tin 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.\n\t(3)\tThe Director may vary or revoke a notice under subsection (2) by a further notice of a similar kind.\n15AJ—Compilation, keeping and provision of material\n\t(1)\tA tenement holder must compile or create designated material relating to the tenement in accordance with any requirements prescribed by the regulations.\n\t(2)\tA tenement holder must keep all designated material—\n\t(a)\tin a form prescribed by the regulations or approved by the Director; and\n\t(b)\tin a place that complies with any requirements prescribed by the regulations or that is approved by the Director; and\n\t(c)\tfor a period prescribed by the regulations or approved by the Director.\n\t(3)\tA tenement holder must, as required by the regulations, provide to the Director any designated material of a prescribed kind.\n\t(4)\tA 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.\n\t(5)\tAny designated material provided or produced under subsection (3) or (4) must comply with any requirements—\n\t(a)\tprescribed by the regulations; or\n\t(b)\tspecified by the Director in the manner prescribed by the regulations.\n\t(6)\tIn the case of any designated material provided or produced to the Director or another person under this section, the Director or other person may—\n\t(a)\ttake extracts from, or copies of, the designated material; or\n\t(b)\tretain the designated material.\n15AK—Tests\n\t(1)\tA 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.\n\t(2)\tThe Director may retain any material produced or taken under subsection (1).\n15AL—Release of material\n\t(1)\tSubject to this section, the Minister or the Director may, in such manner as the Minister or the Director thinks fit, release any prescribed material.\n\t(2)\tThe Minister or the Director must not release prescribed material that relates to a private mine.\n\t(3)\tSubsection (1) does not authorise the release of any prescribed material if—\n\t(a)\tthe release would be contrary to any other Act or law; or\n\t(b)\tthe release would be in breach of an order of a court or tribunal constituted by law; or\n\t(c)\tthe release would involve the disclosure of a trade secret; or\n\t(d)\tthe release would be contrary to any requirement or restriction prescribed by the regulations.\n\t(4)\tThe Minister or Director may release any prescribed material under this section—\n\t(a)\tin such manner as the Minister or Director thinks fit; and\n\t(b)\tsubject to such conditions as the Minister or Director thinks fit.\n\t(5)\tA person who contravenes or fails to comply with a condition under subsection (4)(b) is guilty of an offence.\nMaximum penalty: $120 000.\n\t(6)\tSubsections (1), (2) and (3) do not—\n\t(a)\tlimit 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\n\t(b)\tlimit the operation of any other section that provides for publication or release of any instrument, document or other item of material.\n\t(7)\tNo 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).\n","sortOrder":13},{"sectionNumber":"Part 3","sectionType":"part","heading":"Reservation of minerals and royalty","content":"Part 3—Reservation of minerals and royalty\n16—Reservation of minerals\n\t(1)\tNotwithstanding the provisions of any other Act or law, or of any land grant or other instrument, the property in all minerals is vested in the Crown.\n\t(2)\tThis section applies in respect of all mineral land and in respect of all other land (including reserved land) in the State or under coastal waters on the landward side of the baseline.\n17—Royalty\n\t(1)\tSubject to this Act, royalty is payable to the Crown on all minerals recovered from mineral land.\n\t(1a)\tRoyalty is not payable on extractive minerals recovered from mineral land—\n\t(a)\twhere the terms and conditions of the mineral tenement—\n\t(i)\tmake 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\n\t(ii)\tmake specific provision for the exemption of the extractive minerals from the payment of royalty; or\n\t(b)\tby the owner of the land under section 75(2).\n\t(2)\tRoyalty is not payable on minerals recovered from mineral land that are removed from the area of a mineral tenement for the purpose of any testing of a kind approved by the Minister.\n\t(3)\tRoyalty is only payable on precious stones if the precious stones are recovered under this Act.\n\t(4)\tSubject to this or any other relevant section, royalty will be equivalent to—\n\t(a)\tin the case of extractive minerals—55 cents per tonne, or such lesser amount as may be prescribed by the regulations; or\n\t(b)\tin the case of minerals other than extractive minerals—\n\t(i)\tif the minerals are declared mineral ores or concentrates—5% of the value of the minerals, as assessed in accordance with this section;\n\t(ii)\tif the minerals are declared refined mineral products—3.5% of the value of the refined mineral products, as assessed in accordance with this section;\n\t(iii)\tif the minerals are declared industrial minerals or construction materials—3.5% of the value of the minerals, as assessed in accordance with this section;\n\t(iv)\tin any other case—5% of the value of the minerals, as assessed in accordance with this section.\n\t(5)\tThe value of minerals, for the purposes of determining royalty, will be the value that represents the market value (excluding GST) of the minerals on—\n\t(a)\tin the case of minerals sold pursuant to a contract with a genuine purchaser at arms length—the day on which ownership of the minerals is transferred to the purchaser; and\n\t(b)\tin any other case—the day on which—\n\t(i)\tthe minerals—\n\t(A)\tleave the mineral tenement from which the minerals were recovered; or\n\t(B)\tare used on the tenement; or\n\t(ii)\tif 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,\nwhichever occurs later.\n\t(6)\tFor the purposes of subsection (5), the market value of minerals will be determined as follows:\n\t(a)\tsubject to paragraph (b), if the minerals are sold pursuant to a contract with a genuine purchaser at arms length, the market value of the minerals will be the contract price (excluding GST) for the minerals;\n\t(b)\tif—\n\t(i)\tthe Treasurer is not satisfied that the contract price for the minerals reflects the market pricing of the minerals; or\n\t(ii)\tthe minerals are not sold pursuant to a contract with a genuine purchaser at arms length,\nthe market value of the minerals will be determined according to—\n\t(iii)\tany 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\n\t(iv)\tif subparagraph (iii) does not apply—\n\t(A)\tthe 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\n\t(B)\tthe 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\n\t(v)\tif subparagraphs (iii) and (iv) do not apply—\n\t(A)\tany 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\n\t(B)\tif 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\n\t(vi)\tif subparagraphs (iii), (iv) and (v) 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).\n\t(7)\tFor the purposes of subsection (6)(a), contract price means—\n\t(a)\tthe amount to be paid under the contract; plus\n\t(b)\tthe value of any consideration, set-off, concession or other factor otherwise taken into account by the parties to the contract in determining the amount to be paid under the contract.\n\t(8)\tCosts of a prescribed kind incurred before minerals leave—\n\t(a)\tthe mineral tenement from which the minerals were recovered; or\n\t(b)\tif the minerals have been transported to mineral land, the subject of a miscellaneous purposes licence—that mineral land,\nare not to be included for the purposes of determining the market value of those minerals.\n\t(8a)\tCosts of a prescribed kind incurred after minerals leave—\n\t(a)\tthe mineral tenement from which the minerals were recovered; or\n\t(b)\tif the minerals have been transported to mineral land, the subject of a miscellaneous purposes licence—that mineral land,\nare not to be included for the purposes of determining the market value of those minerals.\n\t(9)\tThe Treasurer may, after consultation with the Minister and under an agreement between the Treasurer and the person liable to pay royalty on any minerals other than extractive minerals, determine that royalty will be payable according to the weight or volume of minerals recovered or will be payable at some other price or according to some other method, and royalty will be payable by the person in accordance with the determination.\n\t(10)\tThe Treasurer may, after consultation with the Minister and on the application of a person liable to pay royalty under this section, having regard to the effect that payment of such royalty would be likely to have on the viability or profitability of authorised operations carried on by the person, waive payment of royalty wholly or in part, or reduce the rate at which royalty is payable, on minerals recovered in the course of those operations.\n\t(11)\tRoyalty may be recovered by the Crown as a debt due to the Crown in any court of competent jurisdiction.\n\t(12)\tThe tenement holder for the tenement from which minerals are recovered is liable to pay the royalty.\n\t(13)\tFor the purposes of this section, the Treasurer may, after consultation with the Minister, from time to time—\n\t(a)\tby notice in the Gazette—\n\t(i)\tdeclare specified types of mineral ores or concentrates to be declared mineral ores and concentrates; and\n\t(ii)\tdeclare specified types of refined mineral products to be declared refined mineral products; and\n\t(iii)\tdeclare specified types of minerals to be declared industrial minerals or construction materials; and\n\t(b)\tby subsequent notice in the Gazette, vary or revoke a declaration under paragraph (a).\n\t(14)\tA notice under subsection (13) will have effect from a date specified in the notice by the Treasurer.\n17A—Reduced royalty for new mines\n\t(1)\tThe Treasurer may, after consultation with the Minister and on the application of a person liable to pay royalty (other than on extractive minerals), by notice in the Gazette, declare that a mine will be taken to be a new mine for the purposes of this section.\n\t(1a)\tAn application may not be made by a person under subsection (1) on or after 1 July 2020.\n\t(2)\tDespite section 17, for the prescribed period, royalty payable in relation to minerals (other than extractive minerals) recovered from mineral land at a new mine will be equivalent to 2 per cent of the value of the minerals (as assessed in accordance with the royalty assessment principles under section 17).\n\t(2a)\tIn subsection (2), the prescribed period is the period commencing on the day on which the first royalty payment under this Act is due and payable and ending—\n\t(a)\ton the day falling 5 years after that day; or\n\t(b)\ton 30 June 2026,\nwhichever occurs first.\n\t(3)\tThe Treasurer may, after consultation with the Minister and by subsequent notice in the Gazette, vary or revoke a declaration under subsection (1).\n\t(4)\tAn application under this section must be made in a manner and form determined by the Treasurer after consultation with the Minister and must be lodged with the Director of Mines.\n\t(5)\tAn applicant must provide any information reasonably required by the Treasurer to determine the application.\n\t(6)\tIn determining whether or not to make a declaration under this section, the Treasurer may have regard to the following matters (insofar as they may be relevant):\n\t(a)\tthe extent to which the authorised operations to be carried on at the mine can be viewed as constituting an extension of existing authorised operations, or the revival of authorised operations that have been previously carried on;\n\t(b)\tthe nature of the authorised operations to be carried on at the mine when compared to any existing operations carried on, or previously carried on, at the same tenement, or a tenement within the vicinity of the relevant mine;\n\t(c)\tthe relationship of the applicant to any other person carrying on authorised operations within the vicinity of the relevant mine (including, in the case of a body corporate, authorised operations carried on by a related body corporate);\n\t(d)\tsuch other matters as the Treasurer thinks fit.\n17AB—Royalty for private mines\n\t(1)\tSubject to and in accordance with the provisions of this Act, royalty in respect of minerals recovered from private mines is payable as follows:\n\t(a)\tin the case of a private mine in relation to which a relevant event has occurred—royalty is payable on—\n\t(i)\textractive minerals recovered from the private mine; and\n\t(ii)\tany other minerals recovered from the private mine on or after the day on which the relevant event occurred;\n\t(b)\tin any other case—royalty is payable on extractive minerals recovered from the private mine, but is not payable on any other minerals so recovered.\n\t(2)\tFor the purposes of subsection (1), a relevant event occurs if, on or after 19 June 2014, there is (or has been) a change in—\n\t(a)\tthe proprietor of the private mine; or\n\t(b)\tthe whole or any part of the right to carry out authorised operations at the private mine.\n\t(3)\tA 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.\n\t(4)\tIf 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).\n\t(5)\tWithout limiting any other provision, the following will be taken to be relevant events for the purposes of subsection (2)(a):\n\t(a)\tthe 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;\n\t(b)\tan 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;\n\t(c)\twithout limiting paragraph (b), the acquisition of a controlling interest in a business that—\n\t(i)\tis the proprietor of the private mine; or\n\t(ii)\tholds the whole or any part of the right to carry out authorised operations at the private mine.\n\t(6)\tFor the purposes of subsection (5)(c)—\n\t(a)\tbusiness includes bodies and associations (corporate and incorporated) and partnerships; and\n\t(b)\ta 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)).\n\t(7)\tSubject to subsection (8), the proprietor of a private mine is liable for royalty payable under this section.\n\t(8)\tIf—\n\t(a)\ta person other than the proprietor is carrying out authorised operations at a private mine; and\n\t(b)\tthe proprietor gives notice to the Minister, in a manner and form determined by the Minister, under this section,\nthe person carrying out the authorised operations (rather than the proprietor) is liable for royalty under this section.\n\t(a)\tthe proprietor of a private mine has given a notice to the Minister under subsection (8); and\n\t(b)\tthe person carrying out authorised operations at the private mine fails to pay royalty; and\n\t(c)\tthe proprietor pays the royalty,\nthe proprietor may, subject to any agreement to the contrary—\n\t(d)\trecover the amount paid as a debt from the person who failed to pay the royalty; or\n\t(e)\tset off the amount paid against a liability (if any) to the person who failed to pay the royalty.\n17AC—Notification of relevant event\n\t(1)\tIf 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.\nMaximum penalty: $20 000.\n\t(2)\tThe notification of the relevant event—\n17B—Assessments by Treasurer\n\t(a)\tthe Treasurer is of the opinion that a person liable to pay royalty—\n\t(i)\thas not made a payment of royalty when it falls due; or\n\t(ii)\thas not paid royalty in accordance with the royalty assessment principles (and any related provision under this Act); or\n\t(iii)\thas not paid royalty in accordance with any agreement or determination that applies under section 17 or 17A; or\n\t(iv)\thas not paid royalty in accordance with any other relevant requirement; or\n\t(b)\tthe 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)(vi) and the Treasurer does not agree with the estimate; or\n\t(c)\ta person makes a default in furnishing a return; or\n\t(d)\tthe Treasurer is not satisfied with a return furnished by a person; or\n\t(e)\tthe Treasurer has reason to believe—\n\t(i)\tthat royalty is payable by a person who has not furnished a return; or\n\t(ii)\tthat a person who has furnished a return has made an overpayment of royalty,\nthe Treasurer may, after consultation with the Minister, make an assessment of royalty the person is liable to pay.\n\t(2)\tWithout 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).\n\t(3)\tFor 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.\n\t(4)\tThe 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.\n\t(5)\tIf, 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—\n\t(a)\trefund the amount of the excess to the person; or\n\t(b)\tset off the amount against a future liability to make payments of royalty under this Act.\n\t(6)\tA 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.\n\t(7)\tOn 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.\n17C—Recovery of royalty where appeal lodged\nThe fact that an appeal has been lodged under section 17B but not yet determined does not in the meantime affect the assessment to which the appeal relates, and the amount of any royalty or civil penalty amount determined as being payable under this Act as a result of the assessment may be recovered as if no appeal had been lodged.\n17CA—Returns\n\t(1)\tA 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.\n\t(2)\tA 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—\n\t(a)\tin the case of the return due on 31 January in each year—on the preceding 1 July; and\n\t(b)\tin the case of the return due on 31 July in each year—on the preceding 1 January,\nand must comply with any other requirement specified by the Director of Mines.\n\t(3)\tIf 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.\n\t(4)\tIf 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.\n\t(5)\tIf 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.\n\t(6)\tA return under this section must be accompanied by any information, samples or other material required by the Director of Mines.\n\t(7)\tThe 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.\n\t(8)\tA person who fails to comply with this section is guilty of an offence.\nMaximum penalty: $120 000.\n\t(9)\tThe regulations may exempt a person, or a class of persons, from a requirement of this section.\n\t(10)\tAn exemption—\n\t(a)\tmay be granted absolutely or on conditions; and\n\t(b)\tremains in force for the period specified in the regulations.\n17D—When royalty falls due (general principles)\n\t(1)\tSubject to this Act, royalty will fall due—\n\t(a)\tif the day on which a determination of the value of the minerals is made for the purposes of assessing royalty falls during the period between 1 January and 30 June (both dates inclusive) in any year—on 31 July of that year;\n\t(b)\tif the day on which a determination of the value of the minerals is made for the purposes of assessing royalty falls during the period between 1 July and 31 December (both dates inclusive) in any year—on 31 January of the following year,\n(but the Treasurer may, after consultation with the Minister, on application by the person liable to pay the royalty or of his or her own motion, extend the date on which the royalty will fall due).\n\t(1a)\tSubsection (1) does not apply to the extent that a designated tenement holder under section 17DA must pay royalty on a monthly basis.\n\t(2)\tDespite subsection (1), any royalty on minerals recovered from land within a mineral tenement will be due and payable (including for the purposes of the imposition of a penalty amount for unpaid royalty under this Act)—\n\t(a)\tin the case of a mineral tenement other than a private mine—\n\t(i)\twhen the mineral tenement is being transferred, surrendered or forfeited; or\n\t(ii)\twhen the mineral tenement is suspended or cancelled; or\n\t(iii)\twhen the mineral tenement expires; or\n\t(b)\tin the case of a private mine—when the declaration of the relevant area as a private mine is revoked; or\n\t(c)\tat any other time in accordance with the regulations.\n\t(3)\tThe Treasurer may, after consultation with the Minister, on application by a person liable to pay royalty or of his or her own motion, exempt (on such conditions as the Treasurer thinks fit) a person from the operation of subsection (1) or (2) if the Treasurer is satisfied that it is not reasonably practicable for the person to strictly comply with the requirements of this section.\n17DA—Special principles relating to designated tenement holders\n\t(1)\tIn this section—\ndesignated tenement holder—see subsection (2);\nhalf‑year period means—\n\t(a)\t1 July to 31 December in a financial year; and\n\t(b)\t1 January to 30 June in a financial year.\n\t(2)\tA 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.\n\t(3)\tThe Treasurer may only make a designation under subsection (2) in relation to a tenement holder if—\n\t(a)\tthe royalty paid by the tenement holder in relation to the financial year immediately preceding the relevant financial year exceeds $100 000, or is expected by the Treasurer to exceed $100 000; or\n\t(b)\ttaking into account the amount of royalty paid by the tenement holder, or expected by the Treasurer to be paid by the tenement holder, in relation to the financial year immediately preceding the relevant financial year, the Treasurer expects that the royalty to be paid by the tenement holder in relation to the relevant financial year will exceed $100 000; or\n\t(c)\ta mine in relation to which royalty payments are to be made was not in production during the financial year immediately preceding the relevant financial year, or is expected by the Treasurer to be subject to increased production in the relevant financial year, and the Treasurer expects that the royalty to be paid by the tenement holder in relation to the relevant financial year will exceed $100 000; or\n\t(d)\tthe Treasurer expects that the amount of royalty to be paid by the tenement holder in relation to the relevant financial year will be within 5% of the $100 000 threshold established by this section and accordingly determines to designate the tenement holder as being a tenement holder to whom this section applies.\n\t(4)\tFor the purposes of subsection (3), the Treasurer may make or apply any estimate in order to determine whether or not it is expected that the royalty to be paid by a tenement holder in relation to a particular financial year will (or will not) reach or exceed a particular amount.\n\t(5)\tA designated tenement holder will, in relation to a relevant financial year, pay royalty on a monthly basis (rather than in accordance with section 17D(1)).\n\t(6)\tFor the purposes of subsection (5)—\n\t(a)\tthe Treasurer must, by 31 March immediately preceding the relevant financial year, serve a notice (a notice of assessment) on each designated tenement holder setting out the monthly payments of royalty that the tenement holder must make for the relevant financial year (subject to the operation of the succeeding subsections); and\n\t(b)\tthe designated tenement holder must then pay royalty on or before the last day of the month that immediately follows each month in the relevant financial year.\n\t(7)\tA monthly payment set out in a notice of assessment will be an amount which the Treasurer determines to be a reasonable amount taking into account an estimate made by the Treasurer of the amount of royalty that may be payable on account of the operation of sections 17 and 17A (as the case may require) in relation to the relevant financial year.\n\t(8)\tSubject to subsection (9), a monthly payment in relation to the last month of both half‑year periods in a relevant financial year will be the amount set out in the notice of assessment for that month adjusted to take into account any overpayment, or underpayment, of royalty that would otherwise occur over the half‑year period after applying the provisions of sections 17 and 17A (as the case may require) so as to ensure that the correct amount of royalty is paid in relation to the half‑year period by the end of the month that immediately follows the end of that period.\n\t(9)\tIf an adjustment under subsection (8) will otherwise result in an entitlement to a refund of an amount to be paid as royalty in relation to the relevant half‑year period, the Treasurer may, at the Treasurer's discretion—\n\t(a)\trefund the amount of the excess to the tenement holder who has been paying the monthly amounts; or\n\t(b)\tset off the amount against a future liability to make payments of royalty under this Act.\n\t(10)\tThe Treasurer may, after consultation with the Minister, on application by a person liable to pay royalty under this section or of his or her own motion—\n\t(a)\tby notice served on the tenement holder, vary a notice of assessment that has been issued to a designated tenement holder under this section, with the variation to have effect from a month in the relevant financial year specified by the Treasurer;\n\t(b)\textend the date on which royalty will fall due under this section.\n17E—Penalty for unpaid royalty\n\t(1)\tIf royalty payable on minerals under this Act is not paid on or by the day on which it fell due, the person liable to pay the royalty is liable to pay a penalty amount, in addition to the amount of royalty unpaid, equal to $1 000 plus the prescribed amount for each month (or part of a month) for which the royalty remains unpaid.\n\t(2)\tThe Treasurer may, at the Treasurer's discretion and after consultation with the Minister, remit a penalty amount payable under subsection (1) by any amount.\n\t(3)\tA penalty amount may be recovered by the Crown as a debt due to the Crown in any court of competent jurisdiction.\n\t(4)\tIn this section—\nprescribed amount is to be calculated as follows:\n\nwhere—\nPA is the prescribed amount;\nR is the amount of unpaid royalty;\nMR is the market rate that applied under section 26 of the Taxation Administration Act 1996 on the day on which the royalty fell due.\n17F—Processed minerals\nFor the purposes of the imposition of royalty under this Act, a reference to minerals includes a reference to processed minerals or, as the context requires, refined mineral products.\n17G—Means of payment\nRoyalty must be paid in accordance with any requirement prescribed or authorised by or under the regulations.\n18—Passing of property in minerals\n\t(1)\tProperty 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.\n\t(2)\tThe 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.\n\t(3)\tA liability under subsection (2) is a debt due to the Crown.\n","sortOrder":14},{"sectionNumber":"Part 4","sectionType":"part","heading":"Prospecting for minerals","content":"Part 4—Prospecting for minerals\n20—General right to prospect for minerals\n\t(1)\tA person may prospect for minerals under this section (subject to complying with any relevant requirement under this Act).\n\t(2)\tSubsection (1) does not authorise the conduct of authorised operations that involve disturbance of land by machinery or explosives.\n21—Steps to establish a mineral claim\n\t(1)\tA person may take steps to establish a mineral claim under this section.\n\t(2)\tThe area of a mineral claim must be identified in accordance with the requirements of section 56E.\n\t(3)\tA 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).\n\t(4)\tIf mineral land is divided into strata, a mineral claim may relate to land within the surface stratum or a subsurface stratum.\n\t(5)\tDespite a preceding subsection, a mineral claim may not be made—\n\t(a)\tin respect of land within a subsurface stratum except by a person who holds an exploration licence in respect of that land; or\n\t(b)\tin respect of land within a precious stones field, except that if a precious stones field consists of land that is divided into strata a person who holds an exploration licence may make a mineral claim in respect of land within a subsurface stratum.\n\t(6)\tA person seeking to establish a mineral claim must make application to the Mining Registrar in a manner and form determined by the Mining Registrar.\n\t(7)\tAn application under subsection (6) must be accompanied by—\n\t(a)\ta plan delineating the location and area of the mineral claim that complies with any requirements determined or approved under section 56E; and\n\t(b)\tinformation concerning the ownership of the land; and\n\t(c)\ta copy of any notice of entry provided under this Act; and\n\t(d)\ta copy of any agreement that is relevant to a mineral claim under this Act; and\n\t(e)\ta copy of any waiver obtained under this Act; and\n\t(f)\tsuch other information as may be prescribed by the regulations or as the Mining Registrar may require; and\n\t(g)\tthe prescribed application fee.\n\t(8)\tThe Mining Registrar may require an applicant—\n\t(a)\tto provide such additional documents or information as the Mining Registrar may reasonably require to deal with the application;\n\t(b)\tto remedy any defect or deficiency in an application or in any accompanying document or information.\n\t(9)\tA plan, document or information required under subsection (7) or (8) must be provided in a manner and form determined or approved by the Mining Registrar.\n\t(10)\tAn application under subsection (6) must be made within the prescribed period after the claim has been identified under subsection (2).\n23—Area of claim\n\t(1)\tThe area of a mineral claim must not exceed the maximum permissible area stipulated by the regulations.\n\t(2)\tDespite subsection (1), the area of a mineral claim may exceed the maximum permissible area with the approval of the Minister.\n24—Registration of claim\n\t(1)\tSubject to this Act, a mining registrar will register a mineral claim if due application has been made for the claim under this Act (including by the applicant complying with any requirement under section 21).\n\t(2)\tA mining registrar must not register a mineral claim if satisfied that—\n\t(a)\tthe registration relates to land that is the subject (in whole or in part) of an application that has been lodged for an exploration licence; and\n\t(b)\tthe application for the exploration licence was lodged before the claim was identified for the purposes of this Act; and\n\t(c)\tthe application for the exploration licence has not been refused.\n\t(3)\tSubsection (2) does not apply if the mineral claim is solely for extractive minerals.\n\t(4)\tA mining registrar must not register a mineral claim if to do so would be inconsistent with an order of the Warden's Court and if the registration of a mineral claim is subsequently inconsistent with the terms of an order of the Warden's Court then the registration must be cancelled.\n\t(5)\tThis section operates subject to the operation of section 80.\n\t(6)\tIf a mineral claim is registered under this section, the location and area of the claim will be determined according to the coordinates specified in the plan accepted for the purposes of registration under section 21.\n\t(7)\tWithout limiting any other provision or law, a mining registrar may cancel the registration of a mineral claim on a ground prescribed by the regulations.\n24A—Claim may lapse\nIf—\n\t(a)\tan application to establish and register a mineral claim is not made—\n\t(i)\tin accordance with the requirements of this Act; or\n\t(ii)\twithin a period prescribed by the regulations; or\n\t(b)\ta mining registrar lawfully refuses to accept and register a mineral claim,\nthe mineral claim will lapse.\n25—Rights conferred by ownership of mineral claim\n\t(1)\tA mineral claim confers on the owner of the claim an exclusive right, subject to the provisions of this Act—\n\t(a)\tto prospect for minerals in the land comprised in the claim; and\n\t(b)\tto carry out such other exploratory operations on, or in respect of, the land comprised in the claim as are approved in writing by the Director of Mines; and\n\t(c)\tto apply for a mining lease or a retention lease in respect of the whole or part of the land comprised in the claim.\n\t(2)\tA person shall not remove from the area of a mineral claim minerals, or soil and minerals, exceeding a mass of 1 tonne unless authorised to do so by the Director of Mines.\n\t(3)\tThe ownership of a mineral claim does not confer any right to sell or dispose of any minerals recovered in the course of authorised operations.\n26—Mineral claim not transferable etc\n\t(1)\tA mineral claim is not transferable.\n\t(2)\tWhere an application has not been made for a mining lease or a retention lease in respect of land comprised in a mineral claim within 12 months after registration of the claim, the claim shall lapse.\n\t(3)\tWhere an application is made for a mining lease or a retention lease in respect of land comprised in a mineral claim, and the application is refused, the claim shall lapse.\n27—Land not to be subject to successive mineral claims\n\t(1)\tWhere a mineral claim lapses or is surrendered, cancelled or forfeited, no claim covering any of the area of that previous claim shall, without the authority of the Minister or the Warden's Court, be made by, or on behalf of, the person who held the previous claim or a related body corporate within 2 years of its lapse, surrender, cancellation or forfeiture.\n\t(2)\tIf 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)).\n\t(3)\tA determination of the Minister under subsection (2) will have effect in accordance with its terms.\n","sortOrder":15},{"sectionNumber":"Part 5","sectionType":"part","heading":"Exploration licence","content":"Part 5—Exploration licence\n28—Preliminary\n\t(1)\tIn this Part—\nexploration release area means an area identified as an exploration release area in an exploration release area notice;\nexploration release area notice means a notice published in relation to relinquished ground under subsection (5);\nopen ground means land—\n\t(a)\tthat—\n\t(i)\tis not subject to an existing mineral tenement; and\n\t(ii)\tsubject to paragraph (d), is not relinquished ground; or\n\t(b)\tthat 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\n\t(c)\tthat 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\n\t(d)\tthat 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\n\t(e)\tthat 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\n\t(f)\tthat 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;\nrelinquished ground means land—\n\t(a)\tover which an exploration licence has applied where the exploration licence—\n\t(i)\thas expired; or\n\t(ii)\thas been cancelled or fully surrendered; or\n\t(iii)\thas been the subject of an application for renewal, but the application has been withdrawn,\nother 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\n\t(b)\tthat—\n\t(i)\thas been the subject of a reservation under section 8 and that reservation has been revoked; or\n\t(ii)\thas been the subject of a notice under section 15 and the completion date under that notice has expired,\nother 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\n\t(c)\tthat 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\n\t(d)\tthat is to be considered as relinquished ground by virtue of another provision of this Act; or\n\t(e)\tthat 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\n\t(f)\tthat constitutes relinquished ground under the regulations.\n\t(2)\tAn exploration licence is granted by the Minister.\n\t(3)\tAn exploration licence may be granted—\n\t(a)\tin relation to an exploration release area; or\n\t(b)\tin relation to open ground.\n\t(4)\tIf land becomes relinquished ground—\n\t(a)\ta person may not make an application for an exploration licence in relation to any part of the land; and\n\t(b)\ta mineral claim may not be established in relation to any part of the land, other than a mineral claim relating to extractive minerals,\nuntil the land is subject to an exploration release area notice.\n\t(5)\tAn 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.\n\t(6)\tAn exploration release area notice will specify—\n\t(a)\tthe exploration release area; and\n\t(b)\tthe application period for that exploration release area.\n29—Nature of exploration licence\n\t(1)\tAn 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.\n\t(2)\tAn exploration licence must not be granted in respect of extractive minerals.\n\t(3)\tAn 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.\n29A—Application for exploration licence\n\t(1)\tAn application for an exploration licence—\n\t(b)\tmust identify the boundaries of the land in respect of which the licence is being sought in accordance with the requirements of section 56E; and\n\t(c)\tmust be accompanied by such information as may be prescribed by the regulations; and\n\t(d)\tmust be accompanied by the prescribed application fee.\n\t(2)\tIf 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:\n\t(a)\tif the application is the only application received during the application period—the application will be assessed in accordance with this Act;\n\t(b)\tif the application is 1 of 2 or more applications received during the application period—\n\t(i)\tthe applications will be ranked according to their merits after taking into account such factors as the Minister considers appropriate in the particular circumstances; and\n\t(ii)\tthe 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.\n\t(3)\tAn application that relates to open ground may be made at any time.\n\t(4)\tThe following provisions will apply in relation to applications that relate to open ground:\n\t(a)\tif, 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);\n\t(b)\tif, on a particular day, the Director receives 2 or more applications that relate to the same land (wholly or in part)—\n\t(i)\tthe applications will be ranked according to their merits after taking into account such factors as the Minister considers appropriate in the particular circumstances; and\n\t(ii)\tthe 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.\n\t(5)\tThe 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).\n\t(6)\tA ranking under this section will cease to apply if the Minister cancels the ranking on the ground—\n\t(a)\tthat the application is found to be invalid; or\n\t(b)\tthat there is some other default, defect or circumstance that the Minister considers is sufficiently significant to warrant the cancellation of the ranking.\n\t(7)\tThe 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).\n\t(8)\tFurthermore, 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—\n\t(a)\tthe applicant fails to comply with a requirement under this Act that is relevant to the making or consideration of the application; or\n\t(b)\tthe Minister considers—\n\t(i)\tthat 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\n\t(ii)\tthat 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.\n29B—Grant of exploration licence\n\t(1)\tIf 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).\n\t(2)\tThe Minister must give notice of the granting of an exploration licence in the manner prescribed by the regulations.\n30—Incidents of licence\n\t(1)\tAn exploration licence shall—\n\t(a)\tdescribe or delineate the lands in respect of which it is granted; and\n\t(b)\tbe subject to such terms or conditions as may be prescribed and to such additional terms or conditions as the Minister thinks fit and specifies in the licence.\n\t(2)\tThe Minister shall, in determining the terms and conditions subject to which a licence is to be granted under this Part, insofar as the Minister considers to be necessary or appropriate in view of the nature and extent of the licence and any other relevant factor, give consideration to the protection of—\n\t(a)\tany aspect of the environment that may be affected by the conduct of operations in pursuance of the licence;\n\t(b)\tany other lawful activities that may be affected by those operations;\n\t(d)\tany Aboriginal sites or objects within the meaning of the Aboriginal Heritage Act 1988 that may be affected by those operations,\nand may take into consideration such other factors as he considers appropriate in the particular case.\n\t(4)\tThe Minister may, under the terms of an exploration licence or by conditions attached to an exploration licence, limit or define the extent or scope of operations authorised under the licence.\n\t(5)\tWithout limiting any other section, the Minister may add, vary or revoke a term or condition of an exploration licence at any time during the term of the licence considered appropriate by the Minister.\n\t(6)\tHowever, if the Minister acts under subsection (5) without the agreement of the holder of the licence, the holder of the licence may appeal to the ERD Court in relation to the matter.\n\t(7)\tThe ERD Court may, on hearing an appeal under subsection (6)—\n\t(b)\tvary or revoke any term or condition imposed by the Minister, or impose any term or condition considered appropriate by the Court;\n30AAA—Expenditure\n\t(1)\tSubject 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).\n\t(2)\tThe 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).\n\t(3)\tThe 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—\n\t(a)\ta statement—\n\t(i)\toutlining the exploration operations carried out under the exploration licence within a period prescribed by the regulations; and\n\t(ii)\tdeclaring the amount of expenditure incurred in carrying out those operations; and\n\t(b)\ta statement—\n\t(i)\toutlining the exploration operations that the tenement holder intends to carry out under the exploration licence over an ensuing period prescribed by the regulations; and\n\t(ii)\tdeclaring the amount of expenditure that is estimated to be incurred in carrying out those operations.\n\t(4)\tA statement under subsection (3)(a)—\n\t(a)\tmust be accompanied by such information or evidence required by the Minister; and\n\t(b)\twill be registered by the Mining Registrar on the mining register.\n\t(5)\tAny 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.\n\t(6)\tA 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.\n\t(7)\tAny cost associated with a requirement under subsection (6) will be borne by the tenement holder.\n\t(8)\tA report provided under subsection (6) will, if the Minister so determines, be registered on the mining register.\n\t(a)\ta person fails to comply with a preceding subsection; or\n\t(b)\tthe Minister has reason to believe that an amount of expenditure that has actually been incurred is less than an expenditure commitment,\nthe 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.\n\t(10)\tThe 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.\n\t(11)\tThe Minister may, in assessing an application under subsection (10), take into account such matters as the Minister thinks fit, including—\n\t(a)\tthe relationship between any tenement holders who are parties to the application; and\n\t(b)\tthe proximity of the relevant exploration licences to each other.\n\t(12)\tIf 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.\n\t(13)\tThe Minister may, on application by the tenement holder—\n\t(a)\tapprove the deferment of an amount of expenditure under an expenditure commitment; or\n\t(b)\tapprove the variation of an amount of expenditure that would otherwise be required under an expenditure commitment.\n\t(14)\tThis section applies subject to any variation to an expenditure commitment under section 33B.\n30AA—Area of licence\n\t(1)\tThe area of the land in respect of which an exploration licence is granted must not exceed 1 000 square kilometres unless, in the opinion of the Minister, circumstances exist that justify the grant of a licence in respect of a greater area.\n\t(2)\tHowever, if the exploration licence allows for exploratory operations for precious stones in an opal development area, the area of land in respect of which a licence is granted cannot exceed 20 square kilometres unless, in the opinion of the Minister, circumstances exist that justify the grant of a licence in respect of a greater area.\n\t(3)\tThe 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.\n\t(4)\tAn application under subsection (3)—\n\t(b)\tmust be accompanied by such information as may be prescribed by the regulations; and\n\t(c)\tmust be accompanied by the prescribed fee.\n\t(5)\tAn application may not be made under subsection (3)—\n\t(a)\tif the exploration licence is due to expire within 2 years of the making of the application; or\n\t(b)\tif the other party to the agreement is, in relation to the tenement holder, a related body corporate.\n\t(6)\tIf the Minister decides to consider an application under subsection (3) (and notifies the parties accordingly)—\n\t(a)\tthe 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\n\t(b)\tif 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.\n\t(7)\tThe 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.\n\t(8)\tThe tenement holder may at any time withdraw an application under subsection (3) by notice given to the Minister in accordance with the regulations.\n\t(9)\tIf an application is withdrawn, an exploration licence will not be granted to the designated party under this section.\n\t(10)\tIf 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).\n\t(11)\tIn 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.\n30A—Term and renewals of licence\n\t(1)\tAn exploration licence is to be granted for a term decided by the Minister of up to 6 years.\n\t(2)\tIf an exploration licence is granted for a term of less than 6 years, the licence may include a right of renewal but not so the aggregate term of the licence exceeds 6 years during this initial period.\n\t(3)\tAn exploration licence that does not include in its terms a right of renewal may be renewed at the discretion of the Minister from time to time, but not so the aggregate term of the licence exceeds 6 years.\n\t(4)\tAn 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).\n\t(4a)\tAn application under subsection (4) must be accompanied by—\n\t(a)\tsuch information as may be prescribed by the regulations; and\n\t(b)\tany other information that the Minister may require.\n\t(5)\tIf an application for the renewal of an exploration 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.\n\t(6)\tThe Minister may, on renewing an exploration licence, add, vary or revoke a term or condition of an exploration licence.\n\t(7)\tThe following provisions will apply in relation to the renewal of an exploration licence:\n\t(a)\twhen 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);\n\t(b)\tif application is made for renewal of the licence for a period beginning from the 12th anniversary of the grant date—\n\t(i)\tthe 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\n\t(ii)\tthe 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);\n\t(c)\tthe result will be that the maximum period of an exploration licence with any renewals can be up to (but not exceeding) 18 years.\n\t(8)\tSubsection (7) is subject to the qualification that—\n\t(a)\tthe 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\n\t(b)\tlesser reductions may be made by the Minister if retention status has been granted in relation to the exploration licence under section 33B.\n\t(9)\tDespite 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.\n\t(10)\tIf 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.\n\t(11)\tSubsection (10) operates subject to the qualification that on the day on which the licence would otherwise expire—\n\t(a)\tthe 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\n\t(b)\tthe balance of the area will be taken to be relinquished ground.\n\t(12)\tThis 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.\n\t(13)\tFor the purposes of this section, the grant date is the date of the original grant of the relevant exploration licence.\n30AB—Excise of land for public purposes\n\t(1)\tIf, 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).\n\t(2)\tIf 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.\n\t(3)\tThe 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).\n31—Fee\n\t(1)\tThe holder of an exploration licence shall pay to the Minister, annually and in advance, such fee as may be prescribed.\n\t(1a)\tA regulation made for the purposes of subsection (1) may—\n\t(a)\tfix various methods for the calculation of a fee (including according to the total area of land in respect of which an exploration licence is granted);\n\t(b)\tfix differential fees on a basis prescribed by the regulations.\n\t(2)\tThe Minister may reduce, remit or refund a fee under this section if, in his opinion, it is necessary or expedient so to do.\n\t(3)\tThe liability to pay a fee under this section is a debt due to the Crown.\n33A—Minister may describe or delineate land in any manner\n\t(1)\tSubject to the requirements of this Act, the Minister may describe or delineate the land in respect of which an exploration licence is granted in such manner as the Minister deems appropriate.\n\t(2)\tSection 80 does not apply to the extent that an alteration in the manner in which land is described or delineated results in part of the licence area of one exploration licence being superimposed over land comprising part of the licence area of another licence (as described or delineated immediately before the alteration).\n\t(3)\tThe regulations may, in connection with the operation of subsection (2), prescribe terms and conditions governing the coexistence of exploration licences that have been granted over the same land as a result of the Minister altering the manner in which the land is described or delineated.\n\t(4)\tIf part of the licence area of one exploration licence is superimposed over land comprising part of the licence area of another licence under this section, and rights of one of the licensees in respect of the part are suspended in accordance with the regulations, the suspension of the rights will continue until either of the following occurs:\n\t(a)\tthe part ceases to comprise part of the licence area of the other licence; or\n\t(b)\tthe other licence expires.\n33B—Retention status\n\t(1)\tThe holder of an exploration licence may apply to the Minister for approval of retention status in relation to the licence under this section.\n\t(2)\tAn application—\n\t(b)\tmust identify the boundaries of the land in respect of which retention status is being sought in accordance with the requirements of section 56E; and\n\t(c)\tmust be accompanied by such information as may be prescribed by the regulations.\n\t(3)\tThe Minister may grant retention status in relation to the exploration licence—\n\t(a)\tif 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\n\t(b)\tif satisfied—\n\t(i)\tthat there is an identified mineral resource located in, on or under the land to which the application relates; and\n\t(ii)\tthat 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\n\t(iii)\tthat it is reasonably likely that mining the relevant land will become commercially viable within the next 6 years; or\n\t(c)\tif satisfied (in the Minister's absolute discretion) that there are other circumstances which justify the granting of retention status under this section.\n\t(4)\tThe 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).\n\t(5)\tThe Minister may, in granting retention status in relation to an exploration licence, or at a subsequent time, do 1 or more of the following:\n\t(a)\tprovide for a reduction in any expenditure commitment applying under section 30AAA;\n\t(b)\tprovide for less reduction in the area of the licence applying in relation to a renewal of the licence under section 30A;\n\t(c)\tprovide for a reduction in the fees that would otherwise be payable under section 31.\n\t(6)\tRetention status is to be granted for a term determined by the Minister of up to 6 years.\n\t(7)\tIf 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.\n\t(8)\tThe 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.\n\t(9)\tThe 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.\n\t(10)\tA 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).\n\t(11)\tThe Minister may approve a proposed work program with or without addition or modification.\n\t(12)\tThe Minister may, on application by the tenement holder—\n\t(a)\tapprove deferment of any work to be carried out under an approved work program; or\n\t(b)\tapprove the variation of an approved work program; or\n\t(c)\tcancel an approved work program.\n\t(13)\tThe 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—\n\t(a)\twhy 1 or more approvals required under another Act or Acts have not been obtained; or\n\t(b)\twhy 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.\n\t(14)\tIf—\n\t(a)\tthe 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\n\t(b)\tthe Minister considers that the holder of the exploration licence has failed to show sufficient cause,\nthe 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.\n\t(15)\tIf 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.\n\t(16)\tIf—\n\t(a)\tland in relation to which retention status applies is not subject to a notice under subsection (13); and\n\t(b)\tthe term of retention status comes to an end while the exploration licence is still in force,\nthe land will return to its original status under the exploration licence.\n","sortOrder":16},{"sectionNumber":"Part 6","sectionType":"part","heading":"Mining leases","content":"Part 6—Mining leases\n34—Preliminary\n\t(1)\tSubject to this Act, the Minister may grant a mining lease to the holder, or to a related body corporate of the holder, of—\n\t(a)\ta registered mineral claim, in respect of the whole or part of land comprised in the claim; or\n\t(b)\tan exploration licence, in respect of the whole or part of land comprised in the licence; or\n\t(c)\ta retention lease, in respect of the whole or part of land comprised in the lease.\n\t(2)\tIf a registered mineral claim or exploration licence relates to a particular stratum, the mining lease must, if granted, relate to the same stratum.\n\t(3)\tA 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.\n\t(4)\tA mining lease is not required to be registered under the Real Property Act 1886.\n35—Nature of mining lease\n\t(1)\tA mining lease—\n\t(a)\tconfers 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\n\t(b)\tauthorises 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.\n\t(2)\tA 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.\n\t(3)\tIn addition, a mining lease is subject to—\n\t(b)\tsuch additional terms and conditions (if any) as the Minister thinks fit and specifies in the lease.\n36—Application for mining lease\n\t(1)\tAn application for a mining lease—\n\t(b)\tmust identify the boundaries of the land in respect of which the lease is being sought in accordance with the requirements of section 56E; and\n\t(c)\tmust be accompanied by a mining proposal—\n\t(i)\tspecifying the authorised operations that are proposed to be carried out under the lease; and\n\t(A)\tan assessment of the environmental impacts of the proposed operations; and\n\t(iii)\tincorporating a draft statement of the criteria to be adopted to measure those environmental outcomes, in a form prescribed by the regulations; and\n\t(iv)\tsetting out the results of the consultation undertaken in connection with the proposed operations in accordance with the regulations; and\n\t(2)\tThe 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).\n37—Approval of application and registration\n\t(1)\tThe Minister—\n\t(a)\tmust not grant a mining lease unless the Minister is satisfied—\n\t(i)\tthat there is a reasonable prospect that the land in respect of which the lease is sought could be effectively and efficiently mined; and\n\t(ii)\tthat appropriate environmental outcomes will be able to be achieved; and\n\t(b)\tmust 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.\n\t(2)\tHowever, 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.\n\t(3)\tIf 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).\n38—Term and renewal of mining lease\n\t(1)\tA mining lease may be granted for such term as may be determined by the Minister and specified in the lease.\n\t(2)\tThe holder of a mining lease may apply for the renewal of the lease before the expiration of the term of the lease.\n\t(3)\tAn 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.\n\t(4)\tAn application under subsection (3) must be accompanied by any other information that the Minister may require.\n\t(5)\tIf 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.\n\t(6)\tIf 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.\n","sortOrder":17},{"sectionNumber":"Part 7","sectionType":"part","heading":"Retention leases","content":"Part 7—Retention leases\n42—Preliminary\n\t(1)\tSubject to this Act, the Minister may grant a retention lease to the holder, or to a related body corporate of the holder, of—\n\t(a)\ta registered mineral claim, in respect of the whole or part of land comprised in the claim; or\n\t(b)\tan exploration licence, in respect of the whole or part of land comprised in the licence; or\n\t(c)\ta mining lease, in respect of the whole or part of land comprised in the lease.\n\t(2)\tIf a registered mineral claim or exploration licence relates to a particular stratum, the retention lease must, if granted, relate to the same stratum.\n\t(3)\tA retention lease is not required to be registered under the Real Property Act 1886.\n43—Nature of retention lease\n\t(1)\tA retention lease is a mineral tenement that is granted in 1 of the following cases:\n\t(a)\twhere 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;\n\t(b)\twhere 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;\n\t(c)\twhere 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.\n\t(2)\tA retention lease—\n\t(a)\tconfers an exclusive right on the tenement holder to prospect for minerals on the land comprised in the lease; and\n\t(b)\tconfers 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\n\t(c)\tconfers on the tenement holder an exclusive right to apply for a mining lease in respect of the land comprised in the lease.\n\t(3)\tA retention lease is subject to—\n\t(b)\tsuch additional terms and conditions (if any) as the Minister thinks fit and specifies in the lease.\n44—Application for retention lease\n\t(1)\tAn application for a retention lease—\n\t(b)\tmust identify the boundaries of the land in respect of which the lease is being sought in accordance with the requirements of section 56E; and\n\t(c)\texcept as provided by the regulations, must be accompanied by a retention proposal—\n\t(i)\tspecifying 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\n\t(A)\tan assessment of the environmental impacts of any proposed authorised operations to be carried out under the lease; and\n\t(iii)\tincorporating a draft statement of the criteria to be adopted to measure those environmental outcomes, in a form prescribed by the regulations; and\n\t(iv)\tsetting out the results of the consultation undertaken in connection with any proposed operations in accordance with the regulations; and\n\t(2)\tThe 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).\n\t(3)\tThe 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).\n45—Approval of application and registration\n\t(1)\tWithout 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.\n\t(2)\tIf 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).\n46—Term and renewal of retention lease\n\t(1)\tA retention lease may be granted for such term, not exceeding 5 years, as may be determined by the Minister and specified in the lease.\n\t(2)\tThe holder of a retention lease may apply for the renewal of the lease before the expiration of the term of the lease.\n\t(3)\tAn application for the renewal of a retention lease—\n\t(a)\tmust be made to the Minister in a manner and form determined by the Minister; and\n\t(4)\tThe 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).\n\t(5)\tIf 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.\n\t(6)\tIf 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.\n","sortOrder":18},{"sectionNumber":"Part 8","sectionType":"part","heading":"Miscellaneous purposes licences","content":"Part 8—Miscellaneous purposes licences\n47—Preliminary\n\t(1)\tThe Minister may grant to any person a miscellaneous purposes licence in respect of mineral land.\n\t(2)\tA miscellaneous purposes licence may not be granted over an area of land exceeding the maximum permissible area prescribed by the regulations.\n48—Nature of miscellaneous purposes licence\n\t(1)\tA miscellaneous purposes licence is a mineral tenement that is granted for ancillary operations.\n\t(2)\tThe 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.\n\t(3)\tA miscellaneous purposes licence is subject to—\n\t(b)\tsuch additional terms and conditions (if any) as the Minister thinks fit and specifies in the licence.\n49—Application for miscellaneous purposes licence\n\t(1)\tAn application for a miscellaneous purposes licence—\n\t(b)\tmust identify the boundaries of the land in respect of which the licence is being sought in accordance with the requirements of section 56E; and\n\t(c)\tmust be accompanied by a proposal—\n\t(i)\tspecifying the nature and extent of the ancillary operations that are proposed to be carried out under the licence; and\n\t(A)\tan assessment of the environmental impacts of the proposed operations; and\n\t(iii)\tincorporating a draft statement of the criteria to be adopted to measure those environmental outcomes, in a form prescribed by the regulations; and\n\t(iv)\tsetting out the results of the consultation undertaken in connection with the proposed operations in accordance with the regulations; and\n\t(2)\tThe 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).\n50—Approval of application and registration\n\t(1)\tWithout 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.\n\t(2)\tIf 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).\n51—Term and renewal of miscellaneous purposes licence\n\t(1)\tA miscellaneous purposes licence may be granted for such term as may be determined by the Minister and specified in the licence.\n\t(2)\tThe holder of a miscellaneous purposes licence may apply for the renewal of the licence before the expiration of the term of the licence.\n\t(3)\tAn application for the renewal of a miscellaneous purposes licence—\n\t(a)\tmust be made to the Minister in a manner and form determined by the Minister; and\n\t(4)\tThe 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).\n\t(5)\tIf 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.\n\t(6)\tIf 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.\n","sortOrder":19},{"sectionNumber":"Part 8A","sectionType":"part","heading":"Special mining enterprises","content":"Part 8A—Special mining enterprises\n56A—Object of this Part\nThe object of this Part is to facilitate the establishment, development or expansion of mining enterprises of major significance to the economy of this State by allowing greater security and flexibility of tenure.\n56B—Special mining enterprises\n\t(1)\tFor the purposes of this Part, a mining enterprise (whether existing or proposed) is a special mining enterprise if—\n\t(a)\tthe 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\n\t(b)\tthe 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\n\t(c)\tthe Governor has ratified the agreement between the Minister and the proponent.\n\t(2)\tThis Part has effect subject to any guidelines issued by the Minister for the purposes of this Part.\n\t(3)\tThe 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:\n\t(a)\tsection 56E;\n\t(b)\tsection 56F;\n\t(c)\tsection 56G;\n\t(d)\tsection 56H;\n\t(e)\tsection 56I.\n\t(4)\tAn 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.\n\t(5)\tAn agreement under subsection (1)(b)—\n\t(a)\tmust be in a form determined by the Minister after consultation with the proponent; and\n\t(b)\thas effect when ratified by the Governor and registered on the mining register; and\n\t(c)\tsubject 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.\n\t(6)\tAn 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.\n56BA—Concept phase\n\t(1)\tThe 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.\n\t(2)\tConsultation 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.\n\t(3)\tAn application—\n\t(a)\tmust incorporate or be accompanied by such information as may be prescribed by the regulations; and\n\t(4)\tThe Director may require the proponent—\n\t(a)\tto 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\n\t(b)\tto 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\n\t(c)\tto take any other action specified by the Director.\n\t(5)\tThe Director may—\n\t(a)\tbring the consultation envisaged by subsection (1) to an end as the Director thinks fit; and\n\t(b)\tat the end of the consultation, advise the proponent—\n\t(i)\tthat the matter may proceed to an application to the Minister for the purposes of this Part; or\n\t(ii)\tthat the matter is not, in the opinion of the Director, suitable for further consideration under this Part.\n\t(6)\tIf 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).\n56BB—Application phase\n\t(1)\tIf a proponent is entitled to proceed to make an application to the Minister, the application—\n\t(b)\tmust be accompanied by a proposal containing the full particulars of the mining enterprise, including—\n\t(i)\tinformation 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\n\t(ii)\ta 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\n\t(iii)\tan 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\n\t(iv)\tan assessment of the benefits to the State derived or expected to be derived from the enterprise; and\n\t(v)\tan assessment of the expected environmental effects of the enterprise; and\n\t(vi)\ta 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\n\t(vii)\ta 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\n\t(c)\tmust be accompanied by such other information as may be prescribed by the regulations; and\n\t(d)\tmust be accompanied by the prescribed fee.\n\t(2)\tThe 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).\n\t(3)\tAn 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.\n\t(4)\tThe 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.\n\t(5)\tNo 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—\n\t(a)\t28 days after the application is refused or withdrawn; or\n\t(b)\ta mineral tenement (or tenements) are granted to the proponent over the land.\n\t(6)\tThe Minister must give notice of the approval of an application under this section in accordance with any prescribed requirements.\n56C—Power to exempt from or modify Act\n\t(1)\tThe Minister may, in accordance with the terms of an agreement under this Part (as ratified by the Governor)—\n\t(a)\texempt a special mining enterprise from any provision of this Act; or\n\t(b)\tmodify the application of a requirement of this Act in relation to the enterprise.\n\t(2)\tAn exemption or modification cannot be granted or made to this Part in respect of the application of the following provisions of this Act:\n\t(a)\tsections 9 and 9AA;\n\t(b)\tsection 61;\n\t(c)\tPart 9B;\n\t(d)\tPart 10A;\n\t(e)\tany other provision specified by the regulations.\n\t(3)\tAn exemption or modification may be subject to conditions stipulated in the agreement.\n\t(4)\tAn exemption or modification may not be granted or made under this section so as to discriminate against the holders of native title in land.\n\t(5)\tThe Minister may vary or revoke an exemption or modification in accordance with and subject to the terms of the agreement.\n\t(6)\tThe Minister must cause notice of an exemption or modification, and of any subsequent variation or revocation of it, to be published in the Gazette.\n\t(7)\tA person who contravenes or fails to comply with a condition of an exemption or modification under this section is guilty of an offence.\n56D—Existing tenements\n\t(1)\tIf land comprised in a mineral tenement granted in relation to a special mining enterprise pursuant to an agreement under this Part was, immediately before the granting of the tenement, comprised in a lease or licence held under this Act in respect of the same enterprise—\n\t(a)\tthe lease or licence is, by force of this subsection, subsumed into the new mineral tenement; and\n\t(b)\tsubject to a determination of the Minister or a court—\n\t(i)\tan interest (whether legal or equitable) in, or affecting, the lease or licence so subsumed (being an interest in force immediately before the granting of the mineral tenement) continues to have the same effect in respect of the mineral tenement as it had before the tenement was granted; and\n\t(ii)\ta liability of the holder of the mineral tenement in existence immediately before the granting of the tenement is not affected by the granting of the tenement; and\n\t(iii)\tan approval, consent, licence or exemption granted under another Act or law with respect to the carrying out of an operation or activity under the lease or licence will be taken to have been granted with respect to the carrying out of the same operation or activity under the new mineral tenement if the extent of the operation or activity, and the area of land over which it is to be carried out, are not to be substantially increased.\n\t(2)\tIf—\n\t(a)\tan existing lease or licence is to be subsumed into a new mineral tenement under this Part; and\n\t(b)\tthe existing lease or licence is subject to a term or condition that has been included to protect the environment,\nthen the Minister must ensure that a comparable term or condition is included in the new tenement.\n","sortOrder":20},{"sectionNumber":"Part 8B","sectionType":"part","heading":"Common provisions","content":"Part 8B—Common provisions\nDivision 1—Identifying areas and considering applications\n56E—Identification of areas\n\t(a)\testablishing a mineral claim; and\n\t(b)\tan application for an exploration licence; and\n\t(c)\tan application by the holder of an exploration licence for retention status in relation to the licence; and\n\t(d)\tan application for—\n\t(i)\ta mining lease; or\n\t(ii)\ta retention lease; or\n\t(iii)\ta miscellaneous purposes licence; and\n\t(e)\tany mineral tenement once it is registered under this Act.\n\t(2)\tAn 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.\n\t(3)\tWithout 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.\n\t(4)\tThe 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.\n\t(5)\tWithout 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.\n56F—Related environmental legislation\n\t(a)\tan application for an exploration licence or for the renewal of an exploration licence; and\n\t(b)\tan application for a mining lease or for the renewal of a mining lease; and\n\t(c)\tan application for a retention lease or for the renewal of a retention lease; and\n\t(d)\tan application for a miscellaneous purposes licence or for the renewal of a miscellaneous purposes licence; and\n\t(e)\tan application for a change in operations under Division 7; and\n\t(f)\tin 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.\n\t(2)\tIf 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.\n56G—Specially protected areas\n\t(a)\tan application for an exploration licence or for the renewal of an exploration licence; and\n\t(b)\tan application for a mining lease or for the renewal of a mining lease; and\n\t(c)\tan application for a retention lease or for the renewal of a retention lease; and\n\t(d)\tan application for a miscellaneous purposes licence or for the renewal of a miscellaneous purposes licence; and\n\t(e)\tan application for a change in operations under Division 7; and\n\t(f)\tin 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.\n\t(2)\tIf 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.\n\t(3)\tIf 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—\n\t(a)\ton the decision to be made on the application; or\n\t(b)\ton any terms or conditions that should be applied if the application is approved,\nthe Ministers 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).\nDivision 2—Notice\n56H—Notice\n\t(a)\tan application for—\n\t(i)\ta mining lease; or\n\t(ii)\ta retention lease (unless exempt by the regulations); or\n\t(iii)\ta miscellaneous purposes licence; or\n\t(b)\tan application under Division 7 (to the extent that the requirements of that Division are applied by the regulations).\n\t(2)\tThe 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—\n\t(a)\tto the owner of the land to which the application relates; and\n\t(b)\tif the land is within the area of a council—to the council.\n\t(3)\tIn 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—\n\t(a)\tdescribing 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\n\t(b)\tspecifying a place where the application may be inspected; and\n\t(c)\tinviting written submissions in relation to the application to the Minister within a time specified in the invitation.\n\t(4)\tThe Minister—\n\t(a)\tmust 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\n\t(b)\tmay require the applicant to respond to any matter raised in any such submission within a period specified by the Minister.\n\t(5)\tA 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.\n\t(6)\tIn 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).\n\t(7)\tThe 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.\n\t(8)\tAs 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.\nDivision 3—Terms and conditions\n56I—Matters to be considered\n\t(1)\tThis section applies in relation to an application for—\n\t(a)\ta mining lease; or\n\t(b)\ta retention lease; or\n\t(2)\tThe 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—\n\t(a)\tany aspect of the environment that may be affected by the conduct of authorised operations under the tenement; and\n\t(b)\tany other lawful activities that may be affected by those authorised operations; and\n\t(c)\tany Aboriginal sites or objects within the meaning of the Aboriginal Heritage Act 1988 that may be affected by those authorised operations,\nand may take into consideration such other factors or matters as the Minister considers appropriate in the particular case.\n56J—Alteration of terms and conditions\n\t(2)\tWithout 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—\n\t(a)\tto 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\n\t(b)\tto 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\n\t(c)\ttaking into account any other matter prescribed by the regulations.\n\t(3)\tThe Minister must take reasonable steps to consult with the holder of the relevant mineral tenement before acting under subsection (2).\n\t(4)\tIf—\n\t(a)\tthe Minister acts under subsection (2) during the term of the relevant mineral tenement; and\n\t(b)\tthe Minister acts without the agreement of the tenement holder,\nthe tenement holder may appeal to the ERD Court in relation to the matter.\n\t(5)\tThe ERD Court may, on hearing an appeal under subsection (4)—\n\t(b)\tvary or revoke any term or condition imposed by the Minister, or impose any term or condition considered appropriate by the Court;\n\t(6)\tSubsections (3), (4) and (5) do not apply in any circumstances prescribed by the regulations.\n56K—Special term or condition relating to extractive minerals\nThe terms or conditions of a mineral tenement may—\n\t(a)\tmake provision for the management and use of extractive minerals produced during the course of carrying out authorised operations under the tenement; and\n\t(b)\tprovide for the exemption of those extractive minerals from the payment of royalty.\n56L—Offence to contravene term or condition\nA person must not contravene, or fail to comply with, a term or condition of a mineral tenement.\nDivision 4—Rental\n56M—Rental\n\t(2)\tA 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).\n\t(3)\tSubject to this section, the amount by way of rental is payable to the Minister.\n\t(4)\tSubject to this section, 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:\n\t(a)\tthe 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);\n\t(b)\ta 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;\n\t(c)\tif a balance remains after distribution under paragraph (b), the balance is to be retained by the Minister.\n\t(5)\tDespite subsection (4), if a tenement holder or any related body corporate is also a registered proprietor of an estate in fee simple of land, the scheme under subsection (4) will not apply in relation to the holder.\n\t(6)\tSubject to this section, 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:\n\t(a)\tthe 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);\n\t(b)\ta 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;\n\t(c)\tif a balance remains after distribution under paragraph (b), the balance is to be retained by the Minister.\n\t(7)\tIn addition, if—\n\t(a)\tthe 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\n\t(b)\ta valid claim for native title conferring a right to exclusive possession is subsequently made in relation to the land,\nthen 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)).\n\t(8)\tFor 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).\n\t(9)\tSubsections (4) to (8) do not apply in relation to land owned by—\n\t(a)\ta Minister; or\n\t(b)\tthe Commissioner for Highways; or\n\t(c)\tany other agency or instrumentality of the Crown prescribed by the regulations.\n\t(9a)\tSubsections (4) to (8) do not apply if application for the mineral tenement to which this section applies was made on or after 1 July 2025.\n\t(9b)\tFor the purposes of subsection (4), if a relevant interest in a parcel of land over which a mineral tenement is granted has been transferred (other than by reason of the registered proprietor being deceased or where the Minster is satisfied that a familial relationship exists between the transferor and transferee) on or after 1 July 2026, the net amount available for distribution under that subsection in respect of that parcel of land will be taken to be 50% of the amount remaining after deduction of 5% of the amount payable to the Minister.\n\t(9c)\tFor the purposes of subsection (9b), a familial relationship exists between a transferor and a transferee if—\n\t(a)\tthe transferor is an individual, or a trustee for an individual, and the transferee is a relative of, or a trustee for a relative of, that individual; or\n\t(b)\tthe transferor is an individual, or a trustee for an individual, and the transferee is a family company the shareholders of which are relatives of that individual; or\n\t(c)\tthe transferor is a family company and the transferee is a relative of the shareholders of the company, or a trustee for a relative of the shareholders of the company; or\n\t(d)\tthe transferor and the transferee are family companies and the shareholders of the transferor are relatives of the shareholders of the transferee; or\n\t(e)\tthe Minister determines, after considering information provided by the transferor or transferee, that a familial relationship exists between them.\n\t(9d)\tFor the purposes of this section, the Minister may, by written notice, require—\n\t(a)\tthat a person provide such information or evidence as the Minister may require for the purposes of considering whether a familial relationship exists; and\n\t(b)\tthat the information or evidence be given on oath or verified by statutory declaration.\n\t(10)\tAn 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.\n\t(11)\tIn this section—\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;\nfamily company—a company is a family company if each shareholder of the company is a relative of all other shareholders of the company;\nrelative, in relation to an individual, means a person who is—\n\t(a)\ta child or remoter lineal descendant of the individual or of the spouse or domestic partner of the individual; or\n\t(b)\ta parent or remoter lineal ancestor of the individual or of the spouse or domestic partner of the individual; or\n\t(c)\ta brother or sister of the individual or of the spouse or domestic partner of the individual; or\n\t(d)\ta child or remoter lineal descendant of the brother or sister of the individual or of the spouse or domestic partner of the individual; or\n\t(e)\tthe spouse or domestic partner of the individual or a spouse or domestic partner of any person referred to in paragraph (a), (b) or (c);\nspouse—a person is the spouse of another if they are legally married.\n56N—Debt payable to Crown\nThe liability to pay any rental under this Division is a debt due to the Crown.\nDivision 5—Rectification of boundaries\n56O—Rectification of boundaries\n\t(1)\tThis section applies in relation to any mineral tenement.\n\t(2)\tThe Mining Registrar may—\n\t(a)\tvary the boundaries or delineation of a mineral tenement; or\n\t(b)\tauthorise the moving or replacement of any pegs or other items used to identify a mineral tenement; or\n\t(c)\ttake or authorise other action to clarify or rectify the area, location or boundaries of a mineral tenement.\n\t(3)\tHowever—\n\t(a)\tthe Mining Registrar may only act under subsection (2)(a) or (b)—\n\t(i)\tif the Mining Registrar is acting with the consent of the tenement holder; or\n\t(ii)\tif authorised to do so by a determination of the Warden's Court made on application by the Mining Registrar; and\n\t(b)\tthe Mining Registrar may only act under subsection (2)(c) after consultation with the tenement holder.\nDivision 6—Amalgamation of areas\n56P—Amalgamation of areas\n\t(1)\tThis section applies in relation to any mineral tenement.\n\t(2)\tThe 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).\n\t(3)\tIf an amalgamation proceeds under this section—\n\t(a)\tthe 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\n\t(b)\tthe terms and conditions of the tenement will be as determined by the Minister after consultation with the tenement holder (or tenement holders); and\n\t(c)\tthe 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\n\t(d)\tthe 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).\n","sortOrder":21},{"sectionNumber":"Div 7","sectionType":"division","heading":"Change in operations","content":"Division 7—Change in operations\n56Q—Preliminary\n\t(1)\tThis Division applies if both subsections (2) and (3) apply (subject to the operation of subsection (4)).\n\t(2)\tThis Division applies in relation to—\n\t(3)\tThis Division applies in relation to a proposal by the tenement holder—\n\t(a)\tto make a change to the authorised operations to be carried out under the tenement; or\n\t(b)\twithout limiting paragraph (a)—to make a change—\n\t(i)\tin the mineral that is intended to be recovered; or\n\t(ii)\tthat 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\n\t(iii)\tto the terms or conditions of the tenement; or\n\t(c)\tto make a change of any prescribed kind.\n\t(4)\tThis Division does not apply in any circumstances prescribed by the regulations.\n\t(5)\tA change to which this Division applies must not be made without the approval of the Minister.\n56R—Application\n\t(1)\tAn application for the approval of the Minister under this Division—\n\t(b)\tmust be accompanied by—\n\t(i)\ta proposal relating to the change being proposed by the tenement holder that complies with any requirements prescribed by the regulations; and\n\t(ii)\tsuch other information prescribed by the regulations; and\n\t(c)\tmust be accompanied by the prescribed fee.\n\t(2)\tThe 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).\n56S—Consultation\nThe Minister—\n\t(a)\tmay undertake such consultation in relation to an application under this Division as the Minister thinks fit; and\n\t(b)\tmust undertake consultation under Division 2 in relation to an application under this Division if required to do so by the regulations.\n56T—Consideration of proposal\n\t(a)\ta change included in a proposal under this Division relates to extractive minerals; and\n\t(b)\tthe relevant mineral tenement has not previously applied in relation to extractive minerals; and\n\t(c)\tthe 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,\nthe Minister must not approve the change except with the written consent of the owner of the land.\n\t(2)\tConsent given by an owner of land under subsection (1) is binding on all subsequent owners of the land.\n\t(3)\tSubsection (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.\n\t(4)\tIn addition, the Minister must not approve a change included in a proposal under this Division unless satisfied—\n\t(a)\tin 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\n\t(b)\tthat appropriate environmental outcomes will be able to be achieved; and\n\t(c)\tthat the change will not adversely affect the ability of the tenement holder to comply with the other requirements of this Act.\n56U—Terms and conditions\n\t(1)\tThe 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).\n\t(2)\tThe Minister must, in acting under subsection (1), give proper consideration to—\n\t(a)\tany aspect of the environment that may be affected by the change in authorised operations under the tenement; and\n\t(b)\tany other lawful activities that may be affected by the change; and\n\t(c)\tany Aboriginal sites or objects within the meaning of the Aboriginal Heritage Act 1988 that may be affected by the change,\nand may take into consideration such other factors or matters as the Minister considers appropriate in the particular case.\n56V—Registration\n\t(1)\tIf 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).\n\t(2)\tThe Minister must give notice of the granting of an approval under this Division in the manner prescribed by the regulations.\n","sortOrder":22},{"sectionNumber":"Div 8","sectionType":"division","heading":"Cancellation, suspension and surrender","content":"Division 8—Cancellation, suspension and surrender\n56W—Cancellation and suspension—action by Minister\n\t(a)\tan exploration licence; or\n\t(b)\ta mining lease; or\n\t(c)\ta retention lease; or\n\t(d)\ta miscellaneous purposes licence.\n\t(2)\tThe Minister may cancel or suspend a mineral tenement to which this section applies if the tenement holder contravenes or fails to comply with—\n\t(a)\ta term or condition of the tenement; or\n\t(b)\ta provision of this Act.\n\t(3)\tThe Minister may suspend all or some of the authorised operations under a mineral tenement to which this section applies—\n\t(a)\tpending compliance with an obligation or requirement under this Act by the tenement holder; or\n\t(b)\tuntil the tenement holder takes some other step specified by the Minister; or\n\t(c)\ton account of any other matter that, in the opinion of the Minister, warrants suspension of rights under the tenement.\n\t(4)\tThe Minister must not take action under this section unless or until the Minister has—\n\t(a)\ttaken 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\n\t(b)\tprovided the tenement holder with an opportunity to make written submissions in relation to the matter within a period specified by the Minister.\n\t(5)\tThe Minister may, after complying with subsection (4), by instrument registered on the mining register, cancel or suspend a mineral tenement.\n\t(6)\tThe Minister must ensure that a notice of the cancellation or suspension of a mineral tenement under subsection (5) is given to the tenement holder.\n\t(7)\tA tenement holder may, within 28 days after receiving a notice under subsection (6), appeal to the ERD Court in relation to the matter.\n\t(8)\tThe 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)—\n\t(a)\trevoke the cancellation or suspension; and\n\t(b)\tmake any consequential or ancillary order that the Court considers necessary or appropriate.\n\t(9)\tIf 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.\n56X—Surrender on application\n\t(1)\tA tenement holder may apply to the Minister for an approval to surrender—\n\t(a)\tthe mineral tenement; or\n\t(b)\ta part of the area of the mineral tenement.\n\t(2)\tAn application must be—\n\t(a)\tmade in a manner and form determined by the Minister; and\n\t(b)\taccompanied by such information as may be prescribed by the regulations.\n\t(3)\tThe Minister may, if or when satisfied that it is appropriate to do so, by instrument registered on the mining register, approve the surrender.\n\t(4)\tIf 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.\n\t(5)\tIf 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.\n","sortOrder":23},{"sectionNumber":"Div 9","sectionType":"division","heading":"Extension of term or reinstatement of tenement","content":"Division 9—Extension of term or reinstatement of tenement\n56Y—Extension of term of tenement\n\t(a)\ta mining lease; or\n\t(b)\ta retention lease; or\n\t(2)\tWithout 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—\n\t(a)\tthat the tenement holder to which this section applies has contravened, or failed to comply with, a provision of this Act; and\n\t(b)\tthat the term of the tenement should be extended in order to support the requirement that the tenement holder take action—\n\t(i)\tto rehabilitate land in accordance with the requirements of a program under Part 10A; or\n\t(ii)\tto rehabilitate land to a standard required to secure compliance with a condition of the mineral tenement; or\n\t(iii)\tto prevent or address undue damage to the environment,\n(including to land outside the area of the mineral tenement).\n\t(3)\tIn 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).\n\t(4)\tThe Minister must take reasonable steps to consult with the holder of the relevant mineral tenement before acting under subsection (2).\n\t(5)\tIf the Minister acts without the agreement of the tenement holder, the tenement holder may appeal to the ERD Court in relation to the matter.\n\t(6)\tThe ERD Court may, on hearing an appeal under subsection (5)—\n\t(b)\timpose any term or condition considered appropriate by the Court;\n56Z—Reinstatement of tenement\n\t(a)\tif the regulations so provide—an exploration licence; or\n\t(b)\ta mining lease; or\n\t(c)\ta retention lease; or\n\t(d)\ta miscellaneous purposes licence,\n(being a tenement that has expired).\n\t(2)\tThis 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.\n\t(3)\tThe Minister may act under this section if the Minister considers—\n\t(a)\tthat the tenement holder to which this section applies has contravened, or failed to comply with, a provision of this Act; and\n\t(b)\tthat the tenement should be reinstated in order to support the requirement that the tenement holder take action—\n\t(i)\tto rehabilitate land in accordance with the requirements of a program under Part 10A; or\n\t(ii)\tto rehabilitate land to a standard required to secure compliance with a condition of the mineral tenement; or\n\t(iii)\tto prevent or address undue damage to the environment,\n(including to land outside the area of the mineral tenement).\n\t(4)\tIn 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).\n\t(5)\tThe 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.\n\t(6)\tIf the Minister decides to act under this section—\n\t(a)\tthe 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\n\t(b)\tany section of this Act prescribed by the regulations will not apply in relation to the mineral tenement.\n\t(7)\tThe 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.\n\t(8)\tThe term of the mineral tenement, as reinstated under this section, will be—\n\t(a)\ta term determined by the Minister; or\n\t(b)\ta term that expires at some later time on a date to be determined by the Minister.\n\t(9)\tThe Minister reinstates a mineral tenement under this section by instrument registered on the mining register.\n\t(10)\tThe 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.\n\t(11)\tTo 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.\n","sortOrder":24},{"sectionNumber":"Div 10","sectionType":"division","heading":"Assessment reports","content":"Division 10—Assessment reports\n56ZA—Assessment reports\n\t(1)\tThe Minister must prepare a report (an assessment report) that sets out or includes the Minister's assessment in respect of the following:\n\t(a)\tan application for a mineral tenement under this Act;\n\t(b)\twithout limiting paragraph (a), the ranking of applications for exploration licences in relation to an exploration release area;\n\t(c)\tan application for retention status under section 33B;\n\t(d)\tan application to amalgamate the areas of 2 or more mineral tenements under Division 6;\n\t(e)\tan application for a change in operations under Division 7;\n\t(f)\ta decision to cancel, suspend or surrender a mineral tenement under Division 8;\n\t(g)\ta 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;\n\t(h)\tany other matter prescribed by the regulations.\n\t(2)\tThe Minister must, in preparing a report under this section—\n\t(a)\tset out or include information about any submission that was made to the Minister in connection with a matter referred to in subsection (1); and\n\t(b)\tset 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\n\t(c)\tinclude any other information or material that the Minister thinks fit.\n\t(3)\tThe Minister may publish an assessment report in such manner, and to such extent, as the Minister thinks fit.\n\t(4)\tNo liability attaches to the Minister in connection with—\n\t(a)\ta decision by the Minister to include any particular matter, information or material in an assessment report; or\n\t(b)\ta decision by the Minister to publish an assessment report.\n","sortOrder":25},{"sectionNumber":"Part 9","sectionType":"part","heading":"Entry upon land, compensation and restoration","content":"Part 9—Entry upon land, compensation and restoration\n57—Entry on land\nSubject to this Part, a person authorised to undertake prospecting, exploration, mining for minerals or ancillary operations under this Act—\n\t(a)\tmay enter any mineral land (except exempt land) for the purpose of carrying out authorised operations in accordance with this Act; and\n\t(b)\tmay enter exempt land for the purpose of establishing or otherwise identifying a claim.\n58—How entry on land may be authorised\nA tenement holder may enter land to carry out authorised operations on the land—\n\t(a)\tif the tenement holder has an agreement1 with the owner of the land authorising the tenement holder to enter the land to carry out authorised operations on the land; or\n\t(ab)\tif the tenement holder has an agreement or order to waive the benefit of an exemption under section 9AA; or\n\t(ac)\tif the tenement holder has obtained the written consent of the owner of the land under section 75; or\n\t(b)\tif the tenement holder is authorised by a native title mining determination to enter the land to carry out authorised operations on the land; or\n\t(ba)\tif the tenement holder is authorised by an indigenous land use agreement registered under the Native Title Act 1993 (Cwth) to enter the land to carry out authorised operations on the land; or\n\t(c)\tif—\n\t(i)\tthe tenement holder has given any notice required under section 58A; and\n\t(ii)\tthe authorised operations will not affect native title in the land; and\n\t(iii)\tthe tenement holder complies with any determination made on objection to entry on the land, or the use or unconditional use of the land, or portion of the land, for authorised operations;2 or\n\t(d)\tif the land to be entered is in a precious stones field and the authorised operations will not affect native title in the land; or\n\t(e)\tif the tenement holder enters the land to continue authorised operations that had been lawfully commenced on the land before the commencement of this section.\nA tenement holder's right to enter land to carry out mining operations on the land is contingent on the operator holding the relevant mineral tenement.\n","sortOrder":26},{"sectionNumber":"1","sectionType":"section","heading":"If the land is native title land, the agreement is to be negotiated under Part 9B.","content":"1\tIf the land is native title land, the agreement is to be negotiated under Part 9B.\n","sortOrder":27},{"sectionNumber":"2","sectionType":"section","heading":"See section 58A(5).","content":"2\tSee section 58A(5).\n58A—Notice requirements\n\t(1)\tA person who is—\n\t(a)\tintending to prospect for minerals under section 20; or\n\t(b)\tthe holder of an exploration licence or a mineral claim,\nmust, at least 42 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.\n\t(2)\tA person who is intending to commence advanced exploration operations that are not within the ambit of a notice under subsection (1) must, at least 42 days before first commencing those operations, serve on the owner of the relevant land notice of intention to commence those operations.\n\t(3)\tA 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.\n\t(4)\tA notice under subsection (3)—\n\t(a)\tmust 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\n\t(b)\tis 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.\n\t(5)\tA notice must be served in accordance with the regulations.\n\t(6)\tA copy of a notice must be served on the Mining Registrar (for registration on the mining register) in accordance with the regulations.\n\t(7)\tIf the land is subject to a licence under the Energy Resources 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.\n\t(8)\tHowever, a notice is not required under subsection (7) if the holder of the licence under the Energy Resources Act 2000 has waived the requirement for notice to be given under that subsection.\n\t(9)\tIf a notice is to be given in respect of land that is held under—\n\t(a)\ta form of title (other than a licence under the Energy Resources Act 2000) that confers a right to exclusive possession of the land; or\n\t(b)\ta hydrogen generation licence, a renewable energy infrastructure licence, an associated infrastructure licence or a special enterprise licence under the Hydrogen and Renewable Energy Act 2023 in relation to which an approved statement of environmental objectives within the meaning of that Act is in force; or\n\t(c)\ta pastoral lease,\nthe following provisions apply:\n\t(d)\tthe notice must contain a statement of the owner of land's rights of objection and compensation under this Act;\n\t(e)\tthe owner of land may, within 3 months after service of the notice, lodge a notice of objection with the appropriate court objecting—\n\t(i)\tto entry on the land by the person who served the notice; or\n\t(ii)\tto the use, or the unconditional use, of the land, or a portion of the land, for authorised operations.\n\t(10)\tThe court must send a copy of a notice of objection received under subsection (9) to the person who served the notice.\n\t(11)\tThe 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.\n\t(12)\tIf 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—\n\t(a)\tdetermine that the land, or a particular part of the land, should not be used for the purposes of the proposed authorised operations; or\n\t(b)\tdetermine 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.\n\t(13)\tA person who conducts authorised operations in contravention of a determination under this section is guilty of an offence.\n\t(14)\tA notice under this section is not required if—\n\t(a)\tthe land to be entered is in a precious stones field; or\n\t(b)\tthe 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\n\t(c)\tthe person who would otherwise be required to give such a notice is authorised to enter the land under a native title mining determination; or\n\t(d)\tthe 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\n\t(e)\tthe 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).\n\t(15)\tA notice under this section must be in a form determined or approved by the Minister.\n\t(16)\tNothing in this section requires a tenement holder to serve a new notice if or when there is a change in ownership of land.\n61—Compensation\n\t(1)\tThe 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.\n\t(2)\tIn determining the compensation payable under this section, the following matters shall be considered:\n\t(a)\tany damage caused to the land by the person carrying out the authorised operations; and\n\t(b)\tany loss of productivity or profits as a result of the authorised operations; and\n\t(c)\tany other relevant matters.\n\t(2a)\tThe compensation may include an additional component to cover reasonable costs reasonably incurred by an owner of land in connection with any negotiation or dispute related to—\n\t(a)\tthe tenement holder gaining access to the land; and\n\t(b)\tthe activities to be carried out on the land; and\n\t(c)\tthe compensation to be paid under subsection (1).\n\t(3)\tThe amount of the compensation shall be an amount determined by agreement between the owner and the tenement holder or, in default of agreement, an amount determined, upon application by an interested party, by the appropriate court.\n\t(4)\tThe appropriate court, in determining compensation under this section, shall take into consideration any work that the tenement holder has carried out, or undertakes to carry out, to rehabilitate the land.\n\t(5)\tUpon the hearing of an application for compensation under this section, the appropriate court may order a tenement holder to carry out such work to rehabilitate the land as the Court thinks fit.\n\t(5a)\tIn assessing compensation under subsection (2a), costs in connection with any negotiation or dispute will not be taken to be reasonably incurred if they arise during any period when a reasonable offer of compensation is open to be accepted by the relevant owner of land.\n\t(5b)\tIt 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.\n\t(5c)\tSubsection (5b) operates in addition to any other provision made by this or any other section.\n\t(6)\tFor the purposes of this section—\n\t(a)\ta reference to authorised operations will be taken to include a reference to any investigation or survey under section 15; and\n\t(b)\ta reference to a tenement holder will be taken to include a reference to the Director (in relation to any investigation or survey under section 15).\n62—Bond and security\n\t(1)\tThe Minister may, by notice in writing served on an applicant for, or the holder of, a mineral tenement, require them to enter into a bond in such sum and subject to such terms and conditions as ensure, in the opinion of the Minister, that—\n\t(a)\tany civil or statutory liability likely to be incurred by that person in the course of carrying out authorised operations; and\n\t(b)\tthe present and future obligations of that person in relation to the rehabilitation of land disturbed by authorised operations,\nwill be satisfied.\n\t(2)\tThe Minister may require such security for the satisfaction of the bond as the Minister thinks fit.\n\t(2a)\tIf an applicant for a mineral tenement fails to comply with a requirement under this section, the Minister may refuse the application.\n\t(3)\tIf the holder of a mineral tenement fails to comply with a requirement under this section—\n\t(a)\tthe Minister may, if the requirement has not been complied with at the expiration of one month from the end of the time allowed for compliance, prohibit authorised operations in the area of the tenement; and\n\t(b)\tthe Minister may, if the requirement has not been complied with at the expiration of three months from the end of the time allowed for compliance, cancel the tenement.\n\t(4)\tThe liability to pay an amount under this section is a debt due to the Crown.\n\t(5)\tA person must not contravene a prohibition under subsection (3).\n\t(6)\tIf 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—\n\t(a)\tto 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\n\t(b)\tto satisfy any liability to pay an amount that is due to the Crown under this Act.\n\t(7)\tThe 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.\n\t(8)\tNo action lies against the Minister in respect of the expenditure of money under this section.\n62AA—Mining Rehabilitation Fund\n\t(1)\tThe Minister must establish a fund entitled the Mining Rehabilitation Fund.\n\t(2)\tThe fund will consist of—\n\t(a)\tamounts required to be paid under subsections (3) and (4); and\n\t(b)\tamounts required to be paid into the fund under any other section; and\n\t(c)\tamounts required to be paid into the fund under the regulations; and\n\t(d)\tamounts required to be paid into the fund under any other Act; and\n\t(e)\tany 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).\n\t(3)\tThe 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—\n\t(a)\tbefore the relevant mineral tenement is cancelled, surrendered or expires under this Act; or\n\t(b)\twithin the prescribed period after the relevant mineral tenement is cancelled, surrendered or expires under this Act.\n\t(4)\tThe following matters are specified:\n\t(a)\tthe 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;\n\t(b)\twithout limiting paragraph (a), the extent and likelihood of action that may be required—\n\t(i)\tto reinstate, supplement or improve rehabilitation of land that fails to establish a safe, stable and self-contained environment; and\n\t(ii)\tto maintain environmental management processes; and\n\t(iii)\tto take further action to restore the environment because of environmental damage or impairment resulting from authorised operations.\n\t(5)\tThe Minister may impose a requirement under this section even if a mineral tenement has been reinstated under Part 8B Division 9.\n\t(6)\tThe 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.\n\t(7)\tThe Minister may impose a requirement under this section by notice served on the relevant tenement holder (or former tenement holder).\n\t(8)\tAn 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).\n\t(9)\tThe liability to pay an amount under this section is a debt due to the Crown.\n\t(10)\tMoney standing to the credit of the fund may be used by the Minister for all or any of the following purposes:\n\t(a)\tto fund monitoring and maintenance of any land in relation to which a requirement under this section has been imposed;\n\t(b)\tto 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;\n\t(c)\tto achieve any other environmental outcomes that are related to the ceasing of authorised operations;\n\t(d)\tto fund other programs, or to achieve other outcomes, prescribed by the regulations;\n\t(e)\tto provide for the costs of administering the fund.\n\t(11)\tFor 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—\n\t(a)\tenter and remain on any land with such assistants, vehicles and equipment as may be necessary or expedient for any such purpose; and\n\t(b)\tcarry out tests or any work.\n\t(12)\tA person who interferes with or obstructs any person in the exercise of a power under subsection (11) is guilty of an offence.\nMaximum penalty: $20 000 or imprisonment for 6 months.\n62A—Right to require acquisition of land\n\t(1)\tIf the activities of a tenement holder on land substantially impair the owner's use and enjoyment of the land, the owner may apply to the Supreme Court for an order under this section.\n\t(2)\tThe Court may, on an application under this section, if the Court considers it to be just and appropriate in the circumstances of the particular case—\n\t(a)\tmake an order transferring the owner's land to the holder of the relevant mineral tenement; and\n\t(b)\torder the holder of the relevant mineral tenement to pay to the owner, by way of compensation, after taking into account (to such extent as the Court considers appropriate) any compensation or other amounts that have been paid to the owner under the other provisions of this Act—\n\t(i)\tan amount equivalent to the market value of the land; and\n\t(ii)\ta further amount the Court considers just by way of compensation for disturbance; and\n\t(c)\tmake such other ancillary or related orders as the Court thinks fit.\n\t(3)\tThis section does not apply in relation to an exploration licence.\n63—Extractive Areas Rehabilitation Fund\n\t(1)\tThe Minister shall establish a fund entitled the \"Extractive Areas Rehabilitation Fund\".\n\t(2)\tFrom the royalty received or recovered by the Minister on extractive minerals, the Minister will pay the prescribed rate into the fund.\n\t(3)\tSubject to subsection (4), the Minister may expend any portion of the fund for any of the following purposes:\n\t(a)\tthe rehabilitation of land disturbed by authorised operations for the recovery of extractive minerals (or any costs associated with ensuring that such land is rehabilitated in accordance with the requirements under this Act); and\n\t(b)\tthe implementation of measures designed to prevent, or limit, damage to or impairment of, any aspect of the environment by authorised operations for the recovery of extractive minerals (or any costs associated with ensuring that such measures are implemented or with monitoring such measures); and\n\t(c)\tthe promotion of research into methods of mining engineering and practice by which environmental damage or impairment resulting from authorised operations for the recovery of extractive minerals may be reduced.\n\t(4)\tThe total expenditure in a single financial year of costs associated with ensuring that the land referred to in subsection (3)(a) is rehabilitated in accordance with the requirements under this Act must not exceed an amount equal to 4 cents per tonne for each tonne of extractive minerals on which royalty is payable into the fund for the financial year preceding that year.\n\t(5)\tIn this section—\nprescribed rate means 25 cents per tonne of extractive minerals, or such lesser amount as may be prescribed by the regulations.\n","sortOrder":28},{"sectionNumber":"Part 9B","sectionType":"part","heading":"Native title land","content":"Part 9B—Native title land\nDivision 1—Exploration\n63F—Qualification of rights conferred by exploration authority\n\t(1)\tAn exploration authority confers no right to carry out mining operations on native title land unless—\n\t(a)\tthe mining operations do not affect native title (ie they are not wholly or partly inconsistent with the continued existence, enjoyment or exercise of rights deriving from native title1); or\n\t(b)\ta declaration is made under the law of the State or the Commonwealth to the effect that the land is not subject to native title;2 or\n\t(c)\tan indigenous land use agreement registered under the Native Title Act 1993 (Cwth) provides that statutory rights to negotiate are not intended to apply in relation to the mining operations.3\n\t(2)\tHowever, a person who holds an exploration authority that would, if land were not native title land, authorise mining operations on the land may acquire the right to carry out mining operations on the land (that affect native title) from an agreement or determination authorising the operations under this Part.\n\t(3)\tAn agreement or determination under this Part need not be related to a particular exploration authority.\n\t(4)\tHowever, a tenement holder's right to carry on mining operations that affect native title is contingent on the existence of an exploration authority that would, if the land were not native title land, authorise the tenement holder to carry out the mining operations on the land.\n1\tCf. Native Title Act 1993 (Cwth), section 227.\n2\tA declaration to this effect may be made under Part 4 of the Native Title (South Australia) Act 1994 or the Native Title Act 1993 (Cwth). The effect of such a declaration is that the land ceases to be native title land.\n3\tCf. Native Title Act (Cwth), section 24EB(1)(c).\n63G—Exploration rights to be held in escrow in certain circumstances\n\t(1)\tIf an exploration authority is granted in respect of native title land, and the holder of the authority has no right or no substantial right to explore for minerals on the land because of the absence of an agreement or determination authorising mining operations on the land, the exploration authority does nevertheless, while it remains in force, prevent the grant of registration of another exploration authority for exploring for minerals of the same class within the area to which the authority relates.\n\t(2)\tThe Minister may revoke an exploration authority that is granted entirely or substantially in respect of native title land if it appears to the Minister that the holder of the authority is not proceeding with reasonable diligence to obtain the agreement or determination necessary to authorise the effective conduct of mining operations on the land to which the authority relates.\nDivision 2—Production\n63H—Limits on grant of production tenement\nA production tenement may not be granted or registered over native title land unless—\n\t(a)\tthe mining operations to be carried out under the tenement are authorised by a pre-existing agreement or determination registered under this Part; or\n\t(ab)\tan indigenous land use agreement registered under the Native Title Act 1993 (Cwth) provides that statutory rights to negotiate are not intended to apply in relation to the mining operations to be carried out under the tenement;1 or\n\t(b)\ta declaration is made under the law of the State or the Commonwealth to the effect that the land is not subject to native title.2\n1\tCf. Native Title Act (Cwth), section 24EB(1)(c).\n2\tA declaration to this effect may be made under Part 4 of the Native Title (South Australia) Act 1994 or the Native Title Act 1993 (Cwth). The effect of the declaration is that the land ceases to be native title land.\n63I—Applications for production tenements\n\t(1)\tThe Minister may agree with an applicant for a production tenement over native title land that the tenement will be granted or registered contingent on the registration of an agreement or determination under this Part.\n\t(2)\tThe Minister may refuse an application for a production tenement over native title land if it appears to the Minister that the applicant is not proceeding with reasonable diligence to obtain the agreement or determination necessary to the grant or registration of the tenement to which the application relates (and if the application is refused, the applicant's claim lapses).\nDivision 3—Application for declaration\n63J—Application for declaration\nA person who seeks to carry out mining operations on native title land may apply to the ERD Court for a declaration that the land is not subject to native title.1\n1\tThe application is to be made under the Native Title (South Australia) Act 1994.\nDivision 4—Negotiating procedure\n63K—Types of agreement authorising mining operations on native title land\n\t(1)\tAn agreement authorising mining operations on native title land (a native title mining agreement) may—\n\t(a)\tauthorise mining operations by a particular tenement holder; or\n\t(b)\tauthorise mining operations of a specified class within a defined area by tenement holders of a specified class who comply with the terms of the agreement.\nIf the authorisation relates to a particular tenement holder it is referred to as an individual authorisation. Such an authorisation is not necessarily limited to mining operations under a particular exploration authority or production tenement but may extend also to future exploration authorities or production tenements. If the authorisation does extend to future exploration authorities or production tenements it is referred to as a conjunctive authorisation. An authorisation that extends to a specified class of tenement holders is referred to as an umbrella authorisation.\n\t(2)\tIf a native title mining agreement is negotiated between a tenement holder who does not hold, and is not an applicant for, a production tenement for the relevant land, and native title parties who are claimants to (rather than registered holders of) native title land, the agreement cannot extend to mining operations conducted on the land under a future production tenement.\n\t(3)\tAn umbrella authorisation can only relate to prospecting or mining for precious stones over an area of 200 square kilometres or less.\n\t(4)\tIf the native title parties with whom a native title mining agreement conferring an umbrella authorisation is negotiated are claimants to (rather than registered holders of) native title land, the term of the agreement cannot exceed 10 years.\n\t(5)\tThe existence of an umbrella authorisation does not preclude a native title mining agreement between a tenement holder and the relevant native title parties relating to the same land, and if an individual agreement is negotiated, the agreement regulates mining operations by a tenement holder who is bound by the agreement to the exclusion of the umbrella authorisation.\n63L—Negotiation of agreements\n\t(1)\tA person (the proponent) who seeks a native title mining agreement may negotiate the agreement with the native title parties.\nThe native title parties are the persons who are, at the end of the period of 4 months from when notice is given under section 63M, registered under the law of the State or the Commonwealth as holders of, or claimants to, native title in the land. A person who negotiates with the registered representative of those persons will be taken to have negotiated with the native title parties. Negotiations with other persons are not precluded but any agreement reached must be signed by the registered representative on behalf of the native title parties.\n\t(2)\tThe proponent must be—\n\t(a)\tif an agreement conferring an individual authorisation1 is sought—the tenement holder who seeks the authorisation;\n\t(b)\tif an agreement conferring an umbrella authorisation1 is sought—the Minister or an association representing the interests of tenement holders approved by regulation for the purposes of this section.\n63M—Notification of parties affected\n\t(1)\tThe proponent initiates negotiations by giving notice under this section.\n\t(2)\tThe notice must—\n\t(a)\tidentify the land on which the proposed mining operations are to be carried out; and\n\t(b)\tdescribe the general nature of the proposed mining operations that are to be carried out on the land.\n\t(3)\tThe notice must be given to—\n\t(a)\tthe relevant native title parties; and\n\t(b)\tthe ERD Court; and\n\t(c)\tthe Minister.\n\t(4)\tNotice is given to the relevant native title parties as follows:\n\t(a)\tif a native title declaration establishes who are the holders of native title in the land—the notice must be given to the registered representative of the native title holders and the relevant representative Aboriginal body for the land;\n\t(b)\tif there is no native title declaration establishing who are the holders of native title in the land—the notice must be given to all who hold or may hold native title in the land in accordance with the method prescribed by Part 5 of the Native Title (South Australia) Act 1994.\n63N—What happens when there are no registered native title parties with whom to negotiate\n\t(1)\tIf, 4 months after the notice is given to all who hold or may hold native title in the land, there are no native title parties in relation to the land to which the notice relates, the proponent may apply without notice to any person to the ERD Court for a summary determination.\n\t(2)\tOn an application under subsection (1), the ERD Court must make a determination authorising entry to the land for the purpose of carrying out mining operations on the land, and the conduct of mining operations on the land.\n\t(3)\tThe determination may be made on conditions the Court considers appropriate and specifies in the determination.\n\t(4)\tThe determination cannot confer a conjunctive or umbrella authorisation.1\n63O—Expedited procedure where impact of operations is minimal\n\t(1)\tThis section applies to mining operations that—\n\t(a)\twill not directly interfere with the community life of the holders of native title in the land on which the operations are to be carried out; and\n\t(b)\twill not interfere with areas or sites of particular significance, in accordance with their traditions, to the holders of native title in the land on which the operations are to be carried out; and\n\t(c)\twill not involve major disturbance to the land on which the operations are to be carried out.\n\t(2)\tIf the proponent states in the notice given under this Division that the mining operations to which the notice relates are operations to which this section applies and that the proponent proposes to rely on this section, the proponent may apply without notice to any person to the ERD Court for a summary determination authorising mining operations in accordance with the proposals made in the notice.\n\t(3)\tOn an application under subsection (2), the ERD Court may make a summary determination authorising mining operations in accordance with the proposals contained in the notice.\n\t(4)\tHowever, if within 4 months after notice is given, a written objection to the proponent's reliance on this section is given by the Minister, or a person who holds, or claims to hold, native title in the land, the ERD Court must not make a summary determination under this section unless the Court is satisfied after giving the objectors an opportunity to be heard that the operations are in fact operations to which this section applies.\n\t(5)\tAn objection under subsection (4) must be given to the proponent and a copy given to the ERD Court.\n63P—Negotiating procedure\n\t(1)\tThe proponent and native title parties must negotiate in good faith and accordingly explore the possibility of reaching an agreement.\n\t(2)\tHowever, the obligation to negotiate does not arise if the case is one where a summary determination may be made.\n\t(3)\tIf any of the negotiating parties requests the ERD Court to do so, the Court must mediate among the parties to assist in obtaining their agreement.\n\t(4)\tThe Minister may (personally or by representative) intervene in negotiations under this Division.\n63Q—Agreement\n\t(1)\tAn agreement negotiated under this Division may provide for payment to the native title parties based on profits or income derived from mining operations on the land or the quantity of minerals produced.\n\t(2)\tThe basis of the payment may be fixed in the agreement or left to be decided by the ERD Court or some other nominated arbitrator.\n\t(3)\tAn agreement must deal with—\n\t(a)\tnotices to be given or other conditions to be met before the land is entered for the purposes of carrying out mining operations; and\n\t(b)\tprinciples governing the rehabilitation of the land on completion of the mining operations.\n\t(4)\tIf agreement is reached between the proponent and the native title parties authorising mining operations on the native title land, the proponent must lodge a copy of the agreement with a mining registrar and the mining registrar will, subject to this section, register the agreement.\n\t(5)\tIf the Minister is of the opinion that there is reason to believe that the agreement may not have been negotiated in good faith, the Minister may, within two months after the copy of the agreement is lodged for registration with the mining registrar, make an order prohibiting registration of the agreement.\n\t(6)\tA party to an agreement may appeal against an order under subsection (5) to the ERD Court and the Court may, on appeal—\n\t(a)\tconfirm or revoke the Minister's order; and\n\t(b)\tif the Court considers it appropriate, make a determination authorising entry on the land to carry out mining operations, and the conduct of mining operations on the land, on conditions determined by the Court.\n63R—Effect of registered agreement\n\t(1)\tA registered agreement negotiated under this Division is (subject to its terms) binding on, and enforceable by or against the original parties to the agreement and—\n\t(a)\tthe holders from time to time of native title in the land to which the agreement relates; and\n\t(b)\tthe holders from time to time of any exploration authority or production tenement under which mining operations to which the agreement relates are carried out.\n\t(2)\tIf a native title declaration establishes that the native title parties with whom an agreement was negotiated are not the holders of native title in the land or are not the only holders of native title in the land, the agreement continues in operation (subject to its terms) until a fresh agreement is negotiated under this Part with the holders of native title in the land, or for 2 years after the date of the declaration (whichever is the lesser).\n\t(3)\tEither the holders of native title in the land or the tenement holder may initiate negotiations for a fresh agreement by giving notice to the other.\n\t(4)\tA registered agreement that authorises mining operations to be conducted under a future mineral tenement is contingent on the tenement being granted or registered.\n63S—Application for determination\n\t(1)\tIf agreement between the proponent and the native title parties is not reached within the relevant period, any party to the negotiations or the Minister may apply to the ERD Court for a determination.\nIn this subsection, the relevant period is 6 months from when the negotiations were initiated.\n\t(2)\tOn an application under this section, the ERD Court may determine—\n\t(a)\tthat mining operations may not be conducted on the native title land; or\n\t(b)\tthat mining operations may be conducted on the native title land subject to conditions determined by the Court.\n\t(3)\tIf the ERD Court determines that mining operations may be conducted on native title land, the determination—\n\t(a)\tmust deal with the notices to be given or other conditions to be met before the land is entered for the purposes of mining operations; but\n\t(b)\tcannot provide for payment to the native title parties based on profits or income derived from mining operations on the land or the quantity of minerals produced.\n\t(4)\tThe ERD Court must make its determination on an application under this section within the relevant period unless there are special reasons why it cannot do so.\nIn this subsection, the relevant period is 6 months from when the application is made.\n\t(5)\tThe representative Aboriginal body for the area in which the land is situated is entitled to be heard in proceedings under this section.\n63T—Criteria for making determination\n\t(1)\tIn making its determination, the ERD Court must take into account the following:\n\t(a)\tthe effect of the proposed mining operations on—\n\t(i)\tnative title in the land; and\n\t(ii)\tthe way of life, culture and traditions of any of the native title parties; and\n\t(iii)\tthe development of the social, cultural and economic structures of any of those parties; and\n\t(iv)\tthe freedom of access by any of those parties to the land concerned and their freedom to carry out rites, ceremonies or other activities of cultural significance on the land in accordance with their traditions; and\n\t(v)\tany area or site, on the land concerned, of particular significance to the native title parties in accordance with their traditions; and\n\t(vi)\tthe natural environment of the land concerned;\n\t(b)\tany assessment of the effect of the proposed mining operations on the natural environment of the land concerned—\n\t(i)\tmade by a court or tribunal; or\n\t(ii)\tmade, or commissioned, by the Crown in any capacity or by a statutory authority;\n\t(c)\tthe interests, proposals, opinions or wishes of the native title parties in relation to the management, use or control of the land concerned;\n\t(d)\tthe economic or other significance of the proposed mining operations to Australia and to the State;\n\t(e)\tany public interest in the mining operations proceeding;\n\t(f)\tany other matter the ERD Court considers relevant.\n\t(2)\tThis section does not affect the operation of another law of the State or the Commonwealth for the preservation or protection of areas or sites of particular significance to Aboriginal people.\n63U—Limitation on powers of Court\n\t(1)\tThe ERD Court cannot make a determination conferring a conjunctive or umbrella authorisation1 unless the native title parties2 are represented in the proceedings and agree to the authorisation.\n\t(2)\tA conjunctive authorisation1 conferred by determination cannot authorise mining operations under both an exploration authority and a production tenement unless the native title parties1 are the registered holders of (rather than claimants to) native title land.3\n\t(3)\tAn umbrella authorisation1 conferred by determination—\n\t(a)\tcan only relate to prospecting or mining for precious stones over an area of 200 square kilometres or less; and\n\t(b)\tcannot authorise mining operations for a period exceeding 10 years unless the native title parties2 are registered holders of (rather than claimants to) native title land.4\n1\tSee explanatory note to section 63K(1).\n2\tSee explanatory note to section 63L(1).\n3\tSection 63K(2) is of similar effect in relation to native title mining agreements.\n4\tSection 63K(3) and (4) are of similar effect in relation to native title mining agreements.\n63V—Effect of determination\n\t(1)\tA determination under this Division—\n\t(a)\tmust be lodged with a mining registrar; and\n\t(b)\tmust be registered two months after it was lodged for registration unless it has in the meantime been overruled by the Minister;1 and\n\t(c)\ttakes effect on registration.\n\t(2)\tA determination registered under this Division has effect as if it were a contract between the proponent and the native title parties.\n\t(3)\tA registered determination is (subject to its terms) binding on, and enforceable by or against the original parties to the proceedings in which the determination was made and—\n\t(a)\tthe holders from time to time of native title in the land to which the determination relates; and\n\t(b)\tthe holders from time to time of any exploration authority or production tenement under which mining operations to which the determination relates are carried out.\n\t(4)\tIf a native title declaration establishes that the native title parties to whom the determination relates are not the holders of native title in the land or are not the only holders of native title in the land, the determination continues in operation (subject to its terms) until a fresh determination is made, or for 2 years after the date of the declaration (whichever is the lesser).\n\t(5)\tA determination under this Part that authorises mining operations to be conducted under a future mineral tenement is contingent on the tenement being granted or registered.\n1\tSee section 63W.\n63W—Ministerial power to overrule determinations\n\t(1)\tIf the Minister considers it to be in the interests of the State to overrule a determination of the ERD Court under this Part, the Minister may, by notice in writing given to the ERD Court and the parties to the proceedings before the Court, overrule the determination and substitute another determination that might have been made by the Court.\n\t(2)\tHowever—\n\t(a)\tthe Minister cannot overrule a determination—\n\t(i)\tif more than two months have elapsed since the date of the determination; or\n\t(ii)\tif the Minister was the proponent of the negotiations leading to the determination; and\n\t(b)\tthe substituted determination cannot create a conjunctive or umbrella authorisation1 if there was no such authorisation in the original determination nor can the substituted determination extend the scope of a conjunctive or umbrella authorisation.\nThe scope of an authorisation is extended if the period of its operation is lengthened, the area to which it applies is increased, or the class of mining operations to which it applies is expanded in any way.\n63X—No re-opening of issues\nIf an issue is decided by determination under this Part, the parties to the proceedings in which the determination was made cannot make an agreement that is inconsistent with the terms of the determination unless the ERD Court authorises the agreement.\nDivision 5—Miscellaneous\n63Y—Non-application of this Part to Pitjantjatjara and Maralinga lands\nNothing in this Part affects the operation of—\n\t(a)\tthe Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981; or\n\t(b)\tthe Maralinga Tjarutja Land Rights Act 1984.\n63Z—Compensation to be held on trust in certain cases\n\t(1)\tIf a determination under this Part authorises mining operations on conditions requiring payment of compensation—\n\t(a)\tthe ERD Court must decide the amount of the compensation; and\n\t(b)\tthe compensation must be paid into the ERD Court to be held on trust and applied as required by this section.\n\t(2)\tCompensation paid into the ERD Court under this section—\n\t(a)\tmust, on application by the registered representative of the native title holders, be paid out to the registered representative; or\n\t(b)\tif the Court, on application by an interested person, is satisfied that it is just and equitable to pay the compensation in some other way—must be paid out as directed by the Court.\n\t(3)\tHowever, if compensation is held on trust by the ERD Court under this section and—\n\t(a)\ta native title declaration is made to the effect that no part of the land is subject to native title; or\n\t(b)\tthe proponent abandons the proposal to carry out mining operations on the land before exercising the right to do so and, by notice to the Minister, relinquishes the right to do so,\nthe compensation must be repaid to the person who paid it.\n63ZA—Non-monetary compensation\n\t(1)\tCompensation under this Part is to be given in the form of monetary compensation.\n\t(2)\tHowever—\n\t(a)\tif, during negotiations under this Part, a person who may be entitled to compensation requests that the whole or part of the compensation be in a form other than money,1 the other person who may be liable to pay compensation—\n\t(i)\tmust consider the request; and\n\t(ii)\tmust negotiate in good faith on the subject; and\n\t(b)\tthe ERD Court may, at the request of a person entitled to compensation, order non-monetary compensation.1\nExample—\n1\tThe non-monetary compensation might take the form of a transfer of property or the provision of goods or services.\n63ZB—Review of compensation\n\t(a)\tmining operations are authorised by determination under this Part on conditions requiring the payment of compensation; and\n\t(b)\ta native title declaration is later made establishing who are the holders of native title in the land,\nthe ERD Court may, on application by the registered representative of the holders of native title in the land, or on the application of a person who is liable to pay compensation under the determination, review the provisions of the determination providing for the payment of compensation.\n\t(2)\tThe application must be made within three months after the date of the native title declaration.\n\t(3)\tThe Court may, on an application under this section—\n\t(a)\tincrease or reduce the amount of the compensation payable under the determination (as from the date of application or a later date fixed by the Court); and\n\t(b)\tchange the provisions of the determination for payment of compensation in some other way.\n\t(4)\tIn deciding whether to vary a determination and, if so, how, the Court must have regard to—\n\t(a)\tthe assumptions about the existence or nature of native title on which the determination was made and the extent to which the native title declaration has confirmed or invalidated those assumptions; and\n\t(b)\tthe need to ensure that the determination provides just compensation for, and only for, persons whose native title in land is affected by the mining operations; and\n\t(c)\tthe interests of tenement holders and investors who have relied in good faith on the assumptions on which the determination was made.\n63ZBA—Mining Native Title Register\n\t(1)\tThe Mining Registrar must establish a distinct part of the Mining Register (which may be referred to as the Mining Native Title Register) for the registration of agreements and determinations under this Part.\n\t(2)\tThe Mining Registrar must, in respect of each agreement or determination registered under this Part, include in the Mining Native Title Register details concerning—\n\t(a)\tthe land to which the agreement or determination relates; and\n\t(b)\tif relevant—the exploration authority or production tenement to which the agreement or determination relates; and\n\t(c)\tthe parties who are bound by the agreement or determination; and\n\t(d)\tother information prescribed by the regulations.\n\t(3)\tThe Mining Registrar may also note in any other part of the Mining Register any agreement or determination registered under this Part (as the Mining Registrar thinks fit).\n\t(4)\tAn agreement or determination registered under this Part is not available for inspection under this Act if—\n\t(a)\tin the case of an agreement, the parties to the agreement specify in the agreement, or in some other manner determined by the Mining Registrar, that the contents of the agreement should be kept confidential under this section;\n\t(b)\tin the case of a determination, the ERD Court specifies in the determination that the contents of the determination should be kept confidential under this section.\n\t(5)\tHowever, subsection (4) does not prevent the inspection of an agreement or determination registered under this Part by—\n\t(a)\ta person engaged in the administration of this Act acting in the course of official duties; or\n\t(b)\tthe Minister, or a person appointed to the Public Service acting in the course of official duties on behalf of, or with the authority of, the Minister; or\n\t(c)\ta person who is bound by the agreement or determination; or\n\t(d)\ta person who is acting under the joint authority of all persons who are bound by the agreement or determination (and such an authority must be given in a manner and form approved by the Mining Registrar); or\n\t(e)\ta person who is acting under the authority of an order or determination of the ERD Court or the Supreme Court (for the purposes of this or another Act or law).\n\t(6)\tAn authority under subsection (5) may be given on conditions.\n\t(7)\tA person who contravenes or fails to comply with a condition is guilty of an offence.\nMaximum penalty: $50 000.\n63ZC—Saving of pre-1994 mining tenements\nThis Part does not apply in relation to—\n\t(a)\ta claim registered before 1 January 1994; or\n\t(b)\ta lease or licence granted under this Act before 1 January 1994; or\n\t(c)\ta renewal of a lease or licence granted under this Act before 1 January 1994 in pursuance of a legally enforceable right created before that date.\n","sortOrder":29},{"sectionNumber":"Part 10","sectionType":"part","heading":"Warden's Court—general provisions","content":"Part 10—Warden's Court—general provisions\n64—Establishment of Warden's Court\n\t(1)\tThere shall be a court entitled the \"Warden's Court\".\n\t(1a)\tThe jurisdiction of the Warden's Court will be such jurisdiction as is—\n\t(a)\tconferred by or under this or any other Act; or\n\t(b)\tcontemplated by this or any other Act.\n\t(2)\tThe jurisdiction of the Warden's Court shall be exercisable by any warden.\n\t(3)\tThe Warden's Court may sit at such times and places as may be determined by a warden exercising the jurisdiction of the court and the jurisdiction of the Warden's Court may be exercised by a warden notwithstanding that another warden is simultaneously exercising the jurisdiction of the court in some other matter.\n65—Powers etc of Warden's Court\n\t(1)\tFor the purposes of proceedings before the Warden's Court, the Court has—\n\t(a)\tthe powers and authorities of the Magistrates Court of South Australia (other than a prescribed power or authority); and\n\t(b)\tany additional powers or authorities prescribed by the regulations for the purposes of this subsection.\n\t(1a)\tA summons may be issued on behalf of the Court by—\n\t(a)\ta warden; or\n\t(b)\tany other officer (including an officer of another court) authorised by the rules of the Court to issue summonses.\n\t(2)\tThe Warden's Court shall have power to issue injunctions.\n\t(3)\tAn appeal shall lie against a judgment or order of the Warden's Court to the ERD Court.\n\t(3a)\tThe Director or the Mining Registrar may appeal against a judgment or order of the Warden's Court, whether or not he was a party to the proceedings in which the judgment or order was given or made.\n\t(3b)\tAn appeal against a judgment or order of the Warden's Court must be instituted within 1 month after publication of the judgment or order, but the ERD Court may, for proper cause, extend the period for instituting an appeal.\n\t(4)\tSubject to any rules of the ERD Court, the practice and procedure relating to an appeal from a judgment or order of the Warden's Court shall conform as nearly as practicable to the practice and procedure applicable to an appeal under the Magistrates Court Act 1991.\n66—Rules of Warden's Court\n\t(1)\tThe senior warden may make rules respecting the practice and procedure of the Warden's Court.\n\t(1a)\tThe rules may prescribe, and provide for, the payment of fees in respect of the lodging of documents in the Court or the issuing of documents by the Court.\n\t(2)\tThe rules may provide for the enforcement of judgments and orders, and the punishment of contempt of the Warden's Court and, in particular, may provide that appropriate provisions of the Magistrates Court Act 1991 and of the District Court Act 1991 may apply, with such modifications as may be necessary or desirable and specified in the rules, in respect of judgments and orders of the Warden's Court.\n66A—Removal of cases to ERD Court\n\t(1)\tA case of unusual difficulty or importance in the Warden's Court may be removed by order of the Warden's Court or the ERD Court into the ERD Court.\n\t(2)\tThe ERD Court may exercise (in addition to its ordinary jurisdiction and powers) any of the powers of the Warden's Court in relation to a case removed into the ERD Court under this section.\n67—Jurisdiction relating to tenements and monetary claims\n\t(1)\tThe Warden's Court shall have jurisdiction to determine, in such manner as may be just, all actions concerning any right claimed in, under, or in relation to, any mineral tenement or purported mineral tenement.\n\t(1a)\tThe Warden's Court will have jurisdiction to determine a monetary claim for not more than $150 000 arising in relation to any contract, partnership or joint venture arrangement related to, or otherwise associated with—\n\t(a)\tthe acquisition or holding of any mineral tenement or purported mineral tenement; or\n\t(b)\tthe performance of any authorised operations under this Act; or\n\t(c)\tthe recovery of any minerals under this Act.\n\t(2)\tThe Warden's Court shall have jurisdiction in any matter in which it is invested with jurisdiction by regulation.\n\t(3)\tThe Director of Mines is entitled to appear in any proceedings before the Warden's Court.\n70—Forfeiture and transfer of mineral tenement\n\t(a)\ta mineral claim; or\n\t(b)\tif the regulations so provide—an exploration licence; or\n\t(c)\ta mining lease; or\n\t(d)\ta retention lease.\n\t(2)\tSubject 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.\n\t(2a)\tThe regulations may—\n\t(a)\tprovide that an applicant must satisfy any prescribed requirements before an application may be made under this section; and\n\t(b)\tprovide that an applicant must be able to demonstrate any prescribed capability or other requirement as part of an application under this section; and\n\t(c)\tprovide that an application must be supported by any evidence of a kind prescribed by the regulations; and\n\t(d)\tprovide for limitations on, or exclusions from, an ability to make an application under this section; and\n\t(e)\tprovide for other matters associated with making an application under this section.\n\t(2b)\tA 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:\n\t(a)\ta breach of this Act or any regulation;\n\t(b)\twithout limiting paragraph (a)—\n\t(i)\ta breach of a term or condition of the tenement; or\n\t(ii)\ta breach of a program under Part 10A;\n\t(c)\tundue damage to the environment in connection with any authorised operations carried out under the tenement;\n\t(d)\ta failure to carry out activities associated with holding the relevant type of tenement within a reasonable time or to a reasonable extent.\n\t(3)\tWhere the Warden's Court has recommended the forfeiture of a mineral tenement—\n\t(a)\tthe Minister may, by notice in the Gazette, forfeit the mineral tenement to the Crown; and\n\t(b)\tthe person on whose application the Court recommended forfeiture is then entitled to a transfer of the mineral tenement from the Crown for the balance of its term.\n\t(3a)\tA right to the transfer of a mineral tenement under subsection (3)—\n\t(a)\tdoes not arise in any circumstance prescribed by the regulations; and\n\t(b)\texpires at the end of a period prescribed by the regulations.\n\t(4)\tA transfer of a mineral tenement under subsection (3)(b) takes effect on publication of a notice of transfer in the Gazette.\n\t(4a)\tAfter an application has been made under this section, the mineral tenement to which the application relates shall not be transferred or surrendered until the application has been determined.\n","sortOrder":30},{"sectionNumber":"Part 10A","sectionType":"part","heading":"Operating approval—program for environment protection and rehabilitation","content":"Part 10A—Operating approval—program for environment protection and rehabilitation\n70A—Object of Part\n\t(1)\tThe object of this Part is to ensure that the holders of mineral tenements—\n\t(aa)\tensure that an operating approval in the form of a program for environment protection and rehabilitation is in force; and\n\t(a)\tprovide adequate information about the authorised operations that will be conducted under the tenements; and\n\t(b)\tensure that authorised operations that have (or potentially have) adverse environmental impacts are properly managed to reduce those impacts as far as reasonably practicable and eliminate, as far as reasonably practicable, risk of significant long term environmental harm; and\n\t(c)\tensure that land adversely affected by authorised operations is properly rehabilitated.\n70B—Preparation or application of program\n\t(1)\tA person must not carry out authorised operations unless a program that complies with the requirements of this Part is in force for those operations.\n\t(2)\tA program under subsection (1) must—\n\t(a)\tspecify the authorised operations that are proposed to be carried out under this Act; and\n\t(b)\tset out—\n\t(i)\tthe environmental outcomes that are expected to occur as a result of the authorised operations (including after taking into account any rehabilitation proposed by the tenement holder and other steps to manage, limit or remedy any adverse environmental impacts); and\n\t(ii)\ta statement of the criteria to be adopted to measure those environmental outcomes, in a form prescribed by the regulations; and\n\t(c)\tincorporate information about the ability of the tenement holder (and any other person who may be acting on behalf of the tenement holder) to achieve the environmental outcomes set out under paragraph (b); and\n\t(d)\tset out such other information as may be required by a condition of the tenement or by the regulations; and\n\t(e)\tcomply with any other requirements prescribed by the regulations.\n\t(3)\tThe Minister may, on application by the holder or holders of 2 or more mineral tenements, determine that a program may relate to a group of mineral tenements within a particular area and, in such a case—\n\t(a)\tthe holder or holders of the mineral tenements within the ambit of the determination may prepare and furnish a combined program for the purposes of this section; and\n\t(b)\tthis section will apply to the holder or holders of the mineral tenements with such modifications as may be necessary for the purpose.\n\t(4)\tA program under subsection (2) or (3) must be submitted to the Minister for approval.\n\t(4a)\tAn application for the approval of a program must be made in a manner and form determined by the Minister.\n\t(4b)\tThe 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).\n\t(4c)\tThe submission of a program to the Minister for the purposes of this section must be accompanied by the prescribed fee.\n\t(5)\tThe Minister may on the receipt of a program submitted for the purposes of this section—\n\t(a)\tapprove the program without alteration; or\n\t(b)\trequire 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\n\t(c)\treject 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).\n\t(6)\tA 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.\n\t(7)\tOn a review under subsection (6), the ERD Court may—\n\t(a)\tconfirm the decision (with or without modifications); or\n\t(b)\trevoke the decision and give directions with respect to the approval of the program.\n\t(7a)\tA program approved under this section is subject to—\n\t(a)\tsuch conditions as may be prescribed; and\n\t(b)\tsuch additional conditions (if any) as the Minister thinks fit and specifies by notice to the tenement holder (or tenement holders).\n\t(8)\tThe regulations may set out or adopt a program that may apply in relation to authorised operations of a prescribed class.\n\t(a)\ta program is in place under subsection (8); and\n\t(b)\tthe authorised operations to be carried out under a mineral tenement fall within the ambit of that program,\nthe tenement holder (and any other person who may be acting on behalf of the tenement holder) may, subject to complying with any requirement prescribed by the regulations for the purposes of this subsection, rely on the program prescribed by the regulations rather than a program prepared under subsection (2) or (3) (and subsections (4) to (7) will not apply).\n\t(10)\tSubsection (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.\n\t(11)\tA 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).\n70C—Review of programs\n\t(1)\tA program under this Part may be reviewed at any time by the relevant tenement holder.\n\t(2)\tA program must be reviewed—\n\t(a)\tif 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\n\t(b)\tif 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\n\t(c)\tif a review is required by the regulations.\n\t(3)\tA review must be conducted—\n\t(a)\tin accordance with any requirements prescribed by the regulations; and\n\t(b)\ttaking into account the requirements of section 70B(2) (and so as to provide consistency with those requirements); and\n\t(c)\twithin a period prescribed by the regulations.\n\t(4)\tA copy of any program revised under this section must be furnished to the Minister in accordance with any requirements prescribed by the regulations.\n\t(4a)\tThe submission of a revised program to the Minister for the purposes of this section must be accompanied by the prescribed fee.\n\t(5)\tThe Minister may on the receipt of a revised program submitted for the purposes of this section—\n\t(a)\tapprove the revised program without alteration; or\n\t(b)\trequire alterations to the revised program after consultation with the tenement holder (or tenement holders).\n\t(6)\tA tenement holder required to make any alterations under subsection (5) may apply to the ERD Court for a review of the requirement within 28 days after receiving notice of the requirement or such longer period as the Minister may allow in a particular case.\n\t(7)\tOn a review under subsection (6), the ERD Court may—\n\t(a)\tconfirm the requirement (with or without modifications); or\n\t(b)\trevoke the requirement and give directions with respect to the approval of the revised program.\n\t(7a)\tThe Minister may, on approving a revised program under this section, add, vary or revoke a condition applying in relation to the program.\n\t(8)\tIf a program is reviewed at the direction of, and submitted to, the Minister but the fee prescribed under subsection (4a) is not paid, the fee is recoverable from the holder of the mineral tenement as a debt due to the Crown.\n70D—Notice of certain programs\n\t(1)\tThis section applies in relation to a program under this Part if—\n\t(a)\tauthorised 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\n\t(b)\tthe 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.\n\t(2)\tThe Minister must, before approving or reviewing a program to which this section applies, publish, in such manner as the Minister thinks fit, a notice—\n\t(a)\tdescribing the land to which the program relates; and\n\t(b)\tspecifying a place where the program may be inspected; and\n\t(c)\tinviting written submissions in relation to the program to the Minister within a time specified in the invitation.\n\t(3)\tThe Minister—\n\t(a)\tmust 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\n\t(b)\tmay require the person to respond to any matter raised in any such submission within a period specified by the Minister.\n\t(4)\tA 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.\n\t(5)\tIn 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).\n70DA—Audit of program\n\t(1)\tA tenement holder must, at the direction of the Minister, do 1 or both of the following:\n\t(a)\tcarry out specified tests, environmental monitoring or other investigations (a program audit) relating to any authorised operations carried out under the relevant mineral tenement;\n\t(b)\tcomply with the requirements or outcomes of a program audit to the satisfaction of the Minister.\n\t(2)\tThe Minister may, in acting under subsection (1), provide directions about 1 or more of the following:\n\t(a)\tthe independence, qualifications or experience of a person who will carry out a program audit;\n\t(b)\tthe period within which a program audit must be completed;\n\t(c)\tthe provision of a report or reports to the Minister.\n\t(3)\tA program audit must be carried out in accordance with any requirements prescribed by the regulations.\n\t(4)\tWithout 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.\n\t(5)\tWithout limiting subsection (2)(a), the Minister may require that the audit be conducted by a person approved by the Minister.\n\t(6)\tAny cost associated with a requirement under this section will be borne by the tenement holder.\n70DB—Publication of program\nThe Minister may publish a program or part of a program in such manner as the Minister thinks fit.\n70DC—Offences\n\t(1)\tA tenement holder must not carry out authorised operations under a mineral tenement if the person is in breach of a requirement under this Part.\n\t(2)\tA tenement holder must not contravene, or fail to comply with, a condition of a program under this Part.\n\t(3)\tA tenement holder must not fail to comply with a requirement under this Part to review a program under this Part.\n\t(4)\tA tenement holder must not fail to comply with a requirement under this Part relating to—\n\t(a)\tthe conduct of a program audit; or\n\t(b)\tthe action to be taken as a result of a program audit.\n\t(5)\tA person, who in connection with any authorised operations—\n\t(a)\tcontravenes or fails to comply with a program under this Part that applies in relation to those operations; or\n\t(b)\tcontravenes or fails to comply with a condition of a program under this Part that applies in relation to those operations,\nis guilty of an offence.\n70DD—Development programs to be taken to be approved programs\nA development program approved under regulation 9 of the Mines and Works Inspection Regulations 2013 and in force immediately before the commencement of this section will be taken to be an approved program under, and to be subject to the operation and requirements of, this Part.\n","sortOrder":31},{"sectionNumber":"Part 10B","sectionType":"part","heading":"Compliance and enforcement","content":"Part 10B—Compliance and enforcement\n70E—Power to direct persons to take action to prevent or minimise environmental harm\n\t(1)\tIf, in the Minister's opinion, authorised operations are being conducted in a way that results in, or that is reasonably likely to result in—\n\t(a)\tundue damage to the environment; or\n\t(b)\ta breach of the environmental outcomes under a program under Part 10A,\nthe Minister may, by written notice given to any person involved in undertaking the mining operations (an environmental direction), direct that action be taken to comply with specified requirements to prevent or minimise damage to the environment (to the extent necessary to address the relevant matter arising under paragraph (a) or (b)).\n\t(3)\tA direction under this section may impose any requirement reasonably required for the purpose for which the direction is issued including 1 or more of the following:\n\t(a)\ta 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 the Minister or an authorised officer;\n\t(b)\ta requirement that a person specified or identified in the direction take specified action in a specified way, and within a specified period or at specified times or in specified circumstances;\n\t(c)\ta requirement that a person specified or identified in the direction take action to prevent or minimise any damage to the environment, or to control any specified activity;\n\t(d)\ta requirement that a person specified or identified in the direction undertake specified tests or monitoring and, in relation to such a requirement—\n\t(i)\ta requirement that the tests or monitoring be carried out by a person with specified qualifications or experience;\n\t(ii)\ta requirement that a report or reports be provided to the Minister, or to any other specified person;\n\t(e)\ta requirement that a person specified or identified in the direction take specified action to rehabilitate or restore any land;\n\t(ea)\ta 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—\n\t(i)\tundue damage to the environment; or\n\t(ii)\ta breach of an environmental outcome under a program under Part 10A; or\n\t(iii)\tany other breach of this Act;\n\t(f)\ta requirement that a person specified or identified in the direction furnish the Minister with specified results or reports.\n\t(4)\tA direction under this section must allow a reasonable time for compliance with the direction.\n\t(5)\tA person to whom a direction relates must comply with a direction under this section within the time allowed in the direction.\n\t(6)\tIf a direction is given under this section, the Minister may review the adequacy of any relevant program under Part 10A and, if it appears on the review that a revised program is appropriate, the Minister may take the necessary steps to have a revised program prepared and brought into force.\n\t(8)\tFor the purposes of this section, a reference to a person involved in undertaking authorised operations extends (in all cases) to the holder of a mineral tenement under which the authorised operations are conducted.\n70F—Power to direct rehabilitation of land\n\t(1)\tThe Minister may, by written notice given to any person involved in undertaking authorised operations under a mineral tenement (including a former mineral tenement) (a rehabilitation direction), direct that action be taken—\n\t(a)\tto rehabilitate land in accordance with the requirements of a program under Part 10A; or\n\t(b)\tto rehabilitate land to a standard required to secure compliance with a condition of the mineral tenement,\n(including land outside the area of the mineral tenement).\n\t(2)\tA direction under this section—\n\t(a)\tmust allow a reasonable time for compliance with the direction; and\n\t(b)\tmay require the removal of abandoned equipment and facilities.\n\t(3)\tA person must comply with a direction under this section within the time allowed in the direction.\n\t(6)\tFor the purposes of this section a rehabilitation direction may be issued at any time (including after a mineral tenement has expired or been cancelled or surrendered) and a reference to a person involved in undertaking authorised operations extends (in all cases) to—\n\t(a)\tthe holder of the mineral tenement under which the authorised operations are conducted;\n\t(b)\tif relevant, the holder of a mineral tenement that has since expired, or has been cancelled or surrendered (but, in such a case, a notice may only be given to the person who was the holder of the mineral tenement immediately before its expiration, cancellation or surrender).\n70FA—Compliance directions\n\t(1)\tThe Minister may issue a direction under this section (a compliance direction) for the purpose of—\n\t(a)\tsecuring 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\n\t(b)\tpreventing 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\n\t(c)\twithout limiting any other provision, requiring the rehabilitation of land on account of any authorised operations carried out without an authority required by this Act.\n\t(2)\tA compliance direction—\n\t(a)\tmust be in the form of a written notice given to the person to whom the direction is issued; and\n\t(b)\tmust—\n\t(i)\tspecify the person to whom it is issued (whether by name or by description sufficient to identify the person); and\n\t(ii)\tspecify the grounds on which it is issued; and\n\t(c)\tmay impose any requirement reasonably required for the purpose for which the direction is issued including 1 or more of the following:\n\t(i)\ta requirement that the person discontinue, or not commence, specified operations indefinitely or for a specified period or until further notice from the Minister;\n\t(ii)\ta requirement that the person not carry on specified operations except at specified times or subject to specified conditions;\n\t(iii)\ta requirement that the person take specified action within a specified period.\n\t(3)\tThe Minister may, by written notice given to the person to whom a compliance direction is issued, vary or revoke the direction.\n\t(4)\tA person to whom a compliance direction relates must comply with a direction under this section within the time allowed in the direction.\n70FB—Emergency directions\n\t(1)\tIf, in the opinion of an authorised officer—\n\t(a)\tauthorised operations are being carried out in a way that results in, or that is reasonably likely to result in—\n\t(i)\tundue damage to the environment; or\n\t(ii)\ta breach of an environmental outcome under a program under Part 10A; or\n\t(iii)\ta breach of a term or condition of a mineral tenement; and\n\t(b)\tit is urgently necessary to take action under this section,\nthe 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).\n\t(2)\tAn emergency direction—\n\t(a)\tsubject to subsection (3), must be in the form of a written notice given to the person to whom the direction is issued; and\n\t(b)\tmust specify the grounds on which it is issued; and\n\t(c)\tmay impose any requirement reasonably required for the purpose for which the direction is issued including 1 or more of the following:\n\t(i)\ta 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;\n\t(ii)\ta requirement that a person specified or identified in the direction take specified action within a specified period;\n\t(iii)\ta requirement that a person specified or identified in the direction furnish the Minister or a specified authorised officer with a specified report or reports.\n\t(3)\tAn 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.\n\t(4)\tAn 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).\n\t(5)\tAn 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.\n\t(6)\tA person to whom an emergency direction relates must comply with a direction under this section within the time allowed in the direction.\n70FC—Contravention of Act\nThe 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.\n70G—Application for review of direction\n\t(1)\tA person required to comply with a direction under this Part may apply to the ERD Court for a review of the direction within 28 days after receiving the direction or such longer period as the Minister or the Director of Mines may allow in a particular case.\n\t(2)\tUnless 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.\n\t(3)\tOn review of a direction, the ERD Court may—\n\t(a)\tconfirm the direction (with or without modification); or\n\t(b)\trevoke the direction.\n70H—Action if non‑compliance occurs\n\t(1)\tIf the requirements of a direction under this Part are not complied with, the Minister or the Director of Mines may take the action required by the direction.\n\t(2)\tAny 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.\n\t(3)\tIf a person other than an authorised officer is authorised to take action under subsection (2), the following provisions apply:\n\t(a)\tthe Minister or the Director must issue the person with an instrument of authority;\n\t(b)\tthe 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.\n\t(4)\tThe 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.\n70HA—Restriction of claims\n\t(1)\tWithout 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.\n\t(2)\tIf 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.\n70HB—Self-incrimination\n\t(1)\tIt 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.\n\t(2)\tHowever, 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).\nPart 10C—Offences and penalties\n70HC—Penalty for illegal mining\n\t(a)\tcarries out authorised operations without being duly authorised by or under this Act; or\n\t(b)\tsells, 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,\nis guilty of an offence.\nMaximum penalty: $250 000 or imprisonment for 2 years.\n\t(2)\tSubsection (1) does not apply in relation to prescribed classes of ancillary operations authorised under another Act.\n70HD—Obstruction of person authorised to mine etc\nA person must not, without lawful excuse, obstruct or hinder a tenement holder in the reasonable exercise of rights conferred under this Act.\n70HE—Civil penalties\n\t(1)\tSubject 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.\n\t(2)\tThe 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.\n\t(3)\tThe 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—\n\t(a)\tunless 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\n\t(b)\tif 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.\n\t(4)\tThe maximum amount that the Director of Mines may recover by negotiation as a civil penalty in respect of a contravention is—\n\t(a)\tthe amount specified by this Act as the criminal penalty in relation to that contravention; or\n\t(b)\t$150 000,\nwhichever is the lesser.\n\t(5)\tIf, 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).\n\t(6)\tIn determining the amount to be paid by a person as a civil penalty, the Court must have regard to—\n\t(a)\tthe nature and extent of the contravention; and\n\t(b)\tany detriment to the public interest resulting from the contravention; and\n\t(c)\tany financial saving or other benefit that the person stood to gain by committing the contravention; and\n\t(d)\twhether the person has previously been found, in proceedings under this Act, to have engaged in any similar conduct; and\n\t(e)\tany other matter it considers relevant.\n\t(7)\tThe jurisdiction conferred by this section is to be part of the civil jurisdiction of the ERD Court.\n\t(8)\tIf 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).\n\t(9)\tProceedings 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.\n\t(10)\tProceedings 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.\n\t(11)\tEvidence of information given or evidence of the production of documents by a person is not admissible in criminal proceedings against the person if—\n\t(a)\tthe 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\n\t(b)\tthe conduct alleged to constitute the offence is substantially the same as the conduct that was alleged to constitute the contravention.\n\t(12)\tHowever, subsection (11) does not apply to criminal proceedings in respect of the making of a false or misleading statement.\n\t(13)\tProceedings 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.\n\t(14)\tAn 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.\n\t(15)\tThe 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.\n\t(16)\tAn amount recovered as a civil penalty under this section will be paid into the Mining Rehabilitation Fund.\n70HF—Additional orders on conviction\n\t(1)\tIf 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:\n\t(a)\tan 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);\n\t(b)\twithout 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;\n\t(c)\tan 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;\n\t(d)\tan 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;\n\t(e)\tan 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.\n\t(2)\tFor 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.\n\t(3)\tThe 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.\n70HG—Continuing offences\n\t(1)\tA person convicted of an offence against a provision of this Act in respect of a continuing act or omission—\n\t(a)\tis 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\n\t(b)\tis, if the act or 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.\n\t(2)\tIf 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.\n70HH—Offences by bodies corporate\nIf 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—\n\t(a)\tthe director knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and\n\t(b)\tthe director was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and\n\t(c)\tthe director failed to exercise due diligence to prevent the commission of the offence.\n70HI—Time limits\n\t(1)\tCriminal 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.\n\t(2)\tAn 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.\n70HJ—Summary offences\nAll offences under this Act are classified as summary offences.\n70HK—Evidentiary provisions\n\t(1)\tIn proceedings for an offence against this Act, an apparently genuine document purporting to be a certificate signed by the Minister certifying—\n\t(a)\tthat a person named in the certificate was or was not at a specified time a tenement holder; or\n\t(b)\tthat a specified provision was a term or condition of a specified mineral tenement at a specified time; or\n\t(c)\tthat a specified provision was a requirement or condition of a program under Part 10A; or\n\t(d)\tthat a specified determination, direction, decision, order or requirement was made or given on a specified day; or\n\t(e)\tthat 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\n\t(f)\tthat 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\n\t(g)\tthat at a specified time a specified person was an authorised officer under this Act; or\n\t(h)\tthat a particular delegation was in force under this Act at a specified time,\nis, in the absence of proof to the contrary, proof of the matter so certified.\n\t(2)\tIn 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.\n\t(3)\tIn 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.\n\t(4)\tIf 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—\n\t(a)\ta term or condition of a mineral tenement; or\n\t(b)\ta requirement or condition of a program under Part 10A applying in respect of a mineral tenement,\nit 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.\n\t(5)\tIn 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.\n","sortOrder":32},{"sectionNumber":"Part 11","sectionType":"part","heading":"Assistance to mining","content":"Part 11—Assistance to mining\n71—Minister may assist in conduct of operations\n\t(1)\tThe Minister may assist in the conduct of authorised operations by the loan of mining equipment or of money to be expended in advancing authorised operations.\n\t(2)\tAssistance may be provided upon such terms and conditions as may be determined by the Minister, but any money advanced under subsection (1) shall become a debt due to the Crown, to be repaid in such manner as the Minister may direct.\n72—Research and investigations\nThe Minister may—\n\t(a)\tconduct research and investigation into—\n\t(i)\tthe existence of native title on mineral land; and\n\t(ii)\tproblems affecting the conduct of authorised operations or the treatment of ores; and\n\t(b)\tstipulate and recover charges for any such research or investigation conducted at the request of any person; and\n\t(c)\tpay the cost of any such research or investigation out of money provided by Parliament for the purpose.\n73—Acquisition of mining equipment\nThe Minister may, out of money provided by Parliament, acquire mining equipment for the purposes of this Part.\n","sortOrder":33},{"sectionNumber":"Part 11B","sectionType":"part","heading":"Private mines","content":"Part 11B—Private mines\n73C—Interpretation\n\t(1)\tIn this Part—\ncompliance order—see section 73I;\nemergency order—see section 73KA;\nenvironment includes—\n\t(a)\tland, 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\n\t(b)\tbuildings, structures and other forms of infrastructure, and cultural artefacts; and\n\t(c)\tpublic health, safety or amenity;\ngeneral duty means the duty under section 73H;\nmine operations plan means a mine operations plan under section 73G;\nrectification authorisation—see section 73K;\nrectification order—see section 73J.\n\t(2)\tWithout derogating from the general meaning of mining operations under this Act, mining operations includes, for the purposes of this Part, when carried out within the boundaries of a private mine—\n\t(a)\tthe treatment, processing or handling of any material recovered in the course of mining operations; and\n\t(b)\tany activity ancillary to the conduct of mining operations.\n73D—Application of Act\n\t(1)\tSubject to this Part, and any other provisions of this Act that explicitly apply to a private mine or a person carrying out operations in relation to a private mine, a private mine is exempt from the other Parts of this Act.\n\t(2)\tLand comprised within a private mine cannot be subject to a mineral tenement under this Act.\n\t(3)\tWithout 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:\n\t(a)\tsection 6 (subject to the operation of section 6(6) and (7));\n\t(b)\tsections 7, 8, 8A, 9A and 10;\n\t(c)\tPart 2;\n\t(d)\tPart 2A;\n\t(e)\tPart 3;\n\t(f)\tsection 56P;\n\t(g)\tsection 56X;\n\t(h)\tsection 63;\n\t(i)\tPart 10, other than section 70;\n\t(j)\tPart 10C, other than section 70HG;\n\t(k)\tsections 72 and 73;\n\t(l)\tsections 74 and 74AA;\n\t(m)\tsections 75A and 79;\n\t(n)\tsections 83A and 85;\n\t(o)\tsections 88 to 92 (inclusive);\n\t(p)\tany other provision specified by the regulations.\n73G—Mine operations plans\n\t(1)\tUnless otherwise approved by the Director, a person must not, after the commencement of this Part, carry out mining operations at a private mine unless a mine operations plan that relates to the operations and complies with requirements of this section is in place.\n\t(2)\tA mine operations plan must, in order to comply with the requirements of this section—\n\t(a)\tinclude, in accordance with the requirements of the regulations—\n\t(i)\ta set of objectives approved by the Director; and\n\t(ii)\ta set of criteria for measuring those objectives approved by the Director,\nthat relate to the mining operations carried out at the private mine; and\n\t(b)\tbe consistent with any relevant environment improvement programme or environment protection policy under the Environment Protection Act 1993; and\n\t(c)\tcomply with any other requirement prescribed by the regulations.\n\t(3)\tObjectives under subsection (2)(a) must include specific objectives to achieve compliance with the general duty (see section 73H).\n\t(4)\tA person wishing to obtain the approval of the Director to a set of objectives and a set of criteria, or to an alteration to a set of objectives or a set of criteria, must submit a draft of the objectives and criteria, or a draft of the objectives or criteria as altered, (as the case may be) to the Director in accordance with the regulations.\n\t(4a)\tA submission to the Director under subsection (4) must be accompanied by the prescribed fee.\n\t(5)\tThe Director may, on receipt of a draft under subsection (4)—\n\t(a)\taccept the draft, without alteration; or\n\t(b)\trequire alterations to the draft after consultation with the person who has submitted the draft (and in this case the person must (subject to any appeal under subsection (6)) alter the draft in accordance with the requirements of the Director).\n\t(6)\tThe person who has submitted the draft may appeal to the Warden's Court against a requirement of the Director under subsection (5)(b) and the Warden's Court may, on hearing an appeal—\n\t(a)\tconfirm the requirement of the Director;\n\t(b)\tvary or revoke the requirement of the Director, or impose any requirement in substitution for a requirement of the Director;\n\t(c)\tmake any consequential or ancillary order that it considers necessary or expedient.\n\t(7)\tSubject to the outcome of any appeal under subsection (6), the Director will then, unless subsection (8) applies, be taken to have approved the objectives and criteria contained in the draft.\n\t(8)\tIf a draft relates to new operations to be carried out at a private mine, the draft must then be released for public consultation on the proposed objectives and criteria.\n\t(9)\tThe public consultation must be conducted in accordance with the regulations.\n\t(10)\tThe person who submitted the draft must, after complying with the public consultation requirements, prepare a report on the matters raised as a result of public consultation (insofar as they are relevant to the matters that were referred for public consultation) and, if relevant, on any recommended alterations to the objectives and criteria contained in the draft, and submit the report to the Director.\n\t(11)\tThe Director may then—\n\t(a)\tapprove the objectives and criteria (with any alterations recommended under subsection (10)); or\n\t(b)\trefer the matter back to the person who submitted the draft for further consideration or report (and in this case the Director must provide written reasons for his or her action and may subsequently approve the objectives and criteria, or altered objectives and criteria, if or when the Director is satisfied that the matter has been satisfactorily resolved).\n\t(12)\tThe person who submitted the draft may appeal to the Warden's Court against a decision of the Director under subsection (11)(b) (including a decision not to approve objectives and criteria) and the Warden's Court may, on hearing an appeal—\n\t(a)\tconfirm the decision of the Director;\n\t(b)\tvary or revoke the decision of the Director, or make any decision in substitution for a decision of the Director;\n\t(c)\tmake any consequential or ancillary order that it considers necessary or expedient.\n\t(12a)\tThe Minister may publish a mine operations plan in such manner, and to such extent, as the Minister thinks fit.\n\t(13)\tA mine operations plan may be reviewed by a person carrying out, or intending to carry out, mining operations at the private mine at any time.\n\t(14)\tA mine operations plan must be reviewed at the direction of the Director (which may be given at any time for any reasonable cause).\n\t(15)\tA mine operations plan must also be reviewed—\n\t(a)\twithin seven years after the commencement of the plan (unless it has been reviewed sooner under subsection (13) or (14)); or\n\t(b)\tin any event, within seven years after it was last reviewed.\n\t(16)\tA review must be conducted in accordance with the regulations.\n\t(17)\tA report must be furnished to the Director in accordance with the regulations on the completion of a review.\n\t(18)\tAn appeal under this section must be made in a manner and form determined by the Warden's Court, setting out the grounds of the appeal.\n73H—General duty to avoid undue environmental damage\n\t(1)\tA person must, in carrying out mining operations at a private mine, take all reasonable and practicable measures to avoid undue damage to the environment.\n\t(2)\tIn determining what measures are required to be taken under subsection (1), regard is to be had, amongst other things, to—\n\t(a)\tthe nature of the mining operations and the sensitivity of the receiving environment; and\n\t(b)\tthe financial implications of the various measures that might be taken as those implications relate to the class of persons undertaking activities of the same or a similar kind; and\n\t(c)\tthe current state of technical knowledge and likelihood of successful application of the various measures that might be taken.\n\t(4)\tSubsection (1) operates in addition to, and does not limit or derogate from, the provisions of the Environment Protection Act 1993 or any other Act.\n73I—Compliance orders\n\t(1)\tThe Director may issue an order under this section (a compliance order) for the purpose of securing compliance with—\n\t(a)\tthe requirement to have a mine operations plan in accordance with this Part; or\n\t(b)\tthe objectives contained in a mine operations plan; or\n\t(c)\tthe general duty.\n\t(2)\tA compliance order—\n\t(a)\tmust be in the form of a written notice served on the person to whom the notice is issued; and\n\t(b)\tmust—\n\t(i)\tspecify the person to whom it is issued (whether by name or a description sufficient to identify the person);\n\t(ii)\tif the order is issued for the purpose of securing compliance with the objectives contained in a mine operations plan—state the purpose and specify the objective that is not being met;\n\t(iii)\tif the order is issued for the purpose of securing compliance with the general duty—state the purpose and specify the matters that it is directed towards; and\n\t(c)\tmay impose any requirement reasonably required for the purpose for which the order is issued including one or more of the following:\n\t(i)\ta requirement that the person discontinue, or not commence, specified mining operations indefinitely or for a specified period or until further notice from the Director;\n\t(ii)\ta requirement that the person not carry on specified mining operations except at specified times or subject to specified conditions;\n\t(iii)\ta requirement that the person take specified action within a specified period; and\n\t(d)\tmust state that the person may, within 28 days, appeal to the Warden's Court against the order.\n\t(3)\tThe Director may, by written notice served on a person to whom a compliance order has been issued, vary or revoke the order.\n\t(4)\tA person to whom a compliance order is issued must comply with the order.\n\t(5)\tIf the requirements of a compliance order are not complied with, the Director may take any action required by the order.\n\t(6)\tAny action to be taken by the Director under subsection (5) may be taken on the Director's behalf by authorised officers or by other persons authorised by the Director for the purpose.\n\t(7)\tIf a person other than an authorised officer is authorised to take action under subsection (6), the following provisions apply:\n\t(a)\tthe Director must issue the person with an instrument of authority;\n\t(b)\tthe person may exercise such powers of an authorised officer under this Part as are reasonably required for the purpose of taking action under that subsection;\n\t(c)\tthe provisions of this Part apply in relation to the exercise of such powers by the person in the same way as in relation to an authorised officer;\n\t(d)\tthe person must produce the instrument of authority for the inspection of any person in relation to whom the person intends to exercise powers of an authorised officer.\n\t(8)\tThe reasonable costs and expenses incurred by the Director in taking action under subsection (5) may be recovered by the Director as a debt from the person who failed to comply with the requirements of the compliance order.\n73J—Rectification orders\n\t(1)\tIf the Director is satisfied that a person has caused damaged to the environment by a contravention of the general duty, the Director may issue an order (a rectification order) to the person requiring the person to take specified action within a specified period to make good the damage.\n\t(2)\tA rectification order—\n\t(a)\tmust be in the form of a written notice served on the person to whom it is issued; and\n\t(b)\tmust specify the person to whom it is issued (whether by name or a description sufficient to identify the person); and\n\t(c)\tmust specify the contravention alleged to have caused the damage to the environment; and\n\t(d)\tmay include requirements for action to be taken to prevent or mitigate further damage to the environment; and\n\t(e)\tmay include requirements for monitoring and reporting to the Director the effectiveness of action taken in pursuance of the order; and\n\t(f)\tmust state that the person may, within 28 days, appeal to the Warden's Court against the order.\n\t(3)\tThe Director may, by written notice served on a person to whom a rectification order has been issued, vary or revoke the order.\n\t(4)\tA person to whom a rectification order is issued must comply with the order.\n73K—Rectification authorisations\n\t(1)\tIf the Director is satisfied that a person has caused damage to the environment by a contravention of the general duty, the Director may (whether or not a rectification order has been issued to the person) issue an authorisation (a rectification authorisation) under which authorised officers or other persons authorised by the Director for the purpose may take specified action to make good the damage.\n\t(2)\tA rectification authorisation—\n\t(a)\tmust be in the form of a written notice; and\n\t(b)\tmust specify the person alleged to have caused the damage to the environment (whether by name or a description sufficient to identify the person); and\n\t(c)\tmust specify the contravention alleged to have caused the damage to the environment; and\n\t(d)\tmay include authorisation for action to be taken to prevent or mitigate further damage to the environment.\n\t(3)\tThe Director must, as soon as practicable after issuing a rectification authorisation, serve a copy of the authorisation on the person alleged to have caused the damage to the environment.\n\t(4)\tThe Director may, by notice in writing, vary or revoke a rectification authorisation and must, as soon as practicable after doing so, serve a copy of the notice on the person alleged to have caused the damage to the environment.\n\t(5)\tIf a person other than an authorised officer is authorised to take action under subsection (1), the following provisions apply:\n\t(a)\tthe Director must issue the person with an instrument of authority;\n\t(b)\tthe person may exercise such powers of an authorised officer as are reasonably required for the purpose of taking action under that subsection;\n\t(c)\tthe provisions of this Part apply in relation to the exercise of such powers by the person in the same way as in relation to an authorised officer;\n\t(d)\tthe person must produce the instrument of authority for the inspection of any person in relation to whom the person intends to exercise powers of an authorised officer.\n\t(6)\tThe reasonable costs and expenses incurred by the Director by virtue of work done under a rectification authorisation may be recovered by the Director as a debt from the person whose contravention gave rise to the issuing of the authorisation.\n73KA—Emergency order\n\t(1)\tIf, in the opinion of an authorised officer—\n\t(a)\tmining operations are being carried out in a way that results in, or that is reasonably likely to result in—\n\t(i)\ta breach of an objective under a mine operations plan; or\n\t(ii)\tundue damage to the environment; and\n\t(b)\tit is urgently necessary to take action under this section,\nthe 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).\n\t(2)\tAn emergency order—\n\t(a)\tsubject to subsection (3), must be in the form of a written notice given to the person to whom the order is issued; and\n\t(b)\tmust specify the grounds on which it is issued; and\n\t(c)\tmay impose any requirement reasonably required for the purpose for which the order is issued including 1 or more of the following:\n\t(i)\ta 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;\n\t(ii)\ta requirement that a person specified or identified in the order take specified action within a specified period;\n\t(iii)\ta requirement that a person specified or identified in the order furnish the Minister or a specified authorised officer with a specified report or reports.\n\t(3)\tAn 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.\n\t(4)\tAn 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).\n\t(5)\tAn 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.\n\t(6)\tA person to whom an emergency order relates must comply with an order under this section within the time allowed in the order.\n73KB—Contravention of Act\nThe 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.\n73L—Application for review of direction\n\t(1)\tA person to whom a compliance order, a rectification order or an emergency order has been issued may appeal to the Warden's Court against the order or any variation of the order.\n\t(2)\tAn appeal must be made in a manner and form determined by the Warden's Court, setting out the grounds of the appeal.\n\t(3)\tSubject to subsection (4), an appeal must be made within 28 days after the order is issued or the variation is made.\n\t(4)\tThe Warden's Court may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirements that an appeal be made within the period fixed by subsection (3).\n\t(5)\tSubject to subsection (6), the making of an appeal against an order does not affect the operation of the order or prevent the taking of action to implement the order.\n\t(6)\tThe Warden's Court may, on application by a party to an appeal, make an order staying or otherwise affecting the operation or implementation of the whole or a part of the order appealed against if the Warden's Court is satisfied that it is appropriate to do so having regard to—\n\t(a)\tthe possible environmental consequences and the interests of any persons who may be affected by the appeal; and\n\t(b)\tthe need to secure the effectiveness of the hearing and determination of the appeal.\n\t(7)\tAn order under subsection (6)—\n\t(a)\tmay be varied or revoked by the Warden's Court by further order; and\n\t(b)\tis subject to such conditions as are specified in the order; and\n\t(c)\thas effect until—\n\t(i)\tthe end of the period of operation (if any) specified in the order; or\n\t(ii)\tthe decision of the Warden's Court on the appeal comes into operation,\nwhichever is the earlier.\n\t(8)\tThe Warden's Court may, on hearing an appeal under this section—\n\t(a)\tconfirm, vary or revoke the order appealed against;\n\t(b)\torder or direct a person or body to take such action as the Warden's Court thinks fit, or to refrain (either temporarily or permanently) from such action or activity as the Warden's Court thinks fit;\n\t(c)\tmake any consequential or ancillary order or direction, or impose any condition, that it considers necessary or expedient.\n73M—Action if non‑compliance occurs\n\t(1)\tIf 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.\n\t(2)\tAny 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.\n\t(3)\tIf a person other than an authorised officer is authorised to take action under subsection (2), the following provisions apply:\n\t(a)\tthe Minister or the Director must issue the person with an instrument of authority;\n\t(b)\tthe 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.\n\t(4)\tThe reasonable costs and expenses incurred by the Minister or the Director taking action under this section constitute a debt due to the Crown.\n73N—Revocation of private mine\n\t(1)\tThe Governor may, by proclamation, vary or revoke the declaration of an area as a private mine under this Act.\n\t(2)\tA proclamation may only be made under subsection (1) on the recommendation of the Minister.\n\t(3)\tThe Minister must not make a recommendation under subsection (2) unless—\n\t(a)\tthe 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\n\t(b)\tthe 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\n\t(c)\tthe Minister is satisfied, after taking into account—\n\t(i)\tany submission under paragraph (b); and\n\t(ii)\tthe designated criteria set out in subsection (4); and\n\t(iii)\tsuch other matters as the Minister thinks fit,\nthat such a recommendation is appropriate.\n\t(4)\tThe designated criteria are as follows:\n\t(a)\tthat—\n\t(i)\tthe whole or any part of the private mine is not being effectively operated; or\n\t(ii)\tit is no longer possible to carry out operations on the whole or any part of the private mine;\n\t(b)\tthat the area that is relevant for the purposes of a proclamation under this section has been rehabilitated to an appropriate extent and standard.\n73O—Evidentiary provisions\n\t(1)\tIn 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.\n\t(2)\tIf 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.\n73R—Power to correct errors in declarations\n\t(1)\tIf, in the opinion of the Governor, there is an error in the declaration of an area as a private mine, the Governor may, by proclamation, correct the error.\n\t(2)\tA proclamation under subsection (1) will, if it so provides, be taken to have had effect as from the making of the declaration to which it relates.\n\t(3)\tA proclamation should not be made under subsection (1) except at the request of, or after consultation by the Minister with, the proprietor of the private mine.\n","sortOrder":34},{"sectionNumber":"Part 12","sectionType":"part","heading":"Miscellaneous","content":"Part 12—Miscellaneous\n74—Civil remedies\n\t(1)\tApplications may be made to the ERD Court for 1 or more of the following orders:\n\t(a)\tif 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;\n\t(b)\tif 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;\n\t(c)\tif 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;\n\t(d)\tif 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.\n\t(2)\tAn application under this section may be made by the Minister or the Director.\n\t(3)\tThe power of the Court to make an order restraining a person from engaging in conduct of a particular kind may be exercised—\n\t(a)\tif 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\n\t(b)\tif 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.\n\t(4)\tThe power of the Court to make an order requiring a person to take specified action may be exercised—\n\t(a)\tif 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\n\t(b)\tif 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.\n\t(5)\tIn assessing an amount to be ordered in the nature of exemplary damages, the Court must have regard to—\n\t(a)\tany undue damage to the environment or detriment to the public interest resulting from the contravention; and\n\t(b)\tany financial saving or other benefit that the respondent stood to gain by committing the contravention; and\n\t(c)\tany other matter it considers relevant.\n\t(6)\tThe power to order payment of an amount in the nature of exemplary damages may only be exercised by a judge of the Court.\n\t(7)\tAn 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.\n\t(8)\tAn 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).\n\t(9)\tIf, 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.\n\t(10)\tAn interim order—\n\t(a)\tmay be made on an application without notice to any person; and\n\t(b)\tmay be made whether or not the proceedings have been referred to a conference; and\n\t(c)\twill be made subject to such conditions as the Court thinks fit; and\n\t(d)\twill not operate after the proceedings in which it is made are finally determined.\n\t(11)\tThe Court may order an applicant in proceedings under this section—\n\t(a)\tto provide security for the payment of costs that may be awarded against the applicant if the application is subsequently dismissed; or\n\t(b)\tto give an undertaking as to the payment of any amount that may be awarded against the applicant under subsection (12).\n\t(12)\tIf, on an application under this section alleging a contravention of this Act, the Court is satisfied—\n\t(a)\tthat the respondent has not contravened this Act; and\n\t(b)\tthat the respondent has suffered loss or damage as a result of the actions of the applicant; and\n\t(c)\tthat in the circumstances it is appropriate to make an order under this provision,\nthe 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.\n\t(13)\tThe 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.\n\t(14)\tProceedings 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.\n\t(15)\tAn 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.\n\t(16)\tThe 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.\n74AA—Enforceable voluntary undertakings\n\t(1)\tThe 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.\n\t(2)\tThe 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.\n\t(3)\tA person must not contravene an undertaking made by the person that is in effect.\nMaximum penalty: $50 000.\n\t(4)\tIf 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.\n\t(5)\tIf 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:\n\t(a)\tan order that the person must comply with the undertaking or take specified action to comply with the undertaking;\n\t(b)\tan order discharging the undertaking;\n\t(c)\tan order directing the person to pay to the Minister—\n\t(i)\tthe costs of the proceedings; and\n\t(ii)\tthe reasonable costs of the Minister in monitoring compliance with the undertaking in the future;\n\t(d)\tany other order that the Court considers appropriate in the circumstances.\n\t(6)\tA person who has made an undertaking may, at any time, with the written agreement of the Minister—\n\t(a)\tvary the undertaking; or\n\t(b)\twithdraw the undertaking.\n\t(7)\tSubject 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.\n\t(8)\tNo 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.\n\t(9)\tThe Minister may accept an undertaking in relation to a contravention or alleged contravention before proceedings in respect of that contravention have been finalised.\n\t(10)\tIf 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.\n74A—Compliance orders\n\t(1)\tIf a person carries out authorised operations without the authority required by this Act, the ERD Court may, on application by the owner of land on which the operations are carried out, make an order (a compliance order) requiring the person (the respondent)—\n\t(a)\tto stop the operations; and\n\t(b)\tif the operations have resulted in damage to land—to take specified action to rehabilitate the land.\n\t(2)\tBefore the Court makes a compliance order it must allow the respondent a reasonable opportunity to be heard on the application.\n\t(3)\tA person against whom a compliance order is made must comply with the order.\n75—Provision relating to certain minerals\n\t(1)\tSubject to subsection (1a), no claim may be established or lease granted in respect of extractive minerals on land granted in fee simple or land in respect of which native title conferring a right to exclusive possession of land exists except with the written consent of the owner of the land.\n\t(1a)\tSubsection (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.\n\t(1b)\tConsent given by an owner of land under subsection (1) is binding on all subsequent owners of the land.\n\t(2)\tSubject 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.\n\t(3)\tSubsection (2) does not apply in relation to authorised operations for the recovery of extractive minerals if—\n\t(a)\tthe 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)—\n\t(i)\tafter taking into account the nature or scale of the operations; or\n\t(ii)\tbecause 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\n\t(iii)\ton any other ground determined by the Minister to be a reasonable basis on which to act under this subsection; and\n\t(b)\tthe 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\n\t(c)\t1 of the following has occurred:\n\t(i)\ta mineral tenement has been granted in relation to the authorised operations;\n\t(ii)\tthe period specified by the Minister under paragraph (b) has expired without the owner of the land making the application envisaged by that paragraph;\n\t(iii)\tan 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.\n\t(4)\tIn subsection (2), personal use of minerals does not include use of the minerals by a council.\n75A—Avoidance of double compensation\nIn determining compensation to be paid to a body or person under a provision of this Act, compensation that has been paid to the body or person, or to which the body or person is entitled, whether under another provision of this Act or under any other law, must be taken into account.\n78—Persons under 16 years of age\n\t(1)\tNo person under the age of 16 years is competent to hold a mineral tenement.\n\t(2)\tThe obligations imposed by or under this Act are binding on a minor of or above the age of 16 years who holds a mineral tenement.\n79—Minister may grant exemptions\n\t(1)\tWhere the Minister is satisfied that circumstances exist that justify so doing, the Minister may—\n\t(a)\texempt the holder of a lease or licence under this Act from the obligation to comply with a term or condition of the lease or licence; or\n\t(b)\texempt the holder of a mineral tenement from the obligation to comply with a provision of this Act (except Part 9B).\n\t(2)\tAn exemption under this section—\n\t(a)\tmay be granted absolutely or on conditions; and\n\t(b)\tshall remain in force for a period determined by the Minister.\n\t(3)\tAn exemption may not be granted under this section so as to discriminate against the holders of native title in land.\n79A—False or misleading information\nA 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.\n80—Conditions under which land may be simultaneously subject to more than 1 tenement\n\t(1)\tSubject to this section, land shall not be simultaneously subject to more than 1 mineral tenement under this Act.\n\t(1b)\tThe Minister may grant an exploration licence that relates solely to exploration operations for precious stones in respect of land that is subject to a prior tenement under this Act that does not relate solely to precious stones.\n\t(1c)\tHowever, the Minister must not grant an exploration licence under subsection (1b) without the written consent of the holder of the prior tenement.\n\t(1d)\tIf the Minister grants an exploration licence under subsection (1b), the holders of the respective tenements must, subject to maintaining reasonable efficiencies in the conduct of their own operations, and any agreement between them or order of the Warden's Court, take all steps that are reasonably practicable to minimise interference with each others' operations.\nMaximum penalty: $20 000.\n\t(2)\tWhere land is subject to a mineral tenement, a further claim, lease or miscellaneous purposes licence may, with the consent of the holder of that mineral tenement or the approval of the Warden's Court, be established, or granted, in respect of any portion of the land comprised in the prior tenement, and the rights conferred by the respective tenements shall then be modified according to the agreement of the parties or the order of the Warden's Court, as the case may require.\n\t(2a)\tWhere a mineral tenement and a further claim under subsection (2) would be held—\n\t(a)\tby 1 person; or\n\t(b)\tby related bodies corporate,\na consent under that subsection is not effective unless it is given with the approval of the Minister.\n\t(3)\tThe Warden's Court shall not approve the establishing of a claim or the granting of a lease or miscellaneous purposes licence under subsection (2) unless it is satisfied that the rights of the holder of the prior tenement would not be materially diminished by the granting of such an approval.\n\t(4)\tThe 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.\n\t(5)\tThe holder of a mineral tenement must not contravene or fail to comply with an order under subsection (4).\nMaximum penalty: $5 000.\n\t(6)\tThe 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.\n81—Additional provisions relating to liability\n\t(1)\tIf 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.\n\t(2)\tFor 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.\n82—Deemed consent or agreement\n\t(a)\ta 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\n\t(b)\tthe owner of the land and the tenement holder (or the applicant for a proposed mineral tenement) are the same person,\nit 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).\n\t(2)\tA consent or agreement taken to be provided under subsection (1) is binding on all subsequent owners of the land.\n\t(3)\tThis section does not apply—\n\t(a)\tin a case where section 80(2a) applies; or\n\t(b)\tin any circumstance prescribed by the regulations.\n83A—Licence or other right is not personal property for the purposes of Commonwealth Act\nA right, entitlement or authority granted by or under this Act is not personal property for the purposes of the Personal Property Securities Act 2009 of the Commonwealth.\n85—Charge on property if debt due to Crown\n\t(1)\tThis 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.\n\t(2)\tA charge on the property to secure payment of the debt to the Crown is created by force of this section.\n\t(3)\tA charge created on property under subsection (2)—\n\t(a)\thas 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\n\t(b)\thas priority over all other encumbrances; and\n\t(c)\tis not affected by a change in ownership of the property.\n\t(4)\tSection 73(2) of the Personal Property Securities Act 2009 of the Commonwealth applies to the charge.\n\t(5)\tThe charge remains in force until the debt is paid in full or otherwise discharged.\n86—Removal of machinery etc\n\t(1)\tThe owner of any machinery or goods on land—\n\t(a)\tthat is within a mineral tenement that has been transferred; or\n\t(b)\tthat has ceased to be subject to a mineral tenement,\nmay, 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.\n\t(2)\tThe 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.\n\t(3)\tAny machinery or goods seized under subsection (2) are forfeited to the Crown and may be sold by the Minister.\n\t(4)\tAny proceeds from a sale under subsection (3) will be paid to the Treasurer.\n\t(5)\tThe 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.\n\t(6)\tAn 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).\n88—Hindering authorised officers\nA 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.\nMaximum penalty: $10 000 or imprisonment for 6 months.\n89A—Offences and ERD Court\nOffences constituted by this Act lie within the criminal jurisdiction of the ERD Court.\n89B—Penalties and expiation fees payable into Mining Rehabilitation Fund\nThe following are payable into the Mining Rehabilitation Fund:\n\t(a)\tpenalties payable in respect of offences against this Act;\n\t(b)\texpiation fees paid under this Act.\n90—Reports and verification of information\n\t(1)\tA 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—\n\t(a)\tthe 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\n\t(b)\twithout limiting paragraph (a)—\n\t(i)\tan assessment of the tenement holder's capability to comply with the requirements of this Act; or\n\t(ii)\tthe identification, delineation or accuracy of any boundary of a mineral tenement.\n\t(2)\tA 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.\n\t(3)\tA 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.\n\t(4)\tA report must be provided to the Minister within a period specified by the Minister.\n\t(5)\tAny cost associated with a requirement under this section will be borne by the tenement holder.\n\t(6)\tA tenement holder must not fail to comply with a requirement under this section within the period specified by the Minister.\n\t(7)\tIf 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.\n\t(8)\tThe reasonable costs and expenses incurred by the Minister taking action under subsection (7) constitute a debt due to the Crown.\n91—Administrative penalties\n\t(1)\tThis section applies to any provision of this Act (or the regulations) at the foot of which the words \"Administrative penalty\" appear.\n\t(2)\tIf a person who is a holder or former holder of a mineral tenement is alleged to have contravened a provision to which this section applies, the Director of Mines 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).\n\t(3)\tThe amount of an administrative penalty is an amount (not exceeding $15 000) prescribed by regulation in relation to the relevant provision.\n\t(4)\tAn administrative penalty may be recovered as a debt due to the Crown.\n\t(4a)\tAn amount recovered as an administrative penalty under this section will be paid into the Mining Rehabilitation Fund.\n\t(5)\tIf 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.\n92—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act, or as the Governor thinks necessary or expedient for the purposes of this Act and, without limiting the generality of the foregoing, those regulations may—\n\t(a)\tregulate and control the issue of certificates of registration in respect of claims, leases and licences under this Act; and\n\t(b)\tprovide for the maintenance and inspection of registers; and\n\t(c)\tregulate, restrict or prohibit operations of any kind upon mineral tenements or mineral tenements relating to land within an area specified in the regulations; and\n\t(d)\tdeclare equipment of any kind to be declared equipment for the purposes of this Act; and\n\t(e)\tprescribe any matters in relation to the nature or size of any kind of mineral tenement, and the incidents attaching to, and the obligations entailed in, ownership of a mineral tenement; and\n\t(f)\trequire that a mineral tenement be worked with proper diligence, in conformity with the requirements of the regulations, as to the number of people, and the nature of the machinery, to be employed in working the mineral tenement and such other matters as may be required in the regulations; and\n\t(i)\tprovide for the protection of land upon which authorised operations are conducted and require the restoration, to the satisfaction of the Minister, of land disturbed by authorised operations; and\n\t(k)\trestrict or prohibit authorised operations that may cause nuisance or inconvenience to persons in the vicinity of the authorised operations; and\n\t(l)\trestrict or prohibit authorised operations that may result in the pollution of any watercourse or water supply or any natural amenities; and\n\t(m)\tregulate the expenditure of money from the Extractive Areas Rehabilitation Fund; and\n\t(n)\tprescribe, and regulate the performance of, the duties of authorised officers, mining registrars and other officers appointed under this Act; and\n\t(na)\tprovide for the provision of reports or the requirement to conduct any audit or investigation; and\n\t(nb)\tprovide for the service of any notice, direction, order or other document under this Act; and\n\t(o)\tprescribe fees that are to be paid in respect of anything done under this Act or in connection with the administration or operation of this Act, or in respect of any matter occurring under this Act, and provide for the recovery of fees; and\n\t(p)\tprescribe any form for the purposes of this Act; and\n\t(q)\tprescribe a penalty, recoverable summarily, not exceeding $20 000 for breach of, or non-compliance with, any regulation; and\n\t(r)\tprescribe an expiation fee, not exceeding $7 500, in respect of any offence against this Act or the regulations.\n\t(2)\tWithout limiting subsection (1), the regulations may prescribe, or provide for the imposition of—\n\t(a)\tassessment fees associated with applications under this Act; and\n\t(b)\tannual administration fees to be paid by tenement holders.\n\t(3)\tA regulation prescribing any fees under this Act—\n\t(a)\tmay provide for fees based on 1 or more of the following factors:\n\t(i)\tthe size of a mineral tenement (or proposed mineral tenement);\n\t(ii)\tcapital costs associated with any authorised operations (or proposed authorised operations);\n\t(iii)\tany other factor prescribed by the regulations; and\n\t(b)\tmay provide for differential fees.\n\t(4)\tThe regulations may adopt, wholly or partially and with or without modification—\n\t(a)\ta code or standard relating to matters in respect of which regulations may be made under this Act; or\n\t(b)\tan amendment to such a code or standard.\n\t(5)\tAny regulations adopting a code or standard, or an amendment to a code or standard, may contain such incidental, supplementary and transitional provisions as appear to the Governor to be necessary.\n\t(6)\tThe regulations or a code or standard adopted by the regulations may—\n\t(a)\trefer to or incorporate, wholly or partially and with or without modification, a standard or other document prepared or published by a prescribed body or person, either as in force at the time the regulations are made or as in force from time to time; and\n\t(b)\tbe of general or limited application; and\n\t(c)\tmake different provision according to the persons, things or circumstances to which they are expressed to apply; and\n\t(d)\tprovide that any matter or thing is to be determined, dispensed or regulated according to the discretion of the Minister, the Director or a registrar.\n\t(7)\tIf—\n\t(a)\ta code or standard is adopted by the regulations; or\n\t(b)\tthe regulations, or a code or standard adopted by the regulations, refers to a standard or other document prepared or published by a prescribed body,\nthen—\n\t(c)\ta copy of the code, standard or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices specified in the regulations; and\n\t(d)\tin any legal proceedings, evidence of the contents of the code, standard or other document may be given by production of a document purporting to be certified by or on behalf of the Minister as a true copy of the code, standard or other document; and\n\t(e)\tthe code, standard or other document has effect as if it were a regulation made under this Act.\n\t(8)\tThe Governor may, by regulation, make provisions of a saving or transitional nature consequent on the amendment of this Act by another Act.\n\t(9)\tA 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.\n\t(10)\tA 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.\n\t(11)\tTo 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—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\n\t(12)\tThe Governor may make regulations for the purposes of Schedule 1 clause 8 of the Statutes Amendment (Mineral Resources) Act 2019 (including any regulation that could have been made under a repealed section of this Act as in force immediately before its repeal).\nSchedule—Transitional provisions\n2\tA gold lease, mineral lease, coal lease, or miscellaneous lease granted under the repealed Act and in force immediately before the commencement of this Act shall be deemed to be a mining lease granted under this Act and shall, subject to this Act, remain in force for the remainder of the period for which it was granted or last renewed.\n3\tWhere a person lawfully entered upon land before the commencement of this Act for the purposes of conducting mining operations, he may, subject to this Act, continue those operations upon the land in all respects as if he had lawfully entered upon the land in pursuance of this Act.\n4\tA business licence or an occupation licence granted under the repealed Act and in force immediately before the commencement of this Act shall be deemed to be a miscellaneous purposes licence under this Act, and shall, subject to this Act, remain in force for the remainder of the period for which it was granted or last renewed.\nLegislative history\nNotes\n\t•\tThis version is comprised of the following:\n25.2.2021 (substituted)\nSchedule\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Mining Act 1971 repealed the following:\nMining Act 1930\nMining Act Amendment Act 1941\nMining Act Amendment Act 1945\nMining Act Amendment Act 1946\nMining Act Amendment Act 1950\nMining Act Amendment Act 1951\nMining Act Amendment Act 1953\nMining Act Amendment Act 1955\nMining Act Amendment Act 1958\nMining Act Amendment Act 1962\nLegislation amended by principal Act\nThe Mining Act 1971 amended the following:\nCrown Lands Act 1929\nPetroleum Act 1940\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Mining Act 1971\n9.12.1971\n3.7.1972 (Gazette 29.6.1972 p2689)\n Mining Act Amendment Act 1972\n7.12.1972\n25.1.1973 (Gazette 25.1.1973 p274)\n Mining Act Amendment Act 1973\n6.12.1973\n6.12.1973\n Mining Act Amendment Act 1975\n6.3.1975\n6.3.1975\n Mining Act Amendment Act 1976\n16.12.1976\n23.12.1976 (Gazette 23.12.1976 p2317)\n Mining Act Amendment Act (No. 2) 1978\n Mining Act Amendment Act 1981\n5.11.1981 (Gazette 5.11.1981 p1431)\n Mining Act Amendment Act 1982\n23.12.1982\n5.11.1981: s 2\n Mining Act Amendment Act 1983\n Statute Law Revision Act 1986\n20.3.1986\nSch 5—31.7.1986 (Gazette 17.7.1986 p269)\n Aboriginal Heritage Act 1988\n17.3.1988\n1.3.1989 (Gazette 9.2.1989 p354)\n Mining Act Amendment Act 1988\n1.12.1988\n1.7.1989 (Gazette 29.6.1989 p1755)\n Mining (Precious Stones Field Ballots) Amendment Act 1993\n Statutes Repeal and Amendment (Development) Act 1993\n27.5.1993\n15.1.1994 (Gazette 27.10.1993 p1889)\n Mining (Royalties) Amendment Act 1994\n27.10.1994\n3.11.1994 (Gazette 3.11.1994 p1442)\n Mining (Special Enterprises) Amendment Act 1995\n4.5.1995\n1.6.1995 (Gazette 1.6.1995 p2529)\n Mining (Native Title) Amendment Act 1995\n11.5.1995\n17.6.1996 (Gazette 9.5.1996 p2440)\n Opal Mining Act 1995\n14.12.1995\n21.4.1997 (Gazette 3.4.1997 p1386)\n Statutes Amendment (Native Title) Act 1998\n2.4.1998\nPt 2 (ss 4—8)—21.5.1998 (Gazette 21.5.1998 p2199)\n Statutes Amendment (Mining Administration) Act 1999\n25.2.1999\nPt 2 (ss 4—9)—1.4.1999 (Gazette 25.3.1999 p1462)\n Electricity Corporations (Restructuring and Disposal) Act 1999\n1.7.1999\nSch 4 (cll 20 & 21)—29.7.1999 (Gazette 29.7.1999 p528)\n Mining (Private Mines) Amendment Act 1999\n25.11.1999\n1.9.2000 except new s 73G (as inserted by s 6)—1.3.2001 (Gazette 31.8.2000 p970)\n Offshore Minerals Act 2000\n4.5.2000\n4.5.2002 (s 7(5) Acts Interpretation Act 1915)\n Mining (Royalty) Amendment Act 2000\n11.5.2000\n1.7.2000 (Gazette 29.6.2000 p3414)\n Statutes Amendment (Extension of Native Title Sunset Clauses) Act 2000\n Statutes Amendment (Avoidance of Duplication of Environmental Procedures) Act 2001\n17.5.2001\nPt 4 (s 6)—14.6.2001 (Gazette 14.6.2001 p2221)\n Statutes Amendment (Corporations) Act 2001\n14.6.2001\nPt 22 (s 86)—15.7.2001 being the day on which the Corporations Act 2001 of the Commonwealth came into operation: Commonwealth of Australia Gazette No. S 285, 13.7.2001 (Gazette 21.6.2001 p2270)\n Statutes Amendment (Courts and Judicial Administration) Act 2001\n6.12.2001\nPt 9 (ss 20—22)—3.2.2002 (Gazette 24.1.2002 p346)\n Mining (Miscellaneous) Amendment Act 2003\nPt 2 (ss 4—18) and Sch—12.6.2003 (Gazette 12.6.2003 p2497)\n River Murray Act 2003\n31.7.2003\nSch (cl 12)—24.11.2003 (Gazette 20.11.2003 p4203)\n Statutes Amendment (Mining) Act 2003\n9.10.2003\nPt 3 (s 5)—30.10.2003 (Gazette 23.10.2003 p3879)\n Statute Law Revision Act 2003\n23.10.2003\nSch 1—24.11.2003 (Gazette 13.11.2003 p4048)\n Natural Resources Management Act 2004\n5.8.2004\nSch 4 (cl 22)—2.9.2004 (Gazette 2.9.2004 p3545) \n Adelaide Dolphin Sanctuary Act 2005\n14.4.2005\nSch 2 (cll 31—41)—1.7.2005 (Gazette 2.6.2005 p1684)\n Mining (Royalty) Amendment Act 2005\n2.6.2005\n1.1.2006 (Gazette 18.8.2005 p3058)\n Mining (Royalty No 2) Amendment Act 2005\n1.12.2005\n1.1.2006: s 2\n Statutes Amendment (New Rules of Civil Procedure) Act 2006\n6.7.2006\nPt 52 (ss 167—170)—4.9.2006 (Gazette 17.8.2006 p2831)\n Marine Parks Act 2007\n29.11.2007\nSch 1 (cll 30—40)—6.11.2008 (Gazette 6.11.2008 p5055)\n Petroleum (Miscellaneous) Amendment Act 2009\n23.7.2009\nSch 1 (cl 2)—1.10.2009 (Gazette 1.10.2009 p4764)\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 92 (ss 213 & 214)—1.2.2010 (Gazette 28.1.2010 p320)\n Mining (Miscellaneous) Amendment Act 2010\n18.11.2010\nPt 2 (ss 4—77), Sch 1 (cl 2) & Sch 2—1.7.2011 (Gazette 9.6.2011 p2545)\n Statutes Amendment (Personal Property Securities) Act 2011\n14.4.2011\nPt 17 (s 48)—16.6.2011 (Gazette 16.6.2011 p2610)\n Mining (Royalties) Amendment Act 2011\n1.7.2011: s 2\n Mining (Exploration Authorities) Amendment Act 2012\n10.5.2012\n1.7.2011: s 2\n Statutes Amendment (Courts Efficiency Reforms) Act 2012\n22.11.2012\nPt 9 (ss 29 & 30)—1.7.2013 (Gazette 16.5.2013 p1541)\n Mining (Royalties) Amendment Act 2013\n21.11.2013\n1.7.2013: s 2\n Budget Measures Act 2014\n2.10.2014\nSch 1 (cll 19—22)—19.6.2014: s 2(3); cll 18 & 23—1.7.2014: s 2(1)\n Statutes Amendment (Budget 2016) Act 2016\nPt 7 (ss 68—74)—8.12.2016: s 2(1)\n Statutes Amendment and Repeal (Budget Measures) Act 2018\nPt 11 (s 117)—22.11.2018: s 2(1)\n Statutes Amendment (Budget Measures) Act 2019\n3.10.2019\nPt 2 (ss 4 to 12)—1.1.2020: s 2(2)\n Statutes Amendment (Mineral Resources) Act 2019\n24.10.2019\nPt 2 (ss 4 to 125) & Sch 1 (cll 1 to 16)—1.1.2021 (Gazette 19.11.2020 p5079); s 126—uncommenced—will not be brought into operation\n Landscape South Australia Act 2019\n21.11.2019\nSch 5 (cll 47 & 48)—1.7.2020 (Gazette 25.6.2020 p3502)\n Supreme Court (Court of Appeal) Amendment Act 2019\n19.12.2019\nSch 1 (cll 66 & 67)—1.1.2021 (Gazette 10.12.2020 p5638)\n Statutes Amendment and Repeal (Budget Measures) Act 2021\nPt 8 (s 17)—25.2.2021: s 2(4)\n Hydrogen and Renewable Energy Act 2023\n23.11.2023\nSch 1 (cll 1 to 3)—11.7.2024 (Gazette 11.7.2024 p2114)\n Public Holidays Act 2023\n7.12.2023\nSch 1 (cl 15)—1.1.2024: s 2\n Statutes Amendment (Budget Measures) Act 2025\nPt 3 (ss 5, 6 & 8)—1.7.2024: s 2(3); s 7—13.2.2025: s 2(1)\nBiodiversity Act 2025\n26.6.2025\nSch 5 (cl 51)—uncommenced\nProvisions amended since 3 February 1976\n\t•\tLegislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 7 of The Public General Acts of South Australia 1837-1975 at page 326.\n\t•\tCertain textual alterations were made to this Act by the Commissioner of Statute Revision when preparing the reprint of the Act that incorporated all amendments in force as at 31 July 1986. A Schedule of these alterations was laid before Parliament on 5 August 1986.\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\nPt 1\n\ns 2\ndeleted by 44/2003 s 3(1) (Sch 1)\ns 3\ns 4\namended by 51/1978 s 3\n\namended by 71/1981 s 3\n\ns 5\n\ns 5(1), (2), (6) and (8)—see Sch\n\ns 5(3)—(5), (7), (9)—(11)\ns 6\n\ns 6(1)\ns 6 redesignated as s 6(1) by 71/1981 s 4(i)\nAdelaide Dolphin Sanctuary\ninserted by 5/2005 Sch 2 (cl 31(1))\nadvanced exploration operations\ninserted by 29/2019 s 4(1)\nancillary operations\ninserted by 29/2019 s 4(1)\nthe appropriate court\ninserted by 86/1988 s 3(a)\n\ndeleted by 43/1995 s 3(a)\nappropriate court\ninserted by 43/1995 s 3(a)\n\namended by 69/2001 s 20(a)\n\namended by 21/2010 s 4(1)\nauthorised officer\ninserted by 21/2010 s 4(2)\nauthorised operations\ninserted by 29/2019 s 4(2)\nauthorised person\ninserted by 105/1976 s 3(a)\n\ndeleted by 21/2010 s 4(2)\nbaseline\n\nbusiness day\ninserted by 29/2019 s 4(3)\nCrown lands\ndeleted by 29/2019 s 4(4)\ncouncil\nsubstituted by 21/2010 Sch 2\ndeclared equipment\nsubstituted by 43/1995 s 3(b)\n\namended by 21/2010 s 4(3)\ndirector\ninserted by 29/2019 s 4(5)\nthe Director of Mines or the Director\nsubstituted by 51/1978 s 4(e)\nenvironment\ninserted by 21/2010 s 4(4)\nERD Court\ninserted by 43/1995 s 3(c)\nexempt land\ninserted by 71/1981 s 4(a)\n\namended by 29/2019 s 4(6)\nexploration authority\ninserted by 43/1995 s 3(d)\n\namended by 102/1995 Sch 2 cl 2(a)\n\n(a) deleted by 21/2010 s 4(5)\n\namended by 11/2012 s 4\n\namended by 29/2019 s 4(7)\nexploring\ninserted by 71/1981 s 4(a)\n\ndeleted by 29/2019 s 4(8)\nexploring or exploration operations\ninserted by 29/2019 s 4(8)\nextractive minerals\nsubstituted by 51/1978 s 4(a)\n\namended by 29/2019 s 4(9)\nfossicking\ninserted by 51/1978 s 4(a)\n\nsubstituted by 71/1981 s 4(b)\ninspector\ndeleted by 21/2010 s 4(6)\nthe Land and Valuation Court\ndeleted by 45/2019 Sch 1 cl 66\nlow impact exploration operations\ninserted by 29/2019 s 4(10)\nmachinery\ninserted by 71/1981 s 4(c)\nmarine park\ninserted by 60/2007 Sch 1 cl 30(1)\nmineral tenement\ninserted by 29/2019 s 4(11)\nminerals\namended by 105/1976 s 3(b), (c)\n\namended by 71/1981 s 4(d)\n\namended by 35/2009 Sch 1 cl 2\n1.10.2009\n\namended by 29/2019 s 4(12), (13)\nmining or mining operations\namended by 51/1978 s 4(b)\n\namended by 71/1981 s 4(e)\n\namended by 12/2003 s 4\n\nsubstituted by 21/2010 s 4(7)\n\namended by 29/2019 s 4(14)\nmining operator\nsubstituted by 21/2010 s 4(8)\n\ndeleted by 29/2019 s 4(15)\nmining register\ninserted by 1/1999 s 4\n\nMining Register redesignated as mining register under Legislation Revision and Publication Act 2002\na mining registrar\ninserted by 14/1986 s 3(1) (Sch 5)\n\nsubstituted by 102/1995 Sch 2 cl 2(b)\nthe Mining Registrar\ninserted by 14/1986 s 3(1) (Sch 5)\n\nsubstituted by 102/1995 Sch 2 cl 2(b)\nmining tenement\namended by 105/1976 s 3(d)\n\ndeleted by 29/2019 s 4(16)\nMining Rehabilitation Fund or fund\ninserted by 29/2019 s 4(16)\nMinister for the Adelaide Dolphin Sanctuary\ninserted by 5/2005 Sch 2 (cl 31(2))\n\ndeleted by 60/2007 Sch 1 cl 30(2)\nMinister for the River Murray\ninserted by 35/2003 Sch cl 12(a)\n\ndeleted by 60/2007 Sch 1 cl 30(2)\nMurray-Darling Basin\ninserted by 35/2003 Sch cl 12(a)\n\nsubstituted by 21/2010 Sch 2\nnative title\nnative title holder\nnative title land\nnative title mining determination\n\namended by 29/2019 s 4(17)\nopal development area\ninserted by 102/1995 Sch 2 cl 2(c)\nowner\nsubstituted by 86/1988 s 3(b)\n\nsubstituted by 43/1995 s 3(f)\n\namended by 37/2023 Sch 1 cl 1\nprecious stones\nsubstituted by 102/1995 Sch 2 cl 2(d)\nprecious stones field\namended by 105/1976 s 3(e)\n\namended by 51/1978 s 4(c)\n\nsubstituted by 71/1981 s 4(f)\n\nsubstituted by 102/1995 Sch 2 cl 2(d)\nprescribed notice of entry\ninserted by 43/1995 s 3(g)\n\ndeleted by 29/2019 s 4(18)\nprivate mine\ninserted by 29/2019 s 4(18)\nproduction tenement\ninserted by 43/1995 s 3(g)\n\n(a) deleted by 102/1995 Sch 2 cl 2(e)\n\namended by 29/2019 s 4(19), (20)\nproprietor\nsubstituted by 73/1999 s 3\nprospecting or to prospect\ndeleted by 71/1981 s 4(g)\nprospecting\ninserted by 71/1981 s 4(g)\nradioactive material\ninserted by 51/1978 s 4(d)\nradioactive mineral\ndeleted by 29/2019 s 4(21)\nregistered representative\ninserted by 43/1995 s 3(h)\nrelated body corporate\ninserted by 24/2019 s 4\n\ninsertion by 29/2019 s 4(22) is of no effect due to existing definition\n\nregistrar or mining registrar\nrelevant Act\ninserted by 60/2007 Sch 1 cl 30(3)\n\ndeleted by 29/2019 s 4(22)\nrelevant Minister\ninserted by 60/2007 Sch 1 cl 30(3)\nRiver Murray Protection Area\ninserted by 35/2003 Sch cl 12(b)\nroyalty assessment principles\ninserted by 29/2019 s 4(23)\nsenior warden\ninserted by 29/2019 s 4(23)\nspecially protected area\ninserted by 60/2007 Sch 1 cl 30(4)\nsubsurface stratum\ninserted by 71/1981 s 4(h)\nsurface stratum\ninserted by 71/1981 s 4(h)\ntenement holder or holder\ninserted by 29/2019 s 4(24)\nwarden\namended by 105/1976 s 3(f)\n\nsubstituted by 50/1983 s 2\n\nsubstituted by 69/2001 s 20(b)\ns 6(1a)\ninserted by 29/2019 s 4(25)\ns 6(2)\ninserted by 71/1981 s 4(i)\ns 6(3)\ninserted by 43/1995 s 3(i)\ns 6(4)\ns 6(5)\n\namended by 29/2019 s 4(26)\ns 6(6)\ns 6(7)—(9)\ninserted by 29/2019 s 4(27)\ns 7\n\ns 7(1)\ns 7 redesignated as s 7(1) by 71/1981 s 5\ns 7(2)\ninserted by 71/1981 s 5\n\nsubstituted by 86/1988 s 4\n\nsubstituted by 29/2019 s 5(1)\ns 7(2a) and (2b)\ninserted by 29/2019 s 5(1)\ns 7(3)\ninserted by 102/1995 Sch 2 cl 3\n\namended by 29/2019 s 5(2)\ns 8\n\ns 8(1)\namended by 51/1978 s 5\n\namended by 71/1981 s 6(a)\n\namended by 11/2000 Sch 2\n\n(b) deleted by 102/1995 Sch 2 cl 4\ns 8(3)\ninserted by 71/1981 s 6(b)\ns 8(4)\n\namended by 29/2019 s 6(1)\ns 8(5)\ns 8(6)\n\namended by 29/2019 s 6(2)\ns 8(7)\ninserted by 29/2019 s 6(3)\ns 8A\ninserted by 102/1995 Sch 2 cl 5\ns 8A(2)\namended by 21/2010 s 5\n\namended by 29/2019 s 7\ns 9\n\ns 9(1)\namended by 105/1976 s 4\n\namended by 51/1978 s 6\n\namended by 86/1988 s 5(a)\n\namended by 43/1995 s 4(a)\n\namended by 102/1995 Sch 2 cl 6\n\namended by 21/2010 s 6(1), (2)\n\namended by 29/2019 s 8(1)—(7)\n\namended by 37/2023 Sch 1 cl 2\ns 9(2)\namended by 29/2019 s 8(8), (9)\ns 9(3)\nsubstituted by 71/1981 s 7\n\namended by 97/1982 s 3(a)\n\namended by 86/1988 s 5(b)\n\ndeleted by 21/2010 s 6(3)\ns 9(3a)\ninserted by 71/1981 s 7\n\namended by 86/1988 s 5(c)\n\ndeleted by 21/2010 s 6(3)\ns 9(3b)\ninserted by 97/1982 s 3(b)\n\namended by 43/1995 s 4(b)\n\namended by 21/2010 s 6(4), (5)\n\nsubstituted by 29/2019 s 8(10)\ns 9(3c)\ninserted by 97/1982 s 3(b)\n\ndeleted by 21/2010 s 6(6)\ns 9(4)\n\namended by 29/2019 s 8(11)\ns 9(5)\ninserted by 86/1988 s 5(d)\nmining operations\ndeleted by 29/2019 s 8(12)\nMinister of Public Works\nprescribed amount\nprescribed distance\ns 9AA\ninserted by 21/2010 s 7\ns 9AA(1)\nsubstituted by 29/2019 s 9(1)\ns 9AA(1a)\ninserted by 29/2019 s 9(1)\ns 9AA(2)\namended by 29/2019 s 9(2)\ns 9AA(3)\namended by 29/2019 s 9(3)\ns 9AA(4)\nsubstituted by 29/2019 s 9(4)\ns 9AA(5)\ndeleted by 29/2019 s 9(5)\ns 9AA(6)\namended by 29/2019 s 9(6)\ns 9AA(7)\nsubstituted by 29/2019 s 9(7)\ns 9AA(8)\namended by 29/2019 s 9(8)—(11)\ns 9AA(8a)\ninserted by 29/2019 s 9(12)\ns 9AA(9)\nsubstituted by 29/2019 s 9(13)\ns 9AA(10)\namended by 29/2019 s 9(14)—(18)\ns 9AA(11) and (12)\nsubstituted by 29/2019 s 9(19)\ns 9AA(13)\namended by 29/2019 s 9(20)\ns 9AA(14)\nsubstituted by 29/2019 s 9(21)\ns 9AA(14a)—(14c)\ninserted by 29/2019 s 9(21)\ns 9AA(15)\n\nbusiness day\namended by 39/2023 Sch 1 cl 15\n1.1.2024\ncooling-off period\namended by 29/2019 s 9(22)\nmining operations\ndeleted by 29/2019 s 9(23)\ndesignated day\ninserted by 29/2019 s 9(23)\nrelevant consultation period\ninserted by 29/2019 s 9(23)\ns 9A\ninserted by 21/2010 s 7\ns 9A(4)\namended by 29/2019 s 10(1)—(6)\ns 9A(6)\namended by 29/2019 s 10(7)\ns 9A(7)\namended by 29/2019 s 10(8)\ns 10A before deletion by 29/2019\ninserted by 51/1978 s 7\ns 10A(1)\namended by 71/1981 s 8\ns 10A\ndeleted by 29/2019 s 11\ns 10B\ninserted by 34/2004 Sch 4 cl 22\n2.9.2004\n\nsubstituted by 5/2005 Sch 2 (cl 32)\n\nsubstituted by 60/2007 Sch 1 cl 31\n\namended by 33/2019 Sch 5 cl 47\n\namended by 29/2019 s 12\nPt 2\n\ns 11\nsubstituted by 14/1986 s 3(1) (Sch 5)\ns 12\nsubstituted by 3/1993 s 2\ns 12(1)\nsubstituted by 29/2019 s 13(1)\ns 12(1a)\ninserted by 57/2016 s 68\ns 12(2)\nsubstituted by 29/2019 s 13(2)\ns 12(2a)\ninserted by 29/2019 s 13(2)\ns 12(3)\namended by 29/2019 s 13(3)\ns 13 before substitution by 84/2009\nsubstituted by 50/1983 s 3\n\nsubstituted by 14/1986 s 3(1) (Sch 5)\ns 13(3)—(7)\ninserted by 102/1995 Sch 2 cl 7\ns 13\nsubstituted by 84/2009 s 213\ns 13(3a)\ninserted by 29/2019 s 14\ns 13(4)\nsubstituted by 29/2019 s 14\ns 14\namended by 73/1999 s 7 (Sch 1 cl 1)\n\ndeleted by 39/2003 s 5\n30.10.2003\n\ns 14A\ns 14B\n\namended by 29/2019 s 15(1)—(3)\ns 14C\ns 14C(1)\namended by 29/2019 s 16(1), (2)\ns 14C(4)—(6)\ninserted by 29/2019 s 16(3)\ns 14D\ns 14D(2)\namended by 29/2019 s 17(1)\ns 14D(4)\namended by 29/2019 s 17(2)\ns 14D(5) and (6)\ninserted by 29/2019 s 17(3)\ns 14E\ns 14E(1)\namended by 29/2019 s 18(1)\ns 14E(3)\nsubstituted by 29/2019 s 18(2)\ns 14F\nss 14G and 14H\ninserted by 29/2019 s 19\ns 15\n\ns 15(2)\nsubstituted by 43/1995 s 5\n\nsubstituted by 12/2003 s 5(1)\ns 15(3)\namended by 73/1999 s 7 (Sch 1 cl 2)\n\namended by 21/2010 s 9\n\namended by 29/2019 s 20(1)\ns 15(5)—(7)\ninserted by 12/2003 s 5(2)\ns 15(7)\ninserted by 12/2003 s 5(2)\n\namended by 29/2019 s 20(2)\ns 15A before deletion by 29/2019\ninserted by 105/1976 s 5\ns 15A(1)\namended by 102/1995 Sch 2 cl 8(a)\n\n(a) deleted by 21/2010 s 10\ns 15A(2)\namended by 1/1999 s 5\ns 15A(3)\ninserted by 102/1995 Sch 2 cl 8(b)\ns 15A\ndeleted by 29/2019 s 21\nPt 2A\ninserted by 29/2019 s 22\nPt 3\n\ns 16\n\ns 16(2)\namended by 11/2000 Sch 2\ns 17 before substitution by 61/2005\n\ns 17(2)\namended by 60/1994 s 3\n3.11.1994\n\nsubstituted by 17/2005 s 4(1)\ns 17(3)\ns 17(4)\namended by 71/1981 s 9(a)\n\ns 17(4a)—(4d)\ninserted by 13/2000 s 3(a)\ns 17(5)\namended by 73/1999 s 4(a)\ns 17(6)\namended by 43/1995 s 6\n\namended by 13/2000 s 3(b)\n\namended by 73/1999 s 4(b)\ns 17(7)\namended by 43/1995 s 6\ns 17(8)\namended by 36/1999 Sch 4 (cl 21)\n29.7.1999\n\namended by 17/2005 s 4(2)\ns 17(10)\nsubstituted by 102/1995 Sch 2 cl 9\ns 17(11)\ninserted by 71/1981 s 9(b)\ns 17(12)—(16)\ninserted by 13/2000 s 3(c)\ns 17\nsubstituted by 61/2005 s 4\ns 17(1)\namended by 57/2016 s 69(1)\n\nsubstituted by 29/2019 s 23(1)\ns 17(1a)\ninserted by 29/2019 s 23(1)\ns 17(4)\namended by 20/2011 s 4(1)\n\namended by 11/2014 Sch 1 cl 18\n1.7.2014\n\ns 17(5)\n\nsubstituted by 4/2025 s 5(1)\ns 17(6)\namended by 57/2016 s 69(2)\n\nsubstituted by 4/2025 s 5(1)\ns 17(7)\namended by 29/2019 s 23(3)\n\namended by 4/2025 s 5(2)\ns 17(8)\nsubstituted by 29/2019 s 23(4)\ns 17(8a)\ninserted by 29/2019 s 23(4)\ns 17(9)\namended by 57/2016 s 69(3)\n\namended by 29/2019 s 23(5)\ns 17(10)\namended by 57/2016 s 69(4)\n\namended by 29/2019 s 23(6)\ns 17(12)\namended by 29/2019 s 23(7)\ns 17(13)\ninserted by 20/2011 s 4(2)\n\namended by 57/2016 s 69(5)\ns 17(14)\ninserted by 20/2011 s 4(2)\n\namended by 57/2016 s 69(6)\ns 17A\ns 17A(1)\namended by 57/2016 s 70(1)\ns 17A(1a)\ninserted by 35/2018 s 117(1)\ns 17A(2)\namended by 20/2011 s 5(1), (2)\n\namended by 35/2018 s 117(2)\ns 17A(2a)\ninserted by 35/2018 s 117(3)\ns 17A(3)\namended by 57/2016 s 70(2)\ns 17A(4)\namended by 57/2016 s 70(3)\ns 17A(5)\namended by 57/2016 s 70(4)\ns 17A(6)\namended by 57/2016 s 70(5)\n\namended by 29/2019 s 24(1), (2)\nss 17AB and 17AC\ninserted by 29/2019 s 25\ns 17B before substitution by 29/2019\ns 17B(1)\namended by 57/2016 s 71(1)\ns 17B(2)\namended by 57/2016 s 71(2)\ns 17B(3)\namended by 57/2016 s 71(3)\ns 17B(5)\namended by 57/2016 s 71(4)\ns 17B\nsubstituted by 29/2019 s 26\ns 17B(1)\namended by 4/2025 s 6\ns 17C\ns 17CA\ninserted by 29/2019 s 27\ns 17D\ns 17D(1)\namended by 57/2016 s 72(1)\n\namended by 29/2019 s 28(1)—(3)\ns 17D(1a)\ninserted by 67/2013 s 4\n\namended by 29/2019 s 28(4)\ns 17D(2)\namended by 29/2019 s 28(5), (6)\ns 17D(3)\namended by 57/2016 s 72(2)\ns 17D(4)\ndeleted by 29/2019 s 28(7)\ns 17DA\ninserted by 67/2013 s 5\ns 17DA(1)\n\ndesignated mining operator\ndeleted by 29/2019 s 29(1)\ndesignated tenement holder\ninserted by 29/2019 s 29(1)\ns 17DA(2)\namended by 57/2016 s 73(1)\n\nsubstituted by 29/2019 s 29(2)\ns 17DA(3)\namended by 57/2016 s 73(2)\n\namended by 29/2019 s 29(3)\ns 17DA(4)\namended by 57/2016 s 73(3)\n\namended by 29/2019 s 29(4)\ns 17DA(5)\namended by 29/2019 s 29(5)\ns 17DA(6)\namended by 57/2016 s 73(4)\n\namended by 29/2019 s 29(6)\ns 17DA(7)\namended by 57/2016 s 73(5)\ns 17DA(9)\namended by 57/2016 s 73(6), (7)\n\namended by 29/2019 s 29(7)\ns 17DA(10)\namended by 57/2016 s 73(8), (9)\n\namended by 29/2019 s 29(8)\ns 17E\ns 17E(1)\namended by 11/2014 Sch 1 cl 19\n\namended by 29/2019 s 30(1)\ns 17E(2)\namended by 57/2016 s 74\ns 17E(4)\namended by 29/2019 s 30(2)\nCLRR\ndeleted by 29/2019 s 30(3)\nMR\ninserted by 29/2019 s 30(3)\ns 17F\n\namended by 20/2011 s 6\ns 17G\ns 18\nsubstituted by 29/2019 s 31\ns 19\n\namended by 86/1988 s 6\n\namended by 43/1995 s 7\n\namended by 23/1998 s 4\n\ndeleted by 73/1999 s 5\nPt 4\n\ns 20 before substitution by 21/2010\n\ns 20(4)\ninserted by 105/1976 s 6\ns 20(5)\ninserted by 105/1976 s 6\n\namended by 73/1999 s 7 (Sch 1 cl 3)\ns 20(6)\ninserted by 71/1981 s 10\ns 20\nsubstituted by 21/2010 s 11\ns 20(2)\namended by 29/2019 s 32\ns 21 before substitution by 21/2010\n\ns 21(1)\ns 21 amended and redesignated as s 21(1) by 105/1976 s 7\n\namended by 51/1978 s 8(a)\ns 21(2)\ninserted by 105/1976 s 7(b)\n\namended by 51/1978 s 8(b)\ns 21\nsubstituted by 21/2010 s 11\ns 21(2) and (3)\nsubstituted by 29/2019 s 33(1)\ns 21(6)\namended by 29/2019 s 33(2)\ns 21(7)\namended by 29/2019 s 33(3), (4)\ns 21(8)\namended by 29/2019 s 33(5), (6)\ns 21(9)\namended by 29/2019 s 33(7)\ns 22 before deletion by 21/2010\n\ns 22(1)\namended by 102/1995 Sch 2 cl 10\ns 22(1a) and (1b)\ninserted by 71/1981 s 11(a)\ns 22(3)\nsubstituted by 71/1981 s 11(b)\ns 22\ndeleted by 21/2010 s 11\ns 23\n\ns 23(2)\nsubstituted by 21/2010 s 12\ns 24\n\ns 24(1)\ns 24(2)\ndeleted by 105/1976 s 8\ns 24(4)\namended by 71/1981 s 12(a)\n\nsubstituted by 43/1995 s 8\ns 24(4a)\ninserted by 71/1981 s 12(b)\n\nsubstituted by 43/1995 s 8\ns 24\nsubstituted by 21/2010 s 13\ns 24A\ninserted by 21/2010 s 13\ns 25\n\ns 25(1)\nsubstituted by 71/1981 s 13\ns 25(2)\nsubstituted by 105/1976 s 9\n\namended by 73/1999 s 7 (Sch 1 cl 4)\n\namended by 21/2010 s 14\ns 25(3)\nsubstituted by 29/2019 s 34\ns 25(4)\ndeleted by 102/1995 Sch 2 cl 11\ns 26\n\ns 26(2)\namended by 71/1981 s 14(a)\ns 26(3)\ninserted by 51/1978 s 9\n\namended by 71/1981 s 14(b)\ns 26(4)\ninserted by 71/1981 s 14(c)\n\ndeleted by 29/2019 s 35\ns 27\namended by 105/1976 s 10\n\nsubstituted by 51/1978 s 10\n\namended by 71/1981 s 15\n\namended by 21/2010 s 15(1), (2)\ns 27(1)\ns 27 amended and redesignated as s 27(1) by 29/2019 s 36(1)—(4)\ns 27(2) and (3)\ninserted by 29/2019 s 36(4)\nPt 5\n\ns 28 before substitution by 29/2019\n\ns 28(1) and (2)\ns 28(2a)\ninserted by 102/1995 Sch 2 cl 12(a)\ns 28(3)\n\namended by 102/1995 Sch 2 cl 12(b)\ns 28(4)\n\ndeleted by 12/2003 s 6(1)\ns 28(4a)\ninserted by 102/1995 Sch 2 cl 12(c)\n\ndeleted by 12/2003 s 6(1)\ns 28(5)\ndeleted by 105/1976 s 11\n\ninserted by 71/1981 s 16\n\nsubstituted by 43/1995 s 9\ns 28(6)\ndeleted by 12/2003 s 6(2)\ns 28(7)\ninserted by 102/1995 Sch 2 cl 12(d)\n\ndeleted by 21/2010 s 16\ns 28(8)\ninserted by 35/2003 Sch cl 12(c)\ns 28(9) and (10)\ninserted by 35/2003 Sch cl 12(c)\n\nsubstituted by 60/2007 Sch 1 cl 32\ns 28(11) and (12)\ninserted by 5/2005 Sch 2 (cl 33)\n\ndeleted by 60/2007 Sch 1 cl 32\ns 29 before substitution by 29/2019\n\ns 29(1)\namended by 12/2003 s 7\ns 29(1a)\ninserted by 21/2010 s 17(1)\ns 29(2)\namended by 71/1981 s 17\ns 29(4)—(10)\ninserted by 21/2010 s 17(2)\nss 28 and 29\nsubstituted by 29/2019 s 37\nss 29A and 29B\ninserted by 29/2019 s 37\ns 30\n\ns 30(1)\namended by 71/1981 s 18(a), (b)\n\n (c) deleted by 71/1981 s 18(b)\n\namended by 29/2019 s 38(1)\ns 30(2)\namended by 105/1976 s 12\n\namended by 71/1981 s 18(c)\n\namended by 21/2010 s 18(1), (2)\n\n(c) deleted by 21/2010 s 18(2)\n\namended by 29/2019 s 38(2)\ns 30(3)\namended by 71/1981 s 18(d)\n\ndeleted by 29/2019 s 38(3)\ns 30(4)—(7)\ninserted by 21/2010 s 18(3)\ns 30(8)\ninserted by 21/2010 s 18(3)\n\ndeleted by 29/2019 s 38(4)\ns 30AAA\ninserted by 29/2019 s 39\ns 30AA\ninserted by 12/2003 s 8\ns 30AA(3)—(11)\ninserted by 29/2019 s 40\ns 30A\ninserted by 71/1981 s 19\n\nsubstituted by 43/1995 s 10\ns 30A(1)\namended by 29/2019 s 41(1)\ns 30A(2)\namended by 29/2019 s 41(2), (3)\ns 30A(3)\namended by 29/2019 s 41(4)\ns 30A(4)\namended by 12/2003 s 9(1)\n\nsubstituted by 29/2019 s 41(5)\ns 30A(4a)\ninserted by 12/2003 s 9(2)\n\nsubstituted by 29/2019 s 41(5)\ns 30A(6)\nsubstituted by 21/2010 s 19\ns 30A(6a)\ninserted by 21/2010 s 19\n\ndeleted by 29/2019 s 41(6)\ns 30A(7) and (8)\ninserted by 35/2003 Sch cl 12(d)\n\nsubstituted by 60/2007 Sch 1 cl 33\n\nsubstituted by 29/2019 s 41(6)\ns 30A(9)\ninserted by 5/2005 Sch 2 (cl 34)\n\ndeleted by 60/2007 Sch 1 cl 33\n\ninserted by 29/2019 s 41(6)\ns 30A(10)—(13)\ninserted by 29/2019 s 41(6)\ns 30AB before substitution by 29/2019\ninserted by 12/2003 s 10\ns 30AB(1a) and (1b)\ninserted by 21/2010 s 20\ns 30AB\nsubstituted by 29/2019 s 42\ns 31\n\ns 31(1a)\ninserted by 1/1999 s 6\ns 31(3)\ninserted by 29/2019 s 43\ns 32 before deletion by 29/2019\n\ns 32(1)\namended by 73/1999 s 7 (Sch 1 cl 5(a))\n\namended by 21/2010 s 21(1), (2)\ns 32(2)\namended by 73/1999 s 7 (Sch 1 cl 5(b))\n\namended by 21/2010 s 21(3)\ns 32\ndeleted by 29/2019 s 44\ns 33 before deletion by 29/2019\n\ns 33(2)\namended by 43/1995 s 11\ns 33(3)\ndeleted by 71/1981 s 20(a)\ns 33(3) and (3a)\ninserted by 21/2010 s 22\ns 33(4)\ns 33(5)\namended by 43/1995 s 11\ns 33(7)\ns 33(8)\ndeleted by 71/1981 s 20(b)\ns 33\ndeleted by 29/2019 s 44\ns 33A\ninserted by 12/2003 s 11\ns 33B\ninserted by 29/2019 s 45\nPt 6\n\ns 34 before substitution by 29/2019\n\ns 34(1)\namended by 71/1981 s 21(a)\n\namended by 43/1995 s 12\n\nsubstituted by 1/1999 s 7\ns 34(1a) and (1b)\ninserted by 71/1981 s 21(b)\ns 34(2)\nsubstituted by 71/1981 s 21(c)\n\ndeleted by 54/1993 s 10(a)\ns 34(5)\nsubstituted by 71/1981 s 21(d)\ns 34(6)\namended by 105/1976 s 13\n\namended by 71/1981 s 21(e)\n\namended by 21/2010 s 23(1)\n\n(c) deleted by 21/2010 s 23(1)\ns 34(8)—(13)\ninserted by 21/2010 s 23(2)\ns 34\ns 35 before substitution by 29/2019\n\ns 35(1)\nsubstituted by 71/1981 s 22(a)\n\nsubstituted by 21/2010 s 24\ns 35(2a)\ninserted by 35/2003 Sch cl 12(e)\ns 35(2b) and (2c)\ninserted by 35/2003 Sch cl 12(e)\n\nsubstituted by 60/2007 Sch 1 cl 34\ns 35(2d) and (2e)\ninserted by 5/2005 Sch 2 (cl 35)\n\ndeleted by 60/2007 Sch 1 cl 34\ns 35(3)\ninserted by 71/1981 s 22(b)\ns 35\ns 35A before deletion by 29/2019\ninserted by 71/1981 s 23\ns 35A(1)\nsubstituted by 54/1993 s 10(b)\n\namended by 21/2010 s 25(1)\ns 35A(1a)\ninserted by 54/1993 s 10(b)\n\nsubstituted by 43/1995 s 13\ns 35A(4)\ninserted by 21/2010 s 25(2)\ns 35A\ndeleted by 29/2019 s 46\ns 35B before deletion by 29/2019\ninserted by 21/2010 s 26\ns 35B\ndeleted by 29/2019 s 46\ns 36\ns 37 before substitution by 29/2019\n\ns 37(2)\namended by 43/1995 s 14\ns 37(3) and (4)\ndeleted by 105/1976 s 14\ns 37\ns 38\n\ns 38(1)\namended by 29/2019 s 47(1)\ns 38(2)\namended by 105/1976 s 15(a)\n\namended by 71/1981 s 24\n\ns 38(3)\namended by 105/1976 s 15(b)\n\namended by 21/2010 s 27(1)\n\ns 38(4)\ninserted by 43/1995 s 15\n\nsubstituted by 21/2010 s 27(2)\n\ns 38(5) and (6)\ninserted by 35/2003 Sch cl 12(f)\n\nsubstituted by 60/2007 Sch 1 cl 35\n\ns 38(7)\ninserted by 5/2005 Sch 2 (cl 36)\n\ndeleted by 60/2007 Sch 1 cl 35\ns 39 before deletion by 29/2019\n\ns 39(1)\ns 39 amended by 71/1981 s 25\n\ns 39 redesignated as s 39(1) by 21/2010 s 28\ns 39(2)—(8)\ninserted by 21/2010 s 28\ns 39\ns 40 before deletion by 29/2019\n\ns 40(2)\nsubstituted by 43/1995 s 16\n\namended by 24/2019 s 5(1)\ns 40(3) and (4)\ninserted by 43/1995 s 16\ns 40(5)\ninserted by 24/2019 s 5(2)\ns 40\ns 41 before deletion by 29/2019\ndeleted by 71/1981 s 26\n\ninserted by 41/1995 s 3\ns 41(4) and (5)\ninserted by 21/2010 s 29\ns 41\nPt 6A before deletion by 29/2019\ninserted by 51/1978 s 11\ns 41A\n\ns 41A(1)\namended by 71/1981 s 27(a)\n\namended by 43/1995 s 17\ns 41A(1a)\ninserted by 71/1981 s 27(b)\ns 41A(3)\ndeleted by 21/2010 s 30(1)\ns 41A(3a)\ninserted by 35/2003 Sch cl 12(g)\ns 41A(3b) and (3c)\ninserted by 35/2003 Sch cl 12(g)\n\nsubstituted by 60/2007 Sch 1 cl 36\ns 41A(3d) and (3e)\ninserted by 5/2005 Sch 2 (cl 37)\n\ndeleted by 60/2007 Sch 1 cl 36\ns 41A(5)\namended by 71/1981 s 27(c)\n\namended by 21/2010 s 30(2)\n\n(c) deleted by 21/2010 s 30(2)\ns 41A(6)—(10)\ninserted by 21/2010 s 30(3)\ns 41B\n\ns 41B(1)\namended by 21/2010 s 31\ns 41BA\ninserted by 21/2010 s 32\ns 41C\n\ns 41C(2)\namended by 43/1995 s 18\ns 41D\nsubstituted by 71/1981 s 28\ns 41D(2)\namended by 21/2010 s 33(1)\ns 41D(4)\ninserted by 43/1995 s 19\n\nsubstituted by 21/2010 s 33(2)\ns 41D(5) and (6)\ninserted by 35/2003 Sch cl 12(h)\n\nsubstituted by 60/2007 Sch 1 cl 37\ns 41D(7)\ninserted by 5/2005 Sch 2 (cl 38)\n\ndeleted by 60/2007 Sch 1 cl 37\ns 41E\n\ns 41E(2)\nsubstituted by 43/1995 s 20\n\namended by 24/2019 s 6(1)\ns 41E(3) and (4)\ninserted by 43/1995 s 20\ns 41E(5)\ninserted by 24/2019 s 6(2)\ns 41F\nsubstituted by 71/1981 s 29\nPt 6A\ndeleted by 29/2019 s 49\nPt 7 \namended by 105/1976 ss 16—21\n\namended by 51/1978 ss 12, 13\n\namended by 71/1981 ss 30—36\n\namended by 86/1988 ss 7—9\n\namended by 3/1993 s 3\n\namended by 43/1995 ss 21, 22\n\ndeleted by 102/1995 Sch 2 cl 13\n\nsubstituted by 29/2019 s 49\nPt 8 before substitution by 29/2019\n\ns 52\n\ns 52(2)\nsubstituted by 51/1978 s 14\n\ndeleted by 86/1988 s 10(a)\ns 52(3)\nsubstituted by 51/1978 s 14\n\namended by 21/2010 s 34(1)\ns 52(3a)\ninserted by 35/2003 Sch cl 12(i)\ns 52(3b) and (3c)\ninserted by 35/2003 Sch cl 12(i)\n\nsubstituted by 60/2007 Sch 1 cl 38\ns 52(3d) and (3e)\ninserted by 5/2005 Sch 2 (cl 39)\n\ndeleted by 60/2007 Sch 1 cl 38\ns 52(4)\namended by 105/1976 s 22\n\namended by 71/1981 s 37\n\namended by 21/2010 s 34(2)\n\n(c) deleted by 21/2010 s 34(2)\ns 52(4a)—(4f)\ninserted by 21/2010 s 34(3)\ns 52(5) and (6)\ninserted by 86/1988 s 10(b)\ns 52(7)\ninserted by 86/1988 s 10(b)\n\nsubstituted by 43/1995 s 23\n\namended by 24/2019 s 7(1)\ns 52(8) and (9)\ninserted by 43/1995 s 23\ns 52(10)\ninserted by 24/2019 s 7(2)\ns 53\nsubstituted by 86/1988 s 11\ns 53(1)\nsubstituted by 21/2010 s 35\ns 53(2)\nsubstituted by 54/1993 s 10(c)\ns 53(4)\namended by 54/1993 s 10(d)\n\n(ab) deleted by 43/1995 s 24\ns 53(5)\namended by 54/1993 s 10(e)\ns 54\n\ns 54(1)\ns 54 amended by 43/1995 s 25\n\ns 54 redesignated as s 54(1) by 21/2010 s 36\ns 54(2) and (3)\ninserted by 21/2010 s 36\ns 55\n\ns 55(2)\namended by 105/1976 s 23(a)\ns 55(3)\namended by 105/1976 s 23(b)\ns 55(4)\ninserted by 43/1995 s 26\n\nsubstituted by 21/2010 s 37\ns 55(5) and (6)\ninserted by 35/2003 Sch cl 12(j)\n\nsubstituted by 60/2007 Sch 1 cl 39\ns 55(7)\ninserted by 5/2005 Sch 2 (cl 40)\n\ndeleted by 60/2007 Sch 1 cl 39\ns 56\n\ns 56(1)\ns 56 redesignated as s 56(1) by 41/1995 s 4\ns 56(2) and (3)\ninserted by 41/1995 s 4\ns 56(4) and (5)\ninserted by 21/2010 s 38\nPt 8\nsubstituted by 29/2019 s 49\nPt 8A\ninserted by 41/1995 s 5\ns 56B\nsubstituted by 29/2019 s 50\ns 56BA and 56BB\ninserted by 29/2019 s 50\ns 56C\n\ns 56C(2)\nsubstituted by 29/2019 s 51(1)\ns 56C(7)\namended by 73/1999 s 7 (Sch 1 cl 6)\n\namended by 29/2019 s 51(2)\ns 56D\n\ns 56D(1)\namended by 29/2019 s 52(1)\ns 56D(2)\namended by 29/2019 s 52(1), (2)\nPt 8B\ninserted by 29/2019 s 53\ns 56M\n\ns 56M(4)\namended by 4/2025 s 7(1)\ns 56M(5)\nsubstituted by 5/2021 s 17\ns 56M(6)\namended by 4/2025 s 7(2)\ns 56M(9a)—(9d)\ninserted by 4/2025 s 7(3)\ns 56M(11)\ninserted by 4/2025 s 7(4)\nPt 9\n\ns 57\namended by 71/1981 s 38\n\nsubstituted by 86/1988 s 12\n\namended by 21/2010 s 39\n\namended by 29/2019 s 54(1)—(3)\ns 58\namended by 105/1976 s 24\n\namended by 71/1981 s 39\n\nsubstituted by 43/1995 s 27\n\nsubstituted by 12/2003 s 12\n\namended by 29/2019 s 55(1)—(6)\ns 58A before substitution by 29/2019\ninserted by 71/1981 s 40\n\nsubstituted by 43/1995 s 27\ns 58A(2a)\ninserted by 21/2010 s 40(1)\ns 58A(3)\namended by 21/2010 s 40(2)\ns 58A(6)\namended by 73/1999 s 7 (Sch 1 cl 7)\n\namended by 21/2010 s 40(3)\ns 58A(7)\namended by 12/2003 s 13\ns 58A(8) and (9)\ninserted by 21/2010 s 40(4)\ns 58A\nsubstituted by 29/2019 s 56\ns 58A(9)\nsubstituted by 37/2023 Sch 1 cl 3\ns 59 before deletion by 29/2019\n\ns 59(1)\nsubstituted by 51/1978 s 15(a)\n\namended by 71/1981 s 41(a), (b)\n\namended by 102/1995 Sch 2 cl 14(a)\n\namended by 73/1999 s 7 (Sch 1 cl 8(a))\n\n(b) deleted by 102/1995 Sch 2 cl 14(b)\n\n(b) inserted by 21/2010 s 41(1)\n\namended by 21/2010 s 41(2)\ns 59(1aaa)\ninserted by 21/2010 s 41(3)\ns 59(1a)\ninserted by 51/1978 s 15(a)\ns 59(1aa)\ninserted by 35/2003 Sch cl 12(k)\ns 59(1ab) and (1ac)\ninserted by 35/2003 Sch cl 12(k)\n\nsubstituted by 60/2007 Sch 1 cl 40\ns 59(1ad) and (1ae)\ninserted by 5/2005 Sch 2 (cl 41)\n\ndeleted by 60/2007 Sch 1 cl 40\ns 59(1b)\ninserted by 71/1981 s 41(c)\n\namended by 102/1995 Sch 2 cl 14(c)\n\namended by 73/1999 s 7 (Sch 1 cl 8(b))\n\namended by 21/2010 s 41(4), (5)\ns 59(2)\namended by 71/1981 s 41(d)\n\namended by 21/2010 s 41(6)\ns 59(2a)\ninserted by 21/2010 s 41(7)\ns 59(6)\namended by 43/1995 s 28(a)\ns 59(7)\namended by 73/1999 s 7 (Sch 1 cl 8(c), (d))\n\namended by 21/2010 s 41(8), (9)\ns 59(8)\namended by 51/1978 s 15(b)\n\namended by 71/1981 s 41(e)\n\nsubstituted by 43/1995 s 28(b)\n\namended by 21/2010 s 41(10)\ns 59(9)\ninserted by 21/2010 s 41(11)\ns 59\ndeleted by 29/2019 s 57\ns 60\n\ns 60(1)\namended by 105/1976 s 25\n\namended by 71/1981 s 42(a)\n\nsubstituted by 43/1995 s 29\ns 60(2)\namended by 73/1999 s 7 (Sch 1 cl 9)\ns 60(5)\ndeleted by 71/1981 s 42(b)\ns 60\ndeleted by 21/2010 s 42\ns 61\n\ns 61(1)\namended by 43/1995 s 30\n\nsubstituted by 29/2019 s 58(1)\ns 61(2)\namended by 12/2003 s 14(1)\n\namended by 29/2019 s 58(2)\ns 61(2a)\ninserted by 21/2010 s 43(1)\n\namended by 29/2019 s 58(3)\ns 61(3)\n\namended by 29/2019 s 58(4)\ns 61(4)\n\namended by 29/2019 s 58(5)\ns 61(5)\n\namended by 29/2019 s 58(6)\ns 61(5a)\ninserted by 21/2010 s 43(2)\ns 61(5b) and (5c)\ninserted by 29/2019 s 58(7)\ns 61(6)\ninserted by 12/2003 s 14(2)\n\namended by 29/2019 s 58(8), (9)\ns 62\n\ns 62(1)\namended by 71/1981 s 43(a)\n\namended by 86/1988 s 14(a)\n\namended by 29/2019 s 59(1), (2)\ns 62(2)\namended by 86/1988 s 14(b)\ns 62(2a)\ninserted by 29/2019 s 59(3)\ns 62(3)\nsubstituted by 71/1981 s 43(b)\n\nsubstituted by 86/1988 s 14(c)\n\namended by 29/2019 s 59(4), (5)\ns 62(4)\namended by 73/1999 s 7 (Sch 1 cl 10)\n\namended by 21/2010 s 44\n\nsubstituted by 29/2019 s 59(6)\ns 62(5) and (6)\nsubstituted by 29/2019 s 59(6)\ns 62(7) and (8)\ninserted by 29/2019 s 59(6)\ns 62AA\ninserted by 29/2019 s 60\ns 62A\ninserted by 21/2010 s 45\ns 62A(1)\namended by 29/2019 s 61(1)\n\namended by 45/2019 Sch 1 cl 67\ns 62A(2)\namended by 29/2019 s 61(2)\ns 63\n\ns 63(2)\namended by 60/1994 s 4\n3.11.1994\n\nsubstituted by 17/2005 s 5(1)\ns 63(3)\namended by 17/2005 s 5(2)—(4)\n\namended by 29/2019 s 62\ns 63(4)\ninserted by 17/2005 s 5(5)\n\n(b) deleted by 21/2010 s 46\ns 63(5)\ninserted by 17/2005 s 5(5)\nPt 9A before deletion by 29/2019\ninserted by 71/1981 s 44\ns 63C\n\ns 63C(1)\n\namended by 21/2010 s 47(1), (2)\ns 63C(2)\ns 63E\n\ns 63E(1)\nsubstituted by 43/1995 s 31\ns 63E(1a)\ninserted by 43/1995 s 31\nPt 9A\ndeleted by 29/2019 s 63\nPt 9B\ninserted by 43/1995 s 32\ns 63F\n\ns 63F(1)\namended by 12/2003 s 15\ns 63F(4)\namended by 29/2019 s 64(1), (2)\ns 63H\namended by 12/2003 s 16\ns 63K\n\ns 63K(1)\namended by 29/2019 s 65(1), (2)\ns 63K(2)\namended by 23/1998 s 5\n\namended by 29/2019 s 65(1)\ns 63K(5)\namended by 29/2019 s 65(1)\ns 63L\namended by 29/2019 s 66(1)\ns 63L(2)\namended by 29/2019 s 66(2), (3)\ns 63N\n\ns 63N(1)\namended by 17/2006 s 167\n\namended by 29/2019 s 67\ns 63O\n\ns 63O(2)\namended by 17/2006 s 168\ns 63O(4)\namended by 23/1998 s 6(a)\n\namended by 29/2019 s 68\ns 63O(5)\ninserted by 23/1998 s 6(b)\ns 63R\n\ns 63R(3)\namended by 29/2019 s 69(1)\ns 63R(4)\namended by 29/2019 s 69(2)\ns 63S\n\ns 63S(1)\n\namended by 29/2019 s 70(1)\ns 63S(4)\n\namended by 29/2019 s 70(2)\ns 63V\n\ns 63V(5)\namended by 29/2019 s 71\ns 63Y\ns 63ZB\n\ns 63ZB(4)\namended by 29/2019 s 72\ns 63ZBA\ninserted by 1/1999 s 8\ns 63ZBA(7)\namended by 73/1999 s 7 (Sch 1 cl 11)\n\namended by 29/2019 s 73\ns 63ZD\namended by 23/1998 s 7\n\namended by 22/2000 s 3\n\ndeleted by 12/2003 s 17\nPt 10\n\nsubstituted by 29/2019 s 74\ns 64\n\ns 64(1a)\ninserted by 29/2019 s 75\ns 65\n\ns 65(1)\nsubstituted by 29/2019 s 76\ns 65(1a)\namended by 105/1976 s 26\n\nsubstituted by 29/2019 s 76\ns 65(1b)\ndeleted by 29/2019 s 76\ns 65(1c)\n\ndeleted by 29/2019 s 76\ns 65(3)\namended by 43/1995 s 33\ns 65(3a)\ninserted by 71/1981 s 45\ns 65(3b)\ninserted by 71/1981 s 45\n\namended by 43/1995 s 33\ns 65(4)\namended by 23/1998 s 8\n\ns 66\n\ns 66(1)\namended by 29/2019 s 77\ns 66(1a)\ninserted by 71/1981 s 46\ns 66(2)\namended by 105/1976 s 27\n\ns 66A\ninserted by 86/1988 s 15\n\namended by 43/1995 s 34\ns 67\n\ns 67(1)\namended by 105/1976 s 28(a)\n\namended by 102/1995 Sch 2 cl 15\n\namended by 17/2006 s 169\n\namended by 21/2010 s 48(1)\n\namended by 29/2019 s 78(1)\ns 67(1a)\ninserted by 69/2001 s 21\n\namended by 21/2010 s 48(2)\n\namended by 43/2012 s 29\n\namended by 29/2019 s 78(2)—(4)\ns 67(3)\ninserted by 105/1976 s 28(b)\ns 68\n\ns 68(1)\nsubstituted by 51/1978 s 16(a)\n\namended by 71/1981 s 47\n\namended by 102/1995 Sch 2 cl 16\ns 68(2)\namended by 105/1976 s 29\n\namended by 51/1978 s 16(b)\ns 68\ndeleted by 21/2010 s 49\ns 69 before deletion by 29/2019\n\ns 69(1)\namended by 102/1995 Sch 2 cl 17(a)\ns 69(3)\namended by 105/1976 s 30(a)\ns 69(3a)\ninserted by 71/1981 s 48\n\nsubstituted by 86/1988 s 16\n\namended by 102/1995 Sch 2 cl 17(b)\ns 69(4)\nsubstituted by 105/1976 s 30(b)\ninterested person\namended by 102/1995 Sch 2 cl 17(c)\n\namended by 21/2010 s 50\ns 69\ndeleted by 29/2019 s 79\ns 70\n\ns 70(1) and (2)\nsubstituted by 29/2019 s 80(1)\ns 70(2a) and (2b)\ninserted by 29/2019 s 80(1)\ns 70(3)\nsubstituted by 86/1988 s 17\n\namended by 29/2019 s 80(2)\ns 70(3a)\ninserted by 29/2019 s 80(3)\ns 70(4)\nsubstituted by 86/1988 s 17\n\namended by 29/2019 s 80(4)\ns 70(4a)\ninserted by 71/1981 s 49\n\namended by 29/2019 s 80(5)\ns 70(5) before deletion by 29/2019\n\ninterested person\nsubstituted by 21/2010 s 51\ns 70(5)\ndeleted by 29/2019 s 80(6)\nPt 10A\ninserted by 21/2010 s 52\namended by 29/2019 s 81\ns 70A\n\ns 70A(1)\namended by 29/2019 s 82(1)—(3)\ns 70A(2)\namended by 33/2019 Sch 5 cl 48\n\ndeleted by 29/2019 s 82(4)\ns 70B\n\ns 70B(1)\namended by 29/2019 s 83(1)\ns 70B(2)\namended by 29/2019 s 83(2)—(6)\ns 70B(3)\namended by 29/2019 s 83(7)\ns 70B(4)\nsubstituted by 29/2019 s 83(8)\ns 70B(4a) and (4b)\ninserted by 29/2019 s 83(8)\ns 70B(4c)\ninserted by 24/2019 s 8\n\ns 70B(4a) redesignated as s 70B(4c) under Legislation Revision and Publication Act 2002\ns 70B(5)\namended by 29/2019 s 83(9)\ns 70B(6)\nsubstituted by 29/2019 s 83(10)\ns 70B(7)\namended by 29/2019 s 83(11), (12)\ns 70B(7a)\ninserted by 29/2019 s 83(13)\ns 70B(8)\namended by 29/2019 s 83(14)\ns 70B(9)\namended by 29/2019 s 83(15), (16)\ns 70B(10)\nsubstituted by 29/2019 s 83(17)\ns 70B(11)\ninserted by 29/2019 s 83(17)\ns 70C\n\ns 70C(1)\namended by 29/2019 s 84(1)\ns 70C(2) and (3)\nsubstituted by 29/2019 s 84(2)\ns 70C(4a)\ninserted by 24/2019 s 9(1)\ns 70C(5)\namended by 29/2019 s 84(3)\ns 70C(6)\namended by 29/2019 s 84(4)\ns 70C(7a)\ninserted by 29/2019 s 84(5)\ns 70C(8)\ninserted by 24/2019 s 9(2)\ns 70D\nsubstituted by 29/2019 s 85\ns 70DA\ninserted by 29/2019 s 85\nss 70DB and 70DC\ninserted by 29/2019 s 85\ns 70DD\ninserted by 24/2019 s 10\n\ns 70DA redesignated as s 70DD under Legislation Revision and Publication Act 2002 \nPt 10B\ninserted by 21/2010 s 52\nsubstituted by 29/2019 s 86\ns 70E\n\ns 70E(1)\namended by 29/2019 s 87(1)\ns 70E(2)\ndeleted by 29/2019 s 87(2)\ns 70E(3)\namended by 29/2019 s 87(3), (4)\ns 70E(7)\ndeleted by 29/2019 s 87(5)\ns 70E(8)\namended by 29/2019 s 87(6), (7)\ns 70F\n\ns 70F(1)\namended by 29/2019 s 88(1), (2)\ns 70F(4) and (5)\ndeleted by 29/2019 s 88(3)\ns 70F(6)\namended by 29/2019 s 88(4)—(6)\nss 70FA—70FC\ninserted by 29/2019 s 89\ns 70G\n\ns 70G(1)\namended by 29/2019 s 90(1), (2)\ns 70G(2)\nsubstituted by 29/2019 s 90(3)\ns 70G(3)\namended by 29/2019 s 90(4)\ns 70H\n\ns 70H(1)\namended by 29/2019 s 91(1), (2)\ns 70H(2)\nsubstituted by 29/2019 s 91(3)\ns 70H(3)\namended by 29/2019 s 91(4)\ns 70H(4)\nsubstituted by 29/2019 s 91(5)\nss 70HA and 70HB\ninserted by 29/2019 s 92\nPt 10C\ninserted by 29/2019 s 93\nPt 11\n\nHeading preceding s 71\nsubstituted by 71/1981 s 50\ns 71\n\ns 71(1)\namended by 29/2019 s 94\ns 72\namended by 43/1995 s 35\n\namended by 29/2019 s 95\nPt 11A before deletion by 29/2019\ninserted by 71/1981 s 51\ns 73A\n\ns 73A(1)\namended by 21/2010 s 53(1)\ns 73A(2)\namended by 21/2010 s 53(2)—(5)\ns 73A(4)\namended by 17/2006 s 170\n\nsubstituted by 21/2010 s 53(6)\ns 73A(5)\ninserted by 21/2010 s 53(6)\ns 73B\n\ns 73B(1)\nPt 11A\ndeleted by 29/2019 s 96\nPt 11B\ninserted by 73/1999 s 6\n1.9.2000 except s 73G—1.3.2001\ns 73C\n\ns 73C(1)\n\nemergency order\ninserted by 29/2019 s 97(1)\nenvironment\nsubstituted by 29/2019 s 97(2)\nprivate mine\ndeleted by 29/2019 s 97(3)\ns 73D\n\ns 73D(1)\namended by 29/2019 s 98(1)\ns 73D(2)\namended by 29/2019 s 98(2)\ns 73D(3)\ninserted by 29/2019 s 98(3)\ns 73E before deletion by 29/2019\n\ns 73E(1)\nsubstituted by 11/2014 Sch 1 cl 20(1)\ns 73E(1a)—(1g)\ninserted by 11/2014 Sch 1 cl 20(1)\ns 73E(3)\namended by 21/2010 s 54\ns 73E(5)\namended by 61/2005 s 5(1), (2)\n\namended by 11/2014 Sch 1 cl 20(2)\ns 73E\ns 73EA\ninserted by 11/2014 Sch 1 cl 21\n\ns 73F before deletion by 29/2019\n\ns 73F(1)\nsubstituted by 11/2014 Sch 1 cl 22\ns 73F\ns 73G\n\ns 73G(4a)\ninserted by 24/2019 s 11\ns 73G(12a)\ninserted by 29/2019 s 100\ns 73H\n\ns 73H(3)\ndeleted by 29/2019 s 101\ns 73I\n\ns 73I(4)\namended by 29/2019 s 102\ns 73I(6)\namended by 21/2010 s 55(1)\ns 73I(7)\namended by 21/2010 s 55(2)\ns 73J\n\ns 73J(4)\namended by 29/2019 s 103\ns 73K\n\ns 73K(1)\namended by 21/2010 s 56(1)\ns 73K(5)\namended by 21/2010 s 56(2)\nss 73KA and 73KB\ninserted by 29/2019 s 104\ns 73L\n\ns 73L(1)\namended by 29/2019 s 105\ns 73M before substitution by 29/2019\n\ns 73M(4)\namended by 21/2010 s 57\ns 73M\ns 73N\ns 73O before substitution by 29/2019\n\ns 73O(1)\namended by 21/2010 s 58(1)\ns 73O(2)\namended by 21/2010 s 58(2)\ns 73O(4)\namended by 21/2010 s 58(3), (4)\ns 73O(5)\namended by 21/2010 s 58(5)\ns 73O(8)\namended by 21/2010 s 58(6), (7)\ns 73O(9)\namended by 21/2010 s 58(8)\ns 73O\nss 73P and 73Q\ndeleted by 29/2019 s 106\nPt 12\n\ns 74 before substitution by 29/2019\n\ns 74(1)\namended by 105/1976 s 31(a), (b)\n\namended by 51/1978 s 17\n\namended by 73/1999 s 7 (Sch 1 cl 12(a), (b))\n\namended by 21/2010 s 59(1)\ns 74(1a)\ninserted by 71/1981 s 52(a)\n\namended by 73/1999 s 7 (Sch 1 cl 12(c), (d))\n\namended by 21/2010 s 59(2)\ns 74(2) and (3)\ns 74(4)\nsubstituted by 105/1976 s 31(c)\n\namended by 71/1981 s 52(b)\n\ns 74(5)\namended by 71/1981 s 52(c), (d)\n\ns 74(6) and (7)\ns 74\nsubstituted by 29/2019 s 107\ns 74AA\ninserted by 21/2010 s 60\n\nsubstituted by 29/2019 s 107\ns 74A\ninserted by 43/1995 s 36\ns 74A(1)\namended by 21/2010 s 61(1)\n\namended by 29/2019 s 108\ns 74A(3)\namended by 73/1999 s 7 (Sch 1 cl 13)\n\namended by 21/2010 s 61(2)\ns 75\n\ns 75(1)\n\nsubstituted by 43/1995 s 37\n\namended by 21/2010 s 62\n\namended by 29/2019 s 109(1)\ns 75(1a) and (1b)\ninserted by 29/2019 s 109(2)\ns 75(2)\nsubstituted by 105/1976 s 32\n\nsubstituted by 29/2019 s 109(3)\ns 75(3) and (4)\ninserted by 29/2019 s 109(3)\ns 75A\ninserted by 43/1995 s 38\n\namended by 29/2019 s 110(1), (2)\ns 76 before substitution by 61/2005\n\ns 76(1)\namended by 51/1978 s 18(a)\ns 76(2)\namended by 13/2000 s 4(a)\n\namended by 73/1999 s 7 (Sch 1 cl 14)\ns 76(2a)\ninserted by 13/2000 s 4(b)\ns 76(3a)\ninserted by 86/1988 s 18\ns 76(4)\ninserted by 51/1978 s 18(b)\n\namended by 71/1981 s 53\n\n(a) deleted by 102/1995 Sch 2 cl 19\ns 76 before deletion by 29/2019\nsubstituted by 61/2005 s 6\ns 76(1)\namended by 21/2010 s 63(1)\ns 76(2)\namended by 21/2010 s 63(2)\ns 76(3)—(5)\nsubstituted by 21/2010 s 63(3)\ns 76(5a) and (5b)\ninserted by 21/2010 s 63(3)\ns 76(7)\namended by 21/2010 s 63(4)\ns 76\ns 77 before deletion by 29/2019\n\ns 77(1)\nsubstituted by 51/1978 s 19\n\namended by 71/1981 s 54\n\namended by 102/1995 Sch 2 cl 20\n\namended by 73/1999 s 7 (Sch 1 cl 15(a))\n\namended by 61/2005 s 7(1)\n\namended by 21/2010 s 64(1)\ns 77(2)\nsubstituted by 51/1978 s 19\n\namended by 73/1999 s 7 (Sch 1 cl 15(b))\n\namended by 61/2005 s 7(2)\n\namended by 21/2010 s 64(2)\ns 77(2a)\ninserted by 61/2005 s 7(3)\ns 77(3)\ninserted by 105/1976 s 33\n\namended by 73/1999 s 7 (Sch 1 cl 15(c))\n\namended by 21/2010 s 64(3)\ns 77(4)\ninserted by 105/1976 s 33\ns 77\ns 77A before deletion by 29/2019\ninserted by 61/2005 s 8\ns 77A(1)\namended by 21/2010 s 65\ns 77A\nss 77B—77D\ninserted by 21/2010 s 66\n\ns 78\n\ns 78(1)\namended by 102/1995 Sch 2 cl 21\n\namended by 21/2010 s 67(1)\n\namended by 29/2019 s 112(1)\ns 78(2)\namended by 102/1995 Sch 2 cl 21\n\namended by 21/2010 s 67(2)\n\namended by 29/2019 s 112(2)\ns 79\n\ns 79(1)\ns 79 redesignated as s 79(1) by 51/1978 s 20\n\nsubstituted by 71/1981 s 55\n\namended by 43/1995 s 39(a)\n\namended by 29/2019 s 113(1)—(3)\ns 79(2)\ninserted by 51/1978 s 20\ns 79(3)\ninserted by 43/1995 s 39(b)\ns 79A\ninserted by 16/2001 s 6\n14.6.2001\n\nsubstituted by 29/2019 s 114\ns 80\n\ns 80(1)\namended by 71/1981 s 56(a)\n\namended by 29/2019 s 115(1)\ns 80(1a)\ninserted by 71/1981 s 56(b)\n\ndeleted by 29/2019 s 115(2)\ns 80(1b) and (1c)\ninserted by 102/1995 Sch 2 cl 22(a)\ns 80(1d)\ninserted by 102/1995 Sch 2 cl 22(a)\n\namended by 73/1999 s 7 (Sch 1 cl 16(a))\n\namended by 29/2019 s 115(3)\ns 80(2)\namended by 86/1988 s 19(a)\n\namended by 29/2019 s 115(4), (5)\ns 80(2a)\ninserted by 29/2019 s 115(6)\ns 80(3)\namended by 86/1988 s 19(b)\n\namended by 29/2019 s 115(7)\ns 80(4)\ninserted by 102/1995 Sch 2 cl 22(b)\n\nsubstituted by 29/2019 s 115(8)\ns 80(5)\ninserted by 102/1995 Sch 2 cl 22(b)\n\namended by 73/1999 s 7 (Sch 1 cl 16(b))\ns 80(6)\ninserted by 29/2019 s 115(9)\ns 81\n\nsubstituted by 29/2019 s 116\ns 82\namended by 21/2010 s 68\n\nsubstituted by 29/2019 s 116\ns 83 before deletion by 29/2019\n\ns 83(1)\n\namended by 21/2010 s 69(1), (2)\ns 83(2)\nsubstituted by 21/2010 s 69(3)\ns 83\ndeleted by 29/2019 s 116\ns 83A\ninserted by 11/2011 s 48\ns 84\ndeleted by 29/2019 s 117\ns 84A\ninserted by 43/1995 s 40\n\ndeleted by 29/2019 s 117\ns 85\nsubstituted by 29/2019 s 118\ns 86 before substitution by 29/2019\n\ns 86(1)\namended by 105/1976 s 34(a), (b)\n\namended by 71/1981 s 57\ns 86(2)\namended by 105/1976 s 34(c)\n\namended by 21/2010 s 70\ns 86\nsubstituted by 29/2019 s 118\ns 87\n\namended by 73/1999 s 7 (Sch 1 cl 17)\n\namended by 23/2001 s 86\n15.7.2001\n\ndeleted by 12/2003 s 18\ns 87A\ninserted by 105/1976 s 35\n\ndeleted by 21/2010 s 71\ns 88\namended by 71/1981 s 58\n\namended by 73/1999 s 7 (Sch 1 cl 18)\n\namended by 21/2010 s 72\n\nsubstituted by 29/2019 s 119\ns 89\n\namended by 102/1995 Sch 2 cl 23\n\namended by 73/1999 s 7 (Sch 1 cl 19)\n\namended by 21/2010 s 73(1), (2)\n\ndeleted by 29/2019 s 119\ns 89A\ninserted by 43/1995 s 41\n\ndeleted by 84/2009 s 214\ns 89A\ninserted by 21/2010 s 74\ns 89B\ninserted by 29/2019 s 120\ns 90 before substitution by 29/2019\n\ns 90(1aa)\ninserted by 21/2010 s 75(1)\ns 90(2)\namended by 102/1995 Sch 2 cl 24\n\namended by 21/2010 s 75(2)\ns 90(3)\ninserted by 21/2010 s 75(3)\ns 90\nsubstituted by 29/2019 s 121\ns 91\ndeleted by 44/2003 s 3(1) (Sch 1)\n\ninserted by 21/2010 s 76\ns 91(2)\namended by 29/2019 s 122(1)—(3)\ns 91(3)\namended by 29/2019 s 122(4)\ns 91(4a)\ninserted by 29/2019 s 122(5)\ns 91A\ninserted by 21/2010 s 76\n\ndeleted by 29/2019 s 123\ns 92\n\ns 92(1)\ns 92 amended by 105/1976 s 36\n\ns 92 amended by 51/1978 s 21\n\ns 92 amended by 102/1995 Sch 2 cl 25\n\ns 92 amended by 1/1999 s 9\n\ns 92 amended by 73/1999 s 7 (Sch 1 cl 20)\n\ns 92(h) deleted by 71/1981 s 59\n\ns 92(j) deleted by 71/1981 s 59\n\ns 92 amended and redesignated as s 92(1) by 21/2010 s 77(1)—(5)\n\namended by 20/2011 s 7\n\namended by 29/2019 s 124(1)—(5), (7)—(9)\n\n(g) deleted by 29/2019 s 124(6)\ns 92(2)\n\namended by 29/2019 s 124(2), (10)\ns 92(3)\n\namended by 29/2019 s 124(1)—(3)\ns 92(4)—(7)\ns 92(8)—(12)\ninserted by 29/2019 s 124(11)\nSch\n\ns 5(1), (2), (6) and (8) redesignated as Sch under Acts Republication Act 1967\nsubstituted by 44/2003 s 3(1) (Sch 1)\ncl 1\ndeleted by 29/2019 s 125\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Mining Administration) Act 1999\n11—Transitional provisions\n\t(1)\tAn agreement registered under Part 9B of the Mining Act 1971 before the commencement of this Act will be taken to be an agreement that is to be kept confidential under section 63ZBA of that Act (as enacted by this Act) unless or until all parties to the agreement notify the Mining Registrar otherwise.\nMining (Private Mines) Amendment Act 1999, Sch 2\n1—Existing rights and proceedings\n\t(1)\tSubject to this clause, the repeal of section 19 of the principal Act by this Act does not affect—\n\t(a)\tthe effect of an application under section 19 of the principal Act before the commencement of this Act;\n\t(b)\tthe declaration of an area as a private mine under the principal Act;\n\t(c)\tany other process commenced before the commencement of this Act.\n\t(2)\tSubject to this clause, section 19 of the principal Act, as in existence immediately before the commencement of this Act, will continue in force and effect as if this Act had not been enacted for the purpose of—\n\t(a)\tdetermining any application for a declaration under that section (including by making an application to the Environment, Resources and Development Court in the event of a difference between the Minister and the applicant);\n\t(b)\tmaking any declaration of an area as a private mine;\n\t(c)\tany right to the payment of royalty pursuant to an application under subsection (17) of that section before 1 March 1980.\n\t(3)\tThe general duty under section 73H of the principal Act (as enacted by this Act) applies from the commencement of this Act (including to mining operations commenced before the commencement of this Act).\n\t(4)\tThe Director may take action under section 73I, 73J or 73K of the principal Act (as enacted by this Act) in relation to circumstances arising after the commencement of this Act (even if those circumstances are attributable to mining operations commenced before the commencement of this Act).\n\t(5)\tSections 73M and 73N of the principal Act (as enacted by this Act) extend to grounds in existence before the commencement of this Act (and to any declaration of a private mine before the commencement of this Act).\n2—Mine operation plans\n\t(1)\tThe following provisions apply with respect to mine operations plans under Part 11B of the principal Act (as enacted by this Act):\n\t(a)\tsubject to paragraph (b), section 73G of the principal Act (as enacted by this Act) does not apply to mining operations being carried out at a private mine immediately before the commencement of this Act until six months after that commencement; and\n\t(b)\ta development programme approved by the Chief Inspector under the Mines and Works Inspection Act 1920 before the commencement of section 73G of the principal Act (as enacted by this Act) will be taken to be a mine operations plan for the purposes of that Part to the extent that it relates to mining operations being carried out at a private mine at a particular time (and may be reviewed and amended from time to time under section 73G of the principal Act (as enacted by this Act) as if it were a mine operations plan under that section).\n\t(2)\tA mine operations plan to which subclause (1)(b) applies must be reviewed in accordance with section 73G of the principal Act (as enacted by this Act) within seven years after the commencement of that section (and will not be subject to the operation of subsection (15)(a) of that section).\n3—Additional matters\n\t(1)\tThe Governor may, by regulation, make provision for other matters of a savings or transitional nature consequent on the enactment of this Act.\n\t(2)\tThe Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Act, apply to any repeal or amendment effected by this Act.\nStatutes Amendment (Courts and Judicial Administration) Act 2001\n22—Transitional provisions\n\t(1)\tThe amendments made to the principal Act by section 20—\n\t(a)\tdo 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\n\t(b)\tapply 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).\n\t(2)\tThe amendments made to the principal Act by section 21 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).\nMining (Miscellaneous) Amendment Act 2003, Sch\ncommencement date means the date on which sections 6(1) and 8 of this Act come into operation;\npre-amendment application means an application under the principal Act lodged with the Director of Mines before the commencement date;\n2—Transitional provision\nThe amendments made by sections 6(1) and 8 of this Act do not apply with respect to—\n\t(a)\tan exploration licence granted on the basis of a pre-amendment application; or\n\t(b)\tthe renewal of an exploration licence if the licence was granted before the commencement date, or on the basis of a pre-amendment application; or\n\t(c)\ta subsequent exploration licence under section 30AB of the principal Act (as enacted by this Act) if the former licence was granted before the commencement date, or on the basis of a pre-amendment application.\nMining (Royalty No 2) Amendment Act 2005, Sch 1\nMinister means the Minister to whom the administration of the principal Act is committed;\n2—Continuation of existing arrangements\n\t(1)\tSubject to clause 3, in the case of a mine in existence immediately before the commencement of this Act, the ex-mine gate value of any minerals—\n\t(a)\tsubject to royalty under section 17(5) of the principal Act, as enacted by this Act; and\n\t(b)\tlisted in Column 1 of the following table,\nwill be determined according to the values set out in Column 3 of the following table:\n\nMineral\nGrade\nValue ($/unit)\nAgricultural Limestone\n\nBarite\n1st\n2nd\n24/tonne\n14/tonne\nClay\n1st\n2nd\nDolomite\n1st\n2nd\n10/tonne\n5/tonne\nFeldspar\n\n20/tonne\nGold\n\n12/gram\nGranites & Granitic Rocks\n\n50/metre3\n16.67/tonne\nGypsum\nCategories 1-3 (super premium grade, plaster board, cement)\nCategories 4-8 (agricultural premium, grade 1, 2 & 3 and other)\nJade (Nephrite)\n\n5000/tonne\n5/kilogram\nKaolin\n\nLimesand\n\nLimestone (including Marble)\n1st\n2nd\nMagnesite\n\nPhosphate\n\nSalt\n\nSilica Sand/Rock Silica\n\nShell Grit\n\nTalc\n1st\n2nd\n20/tonne\n10/tonne\n\t(2)\tThe Governor may, by regulation, prescribe principles that may be taken into account to determine whether or not a mine falls within the ambit of subclause (1).\n\t(3)\tThis clause will expire on 31 December 2008.\n3—Agreements\n\t(1)\tUnless otherwise agreed by the parties, any agreement under the principal Act relating to royalty on any minerals between the Minister and a person liable to pay the royalty in force immediately before the commencement of this Act will continue to have effect after the commencement of this Act, subject to any modifications that may be necessary in the circumstances or that may be prescribed (and on the basis that the agreement will cease to have effect in any event when the agreement expires, or is brought to an end in accordance with its terms or otherwise by agreement between the parties).\n\t(2)\tNothing in this Schedule prevents or limits the ability of the Minister to enter into an agreement under the principal Act as amended by this Act (including an agreement that has the effect of modifying or excluding the operation of clause 2 in the relevant case).\nMining (Miscellaneous) Amendment Act 2010, Sch 1\n2—Transitional provision\n\t(2)\tThe Minister may, after the commencement of this clause, vary the terms and conditions of a mining lease in existence at that commencement so as to authorise the recovery, use and sale or disposal of extractive minerals in the manner contemplated by section 39(2) of the principal Act or the recovery, use and sale or disposal of other minerals in the manner contemplated by section 39(7) of the principal Act (as enacted by this Act) (and this authorisation will then be taken to be an authorisation under that section).\nMining (Royalties) Amendment Act 2011, Sch 1\n1—Transitional provisions\nnew rate means the rate of royalty applying to new mines under section 17A of the principal Act on account of the amendment effected by section 5(2) of this Act;\n\t(2)\tThe amendments made by this Act to section 17 of the principal Act apply in relation to minerals recovered on or after 1 July 2011.\n\t(3)\tThe amendments made by this Act to section 17A of the principal Act apply in relation to any mine under that section that comes within the ambit of that section on account of an application lodged with the Director of Mines on or after 16 September 2010 (including a mine declared to be a new mine before the commencement of this clause).\n\t(4)\tIf a mine to which subclause (3) applies is declared to be a new mine before 1 July 2011, the new rate will be taken to have applied in relation to the mine from the date on which the mine was declared to be a new mine for the purposes of section 17A of the principal Act (and any royalty that becomes payable on account of the operation of this subclause must be paid in accordance with any determination of the Minister made for the purposes of this subclause).\n\t(5)\tThe amendments made by this Act to section 17A of the principal Act do not apply in relation to any mine that comes within the ambit of that section on account of an application lodged with the Director of Mines before 16 September 2010 (and section 17A, as in existence immediately before the commencement of this clause, will continue to apply in relation to such a mine as if section 5 of this Act had not been enacted).\nStatutes Amendment (Courts Efficiency Reforms) Act 2012\n30—Transitional provision\nThe amendment made to the Mining Act 1971 by this Part—\n\t(a)\tdoes not apply in respect of proceedings commenced before the commencement of this Part (and those proceedings may continue as if this Act had not been enacted); and\n\t(b)\tapplies in respect of proceedings commenced after the commencement of this Part (including proceedings in respect of a claim arising before the commencement of this Part).\nMining (Royalties) Amendment Act 2013, Sch 1\n1—Transitional provision\n\t(1)\tThe Minister may, in relation to the 2013/2014 financial year—\n\t(a)\tmake any determination or estimate required for the purposes of section 17DA, as inserted into the Mining Act 1971 by this Act, and serve any notice for the purposes of that section, at any time during the 2013/2014 financial year; and\n\t(b)\tif a notice referred to in paragraph (a) is served on a mining operator, require the mining operator to make a payment of royalty under the scheme established by section 17DA, as inserted into the Mining Act 1971 by this Act, with respect to a period specified by the Minister, according to an estimate made by the Minister, with the payment to be made by a date specified by the Minister (and thereafter monthly payments will apply); and\n\t(c)\tby notice served on a mining operator, make any other provision of a transitional nature so that section 17DA of the Mining Act 1971, as inserted into that Act by this Act, may operate effectively (including so as to modify the operation of that section in relation to the 2013/2014 financial year).\n\t(2)\tAny determination, estimate or notice made or served by the Minister under subclause (1) will have effect according to its terms and despite the provisions of the Mining Act 1971.\nBudget Measures Act 2014, Sch 1\n23—Transitional provision\nThe amendment made by clause 18 of this Part to section 17 of the Mining Act 1971 applies in relation to extractive minerals recovered on or after 1 July 2014.\nStatutes Amendment (Budget Measures) Act 2019, Pt 2\n12—Transitional provision\nThe amendments made to sections 40, 41E and 52 of the Mining Act 1971 by this Part apply in relation to rent paid under those sections following the commencement of this Part.\nStatutes Amendment (Mineral Resources) Act 2019, Sch 1 Pt 1—Transitional provisions\n2—References\nOn 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.\n3—Waiver of exemption\nmining operator has the same meaning as in the principal Act, as in force immediately before the day on which section 4 comes into operation.\n\t(2)\tSection 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.\n4—Registers\nAll 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.\n5—Mortgages\n\t(1)\tA 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.\n\t(2)\tAn application may be made under section 15AD of the principal Act, as enacted by this Act, in relation to a mortgage—\n\t(a)\tregistered on a register under the principal Act before the commencement of that section; or\n\t(b)\tcreated before the commencement of that section and registered on the mining register on or after that commencement.\n6—Registered documents and dealings\nSection 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.\n7—Royalty\n\t(1)\tThe 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.\n\t(2)\tIf 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.\n8—Exploration licences\ngrant date is the date of the original grant of an exploration licence;\nrelevant day means the day on which section 41 comes into operation.\n\t(2)\tAn 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 than the actual grant date.\n\t(3)\tIf—\n\t(a)\tan exploration licence in existence immediately before the relevant day has been granted under section 30AB of the principal Act; and\n\t(b)\timmediately 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,\nthe 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.\n\t(4)\tIf—\n\t(a)\tan exploration licence in existence immediately before the relevant day has been granted under section 30AB of the principal Act; and\n\t(b)\tthat licence is a successor to a former licence granted under section 30AB of the principal Act; and\n\t(c)\timmediately 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,\nthe 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—\n\t(d)\tthe 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\n\t(e)\tif 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.\n9—Expenditure\n\t(1)\tAn 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.\n\t(2)\tThe 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.\n10—Reinstatement of tenements\nSection 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.\n11—Mining Rehabilitation Fund\nThe 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.\n12—Jurisdiction relating to tenements and monetary claims\nThe amendment to section 67(1a) of the principal Act by section 78—\n\t(a)\tdoes 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\n\t(b)\tapply 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).\n13—Programs for environment protection and rehabilitation\nADP means a development program approved under regulation 9 of the Mines and Works Inspection Regulations 2013;\nrelevant day means the day on which section 83 comes into operation;\nPEPR means a program under Part 10A of the principal Act;\nprescribed item means—\n\t(a)\tan exploration work program; or\n\t(b)\ta declaration of environmental factors; or\n\t(c)\ta program for mining and rehabilitation of land,\nwithin the meaning of regulation 114 of the Mining Regulations 2011 as in force immediately before the relevant day.\n\t(2)\tA prescribed item—\n\t(a)\tcontinues as a PEPR for the purposes of the principal Act; and\n\t(b)\tinsofar 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—\n\t(i)\tregulation 114 of the Mining Regulations 2011; and\n\t(ii)\tPart 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).\n\t(3)\tAn ADP in force immediately before the relevant day—\n\t(a)\twill be taken to be a PEPR for the purposes of the principal Act; and\n\t(b)\tinsofar 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).\n\t(4)\tSubclause (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.\n\t(5)\tThe 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.\n\t(6)\tThe 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.\n\t(7)\tIf 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.\n14—Caveats\nIf a caveat lodged under Part 11A of the principal Act is in force immediately before the repeal of that Part by this Act—\n\t(a)\tthe provisions of that Part will continue to apply in relation to the caveat as if the repeal had not been effected; and\n\t(b)\tDivision 3 of Part 2A of the principal Act, as enacted by this Act, will not apply in relation to the caveat.\n15—Private mines\nprescribed day means the day falling 15 years after the day on which this clause comes into operation.\n\t(2)\tOn and after the prescribed day—\n\t(a)\ta 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\n\t(b)\tPart 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\n\t(c)\tsection 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\n\t(d)\tsections 73I and 73KA of the principal Act will apply—\n\t(i)\tas if a reference to a mine operations plan included a reference to a program under Part 10A of the principal Act; and\n\t(ii)\tas 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.\n16—Safety net\nThe repeal of section 84A of the principal Act does not affect the operation of any agreement in force under that section before the repeal.\nStatutes Amendment (Budget Measures) Act 2025, Pt 3\n8—Transitional provisions\n\t(1)\tThe amendments made by section 5(1) to section 17 of the Mining Act 1971 apply in relation to the value of minerals for the purposes of determining royalty on or after the commencement of this clause.\n\t(2)\tA recognition or declaration of the Treasurer made by notice in the Gazette under section 17(6)(b) of the Mining Act 1971 before the commencement of section 5(1) will, on that commencement, be taken to have been made under section 17(6)(b) of the Mining Act 1971 as in force after that commencement.\nHistorical versions\nReprint—31.7.1986\n\nReprint No 1—1.10.1991\n\nReprint No 2—4.3.1993\n\nReprint No 3—15.1.1994\n\nReprint No 4—3.11.1994\n\nReprint No 5—1.6.1995\n\nReprint No 6—17.6.1996\n\nReprint No 7—21.4.1997\n\nReprint No 8—21.5.1998\n\nReprint No 9—1.4.1999\n\nReprint No 10—29.7.1999\n\nReprint No 11—8.6.2000\n\nReprint No 12—1.7.2000\n\nReprint No 13—1.9.2000\n\nReprint No 14—1.3.2001\n\nReprint No 15—14.6.2001\n\nReprint No 16—15.7.2001\n\nReprint No 17—3.2.2002\n\nReprint No 18—4.5.2002\n\nReprint No 19—12.6.2003\n\nReprint No 20—30.10.2003\n\nReprint No 21—24.11.2003\n\n2.9.2004\n\n1.10.2009\n\n19.6.2014 (electronic only)\n\n1.7.2014\n\n1.1.2024\n\n","sortOrder":35}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was available for analysis. The submission contained only a 'Page Not Found' error from the SA Legislation website, likely due to a broken hyperlink following a site update in March 2026."},"complexity_factors":["No legislative content was retrieved — only a website error page was provided","Complexity cannot be meaningfully assessed without the actual text of the Act","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe link provided for the *Mining Act 1971* (South Australia) returned a **Page Not Found** error from the SA Legislation website. This appears to be caused by a broken or outdated hyperlink following a website update on 24 March 2026.\n\n**What this means for you:** No analysis of the actual law can be provided because the text of the legislation was not successfully loaded. To find the correct version of the *Mining Act 1971* (SA), visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and search for the Act by name, or contact the Office of Parliamentary Counsel at OPCWeb@sa.gov.au."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":1169},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 1971 scope. Major additions include: native title procedures (Part 9B, 1995), environmental protection and rehabilitation programs (Part 10A, 2010), compliance and enforcement powers (Part 10B, 2010), civil penalties (Part 10C, 2010), the Mining Rehabilitation Fund (2019), and comprehensive restructuring of exploration licensing (2019). The 2019 amendments (Statutes Amendment (Mineral Resources) Act 2019) represented a particularly large expansion, inserting new Parts 2A, 8B, 10A, 10B, 10C and substantially rewriting royalty, exploration, and native title provisions. What began as a relatively straightforward mining licensing statute now encompasses environmental management, Aboriginal land rights, corporate governance, and complex financial assurance mechanisms."},"complexity_factors":["Extensive cross-referencing between Parts — for example, Part 9B (native title) modifies operations across all tenement types, and Part 10A (environmental programs) applies conditionally to multiple tenement classes","Multiple overlapping jurisdictions — Warden's Court for tenement disputes, ERD Court for environmental and native title matters, Supreme Court for land acquisition, plus ministerial discretion at numerous points","Nested conditional logic — section 17 (royalty) alone contains 14 subsections with multiple calculation methods, exemptions, and valuation hierarchies","47+ defined terms in section 6, many themselves containing nested definitions (e.g., 'authorised operations' depends on 'exploring' which depends on 'low impact exploration operations' vs 'advanced exploration operations')","Temporal complexity — different rules apply based on when tenements were granted (pre-1994, pre-2000, pre-2021), with transitional provisions in the Schedule","Native title provisions (Part 9B) create a parallel negotiation/determination regime that interacts with but operates separately from standard tenement processes","Private mines (Part 11B) operate under a modified subset of the Act, requiring readers to track which provisions apply and which don't","Regulation-making powers throughout (e.g., section 92) allow substantive rules to be set outside the Act itself, creating indeterminacy"],"plain_english_summary":"This is South Australia's **Mining Act 1971**, the primary law governing mining operations in the state. Here's what it does:\n\n**Core purpose**\nThe Act regulates how minerals are prospected for, explored, and mined on land in South Australia. It establishes a licensing system where the Crown (state government) retains ownership of all minerals, but grants rights to private parties to extract them in exchange for royalties and compliance with environmental conditions.\n\n**Key players**\n- **The Minister** — has broad powers to grant, vary, and cancel mining tenements (licences)\n- **Director of Mines** — handles day-to-day administration\n- **Mining Registrar** — maintains the official register of all mining rights and dealings\n- **Warden's Court** — a specialist tribunal that resolves disputes about mining tenements\n- **ERD Court** — the Environment, Resources and Development Court, which hears appeals and major environmental matters\n\n**Types of mining rights**\nThe Act creates several tiers of permissions:\n- **Mineral claims** — small-scale prospecting rights (non-transferable, short-term)\n- **Exploration licences** — allow searching for minerals (up to 18 years with renewals, subject to spending commitments)\n- **Mining leases** — full production rights for viable mineral deposits\n- **Retention leases** — \"parking\" rights when minerals are found but not yet commercially viable\n- **Miscellaneous purposes licences** — for supporting activities like transport or processing\n\n**Environmental protection**\nA major feature is the **program for environment protection and rehabilitation (PEPR)**. Before mining, operators must submit detailed plans showing how they'll minimise environmental harm and rehabilitate land afterward. The Minister can issue directions to stop operations causing \"undue damage to the environment\" and can require bonds or payments into the **Mining Rehabilitation Fund** to ensure cleanup happens.\n\n**Native title**\n**Part 9B** contains special procedures for mining on land where Aboriginal native title exists. Mining generally requires either:\n- Negotiated agreement with native title holders, or\n- A determination from the ERD Court after good-faith negotiations fail\n\nThe Minister can override court determinations in limited circumstances, but cannot discriminate against native title holders.\n\n**Royalties and fees**\nMining operators pay royalties to the Crown based on mineral value (typically 3.5–5% for most minerals, with reduced rates for new mines). There are also annual licence fees, and penalties for late payment.\n\n**Private mines**\n**Part 11B** provides a separate, lighter regulatory regime for \"private mines\" — historical mining operations that pre-date modern environmental laws. These are gradually being brought under standard environmental controls.\n\n**Enforcement**\nThe Act includes criminal offences (fines up to $250,000), civil penalties, compliance directions, emergency stop orders, and powers for authorised officers to enter and inspect mining operations. Directors of companies can be personally liable for corporate offences.\n\n**Who it affects**\n- Mining companies and exploration firms\n- Landowners (who retain surface rights but not mineral rights, and are entitled to compensation for access)\n- Aboriginal communities with native title\n- Local councils and environmental groups\n- The state government (as royalty recipient and environmental regulator)"},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has grown far beyond its original 1971 purpose of simply regulating mining operations. Major expansions include: (1) introduction of rights for native title holders (Part 9B added in 1995), (2) detailed environmental management and rehabilitation programs (Part 10A added in 2010), (3) special mining enterprises with powers to exempt from the Act (Part 8A added in 1995), (4) a mining register with caveats and mortgages (Part 2A added in 2021), (5) a Mining Rehabilitation Fund (section 62AA added in 2019), and (6) compliance and enforcement powers with civil penalties (Part 10B and 10C). The Act now covers not just mining but land access, native title agreements, financial assurance, environmental auditing, and complex royalty structures."},"complexity_factors":["Over 100 sections in 12 parts plus schedules","Extremely long definition section (section 6) with 50+ defined terms","Multiple types of tenements with different rules, terms, and conditions","Heavy cross-referencing between parts (e.g., Part 8B applies common provisions to Parts 6, 7, 8)","Conditional logic with many exceptions and sub-exceptions (e.g., exempt land in section 9)","Royalty calculations involve market value, classifications, and ministerial discretion (sections 17, 17A, 17DA)","Environmental requirements in Part 10A and 10B with program approvals, audits, and directions","Native title negotiation procedures in Part 9B with multiple pathways and ministerial override","Extensive regulations power (section 92) allowing many details to be filled in later","Historical amendments over 50 years creating transitional provisions and outdated references"],"plain_english_summary":"This Act controls who can dig for minerals in South Australia and under what conditions. It works like a licensing system: you need a permit (called a 'mineral tenement') to explore or mine for minerals. The Crown (the state government) owns all minerals, even on private land (section 16). If you recover minerals, you must pay a royalty (a tax on value) to the government (Part 3).\n\nThe Act sets out different types of permits:\n- **Mineral claim**: basic right to prospect for a short time (Part 4).\n- **Exploration licence**: allows larger-scale exploring, lasts up to 18 years with renewals (Part 5).\n- **Mining lease**: allows full mining and selling minerals (Part 6).\n- **Retention lease**: holds land for future mining when not yet viable (Part 7).\n- **Miscellaneous purposes licence**: for things like roads or processing plants (Part 8).\n- **Special mining enterprise**: for big projects – can get exemptions from some rules (Part 8A).\n\nBefore starting work, you must get the landowner's agreement or compensation (Part 9), and if the land is subject to native title you need a special agreement (Part 9B). You also need a 'program for environment protection and rehabilitation' approved (Part 10A) that says how you'll manage damage and restore the site. The government can issue directions to fix problems and even cancel your permit (Part 10B).\n\nThere is a court called the Warden's Court that handles disputes over claims, contracts, and forfeiture (Part 10). Penalties for breaking the rules can be up to $250,000 or imprisonment (Part 10C).\n\n**Who it affects**: Anyone wanting to explore for or mine minerals in SA, including companies, landowners, and native title holders.\n\n**Why it matters**: It is the main law governing mining – it balances private mining rights with public revenue, environmental protection, and landowner interests. It allows mining but imposes many conditions and costs."}},"importantCases":[],"_links":{"self":"/api/acts/mining-act-1971","history":"/api/acts/mining-act-1971/history","analysis":"/api/acts/mining-act-1971/analysis","conflicts":"/api/acts/mining-act-1971/conflicts","importantCases":"/api/acts/mining-act-1971/important-cases","documents":"/api/acts/mining-act-1971/documents"}}