Part 2Administration

Part 2—Administration 11—The Minister and the Director to be corporations sole The Minister and the Director of Mines shall each be a corporation sole. 12—Delegation (1) The Minister may delegate any power or function vested in or conferred on the Minister— (a) under this Act; or (b) under any other Act prescribed by the regulations for the purposes of this subsection. (1a) The Treasurer may delegate any power or function vested in or conferred on the Treasurer under this Act. (2) The Director of Mines may delegate any power or function vested in or conferred on the Director of Mines— (a) under this Act; or (b) under any other Act. (2a) If the terms of an instrument of delegation allow for subdelegation, the delegate may subdelegate the power or function in accordance with the instrument (and a reference in this section to a delegation will then extend to any such subdelegation). (3) A delegation under this section— (a) may be absolute or conditional; and (b) may be made— (i) to a specified person or body; or (ii) to a person for the time being holding or acting in a specified office or position; and (c) does not derogate from the power of the delegator to act in any matter; and (d) is revocable at will by the delegator. (4) In any legal proceedings an apparently genuine certificate, purportedly signed by the Minister or the Director, containing particulars of a delegation under this section, will, in the absence of proof to the contrary, be accepted as proof that the delegation was made in accordance with the particulars. 13—Mining registrars and other staff (1) There is to be a Mining Registrar and other mining registrars. (2) The Mining Registrar and the mining registrars are to be Public Service employees. (3) The Mining Registrar may delegate a power or function of the Mining Registrar to another mining registrar. (3a) If the terms of an instrument of delegation allow for subdelegation, the delegate may subdelegate the power or function in accordance with the instrument (and a reference in this section to a delegation will then extend to any such subdelegation). (4) A delegation under this section— (a) may be absolute or conditional; and (b) may be made— (i) to a specified person; or (ii) to a person for the time being holding or acting in a specified office or position; and (c) does not derogate from the power of the delegator to act in any matter; and (d) is revocable at will by the delegator. (5) A mining registrar may be assigned to act as the Mining Registrar— (a) during a vacancy in the office of Mining Registrar; or (b) when the Mining Registrar is absent from, or unable to discharge, official duties. 14—Appointment of authorised officers (1) The Minister may, by instrument in writing, appoint a Public Service employee to be an authorised officer under this Act. (2) An appointment under this section may be made subject to such conditions or limitations as the Minister thinks fit. (3) The Minister may vary or revoke an appointment at any time. 14A—Identity cards (1) The Minister must issue to each authorised officer an identity card— (a) stating the name of the authorised officer; and (b) containing a photograph of the authorised officer; and (c) stating that the person whose name and photograph appear on the card is an authorised officer for this Act. (2) If an authorised officer proposes to exercise powers under this Act against a person, the authorised officer must produce the identity card for inspection on request. 14B—Authorised investigations An investigation by an authorised officer is an authorised investigation if the purpose of the investigation is— (a) to monitor compliance with this Act; or (b) to gather information about a suspected offence against this Act; or (c) to gather information about personal injury or loss of property related to authorised operations; or (d) to gather information about the actual or potential environmental impact of actual or potential authorised operations; or (e) to gather other information relevant to the administration or enforcement of this Act; or (f) to undertake any inquiry relevant to the administration or enforcement of this Act; or (g) without limiting a preceding paragraph, to inspect any authorised operations which are creating, or are likely to create, a nuisance, or are damaging, or are likely to damage, property. 14C—Powers of entry and inspection (1) For the purpose of carrying out an authorised investigation, an authorised officer may— (a) enter, search, inspect and examine any premises, land or vehicle that has been or is intended to be, used for, or in connection with, any operations or activity regulated by this Act and, where necessary for the purpose, break into or open a part of, or anything in, the premises, land or vehicle; or (b) inspect or examine anything; or (c) take photographs, films or videos; or (d) carry out tests on mines, facilities and equipment; or (e) take and remove samples; or (f) seize and retain any thing that may be evidence of non‑compliance with this Act. (2) A person must not, without reasonable excuse, obstruct an authorised officer in the exercise of powers under this section. (3) A person involved in the operation of a mine must give an authorised officer such assistance as is reasonably required for the effective exercise of a power conferred by this section. (4) An authorised officer may only exercise a power under subsection (1)(a) in respect of premises on the authority of a warrant issued by a magistrate (including as a warden) or justice. (5) A warrant may not be issued unless the magistrate, warden or justice (as the case may be) is satisfied that the warrant is reasonably required in the circumstances. (6) An application for the issue of a warrant— (a) may be made either personally or by telephone; and (b) must be made in accordance with any procedures prescribed by the regulations. 14D—Power to gather information (1) An authorised officer may require a person who may be in a position to provide information relevant to any matter subject to an authorised investigation— (a) to answer a question relevant to the investigation; or (b) to take reasonable steps to obtain information relevant to the investigation and to pass it on to the authorised officer. (2) A person required to answer a question under subsection (1) must answer the question to the best of the person's knowledge, information and belief. (3) A person of whom a requirement is made under subsection (1)(b) must comply with the requirement. (4) A natural person is not required to answer a question or to provide information under this section if the answer to the question or the information would tend to incriminate the person of an offence and the person objects to answering the question or providing the information on that ground. (5) An authorised officer may require a person who the authorised officer reasonably suspects has committed, is committing or is about to commit, a contravention of this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity. (6) A person of whom a requirement is made under subsection (5) must comply with the requirement. Maximum penalty: $5 000. 14E—Production of records (1) This section applies to records relating to authorised operations. (2) A person who has possession or control of a record to which this section applies must, at the request of an authorised officer— (a) produce the record for inspection by the authorised officer; and (b) answer any questions that the authorised officer reasonably asks about the record. (3) An authorised officer may— (a) retain records produced under this section for the purpose of making copies of them; or (b) if the authorised officer suspects that the records may be evidence of noncompliance with this Act, seize and retain records produced under this section. (4) In this section— record includes any document or other form of material. 14F—Publication of results of investigation (1) The Minister may publish a report setting out the results of an authorised investigation. (2) A report published under this section is protected by absolute privilege. 14G—Power to give expiation notices An authorised officer is authorised to give expiation notices for alleged offences which are expiable under this Act. 14H—Provisions relating to things seized (1) If a thing is seized under this Part, the following provisions apply: (a) the thing seized must be held pending proceedings for an offence against this Act relating to the thing seized, unless the Minister, on application, authorises its release to the person from whom it was seized or a person who had legal title to it at the time of seizure, subject to such conditions as the Minister thinks fit (including conditions as to the giving of security for satisfaction of an order under paragraph (b)(ii)); (b) if proceedings for an offence against this Act related to the thing seized are commenced within the prescribed period after its seizure and the defendant is found guilty of the offence, the court must consider the question of forfeiture and— (i) order that it be forfeited to the Crown; or (ii) if it has been released under paragraph (a), order that it be forfeited to the Crown or order that the person to whom it was released pay to the Minister an amount equal to its market value at the time of its seizure, as the court thinks fit; or (iii) make no order for forfeiture; (c) if proceedings for an offence against this Act related to the thing seized— (i) are not commenced within the prescribed period after its seizure; or (ii) are commenced within the prescribed period after its seizure and the defendant is found not guilty of the offence; or (iii) are commenced within the prescribed period after its seizure and the defendant is found guilty of the offence but no order for forfeiture is made under paragraph (b), the person from whom the thing was seized or a person who had legal title to it at the time of its seizure is entitled to recover, by action in a court of competent jurisdiction, the thing itself or, if it has deteriorated or been destroyed, compensation of an amount equal to its market value at the time of its seizure. (2) In this section— prescribed period means 12 months or such longer period as the court may, on application by the Minister, allow. 15—Power to conduct geological investigations etc (1) For the purpose of making any geological, geophysical or geochemical investigation or survey, the Minister or the Director of Mines, or any person authorised in writing by the Minister or the Director, may— (a) enter and remain upon any land with such assistants, vehicles and equipment as may be necessary or expedient for the purposes of the investigation or survey; and (b) conduct such an investigation or survey on the land; and (c) take, and remove from the land, any geological specimens or samples. (2) A person exercising a power under this section— (a) must not recover from any land more minerals than are reasonably necessary for the purpose of making the relevant investigation or survey; and (b) must not unnecessarily impede or obstruct the lawful use or enjoyment of any land by an owner of the land. (3) A person who interferes with or obstructs any person in the exercise of any power conferred by this section shall be guilty of an offence. Maximum penalty: $20 000 or imprisonment for 6 months. (4) The Minister may publish, in such manner as he thinks fit, the results of an investigation or survey under this section. (5) At least 14 days before the Minister or the Director of Mines, or any authorised person, undertakes an investigation or survey under this section, the Minister may publish in the Gazette a notice— (a) describing the area of land in which the investigation or survey will be undertaken; and (b) setting out a completion date in respect of the investigation or survey. (6) The Minister may extend the completion date from time to time by publishing a further notice in the Gazette. (7) If a notice is published under subsection (5), the Minister may refuse to receive and consider an application for a mineral tenement in respect of the land described in the notice until the completion date set out in the notice.