What it does
The Mining Act 1992 (NSW) establishes a comprehensive regulatory framework for the exploration, assessment, and extraction of mineral resources within New South Wales. At its core, it prohibits unauthorised prospecting or mining (s 5), with maximum penalties of 10,000 penalty units for corporations and 2,000 penalty units or 5 years imprisonment for individuals for mining offences, escalating for continuing breaches. The Act's objects, inserted by the Mining Amendment Act 2008 (s 3A), explicitly promote the discovery and development of minerals while having regard to ecologically sustainable development. This includes recognising social and economic benefits (s 3A(a)), providing an integrated regulatory framework for authorisations (s 3A(b)), establishing compensation mechanisms for landholders (s 3A(c)), ensuring a return to the State (s 3A(d)), requiring security for rehabilitation (s 3A(e)), mandating effective site rehabilitation (s 3A(f)), and minimising environmental impacts (s 3A(g)).
The Act classifies activities into prospecting (exploration under licences per Part 3), assessment (under leases per Part 4 to evaluate viability), and full mining (under leases per Part 5). It distinguishes between publicly owned and privately owned minerals (s 24(2) for licences, s 42(2) for assessment leases, s 68(2) for mining leases), with specific restrictions on uranium (s 10A, inserted 2012) and mercury (s 10B, inserted 2022). Property in lawfully mined minerals vests in the miner upon severance (s 11(1)), but reverts to the land upon lease expiry if left in stockpiles (s 11(3)).
Key mechanisms include competitive tender processes for controlled release minerals (Schedule 1A), activity approvals for assessable prospecting (ss 23A, 44A, inserted 2015), and low-impact exploration licences to facilitate native title compliance (Division 5 of Part 3, inserted 1998). The Act mandates rehabilitation (Part 11), with directions under s 240 (as substituted 2008) empowering the Secretary or inspectors to require environmental remediation. It also creates theft-related offences for minerals (ss 12B–12D, inserted 1996) and provides for fossicking as a lawful activity (s 12), subject to consents and penalties of 50 penalty units for unauthorised entry on claimed land.