NORTHERN TERRITORY OF AUSTRALIA
LEGACY MINES REMEDIATION REGULATIONS 2024
As in force at 1 July 2024
Table of provisions
Part 1 Preliminary matters
1 Title .................................................................................................. 1
2 Commencement .............................................................................. 1
3 Definitions ........................................................................................ 1
Part 2 Mining remediation levy
4 Amount of levy payable ................................................................... 1
5 Payment of levy by instalments ....................................................... 2
Part 3 Reserved legacy mine sites
6 Criteria for declaring reserved legacy mine site ............................... 2
7 Procedure before declaring reserved legacy mine site .................... 3
8 Declaration of reserved legacy mine site ......................................... 4
9 Register of reserved legacy mine sites ............................................ 4
Part 4 Authorisations to carry out remediation
activities
10 Notices............................................................................................. 4
Part 5 Infringement notice offences
11 Infringement notice offence and prescribed amount payable .......... 5
12 When infringement notice may be given .......................................... 5
13 Contents of infringement notice ....................................................... 5
14 Electronic payment and payment by cheque ................................... 6
15 Expiation of offence ......................................................................... 6
16 Withdrawal of infringement notice.................................................... 6
17 Application of Part ........................................................................... 7
Schedule Infringement notice offences and
prescribed amounts
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 July 2024
LEGACY MINES REMEDIATION REGULATIONS 2024
Regulations under the Legacy Mines Remediation Act 2023
Part 1 Preliminary matters
1 Title
These Regulations may be cited as the Legacy Mines Remediation
Regulations 2024.
2 Commencement
These Regulations commence on the commencement of the
Legacy Mines Remediation Act 2023.
3 Definitions
In these Regulations:
infringement notice, for Part 5, see regulation 12.
infringement notice offence, for Part 5, see regulation 11(1).
mineral title, see section 11(1) of the Mineral Titles Act 2010.
prescribed amount, for Part 5, see regulation 11(2).
registered owner, see section 4 of the Land Title Act 2000.
title holder, see section 8 of the Mineral Titles Act 2010.
Part 2 Mining remediation levy
4 Amount of levy payable
(1) The amount of levy payable for a financial year is calculated by
reference to the amount of mining security provided by the mining
operator that is held under the Environment Protection Act 2019 on
1 July of that year.
Part 3 Reserved legacy mine sites
Legacy Mines Remediation Regulations 2024 2
(2) As soon as practicable after the first day of each financial year, the
Minister must give the mining operator for a mining site written
notice of the amount of levy payable for that financial year.
(3) If an environmental (mining) licence is granted to a mining operator
of a mining site during a financial year:
(a) the amount of levy payable by the mining operator for that
financial year is calculated on a pro rata basis by reference to
the amount of security the mining operator must provide on
the grant of the environmental (mining) licence; and
(b) the Minister must give the mining operator a written notice of
the amount of levy payable.
5 Payment of levy by instalments
(1) The Minister may, on written application by the mining operator for
a mining site, approve the payment of a levy in instalments during
the financial year for which the levy is payable.
(2) An approval under subregulation (1) must be in writing and specify:
(a) the date on or before which the operator must pay each
instalment; and
(b) the amount of each instalment.
(3) The Minister must ensure that the approval requires payment of the
final instalment no later than 15 June of that financial year.
Part 3 Reserved legacy mine sites
6 Criteria for declaring reserved legacy mine site
For section 14(1)(a) of the Act, the criteria are all of the following:
(a) there is environmental harm, or an unacceptable risk of
environmental harm, on or related to a proposed reserved
legacy mine site;
(b) one or more remediation activities are needed to remediate
the environmental harm or reduce the risk of environmental
harm;
(c) the time and cost involved in carrying out the remediation
activities on the proposed reserved legacy mine site warrants
the reservation.
Part 3 Reserved legacy mine sites
Legacy Mines Remediation Regulations 2024 3
7 Procedure before declaring reserved legacy mine site
(1) For section 14(1)(b) of the Act, before the Minister declares a
legacy mine site to be a reserved legacy mine site, the Minister
must:
(a) publish a notice of the proposal to declare a reserved legacy
mine site on the Agency's website for 28 days; and
(b) give a copy of the notice to each of the following:
(i) the registered owner of the land on which the proposed
reserved legacy mine site is located;
(ii) the title holder of a mineral title that is on the land on
which the proposed reserved legacy mine site is located.
(2) A notice under subregulation (1) must include the following:
(a) a description of the land on which the proposed reserved
legacy mine site is located, including the spatial coordinates of
the site;
(b) the name of the proposed reserved legacy mine site, if any;
(c) the reason for the proposed reservation;
(d) the proposed remediation activities to be carried out on the
proposed reserved legacy mine site;
(e) an invitation for persons to make submissions in relation to the
proposed declaration of the reserved legacy mine site within
the period specified in the notice (which must be at least
28 days after the publication or giving of the notice);
(f) a statement that the form of a submission under
subregulation (e) may be in writing or by audio or video
recording;
(g) the address where submissions may be given to the Minister.
(3) The Minister must consider any submissions received within the
period mentioned in subregulation (2)(e) before declaring the
reserved legacy mine site.
Part 4 Authorisations to carry out remediation activities
Legacy Mines Remediation Regulations 2024 4
8 Declaration of reserved legacy mine site
(1) For section 14(2)(a) of the Act, the declaration of a reserved legacy
mine site must include the following:
(a) a description of the land on which the reserved legacy mine
site is located, including the spatial coordinates of the site;
(b) the name of the reserved legacy mine site, if any;
(c) the reason for the reservation;
(d) the proposed remediation activities to be carried out on the
reserved legacy mine site;
(e) the date on which the reservation takes effect.
(2) The Minister must give a copy of the declaration to:
(a) the registered owner of the land on which the reserved legacy
mine site is located; and
(b) the title holder of a mineral title that is on the land on which the
reserved legacy mine site is located.
9 Register of reserved legacy mine sites
For section 15(1) and (3) of the Act, an entry in the register of
reserved legacy mine sites must include the following information in
relation to each reserved legacy mine site:
(a) a description of the land on which the reserved legacy mine
site is located, including the spatial coordinates of the site;
(b) the name of the reserved legacy mine site, if any;
(c) the reason for the reservation;
(d) the date on which the reservation took effect.
Part 4 Authorisations to carry out remediation
activities
10 Notices
For section 16(5) of the Act, a notice must include the following:
(a) the name and contact details of the authorised person;
Part 5 Infringement notice offences
Legacy Mines Remediation Regulations 2024 5
(b) the name and contact details of the individual who will be in
charge of carrying out the authorised remediation activities;
(c) the nature of the authorised remediation activities to be carried
out on the land or premises;
(d) the intended start date, and an estimate of the duration, of the
authorised remediation activities;
(e) a map of the land on which the authorised remediation
activities are to be carried out, clearly indicating its location
and boundaries;
(f) details of the proposed place of entry on to the land.
Part 5 Infringement notice offences
11 Infringement notice offence and prescribed amount payable
(1) An infringement notice offence is an offence against a provision
specified in the Schedule.
(2) The prescribed amount for an infringement notice offence is the
amount equal to the monetary value of the number of penalty units
specified for the offence in the Schedule.
12 When infringement notice may be given
If a legacy mines remediation officer believes on reasonable
grounds that a person has committed an infringement notice
offence, the officer may give an infringement notice to the person.
13 Contents of infringement notice
(1) The infringement notice must specify the following:
(a) the name and address of the person to whom it is issued, if
known;
(b) the date the infringement notice is given to the person;
(c) the date and time of the infringement notice offence and the
place at which the infringement notice offence occurred;
(d) a description of the offence;
(e) the prescribed amount payable for the offence;
(f) the enforcement agency to which the prescribed amount is
payable.
Part 5 Infringement notice offences
Legacy Mines Remediation Regulations 2024 6
(2) The infringement notice must include a statement to the effect of
the following:
(a) the person may expiate the infringement notice offence and
avoid any further action in relation to the offence by paying the
prescribed amount to the specified enforcement agency within
28 days after the notice is given;
(b) the person may elect to have the offence dealt with by a court
by:
(i) completing a statement of election and giving it to the
specified enforcement agency; and
(ii) not paying the prescribed amount;
(c) if the Fines and Penalties (Recovery) Act 2001 applies to the
infringement notice offence – enforcement action may be
taken under that Act if the person does nothing in response to
the notice.
(3) The infringement notice must include an appropriate form for
making the statement of election mentioned in
subregulation (2)(b)(i).
14 Electronic payment and payment by cheque
(1) If the person uses electronic means to pay the prescribed amount,
payment is not effected until the amount is credited to the payee's
bank account.
(2) If the person tenders a cheque in payment of the prescribed
amount, payment is not effected unless the cheque is cleared on
first presentation.
15 Expiation of offence
If the prescribed amount for the infringement notice offence is paid
in accordance with the infringement notice, the alleged offence is
expiated and no further proceedings can be taken in relation to the
offence.
16 Withdrawal of infringement notice
(1) The Chief Executive Officer may withdraw the infringement notice
by written notice given to the person.
Part 5 Infringement notice offences
Legacy Mines Remediation Regulations 2024 7
(2) The notice must be given:
(a) within 28 days after the infringement notice is given to the
person; and
(b) before payment of the prescribed amount.
17 Application of Part
(1) This Part does not prejudice or affect the start or continuation of
proceedings for an infringement notice offence for which an
infringement notice has been given unless the offence is expiated.
(2) This Part does not:
(a) require an infringement notice to be given; or
(b) affect the liability of a person to be prosecuted in a court for an
offence for which an infringement notice has not been given;
or
(c) prevent more than one infringement notice for the same
offence being given to a person.
(3) If more than one infringement notice for the same offence has been
given to a person, the person may expiate the offence by paying
the prescribed amount in accordance with any of the notices.
Schedule Infringement notice offences and prescribed amounts
Legacy Mines Remediation Regulations 2024 8
Schedule Infringement notice offences and prescribed
amounts
regulation 11
Provision of Act Prescribed amount in
penalty units
section 24(5) 2
section 26(4) 10
section 28(2) 5
ENDNOTES
Legacy Mines Remediation Regulations 2024 9
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Legacy Mines Remediation Regulations 2024 (SL No. 10, 2024)
Date made 11 June 2024
Commenced 1 July 2024 (r 2, s 2(1) Legacy Mines Remediation Act 2023
(Act No. 35, 2023, and Gaz G10, 9 May 2024, p 1)