124Regulations

124 Regulations (1) The Governor in Council may make regulations for or with respect to— (a) the rate or method of assessment, and the times of payment, of royalties; and S. 124(1)(aa) inserted by No. 59/2010 s. 49. (aa) methodologies for measuring the net wet specific energy content of lignite; S. 124(1)(ab) inserted by No. 59/2010 s. 49. (ab) the time at which, and the manner in which, lignite may be sampled for the purpose of measuring the net wet specific energy content of lignite; (b) applications for a licence and renewal of a licence; and S. 124(1)(ba) inserted by No. 6/2009 s. 38(1). (ba) applications for an extractive industry work authority and variation of an extractive industry work authority; and S. 124(1)(c) amended by No. 82/2000 s. 70(a). (c) the advertisement of applications for licences; and S. 124(1)(d) substituted by No. 68/2014 s. 61. (d) the manner of surveying the boundaries of land; and S. 124(1)(e) repealed by No. 25/2008 s. 16(2). (f) the information to be contained in a work plan or in a notice of variation of an approved work plan; and (g) applications for a miner's right; and (h) applications for a tourist fossicking authority; and S. 124(1)(i) repealed by No. 59/2010 s. 42(4). (j) the mining register; and (k) prescribing documents that may be registered; and (l) the qualifications of mine managers with respect to the administration of first-aid and the use of explosives; and S. 124(1)(m) repealed by No. 82/2000 s. 70(b), new s. 124(1)(m) inserted by No. 57/2009 s. 32. (m) the method by which the amount of a mine stability levy is determined; and S. 124(1)(n) repealed by No. 82/2000 s. 70(b), new s. 124(1)(n) inserted by No. 57/2009 s. 32. (n) the date by which the mine stability levy or a part of the mine stability levy must be paid; and S. 124(1)(o) repealed by No. 63/2006 s. 54, new s. 124(1)(o) inserted by No. 57/2009 s. 32. (o) the method by which the mine stability levy or a part of the mine stability levy must be paid; and S. 124(1)(oa) inserted by No. 57/2009 s. 32. (oa) the period to which the mine stability levy will relate; and S. 124(1)(ob) inserted by No. 57/2009 s. 32, amended by No. 55/2010 s. 56(2). (ob) prescribing requirements for licensees or holders of extractive industry work authorities that relate to geotechnical or hydrogeological risks to public safety, the environment or infrastructure; and S. 124(1)(oc) inserted by No. 32/2019 s. 47(1). (oc) prescribing in relation to the rehabilitation and closure of mines on declared mine land and the rehabilitation, management and monitoring of registered mine land— (i) the matters to be included in and requirements of declared mine rehabilitation plans; and (ii) the matters to be included in and the process for determining the closure criteria for the closure of a mine on declared mine land; and (iii) the risks to public safety, the environment and infrastructure to be taken into account in determining the closure criteria for the closure of a declared mine including the risks posed by geotechnical, hydrogeological, water quality or hydrological matters; and (iv) the criteria and process for assessing the rehabilitation of declared mine land; and (v) the process for registering declared mine land in the declared mine land register; and (vi) the process and method for determining the amount to be paid to the Minister by a declared mine licensee or for determining payment into the Declared Mine Fund under section 83A; and S. 124(1)(od) inserted by No. 32/2019 s. 47(1). (od) the carrying out of a function or power by the Rehabilitation Authority; and (p) prescribing— (i) infringements for which an infringement notice may be served; and S. 124(1) (p)(ii)(iii) repealed by No. 32/2006 s. 94(Sch. item 33(4)(a)). S. 124(1)(q) amended by No. 32/2006 s. 94(Sch. item 33(4)(b)). (q) the penalties for any infringement; and S. 124(1)(qa) inserted by No. 86/1993 s. 35(1), repealed by No. 55/2010 s. 55. S. 124(1)(qb) inserted by No. 86/1993 s. 35(1), amended by No. 6/2009 s. 38(2). (qb) the health and safety of members of the public in relation to work done under a licence or an extractive industry work authority; S. 124(1)(qc) inserted by No. 86/1993 s. 35(1). (qc) requiring that any information required by the regulations be in the form of, or be supported by, a statutory declaration; (r) the disposal of, or otherwise dealing with, by the Minister of plant that becomes the property of the Crown under section 114; and (s) the information to be furnished to the Minister under section 116(1) and the times at which it must be furnished; and (t) requirements with respect to the disclosure of interests by persons to whom section 118 applies; and (u) applications under clause 2(10) of Schedule 2; and S. 124(1)(v) substituted by No. 82/2000 s. 70(c). (v) requiring the payment of fees for anything done under this Act or the regulations and prescribing those fees; and (w) prescribing forms; and (x) any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) A power conferred by this Act to make regulations may be exercised— (a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and (b) so as to make, with respect to the cases in relation to which the power is exercised— (i) the same provision for all cases in relation to which the power is exercised, or different provisions for different cases or classes of case, or different provisions for the same case or class of case for different purposes; or (ii) any such provision either unconditionally or subject to any specified condition. (3) Regulations made under this Act may be made— (a) so as to apply— (i) at all times or at a specified time; or (ii) throughout the whole of the State or in a specified part of the State; or (iii) as specified in both subparagraphs (i) and (ii); and (b) so as to require a matter affected by the regulations to be— (i) in accordance with a specified standard or specified requirement; or (ii) approved by or to the satisfaction of a specified person or a specified class of persons; or (iii) as specified in both subparagraphs (i) and (ii); and (c) so as to apply, adopt or incorporate (with or without modification) any matter contained in any document as at the time the regulations are made or at any time before then; and (d) so as to confer a discretionary authority or impose a duty on a specified person or a specified class of persons; and (e) so as to provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified; and (f) so as to impose a penalty not exceeding 100 penalty units for a contravention of the regulations and, in the case of a contravention of a continuing nature, a further penalty not exceeding 40 penalty units for each day during which the contravention continues after conviction. S. 124(3A) inserted by No. 86/1993 s. 35(2). (3A) Regulations made under subsection (1)(qa) or (qb) must not be inconsistent with any provision of the **Dangerous Goods Act 1985** or the regulations made under that Act and any regulation made under that subsection that is so inconsistent is, to the extent of the inconsistency, of no effect. S. 124(4) amended by No. 78/2010 s. 24(Sch. 1 item 20.1). (4) Regulations made under this Act may be disallowed in whole or in part by resolution of either House of Parliament. S. 124(5) repealed by No. 78/2010 s. 24(Sch. 1 item 20.2). (6) If, under subsection (4), either House of Parliament disallows a regulation, no regulation which is the same in substance as the disallowed regulation may be made within 6 months after the date of the disallowance, unless the resolution to disallow the regulation has been rescinded by the House of Parliament by which it was passed. (7) Any regulation made in contravention of subsection (6) is void. S. 124(8) inserted by No. 69/2004 s. 56. (8) Regulations made under subsection (1)(v) may— (a) vary according to differences in time, place or circumstance; and (b) provide for different fees for— (i) different activities or classes of activities; or (ii) different cases or classes of cases; or (iii) different modes of providing any service in respect of which those fees apply. S. 124(9)–(12) inserted by No. 32/2019 s. 47(2), repealed by No. 32/2019 s. 48. S. 125 repealed by No. 86/1993 s. 36.