Part 12Miscellaneous

Part 12—Miscellaneous 74—Civil remedies (1) Applications may be made to the ERD Court for 1 or more of the following orders: (a) if 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; (b) if 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; (c) if 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; (d) if 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. (2) An application under this section may be made by the Minister or the Director. (3) The power of the Court to make an order restraining a person from engaging in conduct of a particular kind may be exercised— (a) if 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 (b) if 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. (4) The power of the Court to make an order requiring a person to take specified action may be exercised— (a) if 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 (b) if 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. (5) In assessing an amount to be ordered in the nature of exemplary damages, the Court must have regard to— (a) any undue damage to the environment or detriment to the public interest resulting from the contravention; and (b) any financial saving or other benefit that the respondent stood to gain by committing the contravention; and (c) any other matter it considers relevant. (6) The power to order payment of an amount in the nature of exemplary damages may only be exercised by a judge of the Court. (7) An 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. (8) An 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). (9) If, 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. (10) An interim order— (a) may be made on an application without notice to any person; and (b) may be made whether or not the proceedings have been referred to a conference; and (c) will be made subject to such conditions as the Court thinks fit; and (d) will not operate after the proceedings in which it is made are finally determined. (11) The Court may order an applicant in proceedings under this section— (a) to provide security for the payment of costs that may be awarded against the applicant if the application is subsequently dismissed; or (b) to give an undertaking as to the payment of any amount that may be awarded against the applicant under subsection (12). (12) If, on an application under this section alleging a contravention of this Act, the Court is satisfied— (a) that the respondent has not contravened this Act; and (b) that the respondent has suffered loss or damage as a result of the actions of the applicant; and (c) that in the circumstances it is appropriate to make an order under this provision, the 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. (13) The 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. (14) Proceedings 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. (15) An 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. (16) The 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. 74AA—Enforceable voluntary undertakings (1) The 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. (2) The 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. (3) A person must not contravene an undertaking made by the person that is in effect. Maximum penalty: $50 000. (4) If 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. (5) If 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: (a) an order that the person must comply with the undertaking or take specified action to comply with the undertaking; (b) an order discharging the undertaking; (c) an order directing the person to pay to the Minister— (i) the costs of the proceedings; and (ii) the reasonable costs of the Minister in monitoring compliance with the undertaking in the future; (d) any other order that the Court considers appropriate in the circumstances. (6) A person who has made an undertaking may, at any time, with the written agreement of the Minister— (a) vary the undertaking; or (b) withdraw the undertaking. (7) Subject 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. (8) No 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. (9) The Minister may accept an undertaking in relation to a contravention or alleged contravention before proceedings in respect of that contravention have been finalised. (10) If 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. 74A—Compliance orders (1) If 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)— (a) to stop the operations; and (b) if the operations have resulted in damage to land—to take specified action to rehabilitate the land. (2) Before the Court makes a compliance order it must allow the respondent a reasonable opportunity to be heard on the application. (3) A person against whom a compliance order is made must comply with the order. 75—Provision relating to certain minerals (1) Subject 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. (1a) Subsection (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. (1b) Consent given by an owner of land under subsection (1) is binding on all subsequent owners of the land. (2) Subject 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. (3) Subsection (2) does not apply in relation to authorised operations for the recovery of extractive minerals if— (a) the 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)— (i) after taking into account the nature or scale of the operations; or (ii) because 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 (iii) on any other ground determined by the Minister to be a reasonable basis on which to act under this subsection; and (b) the 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 (c) 1 of the following has occurred: (i) a mineral tenement has been granted in relation to the authorised operations; (ii) the period specified by the Minister under paragraph (b) has expired without the owner of the land making the application envisaged by that paragraph; (iii) an 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. (4) In subsection (2), personal use of minerals does not include use of the minerals by a council. 75A—Avoidance of double compensation In 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. 78—Persons under 16 years of age (1) No person under the age of 16 years is competent to hold a mineral tenement. (2) The 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. 79—Minister may grant exemptions (1) Where the Minister is satisfied that circumstances exist that justify so doing, the Minister may— (a) exempt 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 (b) exempt the holder of a mineral tenement from the obligation to comply with a provision of this Act (except Part 9B). (2) An exemption under this section— (a) may be granted absolutely or on conditions; and (b) shall remain in force for a period determined by the Minister. (3) An exemption may not be granted under this section so as to discriminate against the holders of native title in land. 79A—False or misleading information A 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. 80—Conditions under which land may be simultaneously subject to more than 1 tenement (1) Subject to this section, land shall not be simultaneously subject to more than 1 mineral tenement under this Act. (1b) The 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. (1c) However, the Minister must not grant an exploration licence under subsection (1b) without the written consent of the holder of the prior tenement. (1d) If 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. Maximum penalty: $20 000. (2) Where 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. (2a) Where a mineral tenement and a further claim under subsection (2) would be held— (a) by 1 person; or (b) by related bodies corporate, a consent under that subsection is not effective unless it is given with the approval of the Minister. (3) The 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. (4) The 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. (5) The holder of a mineral tenement must not contravene or fail to comply with an order under subsection (4). Maximum penalty: $5 000. (6) The 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. 81—Additional provisions relating to liability (1) If 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. (2) For 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. 82—Deemed consent or agreement (a) a 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 (b) the owner of the land and the tenement holder (or the applicant for a proposed mineral tenement) are the same person, it 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). (2) A consent or agreement taken to be provided under subsection (1) is binding on all subsequent owners of the land. (3) This section does not apply— (a) in a case where section 80(2a) applies; or (b) in any circumstance prescribed by the regulations. 83A—Licence or other right is not personal property for the purposes of Commonwealth Act A 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. 85—Charge on property if debt due to Crown (1) This 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. (2) A charge on the property to secure payment of the debt to the Crown is created by force of this section. (3) A charge created on property under subsection (2)— (a) has 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 (b) has priority over all other encumbrances; and (c) is not affected by a change in ownership of the property. (4) Section 73(2) of the Personal Property Securities Act 2009 of the Commonwealth applies to the charge. (5) The charge remains in force until the debt is paid in full or otherwise discharged. 86—Removal of machinery etc (1) The owner of any machinery or goods on land— (a) that is within a mineral tenement that has been transferred; or (b) that has ceased to be subject to a mineral tenement, may, 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. (2) The 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. (3) Any machinery or goods seized under subsection (2) are forfeited to the Crown and may be sold by the Minister. (4) Any proceeds from a sale under subsection (3) will be paid to the Treasurer. (5) The 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. (6) An 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). 88—Hindering authorised officers A 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. Maximum penalty: $10 000 or imprisonment for 6 months. 89A—Offences and ERD Court Offences constituted by this Act lie within the criminal jurisdiction of the ERD Court. 89B—Penalties and expiation fees payable into Mining Rehabilitation Fund The following are payable into the Mining Rehabilitation Fund: (a) penalties payable in respect of offences against this Act; (b) expiation fees paid under this Act. 90—Reports and verification of information (1) A 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— (a) the 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 (b) without limiting paragraph (a)— (i) an assessment of the tenement holder's capability to comply with the requirements of this Act; or (ii) the identification, delineation or accuracy of any boundary of a mineral tenement. (2) A 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. (3) A 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. (4) A report must be provided to the Minister within a period specified by the Minister. (5) Any cost associated with a requirement under this section will be borne by the tenement holder. (6) A tenement holder must not fail to comply with a requirement under this section within the period specified by the Minister. (7) If 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. (8) The reasonable costs and expenses incurred by the Minister taking action under subsection (7) constitute a debt due to the Crown. 91—Administrative penalties (1) This section applies to any provision of this Act (or the regulations) at the foot of which the words "Administrative penalty" appear. (2) If 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). (3) The amount of an administrative penalty is an amount (not exceeding $15 000) prescribed by regulation in relation to the relevant provision. (4) An administrative penalty may be recovered as a debt due to the Crown. (4a) An amount recovered as an administrative penalty under this section will be paid into the Mining Rehabilitation Fund. (5) If 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. 92—Regulations (1) The 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— (a) regulate and control the issue of certificates of registration in respect of claims, leases and licences under this Act; and (b) provide for the maintenance and inspection of registers; and (c) regulate, restrict or prohibit operations of any kind upon mineral tenements or mineral tenements relating to land within an area specified in the regulations; and (d) declare equipment of any kind to be declared equipment for the purposes of this Act; and (e) prescribe 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 (f) require 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 (i) provide 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 (k) restrict or prohibit authorised operations that may cause nuisance or inconvenience to persons in the vicinity of the authorised operations; and (l) restrict or prohibit authorised operations that may result in the pollution of any watercourse or water supply or any natural amenities; and (m) regulate the expenditure of money from the Extractive Areas Rehabilitation Fund; and (n) prescribe, and regulate the performance of, the duties of authorised officers, mining registrars and other officers appointed under this Act; and (na) provide for the provision of reports or the requirement to conduct any audit or investigation; and (nb) provide for the service of any notice, direction, order or other document under this Act; and (o) prescribe 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 (p) prescribe any form for the purposes of this Act; and (q) prescribe a penalty, recoverable summarily, not exceeding $20 000 for breach of, or non-compliance with, any regulation; and (r) prescribe an expiation fee, not exceeding $7 500, in respect of any offence against this Act or the regulations. (2) Without limiting subsection (1), the regulations may prescribe, or provide for the imposition of— (a) assessment fees associated with applications under this Act; and (b) annual administration fees to be paid by tenement holders. (3) A regulation prescribing any fees under this Act— (a) may provide for fees based on 1 or more of the following factors: (i) the size of a mineral tenement (or proposed mineral tenement); (ii) capital costs associated with any authorised operations (or proposed authorised operations); (iii) any other factor prescribed by the regulations; and (b) may provide for differential fees. (4) The regulations may adopt, wholly or partially and with or without modification— (a) a code or standard relating to matters in respect of which regulations may be made under this Act; or (b) an amendment to such a code or standard. (5) Any 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. (6) The regulations or a code or standard adopted by the regulations may— (a) refer 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 (b) be of general or limited application; and (c) make different provision according to the persons, things or circumstances to which they are expressed to apply; and (d) provide that any matter or thing is to be determined, dispensed or regulated according to the discretion of the Minister, the Director or a registrar. (7) If— (a) a code or standard is adopted by the regulations; or (b) the regulations, or a code or standard adopted by the regulations, refers to a standard or other document prepared or published by a prescribed body, then— (c) a 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 (d) in 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 (e) the code, standard or other document has effect as if it were a regulation made under this Act. (8) The Governor may, by regulation, make provisions of a saving or transitional nature consequent on the amendment of this Act by another Act. (9) A 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. (10) A 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. (11) To 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— (a) decreasing the person's rights; or (b) imposing liabilities on the person. (12) The 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). Schedule—Transitional provisions 2 A 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. 3 Where 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. 4 A 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. Legislative history Notes • This version is comprised of the following: 25.2.2021 (substituted) Schedule • Amendments of this version that are uncommenced are not incorporated into the text. • Please 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. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For 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. Legislation repealed by principal Act The Mining Act 1971 repealed the following: Mining Act 1930 Mining Act Amendment Act 1941 Mining Act Amendment Act 1945 Mining Act Amendment Act 1946 Mining Act Amendment Act 1950 Mining Act Amendment Act 1951 Mining Act Amendment Act 1953 Mining Act Amendment Act 1955 Mining Act Amendment Act 1958 Mining Act Amendment Act 1962 Legislation amended by principal Act The Mining Act 1971 amended the following: Crown Lands Act 1929 Petroleum Act 1940 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Mining Act 1971 9.12.1971 3.7.1972 (Gazette 29.6.1972 p2689) Mining Act Amendment Act 1972 7.12.1972 25.1.1973 (Gazette 25.1.1973 p274) Mining Act Amendment Act 1973 6.12.1973 6.12.1973 Mining Act Amendment Act 1975 6.3.1975 6.3.1975 Mining Act Amendment Act 1976 16.12.1976 23.12.1976 (Gazette 23.12.1976 p2317) Mining Act Amendment Act (No. 2) 1978 Mining Act Amendment Act 1981 5.11.1981 (Gazette 5.11.1981 p1431) Mining Act Amendment Act 1982 23.12.1982 5.11.1981: s 2 Mining Act Amendment Act 1983 Statute Law Revision Act 1986 20.3.1986 Sch 5—31.7.1986 (Gazette 17.7.1986 p269) Aboriginal Heritage Act 1988 17.3.1988 1.3.1989 (Gazette 9.2.1989 p354) Mining Act Amendment Act 1988 1.12.1988 1.7.1989 (Gazette 29.6.1989 p1755) Mining (Precious Stones Field Ballots) Amendment Act 1993 Statutes Repeal and Amendment (Development) Act 1993 27.5.1993 15.1.1994 (Gazette 27.10.1993 p1889) Mining (Royalties) Amendment Act 1994 27.10.1994 3.11.1994 (Gazette 3.11.1994 p1442) Mining (Special Enterprises) Amendment Act 1995 4.5.1995 1.6.1995 (Gazette 1.6.1995 p2529) Mining (Native Title) Amendment Act 1995 11.5.1995 17.6.1996 (Gazette 9.5.1996 p2440) Opal Mining Act 1995 14.12.1995 21.4.1997 (Gazette 3.4.1997 p1386) Statutes Amendment (Native Title) Act 1998 2.4.1998 Pt 2 (ss 4—8)—21.5.1998 (Gazette 21.5.1998 p2199) Statutes Amendment (Mining Administration) Act 1999 25.2.1999 Pt 2 (ss 4—9)—1.4.1999 (Gazette 25.3.1999 p1462) Electricity Corporations (Restructuring and Disposal) Act 1999 1.7.1999 Sch 4 (cll 20 & 21)—29.7.1999 (Gazette 29.7.1999 p528) Mining (Private Mines) Amendment Act 1999 25.11.1999 1.9.2000 except new s 73G (as inserted by s 6)—1.3.2001 (Gazette 31.8.2000 p970) Offshore Minerals Act 2000 4.5.2000 4.5.2002 (s 7(5) Acts Interpretation Act 1915) Mining (Royalty) Amendment Act 2000 11.5.2000 1.7.2000 (Gazette 29.6.2000 p3414) Statutes Amendment (Extension of Native Title Sunset Clauses) Act 2000 Statutes Amendment (Avoidance of Duplication of Environmental Procedures) Act 2001 17.5.2001 Pt 4 (s 6)—14.6.2001 (Gazette 14.6.2001 p2221) Statutes Amendment (Corporations) Act 2001 14.6.2001 Pt 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) Statutes Amendment (Courts and Judicial Administration) Act 2001 6.12.2001 Pt 9 (ss 20—22)—3.2.2002 (Gazette 24.1.2002 p346) Mining (Miscellaneous) Amendment Act 2003 Pt 2 (ss 4—18) and Sch—12.6.2003 (Gazette 12.6.2003 p2497) River Murray Act 2003 31.7.2003 Sch (cl 12)—24.11.2003 (Gazette 20.11.2003 p4203) Statutes Amendment (Mining) Act 2003 9.10.2003 Pt 3 (s 5)—30.10.2003 (Gazette 23.10.2003 p3879) Statute Law Revision Act 2003 23.10.2003 Sch 1—24.11.2003 (Gazette 13.11.2003 p4048) Natural Resources Management Act 2004 5.8.2004 Sch 4 (cl 22)—2.9.2004 (Gazette 2.9.2004 p3545) Adelaide Dolphin Sanctuary Act 2005 14.4.2005 Sch 2 (cll 31—41)—1.7.2005 (Gazette 2.6.2005 p1684) Mining (Royalty) Amendment Act 2005 2.6.2005 1.1.2006 (Gazette 18.8.2005 p3058) Mining (Royalty No 2) Amendment Act 2005 1.12.2005 1.1.2006: s 2 Statutes Amendment (New Rules of Civil Procedure) Act 2006 6.7.2006 Pt 52 (ss 167—170)—4.9.2006 (Gazette 17.8.2006 p2831) Marine Parks Act 2007 29.11.2007 Sch 1 (cll 30—40)—6.11.2008 (Gazette 6.11.2008 p5055) Petroleum (Miscellaneous) Amendment Act 2009 23.7.2009 Sch 1 (cl 2)—1.10.2009 (Gazette 1.10.2009 p4764) Statutes Amendment (Public Sector Consequential Amendments) Act 2009 10.12.2009 Pt 92 (ss 213 & 214)—1.2.2010 (Gazette 28.1.2010 p320) Mining (Miscellaneous) Amendment Act 2010 18.11.2010 Pt 2 (ss 4—77), Sch 1 (cl 2) & Sch 2—1.7.2011 (Gazette 9.6.2011 p2545) Statutes Amendment (Personal Property Securities) Act 2011 14.4.2011 Pt 17 (s 48)—16.6.2011 (Gazette 16.6.2011 p2610) Mining (Royalties) Amendment Act 2011 1.7.2011: s 2 Mining (Exploration Authorities) Amendment Act 2012 10.5.2012 1.7.2011: s 2 Statutes Amendment (Courts Efficiency Reforms) Act 2012 22.11.2012 Pt 9 (ss 29 & 30)—1.7.2013 (Gazette 16.5.2013 p1541) Mining (Royalties) Amendment Act 2013 21.11.2013 1.7.2013: s 2 Budget Measures Act 2014 2.10.2014 Sch 1 (cll 19—22)—19.6.2014: s 2(3); cll 18 & 23—1.7.2014: s 2(1) Statutes Amendment (Budget 2016) Act 2016 Pt 7 (ss 68—74)—8.12.2016: s 2(1) Statutes Amendment and Repeal (Budget Measures) Act 2018 Pt 11 (s 117)—22.11.2018: s 2(1) Statutes Amendment (Budget Measures) Act 2019 3.10.2019 Pt 2 (ss 4 to 12)—1.1.2020: s 2(2) Statutes Amendment (Mineral Resources) Act 2019 24.10.2019 Pt 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 Landscape South Australia Act 2019 21.11.2019 Sch 5 (cll 47 & 48)—1.7.2020 (Gazette 25.6.2020 p3502) Supreme Court (Court of Appeal) Amendment Act 2019 19.12.2019 Sch 1 (cll 66 & 67)—1.1.2021 (Gazette 10.12.2020 p5638) Statutes Amendment and Repeal (Budget Measures) Act 2021 Pt 8 (s 17)—25.2.2021: s 2(4) Hydrogen and Renewable Energy Act 2023 23.11.2023 Sch 1 (cll 1 to 3)—11.7.2024 (Gazette 11.7.2024 p2114) Public Holidays Act 2023 7.12.2023 Sch 1 (cl 15)—1.1.2024: s 2 Statutes Amendment (Budget Measures) Act 2025 Pt 3 (ss 5, 6 & 8)—1.7.2024: s 2(3); s 7—13.2.2025: s 2(1) Biodiversity Act 2025 26.6.2025 Sch 5 (cl 51)—uncommenced Provisions amended since 3 February 1976 • Legislative 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. • Certain 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. New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title Pt 1 s 2 deleted by 44/2003 s 3(1) (Sch 1) s 3 s 4 amended by 51/1978 s 3 amended by 71/1981 s 3 s 5 s 5(1), (2), (6) and (8)—see Sch s 5(3)—(5), (7), (9)—(11) s 6 s 6(1) s 6 redesignated as s 6(1) by 71/1981 s 4(i) Adelaide Dolphin Sanctuary inserted by 5/2005 Sch 2 (cl 31(1)) advanced exploration operations inserted by 29/2019 s 4(1) ancillary operations inserted by 29/2019 s 4(1) the appropriate court inserted by 86/1988 s 3(a) deleted by 43/1995 s 3(a) appropriate court inserted by 43/1995 s 3(a) amended by 69/2001 s 20(a) amended by 21/2010 s 4(1) authorised officer inserted by 21/2010 s 4(2) authorised operations inserted by 29/2019 s 4(2) authorised person inserted by 105/1976 s 3(a) deleted by 21/2010 s 4(2) baseline business day inserted by 29/2019 s 4(3) Crown lands deleted by 29/2019 s 4(4) council substituted by 21/2010 Sch 2 declared equipment substituted by 43/1995 s 3(b) amended by 21/2010 s 4(3) director inserted by 29/2019 s 4(5) the Director of Mines or the Director substituted by 51/1978 s 4(e) environment inserted by 21/2010 s 4(4) ERD Court inserted by 43/1995 s 3(c) exempt land inserted by 71/1981 s 4(a) amended by 29/2019 s 4(6) exploration authority inserted by 43/1995 s 3(d) amended by 102/1995 Sch 2 cl 2(a) (a) deleted by 21/2010 s 4(5) amended by 11/2012 s 4 amended by 29/2019 s 4(7) exploring inserted by 71/1981 s 4(a) deleted by 29/2019 s 4(8) exploring or exploration operations inserted by 29/2019 s 4(8) extractive minerals substituted by 51/1978 s 4(a) amended by 29/2019 s 4(9) fossicking inserted by 51/1978 s 4(a) substituted by 71/1981 s 4(b) inspector deleted by 21/2010 s 4(6) the Land and Valuation Court deleted by 45/2019 Sch 1 cl 66 low impact exploration operations inserted by 29/2019 s 4(10) machinery inserted by 71/1981 s 4(c) marine park inserted by 60/2007 Sch 1 cl 30(1) mineral tenement inserted by 29/2019 s 4(11) minerals amended by 105/1976 s 3(b), (c) amended by 71/1981 s 4(d) amended by 35/2009 Sch 1 cl 2 1.10.2009 amended by 29/2019 s 4(12), (13) mining or mining operations amended by 51/1978 s 4(b) amended by 71/1981 s 4(e) amended by 12/2003 s 4 substituted by 21/2010 s 4(7) amended by 29/2019 s 4(14) mining operator substituted by 21/2010 s 4(8) deleted by 29/2019 s 4(15) mining register inserted by 1/1999 s 4 Mining Register redesignated as mining register under Legislation Revision and Publication Act 2002 a mining registrar inserted by 14/1986 s 3(1) (Sch 5) substituted by 102/1995 Sch 2 cl 2(b) the Mining Registrar inserted by 14/1986 s 3(1) (Sch 5) substituted by 102/1995 Sch 2 cl 2(b) mining tenement amended by 105/1976 s 3(d) deleted by 29/2019 s 4(16) Mining Rehabilitation Fund or fund inserted by 29/2019 s 4(16) Minister for the Adelaide Dolphin Sanctuary inserted by 5/2005 Sch 2 (cl 31(2)) deleted by 60/2007 Sch 1 cl 30(2) Minister for the River Murray inserted by 35/2003 Sch cl 12(a) deleted by 60/2007 Sch 1 cl 30(2) Murray-Darling Basin inserted by 35/2003 Sch cl 12(a) substituted by 21/2010 Sch 2 native title native title holder native title land native title mining determination amended by 29/2019 s 4(17) opal development area inserted by 102/1995 Sch 2 cl 2(c) owner substituted by 86/1988 s 3(b) substituted by 43/1995 s 3(f) amended by 37/2023 Sch 1 cl 1 precious stones substituted by 102/1995 Sch 2 cl 2(d) precious stones field amended by 105/1976 s 3(e) amended by 51/1978 s 4(c) substituted by 71/1981 s 4(f) substituted by 102/1995 Sch 2 cl 2(d) prescribed notice of entry inserted by 43/1995 s 3(g) deleted by 29/2019 s 4(18) private mine inserted by 29/2019 s 4(18) production tenement inserted by 43/1995 s 3(g) (a) deleted by 102/1995 Sch 2 cl 2(e) amended by 29/2019 s 4(19), (20) proprietor substituted by 73/1999 s 3 prospecting or to prospect deleted by 71/1981 s 4(g) prospecting inserted by 71/1981 s 4(g) radioactive material inserted by 51/1978 s 4(d) radioactive mineral deleted by 29/2019 s 4(21) registered representative inserted by 43/1995 s 3(h) related body corporate inserted by 24/2019 s 4 insertion by 29/2019 s 4(22) is of no effect due to existing definition registrar or mining registrar relevant Act inserted by 60/2007 Sch 1 cl 30(3) deleted by 29/2019 s 4(22) relevant Minister inserted by 60/2007 Sch 1 cl 30(3) River Murray Protection Area inserted by 35/2003 Sch cl 12(b) royalty assessment principles inserted by 29/2019 s 4(23) senior warden inserted by 29/2019 s 4(23) specially protected area inserted by 60/2007 Sch 1 cl 30(4) subsurface stratum inserted by 71/1981 s 4(h) surface stratum inserted by 71/1981 s 4(h) tenement holder or holder inserted by 29/2019 s 4(24) warden amended by 105/1976 s 3(f) substituted by 50/1983 s 2 substituted by 69/2001 s 20(b) s 6(1a) inserted by 29/2019 s 4(25) s 6(2) inserted by 71/1981 s 4(i) s 6(3) inserted by 43/1995 s 3(i) s 6(4) s 6(5) amended by 29/2019 s 4(26) s 6(6) s 6(7)—(9) inserted by 29/2019 s 4(27) s 7 s 7(1) s 7 redesignated as s 7(1) by 71/1981 s 5 s 7(2) inserted by 71/1981 s 5 substituted by 86/1988 s 4 substituted by 29/2019 s 5(1) s 7(2a) and (2b) inserted by 29/2019 s 5(1) s 7(3) inserted by 102/1995 Sch 2 cl 3 amended by 29/2019 s 5(2) s 8 s 8(1) amended by 51/1978 s 5 amended by 71/1981 s 6(a) amended by 11/2000 Sch 2 (b) deleted by 102/1995 Sch 2 cl 4 s 8(3) inserted by 71/1981 s 6(b) s 8(4) amended by 29/2019 s 6(1) s 8(5) s 8(6) amended by 29/2019 s 6(2) s 8(7) inserted by 29/2019 s 6(3) s 8A inserted by 102/1995 Sch 2 cl 5 s 8A(2) amended by 21/2010 s 5 amended by 29/2019 s 7 s 9 s 9(1) amended by 105/1976 s 4 amended by 51/1978 s 6 amended by 86/1988 s 5(a) amended by 43/1995 s 4(a) amended by 102/1995 Sch 2 cl 6 amended by 21/2010 s 6(1), (2) amended by 29/2019 s 8(1)—(7) amended by 37/2023 Sch 1 cl 2 s 9(2) amended by 29/2019 s 8(8), (9) s 9(3) substituted by 71/1981 s 7 amended by 97/1982 s 3(a) amended by 86/1988 s 5(b) deleted by 21/2010 s 6(3) s 9(3a) inserted by 71/1981 s 7 amended by 86/1988 s 5(c) deleted by 21/2010 s 6(3) s 9(3b) inserted by 97/1982 s 3(b) amended by 43/1995 s 4(b) amended by 21/2010 s 6(4), (5) substituted by 29/2019 s 8(10) s 9(3c) inserted by 97/1982 s 3(b) deleted by 21/2010 s 6(6) s 9(4) amended by 29/2019 s 8(11) s 9(5) inserted by 86/1988 s 5(d) mining operations deleted by 29/2019 s 8(12) Minister of Public Works prescribed amount prescribed distance s 9AA inserted by 21/2010 s 7 s 9AA(1) substituted by 29/2019 s 9(1) s 9AA(1a) inserted by 29/2019 s 9(1) s 9AA(2) amended by 29/2019 s 9(2) s 9AA(3) amended by 29/2019 s 9(3) s 9AA(4) substituted by 29/2019 s 9(4) s 9AA(5) deleted by 29/2019 s 9(5) s 9AA(6) amended by 29/2019 s 9(6) s 9AA(7) substituted by 29/2019 s 9(7) s 9AA(8) amended by 29/2019 s 9(8)—(11) s 9AA(8a) inserted by 29/2019 s 9(12) s 9AA(9) substituted by 29/2019 s 9(13) s 9AA(10) amended by 29/2019 s 9(14)—(18) s 9AA(11) and (12) substituted by 29/2019 s 9(19) s 9AA(13) amended by 29/2019 s 9(20) s 9AA(14) substituted by 29/2019 s 9(21) s 9AA(14a)—(14c) inserted by 29/2019 s 9(21) s 9AA(15) business day amended by 39/2023 Sch 1 cl 15 1.1.2024 cooling-off period amended by 29/2019 s 9(22) mining operations deleted by 29/2019 s 9(23) designated day inserted by 29/2019 s 9(23) relevant consultation period inserted by 29/2019 s 9(23) s 9A inserted by 21/2010 s 7 s 9A(4) amended by 29/2019 s 10(1)—(6) s 9A(6) amended by 29/2019 s 10(7) s 9A(7) amended by 29/2019 s 10(8) s 10A before deletion by 29/2019 inserted by 51/1978 s 7 s 10A(1) amended by 71/1981 s 8 s 10A deleted by 29/2019 s 11 s 10B inserted by 34/2004 Sch 4 cl 22 2.9.2004 substituted by 5/2005 Sch 2 (cl 32) substituted by 60/2007 Sch 1 cl 31 amended by 33/2019 Sch 5 cl 47 amended by 29/2019 s 12 Pt 2 s 11 substituted by 14/1986 s 3(1) (Sch 5) s 12 substituted by 3/1993 s 2 s 12(1) substituted by 29/2019 s 13(1) s 12(1a) inserted by 57/2016 s 68 s 12(2) substituted by 29/2019 s 13(2) s 12(2a) inserted by 29/2019 s 13(2) s 12(3) amended by 29/2019 s 13(3) s 13 before substitution by 84/2009 substituted by 50/1983 s 3 substituted by 14/1986 s 3(1) (Sch 5) s 13(3)—(7) inserted by 102/1995 Sch 2 cl 7 s 13 substituted by 84/2009 s 213 s 13(3a) inserted by 29/2019 s 14 s 13(4) substituted by 29/2019 s 14 s 14 amended by 73/1999 s 7 (Sch 1 cl 1) deleted by 39/2003 s 5 30.10.2003 s 14A s 14B amended by 29/2019 s 15(1)—(3) s 14C s 14C(1) amended by 29/2019 s 16(1), (2) s 14C(4)—(6) inserted by 29/2019 s 16(3) s 14D s 14D(2) amended by 29/2019 s 17(1) s 14D(4) amended by 29/2019 s 17(2) s 14D(5) and (6) inserted by 29/2019 s 17(3) s 14E s 14E(1) amended by 29/2019 s 18(1) s 14E(3) substituted by 29/2019 s 18(2) s 14F ss 14G and 14H inserted by 29/2019 s 19 s 15 s 15(2) substituted by 43/1995 s 5 substituted by 12/2003 s 5(1) s 15(3) amended by 73/1999 s 7 (Sch 1 cl 2) amended by 21/2010 s 9 amended by 29/2019 s 20(1) s 15(5)—(7) inserted by 12/2003 s 5(2) s 15(7) inserted by 12/2003 s 5(2) amended by 29/2019 s 20(2) s 15A before deletion by 29/2019 inserted by 105/1976 s 5 s 15A(1) amended by 102/1995 Sch 2 cl 8(a) (a) deleted by 21/2010 s 10 s 15A(2) amended by 1/1999 s 5 s 15A(3) inserted by 102/1995 Sch 2 cl 8(b) s 15A deleted by 29/2019 s 21 Pt 2A inserted by 29/2019 s 22 Pt 3 s 16 s 16(2) amended by 11/2000 Sch 2 s 17 before substitution by 61/2005 s 17(2) amended by 60/1994 s 3 3.11.1994 substituted by 17/2005 s 4(1) s 17(3) s 17(4) amended by 71/1981 s 9(a) s 17(4a)—(4d) inserted by 13/2000 s 3(a) s 17(5) amended by 73/1999 s 4(a) s 17(6) amended by 43/1995 s 6 amended by 13/2000 s 3(b) amended by 73/1999 s 4(b) s 17(7) amended by 43/1995 s 6 s 17(8) amended by 36/1999 Sch 4 (cl 21) 29.7.1999 amended by 17/2005 s 4(2) s 17(10) substituted by 102/1995 Sch 2 cl 9 s 17(11) inserted by 71/1981 s 9(b) s 17(12)—(16) inserted by 13/2000 s 3(c) s 17 substituted by 61/2005 s 4 s 17(1) amended by 57/2016 s 69(1) substituted by 29/2019 s 23(1) s 17(1a) inserted by 29/2019 s 23(1) s 17(4) amended by 20/2011 s 4(1) amended by 11/2014 Sch 1 cl 18 1.7.2014 s 17(5) substituted by 4/2025 s 5(1) s 17(6) amended by 57/2016 s 69(2) substituted by 4/2025 s 5(1) s 17(7) amended by 29/2019 s 23(3) amended by 4/2025 s 5(2) s 17(8) substituted by 29/2019 s 23(4) s 17(8a) inserted by 29/2019 s 23(4) s 17(9) amended by 57/2016 s 69(3) amended by 29/2019 s 23(5) s 17(10) amended by 57/2016 s 69(4) amended by 29/2019 s 23(6) s 17(12) amended by 29/2019 s 23(7) s 17(13) inserted by 20/2011 s 4(2) amended by 57/2016 s 69(5) s 17(14) inserted by 20/2011 s 4(2) amended by 57/2016 s 69(6) s 17A s 17A(1) amended by 57/2016 s 70(1) s 17A(1a) inserted by 35/2018 s 117(1) s 17A(2) amended by 20/2011 s 5(1), (2) amended by 35/2018 s 117(2) s 17A(2a) inserted by 35/2018 s 117(3) s 17A(3) amended by 57/2016 s 70(2) s 17A(4) amended by 57/2016 s 70(3) s 17A(5) amended by 57/2016 s 70(4) s 17A(6) amended by 57/2016 s 70(5) amended by 29/2019 s 24(1), (2) ss 17AB and 17AC inserted by 29/2019 s 25 s 17B before substitution by 29/2019 s 17B(1) amended by 57/2016 s 71(1) s 17B(2) amended by 57/2016 s 71(2) s 17B(3) amended by 57/2016 s 71(3) s 17B(5) amended by 57/2016 s 71(4) s 17B substituted by 29/2019 s 26 s 17B(1) amended by 4/2025 s 6 s 17C s 17CA inserted by 29/2019 s 27 s 17D s 17D(1) amended by 57/2016 s 72(1) amended by 29/2019 s 28(1)—(3) s 17D(1a) inserted by 67/2013 s 4 amended by 29/2019 s 28(4) s 17D(2) amended by 29/2019 s 28(5), (6) s 17D(3) amended by 57/2016 s 72(2) s 17D(4) deleted by 29/2019 s 28(7) s 17DA inserted by 67/2013 s 5 s 17DA(1) designated mining operator deleted by 29/2019 s 29(1) designated tenement holder inserted by 29/2019 s 29(1) s 17DA(2) amended by 57/2016 s 73(1) substituted by 29/2019 s 29(2) s 17DA(3) amended by 57/2016 s 73(2) amended by 29/2019 s 29(3) s 17DA(4) amended by 57/2016 s 73(3) amended by 29/2019 s 29(4) s 17DA(5) amended by 29/2019 s 29(5) s 17DA(6) amended by 57/2016 s 73(4) amended by 29/2019 s 29(6) s 17DA(7) amended by 57/2016 s 73(5) s 17DA(9) amended by 57/2016 s 73(6), (7) amended by 29/2019 s 29(7) s 17DA(10) amended by 57/2016 s 73(8), (9) amended by 29/2019 s 29(8) s 17E s 17E(1) amended by 11/2014 Sch 1 cl 19 amended by 29/2019 s 30(1) s 17E(2) amended by 57/2016 s 74 s 17E(4) amended by 29/2019 s 30(2) CLRR deleted by 29/2019 s 30(3) MR inserted by 29/2019 s 30(3) s 17F amended by 20/2011 s 6 s 17G s 18 substituted by 29/2019 s 31 s 19 amended by 86/1988 s 6 amended by 43/1995 s 7 amended by 23/1998 s 4 deleted by 73/1999 s 5 Pt 4 s 20 before substitution by 21/2010 s 20(4) inserted by 105/1976 s 6 s 20(5) inserted by 105/1976 s 6 amended by 73/1999 s 7 (Sch 1 cl 3) s 20(6) inserted by 71/1981 s 10 s 20 substituted by 21/2010 s 11 s 20(2) amended by 29/2019 s 32 s 21 before substitution by 21/2010 s 21(1) s 21 amended and redesignated as s 21(1) by 105/1976 s 7 amended by 51/1978 s 8(a) s 21(2) inserted by 105/1976 s 7(b) amended by 51/1978 s 8(b) s 21 substituted by 21/2010 s 11 s 21(2) and (3) substituted by 29/2019 s 33(1) s 21(6) amended by 29/2019 s 33(2) s 21(7) amended by 29/2019 s 33(3), (4) s 21(8) amended by 29/2019 s 33(5), (6) s 21(9) amended by 29/2019 s 33(7) s 22 before deletion by 21/2010 s 22(1) amended by 102/1995 Sch 2 cl 10 s 22(1a) and (1b) inserted by 71/1981 s 11(a) s 22(3) substituted by 71/1981 s 11(b) s 22 deleted by 21/2010 s 11 s 23 s 23(2) substituted by 21/2010 s 12 s 24 s 24(1) s 24(2) deleted by 105/1976 s 8 s 24(4) amended by 71/1981 s 12(a) substituted by 43/1995 s 8 s 24(4a) inserted by 71/1981 s 12(b) substituted by 43/1995 s 8 s 24 substituted by 21/2010 s 13 s 24A inserted by 21/2010 s 13 s 25 s 25(1) substituted by 71/1981 s 13 s 25(2) substituted by 105/1976 s 9 amended by 73/1999 s 7 (Sch 1 cl 4) amended by 21/2010 s 14 s 25(3) substituted by 29/2019 s 34 s 25(4) deleted by 102/1995 Sch 2 cl 11 s 26 s 26(2) amended by 71/1981 s 14(a) s 26(3) inserted by 51/1978 s 9 amended by 71/1981 s 14(b) s 26(4) inserted by 71/1981 s 14(c) deleted by 29/2019 s 35 s 27 amended by 105/1976 s 10 substituted by 51/1978 s 10 amended by 71/1981 s 15 amended by 21/2010 s 15(1), (2) s 27(1) s 27 amended and redesignated as s 27(1) by 29/2019 s 36(1)—(4) s 27(2) and (3) inserted by 29/2019 s 36(4) Pt 5 s 28 before substitution by 29/2019 s 28(1) and (2) s 28(2a) inserted by 102/1995 Sch 2 cl 12(a) s 28(3) amended by 102/1995 Sch 2 cl 12(b) s 28(4) deleted by 12/2003 s 6(1) s 28(4a) inserted by 102/1995 Sch 2 cl 12(c) deleted by 12/2003 s 6(1) s 28(5) deleted by 105/1976 s 11 inserted by 71/1981 s 16 substituted by 43/1995 s 9 s 28(6) deleted by 12/2003 s 6(2) s 28(7) inserted by 102/1995 Sch 2 cl 12(d) deleted by 21/2010 s 16 s 28(8) inserted by 35/2003 Sch cl 12(c) s 28(9) and (10) inserted by 35/2003 Sch cl 12(c) substituted by 60/2007 Sch 1 cl 32 s 28(11) and (12) inserted by 5/2005 Sch 2 (cl 33) deleted by 60/2007 Sch 1 cl 32 s 29 before substitution by 29/2019 s 29(1) amended by 12/2003 s 7 s 29(1a) inserted by 21/2010 s 17(1) s 29(2) amended by 71/1981 s 17 s 29(4)—(10) inserted by 21/2010 s 17(2) ss 28 and 29 substituted by 29/2019 s 37 ss 29A and 29B inserted by 29/2019 s 37 s 30 s 30(1) amended by 71/1981 s 18(a), (b) (c) deleted by 71/1981 s 18(b) amended by 29/2019 s 38(1) s 30(2) amended by 105/1976 s 12 amended by 71/1981 s 18(c) amended by 21/2010 s 18(1), (2) (c) deleted by 21/2010 s 18(2) amended by 29/2019 s 38(2) s 30(3) amended by 71/1981 s 18(d) deleted by 29/2019 s 38(3) s 30(4)—(7) inserted by 21/2010 s 18(3) s 30(8) inserted by 21/2010 s 18(3) deleted by 29/2019 s 38(4) s 30AAA inserted by 29/2019 s 39 s 30AA inserted by 12/2003 s 8 s 30AA(3)—(11) inserted by 29/2019 s 40 s 30A inserted by 71/1981 s 19 substituted by 43/1995 s 10 s 30A(1) amended by 29/2019 s 41(1) s 30A(2) amended by 29/2019 s 41(2), (3) s 30A(3) amended by 29/2019 s 41(4) s 30A(4) amended by 12/2003 s 9(1) substituted by 29/2019 s 41(5) s 30A(4a) inserted by 12/2003 s 9(2) substituted by 29/2019 s 41(5) s 30A(6) substituted by 21/2010 s 19 s 30A(6a) inserted by 21/2010 s 19 deleted by 29/2019 s 41(6) s 30A(7) and (8) inserted by 35/2003 Sch cl 12(d) substituted by 60/2007 Sch 1 cl 33 substituted by 29/2019 s 41(6) s 30A(9) inserted by 5/2005 Sch 2 (cl 34) deleted by 60/2007 Sch 1 cl 33 inserted by 29/2019 s 41(6) s 30A(10)—(13) inserted by 29/2019 s 41(6) s 30AB before substitution by 29/2019 inserted by 12/2003 s 10 s 30AB(1a) and (1b) inserted by 21/2010 s 20 s 30AB substituted by 29/2019 s 42 s 31 s 31(1a) inserted by 1/1999 s 6 s 31(3) inserted by 29/2019 s 43 s 32 before deletion by 29/2019 s 32(1) amended by 73/1999 s 7 (Sch 1 cl 5(a)) amended by 21/2010 s 21(1), (2) s 32(2) amended by 73/1999 s 7 (Sch 1 cl 5(b)) amended by 21/2010 s 21(3) s 32 deleted by 29/2019 s 44 s 33 before deletion by 29/2019 s 33(2) amended by 43/1995 s 11 s 33(3) deleted by 71/1981 s 20(a) s 33(3) and (3a) inserted by 21/2010 s 22 s 33(4) s 33(5) amended by 43/1995 s 11 s 33(7) s 33(8) deleted by 71/1981 s 20(b) s 33 deleted by 29/2019 s 44 s 33A inserted by 12/2003 s 11 s 33B inserted by 29/2019 s 45 Pt 6 s 34 before substitution by 29/2019 s 34(1) amended by 71/1981 s 21(a) amended by 43/1995 s 12 substituted by 1/1999 s 7 s 34(1a) and (1b) inserted by 71/1981 s 21(b) s 34(2) substituted by 71/1981 s 21(c) deleted by 54/1993 s 10(a) s 34(5) substituted by 71/1981 s 21(d) s 34(6) amended by 105/1976 s 13 amended by 71/1981 s 21(e) amended by 21/2010 s 23(1) (c) deleted by 21/2010 s 23(1) s 34(8)—(13) inserted by 21/2010 s 23(2) s 34 s 35 before substitution by 29/2019 s 35(1) substituted by 71/1981 s 22(a) substituted by 21/2010 s 24 s 35(2a) inserted by 35/2003 Sch cl 12(e) s 35(2b) and (2c) inserted by 35/2003 Sch cl 12(e) substituted by 60/2007 Sch 1 cl 34 s 35(2d) and (2e) inserted by 5/2005 Sch 2 (cl 35) deleted by 60/2007 Sch 1 cl 34 s 35(3) inserted by 71/1981 s 22(b) s 35 s 35A before deletion by 29/2019 inserted by 71/1981 s 23 s 35A(1) substituted by 54/1993 s 10(b) amended by 21/2010 s 25(1) s 35A(1a) inserted by 54/1993 s 10(b) substituted by 43/1995 s 13 s 35A(4) inserted by 21/2010 s 25(2) s 35A deleted by 29/2019 s 46 s 35B before deletion by 29/2019 inserted by 21/2010 s 26 s 35B deleted by 29/2019 s 46 s 36 s 37 before substitution by 29/2019 s 37(2) amended by 43/1995 s 14 s 37(3) and (4) deleted by 105/1976 s 14 s 37 s 38 s 38(1) amended by 29/2019 s 47(1) s 38(2) amended by 105/1976 s 15(a) amended by 71/1981 s 24 s 38(3) amended by 105/1976 s 15(b) amended by 21/2010 s 27(1) s 38(4) inserted by 43/1995 s 15 substituted by 21/2010 s 27(2) s 38(5) and (6) inserted by 35/2003 Sch cl 12(f) substituted by 60/2007 Sch 1 cl 35 s 38(7) inserted by 5/2005 Sch 2 (cl 36) deleted by 60/2007 Sch 1 cl 35 s 39 before deletion by 29/2019 s 39(1) s 39 amended by 71/1981 s 25 s 39 redesignated as s 39(1) by 21/2010 s 28 s 39(2)—(8) inserted by 21/2010 s 28 s 39 s 40 before deletion by 29/2019 s 40(2) substituted by 43/1995 s 16 amended by 24/2019 s 5(1) s 40(3) and (4) inserted by 43/1995 s 16 s 40(5) inserted by 24/2019 s 5(2) s 40 s 41 before deletion by 29/2019 deleted by 71/1981 s 26 inserted by 41/1995 s 3 s 41(4) and (5) inserted by 21/2010 s 29 s 41 Pt 6A before deletion by 29/2019 inserted by 51/1978 s 11 s 41A s 41A(1) amended by 71/1981 s 27(a) amended by 43/1995 s 17 s 41A(1a) inserted by 71/1981 s 27(b) s 41A(3) deleted by 21/2010 s 30(1) s 41A(3a) inserted by 35/2003 Sch cl 12(g) s 41A(3b) and (3c) inserted by 35/2003 Sch cl 12(g) substituted by 60/2007 Sch 1 cl 36 s 41A(3d) and (3e) inserted by 5/2005 Sch 2 (cl 37) deleted by 60/2007 Sch 1 cl 36 s 41A(5) amended by 71/1981 s 27(c) amended by 21/2010 s 30(2) (c) deleted by 21/2010 s 30(2) s 41A(6)—(10) inserted by 21/2010 s 30(3) s 41B s 41B(1) amended by 21/2010 s 31 s 41BA inserted by 21/2010 s 32 s 41C s 41C(2) amended by 43/1995 s 18 s 41D substituted by 71/1981 s 28 s 41D(2) amended by 21/2010 s 33(1) s 41D(4) inserted by 43/1995 s 19 substituted by 21/2010 s 33(2) s 41D(5) and (6) inserted by 35/2003 Sch cl 12(h) substituted by 60/2007 Sch 1 cl 37 s 41D(7) inserted by 5/2005 Sch 2 (cl 38) deleted by 60/2007 Sch 1 cl 37 s 41E s 41E(2) substituted by 43/1995 s 20 amended by 24/2019 s 6(1) s 41E(3) and (4) inserted by 43/1995 s 20 s 41E(5) inserted by 24/2019 s 6(2) s 41F substituted by 71/1981 s 29 Pt 6A deleted by 29/2019 s 49 Pt 7 amended by 105/1976 ss 16—21 amended by 51/1978 ss 12, 13 amended by 71/1981 ss 30—36 amended by 86/1988 ss 7—9 amended by 3/1993 s 3 amended by 43/1995 ss 21, 22 deleted by 102/1995 Sch 2 cl 13 substituted by 29/2019 s 49 Pt 8 before substitution by 29/2019 s 52 s 52(2) substituted by 51/1978 s 14 deleted by 86/1988 s 10(a) s 52(3) substituted by 51/1978 s 14 amended by 21/2010 s 34(1) s 52(3a) inserted by 35/2003 Sch cl 12(i) s 52(3b) and (3c) inserted by 35/2003 Sch cl 12(i) substituted by 60/2007 Sch 1 cl 38 s 52(3d) and (3e) inserted by 5/2005 Sch 2 (cl 39) deleted by 60/2007 Sch 1 cl 38 s 52(4) amended by 105/1976 s 22 amended by 71/1981 s 37 amended by 21/2010 s 34(2) (c) deleted by 21/2010 s 34(2) s 52(4a)—(4f) inserted by 21/2010 s 34(3) s 52(5) and (6) inserted by 86/1988 s 10(b) s 52(7) inserted by 86/1988 s 10(b) substituted by 43/1995 s 23 amended by 24/2019 s 7(1) s 52(8) and (9) inserted by 43/1995 s 23 s 52(10) inserted by 24/2019 s 7(2) s 53 substituted by 86/1988 s 11 s 53(1) substituted by 21/2010 s 35 s 53(2) substituted by 54/1993 s 10(c) s 53(4) amended by 54/1993 s 10(d) (ab) deleted by 43/1995 s 24 s 53(5) amended by 54/1993 s 10(e) s 54 s 54(1) s 54 amended by 43/1995 s 25 s 54 redesignated as s 54(1) by 21/2010 s 36 s 54(2) and (3) inserted by 21/2010 s 36 s 55 s 55(2) amended by 105/1976 s 23(a) s 55(3) amended by 105/1976 s 23(b) s 55(4) inserted by 43/1995 s 26 substituted by 21/2010 s 37 s 55(5) and (6) inserted by 35/2003 Sch cl 12(j) substituted by 60/2007 Sch 1 cl 39 s 55(7) inserted by 5/2005 Sch 2 (cl 40) deleted by 60/2007 Sch 1 cl 39 s 56 s 56(1) s 56 redesignated as s 56(1) by 41/1995 s 4 s 56(2) and (3) inserted by 41/1995 s 4 s 56(4) and (5) inserted by 21/2010 s 38 Pt 8 substituted by 29/2019 s 49 Pt 8A inserted by 41/1995 s 5 s 56B substituted by 29/2019 s 50 s 56BA and 56BB inserted by 29/2019 s 50 s 56C s 56C(2) substituted by 29/2019 s 51(1) s 56C(7) amended by 73/1999 s 7 (Sch 1 cl 6) amended by 29/2019 s 51(2) s 56D s 56D(1) amended by 29/2019 s 52(1) s 56D(2) amended by 29/2019 s 52(1), (2) Pt 8B inserted by 29/2019 s 53 s 56M s 56M(4) amended by 4/2025 s 7(1) s 56M(5) substituted by 5/2021 s 17 s 56M(6) amended by 4/2025 s 7(2) s 56M(9a)—(9d) inserted by 4/2025 s 7(3) s 56M(11) inserted by 4/2025 s 7(4) Pt 9 s 57 amended by 71/1981 s 38 substituted by 86/1988 s 12 amended by 21/2010 s 39 amended by 29/2019 s 54(1)—(3) s 58 amended by 105/1976 s 24 amended by 71/1981 s 39 substituted by 43/1995 s 27 substituted by 12/2003 s 12 amended by 29/2019 s 55(1)—(6) s 58A before substitution by 29/2019 inserted by 71/1981 s 40 substituted by 43/1995 s 27 s 58A(2a) inserted by 21/2010 s 40(1) s 58A(3) amended by 21/2010 s 40(2) s 58A(6) amended by 73/1999 s 7 (Sch 1 cl 7) amended by 21/2010 s 40(3) s 58A(7) amended by 12/2003 s 13 s 58A(8) and (9) inserted by 21/2010 s 40(4) s 58A substituted by 29/2019 s 56 s 58A(9) substituted by 37/2023 Sch 1 cl 3 s 59 before deletion by 29/2019 s 59(1) substituted by 51/1978 s 15(a) amended by 71/1981 s 41(a), (b) amended by 102/1995 Sch 2 cl 14(a) amended by 73/1999 s 7 (Sch 1 cl 8(a)) (b) deleted by 102/1995 Sch 2 cl 14(b) (b) inserted by 21/2010 s 41(1) amended by 21/2010 s 41(2) s 59(1aaa) inserted by 21/2010 s 41(3) s 59(1a) inserted by 51/1978 s 15(a) s 59(1aa) inserted by 35/2003 Sch cl 12(k) s 59(1ab) and (1ac) inserted by 35/2003 Sch cl 12(k) substituted by 60/2007 Sch 1 cl 40 s 59(1ad) and (1ae) inserted by 5/2005 Sch 2 (cl 41) deleted by 60/2007 Sch 1 cl 40 s 59(1b) inserted by 71/1981 s 41(c) amended by 102/1995 Sch 2 cl 14(c) amended by 73/1999 s 7 (Sch 1 cl 8(b)) amended by 21/2010 s 41(4), (5) s 59(2) amended by 71/1981 s 41(d) amended by 21/2010 s 41(6) s 59(2a) inserted by 21/2010 s 41(7) s 59(6) amended by 43/1995 s 28(a) s 59(7) amended by 73/1999 s 7 (Sch 1 cl 8(c), (d)) amended by 21/2010 s 41(8), (9) s 59(8) amended by 51/1978 s 15(b) amended by 71/1981 s 41(e) substituted by 43/1995 s 28(b) amended by 21/2010 s 41(10) s 59(9) inserted by 21/2010 s 41(11) s 59 deleted by 29/2019 s 57 s 60 s 60(1) amended by 105/1976 s 25 amended by 71/1981 s 42(a) substituted by 43/1995 s 29 s 60(2) amended by 73/1999 s 7 (Sch 1 cl 9) s 60(5) deleted by 71/1981 s 42(b) s 60 deleted by 21/2010 s 42 s 61 s 61(1) amended by 43/1995 s 30 substituted by 29/2019 s 58(1) s 61(2) amended by 12/2003 s 14(1) amended by 29/2019 s 58(2) s 61(2a) inserted by 21/2010 s 43(1) amended by 29/2019 s 58(3) s 61(3) amended by 29/2019 s 58(4) s 61(4) amended by 29/2019 s 58(5) s 61(5) amended by 29/2019 s 58(6) s 61(5a) inserted by 21/2010 s 43(2) s 61(5b) and (5c) inserted by 29/2019 s 58(7) s 61(6) inserted by 12/2003 s 14(2) amended by 29/2019 s 58(8), (9) s 62 s 62(1) amended by 71/1981 s 43(a) amended by 86/1988 s 14(a) amended by 29/2019 s 59(1), (2) s 62(2) amended by 86/1988 s 14(b) s 62(2a) inserted by 29/2019 s 59(3) s 62(3) substituted by 71/1981 s 43(b) substituted by 86/1988 s 14(c) amended by 29/2019 s 59(4), (5) s 62(4) amended by 73/1999 s 7 (Sch 1 cl 10) amended by 21/2010 s 44 substituted by 29/2019 s 59(6) s 62(5) and (6) substituted by 29/2019 s 59(6) s 62(7) and (8) inserted by 29/2019 s 59(6) s 62AA inserted by 29/2019 s 60 s 62A inserted by 21/2010 s 45 s 62A(1) amended by 29/2019 s 61(1) amended by 45/2019 Sch 1 cl 67 s 62A(2) amended by 29/2019 s 61(2) s 63 s 63(2) amended by 60/1994 s 4 3.11.1994 substituted by 17/2005 s 5(1) s 63(3) amended by 17/2005 s 5(2)—(4) amended by 29/2019 s 62 s 63(4) inserted by 17/2005 s 5(5) (b) deleted by 21/2010 s 46 s 63(5) inserted by 17/2005 s 5(5) Pt 9A before deletion by 29/2019 inserted by 71/1981 s 44 s 63C s 63C(1) amended by 21/2010 s 47(1), (2) s 63C(2) s 63E s 63E(1) substituted by 43/1995 s 31 s 63E(1a) inserted by 43/1995 s 31 Pt 9A deleted by 29/2019 s 63 Pt 9B inserted by 43/1995 s 32 s 63F s 63F(1) amended by 12/2003 s 15 s 63F(4) amended by 29/2019 s 64(1), (2) s 63H amended by 12/2003 s 16 s 63K s 63K(1) amended by 29/2019 s 65(1), (2) s 63K(2) amended by 23/1998 s 5 amended by 29/2019 s 65(1) s 63K(5) amended by 29/2019 s 65(1) s 63L amended by 29/2019 s 66(1) s 63L(2) amended by 29/2019 s 66(2), (3) s 63N s 63N(1) amended by 17/2006 s 167 amended by 29/2019 s 67 s 63O s 63O(2) amended by 17/2006 s 168 s 63O(4) amended by 23/1998 s 6(a) amended by 29/2019 s 68 s 63O(5) inserted by 23/1998 s 6(b) s 63R s 63R(3) amended by 29/2019 s 69(1) s 63R(4) amended by 29/2019 s 69(2) s 63S s 63S(1) amended by 29/2019 s 70(1) s 63S(4) amended by 29/2019 s 70(2) s 63V s 63V(5) amended by 29/2019 s 71 s 63Y s 63ZB s 63ZB(4) amended by 29/2019 s 72 s 63ZBA inserted by 1/1999 s 8 s 63ZBA(7) amended by 73/1999 s 7 (Sch 1 cl 11) amended by 29/2019 s 73 s 63ZD amended by 23/1998 s 7 amended by 22/2000 s 3 deleted by 12/2003 s 17 Pt 10 substituted by 29/2019 s 74 s 64 s 64(1a) inserted by 29/2019 s 75 s 65 s 65(1) substituted by 29/2019 s 76 s 65(1a) amended by 105/1976 s 26 substituted by 29/2019 s 76 s 65(1b) deleted by 29/2019 s 76 s 65(1c) deleted by 29/2019 s 76 s 65(3) amended by 43/1995 s 33 s 65(3a) inserted by 71/1981 s 45 s 65(3b) inserted by 71/1981 s 45 amended by 43/1995 s 33 s 65(4) amended by 23/1998 s 8 s 66 s 66(1) amended by 29/2019 s 77 s 66(1a) inserted by 71/1981 s 46 s 66(2) amended by 105/1976 s 27 s 66A inserted by 86/1988 s 15 amended by 43/1995 s 34 s 67 s 67(1) amended by 105/1976 s 28(a) amended by 102/1995 Sch 2 cl 15 amended by 17/2006 s 169 amended by 21/2010 s 48(1) amended by 29/2019 s 78(1) s 67(1a) inserted by 69/2001 s 21 amended by 21/2010 s 48(2) amended by 43/2012 s 29 amended by 29/2019 s 78(2)—(4) s 67(3) inserted by 105/1976 s 28(b) s 68 s 68(1) substituted by 51/1978 s 16(a) amended by 71/1981 s 47 amended by 102/1995 Sch 2 cl 16 s 68(2) amended by 105/1976 s 29 amended by 51/1978 s 16(b) s 68 deleted by 21/2010 s 49 s 69 before deletion by 29/2019 s 69(1) amended by 102/1995 Sch 2 cl 17(a) s 69(3) amended by 105/1976 s 30(a) s 69(3a) inserted by 71/1981 s 48 substituted by 86/1988 s 16 amended by 102/1995 Sch 2 cl 17(b) s 69(4) substituted by 105/1976 s 30(b) interested person amended by 102/1995 Sch 2 cl 17(c) amended by 21/2010 s 50 s 69 deleted by 29/2019 s 79 s 70 s 70(1) and (2) substituted by 29/2019 s 80(1) s 70(2a) and (2b) inserted by 29/2019 s 80(1) s 70(3) substituted by 86/1988 s 17 amended by 29/2019 s 80(2) s 70(3a) inserted by 29/2019 s 80(3) s 70(4) substituted by 86/1988 s 17 amended by 29/2019 s 80(4) s 70(4a) inserted by 71/1981 s 49 amended by 29/2019 s 80(5) s 70(5) before deletion by 29/2019 interested person substituted by 21/2010 s 51 s 70(5) deleted by 29/2019 s 80(6) Pt 10A inserted by 21/2010 s 52 amended by 29/2019 s 81 s 70A s 70A(1) amended by 29/2019 s 82(1)—(3) s 70A(2) amended by 33/2019 Sch 5 cl 48 deleted by 29/2019 s 82(4) s 70B s 70B(1) amended by 29/2019 s 83(1) s 70B(2) amended by 29/2019 s 83(2)—(6) s 70B(3) amended by 29/2019 s 83(7) s 70B(4) substituted by 29/2019 s 83(8) s 70B(4a) and (4b) inserted by 29/2019 s 83(8) s 70B(4c) inserted by 24/2019 s 8 s 70B(4a) redesignated as s 70B(4c) under Legislation Revision and Publication Act 2002 s 70B(5) amended by 29/2019 s 83(9) s 70B(6) substituted by 29/2019 s 83(10) s 70B(7) amended by 29/2019 s 83(11), (12) s 70B(7a) inserted by 29/2019 s 83(13) s 70B(8) amended by 29/2019 s 83(14) s 70B(9) amended by 29/2019 s 83(15), (16) s 70B(10) substituted by 29/2019 s 83(17) s 70B(11) inserted by 29/2019 s 83(17) s 70C s 70C(1) amended by 29/2019 s 84(1) s 70C(2) and (3) substituted by 29/2019 s 84(2) s 70C(4a) inserted by 24/2019 s 9(1) s 70C(5) amended by 29/2019 s 84(3) s 70C(6) amended by 29/2019 s 84(4) s 70C(7a) inserted by 29/2019 s 84(5) s 70C(8) inserted by 24/2019 s 9(2) s 70D substituted by 29/2019 s 85 s 70DA inserted by 29/2019 s 85 ss 70DB and 70DC inserted by 29/2019 s 85 s 70DD inserted by 24/2019 s 10 s 70DA redesignated as s 70DD under Legislation Revision and Publication Act 2002 Pt 10B inserted by 21/2010 s 52 substituted by 29/2019 s 86 s 70E s 70E(1) amended by 29/2019 s 87(1) s 70E(2) deleted by 29/2019 s 87(2) s 70E(3) amended by 29/2019 s 87(3), (4) s 70E(7) deleted by 29/2019 s 87(5) s 70E(8) amended by 29/2019 s 87(6), (7) s 70F s 70F(1) amended by 29/2019 s 88(1), (2) s 70F(4) and (5) deleted by 29/2019 s 88(3) s 70F(6) amended by 29/2019 s 88(4)—(6) ss 70FA—70FC inserted by 29/2019 s 89 s 70G s 70G(1) amended by 29/2019 s 90(1), (2) s 70G(2) substituted by 29/2019 s 90(3) s 70G(3) amended by 29/2019 s 90(4) s 70H s 70H(1) amended by 29/2019 s 91(1), (2) s 70H(2) substituted by 29/2019 s 91(3) s 70H(3) amended by 29/2019 s 91(4) s 70H(4) substituted by 29/2019 s 91(5) ss 70HA and 70HB inserted by 29/2019 s 92 Pt 10C inserted by 29/2019 s 93 Pt 11 Heading preceding s 71 substituted by 71/1981 s 50 s 71 s 71(1) amended by 29/2019 s 94 s 72 amended by 43/1995 s 35 amended by 29/2019 s 95 Pt 11A before deletion by 29/2019 inserted by 71/1981 s 51 s 73A s 73A(1) amended by 21/2010 s 53(1) s 73A(2) amended by 21/2010 s 53(2)—(5) s 73A(4) amended by 17/2006 s 170 substituted by 21/2010 s 53(6) s 73A(5) inserted by 21/2010 s 53(6) s 73B s 73B(1) Pt 11A deleted by 29/2019 s 96 Pt 11B inserted by 73/1999 s 6 1.9.2000 except s 73G—1.3.2001 s 73C s 73C(1) emergency order inserted by 29/2019 s 97(1) environment substituted by 29/2019 s 97(2) private mine deleted by 29/2019 s 97(3) s 73D s 73D(1) amended by 29/2019 s 98(1) s 73D(2) amended by 29/2019 s 98(2) s 73D(3) inserted by 29/2019 s 98(3) s 73E before deletion by 29/2019 s 73E(1) substituted by 11/2014 Sch 1 cl 20(1) s 73E(1a)—(1g) inserted by 11/2014 Sch 1 cl 20(1) s 73E(3) amended by 21/2010 s 54 s 73E(5) amended by 61/2005 s 5(1), (2) amended by 11/2014 Sch 1 cl 20(2) s 73E s 73EA inserted by 11/2014 Sch 1 cl 21 s 73F before deletion by 29/2019 s 73F(1) substituted by 11/2014 Sch 1 cl 22 s 73F s 73G s 73G(4a) inserted by 24/2019 s 11 s 73G(12a) inserted by 29/2019 s 100 s 73H s 73H(3) deleted by 29/2019 s 101 s 73I s 73I(4) amended by 29/2019 s 102 s 73I(6) amended by 21/2010 s 55(1) s 73I(7) amended by 21/2010 s 55(2) s 73J s 73J(4) amended by 29/2019 s 103 s 73K s 73K(1) amended by 21/2010 s 56(1) s 73K(5) amended by 21/2010 s 56(2) ss 73KA and 73KB inserted by 29/2019 s 104 s 73L s 73L(1) amended by 29/2019 s 105 s 73M before substitution by 29/2019 s 73M(4) amended by 21/2010 s 57 s 73M s 73N s 73O before substitution by 29/2019 s 73O(1) amended by 21/2010 s 58(1) s 73O(2) amended by 21/2010 s 58(2) s 73O(4) amended by 21/2010 s 58(3), (4) s 73O(5) amended by 21/2010 s 58(5) s 73O(8) amended by 21/2010 s 58(6), (7) s 73O(9) amended by 21/2010 s 58(8) s 73O ss 73P and 73Q deleted by 29/2019 s 106 Pt 12 s 74 before substitution by 29/2019 s 74(1) amended by 105/1976 s 31(a), (b) amended by 51/1978 s 17 amended by 73/1999 s 7 (Sch 1 cl 12(a), (b)) amended by 21/2010 s 59(1) s 74(1a) inserted by 71/1981 s 52(a) amended by 73/1999 s 7 (Sch 1 cl 12(c), (d)) amended by 21/2010 s 59(2) s 74(2) and (3) s 74(4) substituted by 105/1976 s 31(c) amended by 71/1981 s 52(b) s 74(5) amended by 71/1981 s 52(c), (d) s 74(6) and (7) s 74 substituted by 29/2019 s 107 s 74AA inserted by 21/2010 s 60 substituted by 29/2019 s 107 s 74A inserted by 43/1995 s 36 s 74A(1) amended by 21/2010 s 61(1) amended by 29/2019 s 108 s 74A(3) amended by 73/1999 s 7 (Sch 1 cl 13) amended by 21/2010 s 61(2) s 75 s 75(1) substituted by 43/1995 s 37 amended by 21/2010 s 62 amended by 29/2019 s 109(1) s 75(1a) and (1b) inserted by 29/2019 s 109(2) s 75(2) substituted by 105/1976 s 32 substituted by 29/2019 s 109(3) s 75(3) and (4) inserted by 29/2019 s 109(3) s 75A inserted by 43/1995 s 38 amended by 29/2019 s 110(1), (2) s 76 before substitution by 61/2005 s 76(1) amended by 51/1978 s 18(a) s 76(2) amended by 13/2000 s 4(a) amended by 73/1999 s 7 (Sch 1 cl 14) s 76(2a) inserted by 13/2000 s 4(b) s 76(3a) inserted by 86/1988 s 18 s 76(4) inserted by 51/1978 s 18(b) amended by 71/1981 s 53 (a) deleted by 102/1995 Sch 2 cl 19 s 76 before deletion by 29/2019 substituted by 61/2005 s 6 s 76(1) amended by 21/2010 s 63(1) s 76(2) amended by 21/2010 s 63(2) s 76(3)—(5) substituted by 21/2010 s 63(3) s 76(5a) and (5b) inserted by 21/2010 s 63(3) s 76(7) amended by 21/2010 s 63(4) s 76 s 77 before deletion by 29/2019 s 77(1) substituted by 51/1978 s 19 amended by 71/1981 s 54 amended by 102/1995 Sch 2 cl 20 amended by 73/1999 s 7 (Sch 1 cl 15(a)) amended by 61/2005 s 7(1) amended by 21/2010 s 64(1) s 77(2) substituted by 51/1978 s 19 amended by 73/1999 s 7 (Sch 1 cl 15(b)) amended by 61/2005 s 7(2) amended by 21/2010 s 64(2) s 77(2a) inserted by 61/2005 s 7(3) s 77(3) inserted by 105/1976 s 33 amended by 73/1999 s 7 (Sch 1 cl 15(c)) amended by 21/2010 s 64(3) s 77(4) inserted by 105/1976 s 33 s 77 s 77A before deletion by 29/2019 inserted by 61/2005 s 8 s 77A(1) amended by 21/2010 s 65 s 77A ss 77B—77D inserted by 21/2010 s 66 s 78 s 78(1) amended by 102/1995 Sch 2 cl 21 amended by 21/2010 s 67(1) amended by 29/2019 s 112(1) s 78(2) amended by 102/1995 Sch 2 cl 21 amended by 21/2010 s 67(2) amended by 29/2019 s 112(2) s 79 s 79(1) s 79 redesignated as s 79(1) by 51/1978 s 20 substituted by 71/1981 s 55 amended by 43/1995 s 39(a) amended by 29/2019 s 113(1)—(3) s 79(2) inserted by 51/1978 s 20 s 79(3) inserted by 43/1995 s 39(b) s 79A inserted by 16/2001 s 6 14.6.2001 substituted by 29/2019 s 114 s 80 s 80(1) amended by 71/1981 s 56(a) amended by 29/2019 s 115(1) s 80(1a) inserted by 71/1981 s 56(b) deleted by 29/2019 s 115(2) s 80(1b) and (1c) inserted by 102/1995 Sch 2 cl 22(a) s 80(1d) inserted by 102/1995 Sch 2 cl 22(a) amended by 73/1999 s 7 (Sch 1 cl 16(a)) amended by 29/2019 s 115(3) s 80(2) amended by 86/1988 s 19(a) amended by 29/2019 s 115(4), (5) s 80(2a) inserted by 29/2019 s 115(6) s 80(3) amended by 86/1988 s 19(b) amended by 29/2019 s 115(7) s 80(4) inserted by 102/1995 Sch 2 cl 22(b) substituted by 29/2019 s 115(8) s 80(5) inserted by 102/1995 Sch 2 cl 22(b) amended by 73/1999 s 7 (Sch 1 cl 16(b)) s 80(6) inserted by 29/2019 s 115(9) s 81 substituted by 29/2019 s 116 s 82 amended by 21/2010 s 68 substituted by 29/2019 s 116 s 83 before deletion by 29/2019 s 83(1) amended by 21/2010 s 69(1), (2) s 83(2) substituted by 21/2010 s 69(3) s 83 deleted by 29/2019 s 116 s 83A inserted by 11/2011 s 48 s 84 deleted by 29/2019 s 117 s 84A inserted by 43/1995 s 40 deleted by 29/2019 s 117 s 85 substituted by 29/2019 s 118 s 86 before substitution by 29/2019 s 86(1) amended by 105/1976 s 34(a), (b) amended by 71/1981 s 57 s 86(2) amended by 105/1976 s 34(c) amended by 21/2010 s 70 s 86 substituted by 29/2019 s 118 s 87 amended by 73/1999 s 7 (Sch 1 cl 17) amended by 23/2001 s 86 15.7.2001 deleted by 12/2003 s 18 s 87A inserted by 105/1976 s 35 deleted by 21/2010 s 71 s 88 amended by 71/1981 s 58 amended by 73/1999 s 7 (Sch 1 cl 18) amended by 21/2010 s 72 substituted by 29/2019 s 119 s 89 amended by 102/1995 Sch 2 cl 23 amended by 73/1999 s 7 (Sch 1 cl 19) amended by 21/2010 s 73(1), (2) deleted by 29/2019 s 119 s 89A inserted by 43/1995 s 41 deleted by 84/2009 s 214 s 89A inserted by 21/2010 s 74 s 89B inserted by 29/2019 s 120 s 90 before substitution by 29/2019 s 90(1aa) inserted by 21/2010 s 75(1) s 90(2) amended by 102/1995 Sch 2 cl 24 amended by 21/2010 s 75(2) s 90(3) inserted by 21/2010 s 75(3) s 90 substituted by 29/2019 s 121 s 91 deleted by 44/2003 s 3(1) (Sch 1) inserted by 21/2010 s 76 s 91(2) amended by 29/2019 s 122(1)—(3) s 91(3) amended by 29/2019 s 122(4) s 91(4a) inserted by 29/2019 s 122(5) s 91A inserted by 21/2010 s 76 deleted by 29/2019 s 123 s 92 s 92(1) s 92 amended by 105/1976 s 36 s 92 amended by 51/1978 s 21 s 92 amended by 102/1995 Sch 2 cl 25 s 92 amended by 1/1999 s 9 s 92 amended by 73/1999 s 7 (Sch 1 cl 20) s 92(h) deleted by 71/1981 s 59 s 92(j) deleted by 71/1981 s 59 s 92 amended and redesignated as s 92(1) by 21/2010 s 77(1)—(5) amended by 20/2011 s 7 amended by 29/2019 s 124(1)—(5), (7)—(9) (g) deleted by 29/2019 s 124(6) s 92(2) amended by 29/2019 s 124(2), (10) s 92(3) amended by 29/2019 s 124(1)—(3) s 92(4)—(7) s 92(8)—(12) inserted by 29/2019 s 124(11) Sch s 5(1), (2), (6) and (8) redesignated as Sch under Acts Republication Act 1967 substituted by 44/2003 s 3(1) (Sch 1) cl 1 deleted by 29/2019 s 125 Transitional etc provisions associated with Act or amendments Statutes Amendment (Mining Administration) Act 1999 11—Transitional provisions (1) An 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. Mining (Private Mines) Amendment Act 1999, Sch 2 1—Existing rights and proceedings (1) Subject to this clause, the repeal of section 19 of the principal Act by this Act does not affect— (a) the effect of an application under section 19 of the principal Act before the commencement of this Act; (b) the declaration of an area as a private mine under the principal Act; (c) any other process commenced before the commencement of this Act. (2) Subject 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— (a) determining 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); (b) making any declaration of an area as a private mine; (c) any right to the payment of royalty pursuant to an application under subsection (17) of that section before 1 March 1980. (3) The 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). (4) The 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). (5) Sections 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). 2—Mine operation plans (1) The following provisions apply with respect to mine operations plans under Part 11B of the principal Act (as enacted by this Act): (a) subject 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 (b) a 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). (2) A 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). 3—Additional matters (1) The Governor may, by regulation, make provision for other matters of a savings or transitional nature consequent on the enactment of this Act. (2) The 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. Statutes Amendment (Courts and Judicial Administration) Act 2001 22—Transitional provisions (1) The amendments made to the principal Act by section 20— (a) do 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 (b) 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). (2) The 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). Mining (Miscellaneous) Amendment Act 2003, Sch commencement date means the date on which sections 6(1) and 8 of this Act come into operation; pre-amendment application means an application under the principal Act lodged with the Director of Mines before the commencement date; 2—Transitional provision The amendments made by sections 6(1) and 8 of this Act do not apply with respect to— (a) an exploration licence granted on the basis of a pre-amendment application; or (b) the renewal of an exploration licence if the licence was granted before the commencement date, or on the basis of a pre-amendment application; or (c) a 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. Mining (Royalty No 2) Amendment Act 2005, Sch 1 Minister means the Minister to whom the administration of the principal Act is committed; 2—Continuation of existing arrangements (1) Subject 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— (a) subject to royalty under section 17(5) of the principal Act, as enacted by this Act; and (b) listed in Column 1 of the following table, will be determined according to the values set out in Column 3 of the following table: Mineral Grade Value ($/unit) Agricultural Limestone Barite 1st 2nd 24/tonne 14/tonne Clay 1st 2nd Dolomite 1st 2nd 10/tonne 5/tonne Feldspar 20/tonne Gold 12/gram Granites & Granitic Rocks 50/metre3 16.67/tonne Gypsum Categories 1-3 (super premium grade, plaster board, cement) Categories 4-8 (agricultural premium, grade 1, 2 & 3 and other) Jade (Nephrite) 5000/tonne 5/kilogram Kaolin Limesand Limestone (including Marble) 1st 2nd Magnesite Phosphate Salt Silica Sand/Rock Silica Shell Grit Talc 1st 2nd 20/tonne 10/tonne (2) The 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). (3) This clause will expire on 31 December 2008. 3—Agreements (1) Unless 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). (2) Nothing 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). Mining (Miscellaneous) Amendment Act 2010, Sch 1 2—Transitional provision (2) The 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). Mining (Royalties) Amendment Act 2011, Sch 1 1—Transitional provisions new 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; (2) The amendments made by this Act to section 17 of the principal Act apply in relation to minerals recovered on or after 1 July 2011. (3) The 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). (4) If 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). (5) The 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). Statutes Amendment (Courts Efficiency Reforms) Act 2012 30—Transitional provision The amendment made to the Mining Act 1971 by this Part— (a) does 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 (b) applies 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). Mining (Royalties) Amendment Act 2013, Sch 1 1—Transitional provision (1) The Minister may, in relation to the 2013/2014 financial year— (a) make 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 (b) if 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 (c) by 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). (2) Any 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. Budget Measures Act 2014, Sch 1 23—Transitional provision The 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. Statutes Amendment (Budget Measures) Act 2019, Pt 2 12—Transitional provision The 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. Statutes Amendment (Mineral Resources) Act 2019, Sch 1 Pt 1—Transitional provisions 2—References On 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. 3—Waiver of exemption mining operator has the same meaning as in the principal Act, as in force immediately before the day on which section 4 comes into operation. (2) Section 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. 4—Registers All 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. 5—Mortgages (1) A 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. (2) An application may be made under section 15AD of the principal Act, as enacted by this Act, in relation to a mortgage— (a) registered on a register under the principal Act before the commencement of that section; or (b) created before the commencement of that section and registered on the mining register on or after that commencement. 6—Registered documents and dealings Section 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. 7—Royalty (1) The 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. (2) If 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. 8—Exploration licences grant date is the date of the original grant of an exploration licence; relevant day means the day on which section 41 comes into operation. (2) An 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. (3) If— (a) an exploration licence in existence immediately before the relevant day has been granted under section 30AB of the principal Act; and (b) immediately 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, the 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. (4) If— (a) an exploration licence in existence immediately before the relevant day has been granted under section 30AB of the principal Act; and (b) that licence is a successor to a former licence granted under section 30AB of the principal Act; and (c) immediately 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, the 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— (d) the 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 (e) if 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. 9—Expenditure (1) An 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. (2) The 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. 10—Reinstatement of tenements Section 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. 11—Mining Rehabilitation Fund The 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. 12—Jurisdiction relating to tenements and monetary claims The amendment to section 67(1a) of the principal Act by section 78— (a) does 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 (b) 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). 13—Programs for environment protection and rehabilitation ADP means a development program approved under regulation 9 of the Mines and Works Inspection Regulations 2013; relevant day means the day on which section 83 comes into operation; PEPR means a program under Part 10A of the principal Act; prescribed item means— (a) an exploration work program; or (b) a declaration of environmental factors; or (c) a program for mining and rehabilitation of land, within the meaning of regulation 114 of the Mining Regulations 2011 as in force immediately before the relevant day. (2) A prescribed item— (a) continues as a PEPR for the purposes of the principal Act; and (b) insofar 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— (i) regulation 114 of the Mining Regulations 2011; and (ii) Part 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). (3) An ADP in force immediately before the relevant day— (a) will be taken to be a PEPR for the purposes of the principal Act; and (b) insofar 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). (4) Subclause (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. (5) The 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. (6) The 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. (7) If 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. 14—Caveats If a caveat lodged under Part 11A of the principal Act is in force immediately before the repeal of that Part by this Act— (a) the provisions of that Part will continue to apply in relation to the caveat as if the repeal had not been effected; and (b) Division 3 of Part 2A of the principal Act, as enacted by this Act, will not apply in relation to the caveat. 15—Private mines prescribed day means the day falling 15 years after the day on which this clause comes into operation. (2) On and after the prescribed day— (a) a 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 (b) Part 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 (c) section 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 (d) sections 73I and 73KA of the principal Act will apply— (i) as if a reference to a mine operations plan included a reference to a program under Part 10A of the principal Act; and (ii) as 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. 16—Safety net The repeal of section 84A of the principal Act does not affect the operation of any agreement in force under that section before the repeal. Statutes Amendment (Budget Measures) Act 2025, Pt 3 8—Transitional provisions (1) The 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. (2) A 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. Historical versions Reprint—31.7.1986 Reprint No 1—1.10.1991 Reprint No 2—4.3.1993 Reprint No 3—15.1.1994 Reprint No 4—3.11.1994 Reprint No 5—1.6.1995 Reprint No 6—17.6.1996 Reprint No 7—21.4.1997 Reprint No 8—21.5.1998 Reprint No 9—1.4.1999 Reprint No 10—29.7.1999 Reprint No 11—8.6.2000 Reprint No 12—1.7.2000 Reprint No 13—1.9.2000 Reprint No 14—1.3.2001 Reprint No 15—14.6.2001 Reprint No 16—15.7.2001 Reprint No 17—3.2.2002 Reprint No 18—4.5.2002 Reprint No 19—12.6.2003 Reprint No 20—30.10.2003 Reprint No 21—24.11.2003 2.9.2004 1.10.2009 19.6.2014 (electronic only) 1.7.2014 1.1.2024