{"id":"nsw:sl-2020-0493","name":"Offshore Minerals Regulation 2020","slug":"offshore-minerals-regulation-2020","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"493 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176364,"registerId":"nsw-nsw:sl-2020-0493-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Offshore Minerals Regulation 2020](/view/html/inforce/current/sl-2020-0493).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note.\n> \n> This Regulation repeals and replaces the [Offshore Minerals Regulation 2013](/view/html/repealed/current/sl-2013-0483) which would otherwise be repealed on 1 September 2020 by section 10(2) of the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Regulation—\n> > \n> > royalty period has the same meaning as in section 428 of the Act.\n> > \n> > the Act means the [Offshore Minerals Act 1999](/view/html/inforce/current/act-1999-042).\n> > \n> > Note.\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> > (2) Notes included in this Regulation do not form part of this Regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Licences","content":"# Part 2 Licences\n\nPart 2 Licences","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Applications for licences","content":"#### 4 Applications for licences\n\n4 Applications for licences\n\n> For the purposes of sections 54(1)(e)(ii), 138(1)(e)(ii) and 199(1)(e)(ii) of the Act, each map that accompanies an application for an exploration licence, retention licence and mining licence, respectively—\n> \n> > (a) must be a 1:1,000,000 series map published by Regional NSW or, if that kind of map is not available, a similar map issued by another Public Service agency (within the meaning of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040)) or a public authority (whether of New South Wales or the Commonwealth), and\n> \n> > (b) must show the relevant blocks by distinctive colour tinting or edging.","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"Ballot procedures—exploration and mining licences","content":"# Part 3 Ballot procedures—exploration and mining licences\n\nPart 3 Ballot procedures—exploration and mining licences","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of “applicant” and “delegate”","content":"#### 5 Meaning of “applicant” and “delegate”\n\n5 Meaning of “applicant” and “delegate”\n\n> In this Part—\n> \n> applicant includes a person authorised in writing by an applicant to represent the applicant at a drawing of lots under this Part.\n> \n> delegate means a person employed in, or an agent of, Regional NSW who is authorised by the Secretary of Regional NSW to conduct a drawing of lots under this Part.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Multiple applications—time of lodgment","content":"#### 6 Multiple applications—time of lodgment\n\n6 Multiple applications—time of lodgment\n\n> For the purposes of sections 58(2)(b) and 203(2)(b) of the Act, the prescribed time is 30 minutes.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Multiple applications—drawing of lots","content":"#### 7 Multiple applications—drawing of lots\n\n7 Multiple applications—drawing of lots\n\n> > (1) For the purposes of sections 58(2) and 203(2) of the Act, the prescribed way of drawing lots is set out in subclauses (2)–(9).\n> \n> > (2) At least 7 days before the drawing of lots, the delegate is to give notice in writing of the time and place of the draw to each applicant at the principal office of the applicant.\n> \n> > (3) The draw is to be carried out in the presence of all applicants, other than an applicant who—\n> > \n> > > (a) has been notified of the time and place of the draw in accordance with subclause (2), and\n> > \n> > > (b) does not attend the draw at the notified time and place.\n> \n> > (4) The delegate is to write the name of each applicant on a separate paper of the same kind as the paper on which the name of each other applicant is written.\n> \n> > (5) The papers and writing may be examined by each person present at the draw.\n> \n> > (6) The papers are to be folded in the same manner by the delegate and placed by the delegate in an otherwise empty receptacle the interior surface of which will not snag the papers.\n> \n> > (7) A person is to draw the papers individually from the receptacle without looking into the receptacle.\n> \n> > (8) The person referred to in subclause (7)—\n> > \n> > > (a) must not be—\n> > > \n> > > > (i) an applicant or the delegate, or\n> > > \n> > > > (ii) an officer, employee or agent of an applicant, and\n> > \n> > > (b) must be a person declared in writing by each applicant present at the draw and the delegate to be acceptable.\n> \n> > (9) The delegate is to record—\n> > \n> > > (a) on each paper—the place of the paper in the order of drawing papers from the receptacle, and\n> > \n> > > (b) on each application—the number that corresponds to the place in the draw of the paper relating to the application.","sortOrder":9},{"sectionNumber":"Part 4","sectionType":"part","heading":"Restoration of environment","content":"# Part 4 Restoration of environment\n\nPart 4 Restoration of environment","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Definition","content":"#### 8 Definition\n\n8 Definition\n\n> In this Part—\n> \n> unused mining property means property (including a structure or equipment) that—\n> \n> > (a) has been brought into coastal waters for use in offshore exploration or mining activities, and\n> \n> > (b) is not being used and is not intended to be used in exploration or mining activities in accordance with a licence.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Direction to remove unused mining property","content":"#### 9 Direction to remove unused mining property\n\n9 Direction to remove unused mining property\n\n> > (1) The Minister may, by written notice given to the holder or former holder of a licence, direct the holder or former holder to remove from coastal waters, within the period specified in the notice, any unused mining property that the holder or former holder has brought into those waters.\n> \n> > (2) The Minister may, by a further written notice given to the holder or former holder of the licence, extend the period referred to in subclause (1).","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Disposal of unused mining property","content":"#### 10 Disposal of unused mining property\n\n10 Disposal of unused mining property\n\n> > (1) If unused mining property is not removed in accordance with a direction given under clause 9, the Minister may cause the property to be removed and may direct that the property be sold by public auction.\n> \n> > (2) Any unused mining property unsold after the public auction may be sold by private treaty.\n> \n> > (3) The costs incurred by the Minister or a person acting under the direction of the Minister in removing or disposing of unused mining property under this clause are to be deducted from the proceeds of any sale under this clause.\n> \n> > (4) Any balance remaining is to be paid to the holder or former holder of a licence to whom the relevant direction was given under clause 9, unless the Minister determines that it should be paid to some other person who appears to the Minister to be more entitled to the proceeds.\n> \n> > (5) If the proceeds of sale are less than the amount of costs to be deducted, the proceeds are to be applied in meeting those costs in the manner directed by the Minister.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Direction to rehabilitate mining area","content":"#### 11 Direction to rehabilitate mining area\n\n11 Direction to rehabilitate mining area\n\n> > (1) The Minister may, by written notice given to the holder or former holder of a licence, direct the holder or former holder to take steps specified in the notice, within the period specified in the notice, to rehabilitate an area in coastal waters that has been damaged or affected by offshore exploration or mining activities of the holder or former holder.\n> \n> > (2) The Minister may, by a further written notice given to the holder or former holder, extend the period referred to in subclause (1).\n> \n> > (3) If a person fails to comply with a direction given to the person under this clause, the Minister may cause to be taken any of the steps specified in the notice in which the direction was given.\n> \n> > (4) Any costs and expenses incurred by the Minister or a person acting under the direction of the Minister under subclause (3) are to be deducted from any amount of security held by the Minister under the Act in relation to the licence or former licence concerned.","sortOrder":14},{"sectionNumber":"Part 5","sectionType":"part","heading":"Royalty","content":"# Part 5 Royalty\n\nPart 5 Royalty","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Rate of royalty","content":"#### 12 Rate of royalty\n\n12 Rate of royalty\n\n> For the purposes of section 430(1) of the Act, the rate of royalty prescribed in relation to a mineral is 4% of the landed value of the mineral (as referred to in section 432 of the Act).","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Records to be kept","content":"#### 13 Records to be kept\n\n13 Records to be kept\n\n> The holder of a mining licence must keep records of all minerals recovered under the licence, including the following—\n> \n> > (a) records of the quantity of minerals recovered during each royalty period,\n> \n> > (b) records of the quantity and value of minerals disposed of, whether by sale or otherwise, during each royalty period,\n> \n> > (c) records of the quantity and value of minerals held (in the form in which they are disposed of) by the holder of the licence at the beginning and the end of each royalty period,\n> \n> > (d) records of all royalty that became payable during each royalty period in connection with the disposal of minerals.","sortOrder":17},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"# Part 6 Miscellaneous\n\nPart 6 Miscellaneous","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Fees","content":"#### 14 Fees\n\n14 Fees\n\n> The Minister may determine, with the concurrence of the Treasurer, the prescribed fee payable for the purposes of each of the following provisions of the Act—\n> \n> > (a) section 332(1)—inspection of the offshore mining register and document file,\n> \n> > (b) section 338(1)(e)—registration of transfer of a licence or a share in a licence,\n> \n> > (c) section 339(1)(c)—registration of a document (other than a transfer of a licence or a share in a licence) that creates, transfers, affects or otherwise deals with an interest in a licence,\n> \n> > (d) section 340(1)(d)—registration of a person as a licence holder after devolution of the rights of a licence holder to the person by operation of law,\n> \n> > (e) section 357(4)—certified copy of, or extract from, the offshore mining register,\n> \n> > (f) section 358(1)—certified copy of a document that is kept on the document file,\n> \n> > (g) section 359(1)—certificate that a thing required or allowed by Part 3.1 (Registration) of the Act has been, or has not been, done.","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Copies of documents","content":"#### 15 Copies of documents\n\n15 Copies of documents\n\n> The Minister or an inspector may take a copy of any document produced to the Minister or inspector in accordance with section 370 of the Act.","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Testing and analysis of samples","content":"#### 16 Testing and analysis of samples\n\n16 Testing and analysis of samples\n\n> The Minister or an inspector may test or analyse any sample given to the Minister or the inspector in accordance with section 371 of the Act.","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Repeal and saving","content":"#### 17 Repeal and saving\n\n17 Repeal and saving\n\n> > (1) The [Offshore Minerals Regulation 2013](/view/html/repealed/current/sl-2013-0483) is repealed.\n> \n> > (2) Any act, matter or thing that, immediately before the repeal of the [Offshore Minerals Regulation 2013](/view/html/repealed/current/sl-2013-0483), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":22}],"analysis":{"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication that the regulation's scope has changed from its original intent. It has remained in a single in-force version since 21 August 2020 with no amendments recorded, suggesting it continues to operate as originally made."},"complexity_factors":["Operates as a subordinate instrument (regulation) that cannot be fully understood without reference to the parent Offshore Minerals Act","Subject matter involves specialised offshore resources law, which intersects Commonwealth and State jurisdictional boundaries in Australian waters","Automatic sunset/repeal mechanism under the Subordinate Legislation Act 1989 adds a temporal legal dimension","Limited content is visible in the provided text — the actual operative provisions are not shown, making full analysis impossible and suggesting hidden complexity in the substantive rules","Offshore minerals regulation typically involves technical licensing, environmental, and maritime law concepts"],"plain_english_summary":"The Offshore Minerals Regulation 2020 (NSW) sets out the practical rules—fees, forms, application and technical requirements—that let the Offshore Minerals Act operate for seabed exploration and extraction in NSW waters. It mainly affects mining companies and regulators, with implications for coastal communities and environmental stakeholders.\n\nIt is technical but enabling, and is scheduled to automatically lapse on 1 September 2026 unless remade."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Regulation maintains its original scope as subordinate legislation supporting the Offshore Minerals Act 1999. It covers licensing administration, environmental restoration, royalties, and fees – all consistent with the parent Act's framework. The 2020 version appears to be a straightforward re-enactment of the 2013 version (noted as expiring under the Subordinate Legislation Act 1989) without significant expansion beyond the original regulatory purpose."},"complexity_factors":["Short length (17 clauses across 6 Parts)","Minimal defined terms (only 3 explicit definitions in clauses 3 and 8, plus 2 in clause 5 for Part 3)","Straightforward conditional logic (simple 'if-then' structures without nesting)","Limited cross-referencing (primarily references to specific sections of the parent Act)","No exceptions to exceptions or deeply nested subclauses","Procedural clarity (the ballot rules in clause 7 are prescriptive but mechanically simple)"],"plain_english_summary":"**What this legislation does:**\n\nThis Regulation sets out the practical rules for managing offshore mineral exploration and mining in New South Wales coastal waters. It operates under the main Offshore Minerals Act 1999 and fills in the operational details that the Act doesn't cover.\n\n**Who it affects:**\n\n- **Mining companies** seeking exploration licences, retention licences, or mining licences in NSW coastal waters\n- **The Minister for Regional NSW** and departmental staff who administer the licensing system\n- **The environment** – through rules about cleanup and rehabilitation\n\n**Key things it covers:**\n\n- **Map requirements** (clause 4): Companies must submit specific 1:1,000,000 scale maps with licence applications, showing the area they want using distinctive colouring\n\n- **Ballot procedures** (clauses 5–7): When multiple companies apply for the same area, a literal drawing of lots decides who gets priority. The rules specify everything from giving 7 days' notice to using paper of the same kind, folded the same way, placed in a receptacle that won't snag the papers, drawn by a neutral person acceptable to all parties\n\n- **Environmental cleanup** (clauses 8–11): \n  - The Minister can order companies to remove abandoned equipment and structures from coastal waters\n  - If they don't, the Minister can remove and sell the property at auction, recovering costs from the sale\n  - The Minister can also order rehabilitation of damaged areas, with costs recoverable from security bonds held under the Act\n\n- **Royalties** (clauses 12–13): Sets the royalty rate at **4% of the landed value** of minerals recovered. Licence holders must keep detailed records of quantities, values, and royalties paid\n\n- **Fees and administration** (clauses 14–16): Allows the Minister (with Treasurer approval) to set fees for register searches, licence transfers, and certified copies. Also allows testing of mineral samples and copying of documents produced to inspectors\n\n- **Transition** (clause 17): Repeals the 2013 version of this Regulation but preserves any existing arrangements\n\n**Why it matters:**\n\nThis Regulation ensures offshore mining operates with clear environmental safeguards, transparent processes for competing applications, and proper financial accountability through royalties and record-keeping. The detailed ballot rules prevent disputes over who gets priority, while the cleanup provisions ensure taxpayers aren't left with the bill for abandoned mining equipment."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Regulation expressly repeals the 2013 Offshore Minerals Regulation but saves existing acts and rights so they continue under the new instrument (clause 17(1)–(2)). The instrument provides administrative and procedural detail (mapping, ballots, removal/disposal/rehabilitation, royalty rate, records, fees, inspection/testing) without introducing a clear expansion or contraction of substantive licensing scope in the text provided (see clauses 4, 7, 9–13, 14–16)."},"complexity_factors":["Specific mapping requirement for licence applications (1:1,000,000 series map or equivalent) which may require applicants to source official maps (clause 4).","Detailed, prescriptive ballot procedure for simultaneous applications (notice period, who may draw, recording procedure) that raises administrative steps for delegates and applicants (clause 7).","Short prescribed lodgment interval for multiple applications (30 minutes) that affects applicant timing (clause 6).","Ministerial discretion to direct removal, sale and rehabilitation of unused mining property, and to recover costs from sale proceeds or security—creates implementation and enforcement discretion (clauses 9–11, 10(3)–(5), 11(3)–(4)).","Fixed royalty rate of 4% of landed value, requiring licence holders to calculate value and maintain related records (clause 12; clause 13 sets record-keeping obligations).","Fee-setting power exercisable by the Minister but requiring concurrence of the Treasurer, introducing an inter-agency approval step (clause 14).","Inspection, copying and sample-testing powers for the Minister or inspectors that impose evidentiary and compliance obligations on holders (clauses 15–16).","Repeal-and-saving clause preserves prior acts and continuity while replacing the 2013 Regulation, which may affect transitional implementation (clause 17(1)–(2))."],"plain_english_summary":"This Regulation sets out procedural and administrative rules governing offshore minerals in New South Wales: how licence applications are presented and balloted, ministerial powers to remove or dispose of unused offshore mining property and require rehabilitation, a fixed 4% royalty on the landed value of minerals, record-keeping and fee-setting arrangements, and inspection/testing powers. It affects licence applicants and holders, Regional NSW, the Minister and the Treasurer by allocating decision-making authority and imposing compliance and financial obligations."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/offshore-minerals-regulation-2020","history":"/api/acts/offshore-minerals-regulation-2020/history","analysis":"/api/acts/offshore-minerals-regulation-2020/analysis","conflicts":"/api/acts/offshore-minerals-regulation-2020/conflicts","importantCases":"/api/acts/offshore-minerals-regulation-2020/important-cases","documents":"/api/acts/offshore-minerals-regulation-2020/documents"}}