New South Wales act

Mining Act 1992

In ForceNSW

Jurisdiction

New South Wales

Act Number

29 of 1992

Collection

act

Plain English Summary

9/10 complexity

The Mining Act 1992 governs exploration and mining in New South Wales, requiring official authorisations (exploration licences, assessment leases, mining leases) and criminalising unpermitted activity.

It affects miners, landowners and government by setting economic objectives, environmental rehabilitation, compensation, royalties, dispute resolution and enforcement — balancing resource development with sustainability and fair returns.

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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.

Current sections

Direct links to the current provisions in Mining Act 1992.

658

Part 1

Preliminary

Part 1 Preliminary

Name of Act

1 Name of Act

This Act may be cited as the Mining Act 1992.

Commencement

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

Act binds Crown

3 Act binds Crown

This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.

Objects

3A Objects

The objects of this Act are to encourage and facilitate the discovery and development of mineral resources in New South Wales, having regard to the need to encourage ecologically sustainable development, and in particular—

(a) to recognise and foster the significant social and economic benefits to New South Wales that result from the efficient development of mineral resources, and

(b) to provide an integrated framework for the effective regulation of authorisations for prospecting and mining operations, and

(c) to provide a framework for compensation to landholders for loss or damage resulting from such operations, and

(d) to ensure an appropriate return to the State from mineral resources, and

(e) to require the payment of security to provide for the rehabilitation of mine sites, and

(f) to ensure effective rehabilitation of disturbed land and water, and

(g) to ensure mineral resources are identified and developed in ways that minimise impacts on the environment.

s 3A: Ins 2008 No 19, Sch 1 [1].

Definitions

4 Definitions

Expressions used in this Act that are defined in the Dictionary at the end of this Act have the meanings set out in the Dictionary.

s 4: Am 1994 No 41, Sch 3; 1994 No 45, Sch 1. Subst 1996 No 137, Sch 1 [106].

Application of Act

4A Application of Act

This Act does not apply to any area to which the Offshore Minerals Act 1999 applies.

s 4A: Ins 1999 No 42, Sch 3.11 [1].

Notes

4B Notes

Notes included in this Act are explanatory notes and do not form part of this Act.

s 4B: Ins 1999 No 43, Sch 3 [1].

Part 2

Prospecting and mining generally

Part 2 Prospecting and mining generally

Division 1

General

Division 1 General

pt 2, div 1, hdg: Ins 1996 No 137, Sch 1 [1].

Mining or prospecting without authorisation

5 Mining or prospecting without authorisation

A person must not prospect for or mine any mineral except in accordance with an authorisation that is in force in respect of that mineral and the land where the prospecting or mining is carried on.

Maximum penalty for prospecting in contravention of this section—

(a) in the case of a corporation—5,000 penalty units, and, in the case of a continuing offence, a further penalty of 500 penalty units for each day that the offence continues, or

(b) in the case of a natural person—1,000 penalty units or imprisonment for 5 years, or both, and, in the case of a continuing offence, a further penalty of 100 penalty units for each day that the offence continues.

Maximum penalty for mining in contravention of this section—

(a) in the case of a corporation—10,000 penalty units, and, in the case of a continuing offence, a further penalty of 1,000 penalty units for each day that the offence continues, or

(b) in the case of a natural person—2,000 penalty units or imprisonment for 5 years, or both, and, in the case of a continuing offence, a further penalty of 200 penalty units for each day that the offence continues.

s 5: Am 2000 No 90, Sch 1.1 [1]. Subst 2008 No 19, Sch 1 [2]. Am 2012 No 84, Sch 2.2 [1] [2].

Unauthorised carrying out of designated ancillary mining activities

6 Unauthorised carrying out of designated ancillary mining activities

(1) Carrying out of designated ancillary mining activities within authorisation area A person must not carry out a designated ancillary mining activity on land within an authorisation area except in accordance with the authorisation.

(2) Carrying out of designated ancillary mining activities outside mining area A person must not, on land that is not within the mining area of a mining lease, carry out a designated ancillary mining activity that is in the vicinity of and that directly facilitates the mining lease concerned, except in accordance with—

(a) a condition of the mining lease that regulates the carrying out of the activity, or

(b) another mining lease in respect of an ancillary mining activity or activities only that authorises the carrying out of the activity.

(3) Carrying out of designated ancillary mining activities outside claim area, but within mineral claims district A person must not, on land that is not within the claim area of a mineral claim, but is within a mineral claims district, carry out a designated ancillary mining activity, except in accordance with—

(a) a mining lease in respect of an ancillary mining activity or activities only that authorises the carrying out of the activity, or

(b) a mineral claim in respect of an ancillary mining activity or activities only that authorises the carrying out of the activity.

(4) Carrying out of designated ancillary mining activities outside mineral claims district A person must not, on land that is not within a mineral claims district, carry out a designated ancillary mining activity that is in the vicinity of and that directly facilitates a mineral claim, except in accordance with a mining lease in respect of an ancillary mining activity or activities only that authorises the carrying out of the activity.

(5) Exemptions The regulations may provide for the exemption (including by order of the Minister) of a person or class of persons from the operation of this section with respect to the carrying out of a designated ancillary mining activity, or a class of designated ancillary mining activities.

(6) Meaning of “designated ancillary mining activity” In this section, designated ancillary mining activity means the following—

(a) the construction, maintenance or use, in or in connection with mining operations, of a reservoir, dam (including a tailings dam), drain or water race,

(b) opal puddling,

(c) the removal, stockpiling or depositing of overburden, ore or tailings to the extent that it is associated with mineral extraction or mineral beneficiation.

(7) However, the construction, maintenance or use of a reservoir, dam, drain or water race principally used for purposes not connected with mining or another activity regulated by or under an authorisation is not a designated ancillary mining activity.

Maximum penalty—

(a) in the case of a corporation—10,000 penalty units, and, in the case of a continuing offence, a further penalty of 1,000 penalty units for each day that the offence continues, or

(b) in the case of a natural person—2,000 penalty units or imprisonment for 5 years, or both, and, in the case of a continuing offence, a further penalty of 200 penalty units for each day that the offence continues.

s 6: Am 2000 No 90, Sch 1.1 [2]. Subst 2008 No 19, Sch 1 [2] (am 2010 No 59, Sch 2.62 [1]). Am 2012 No 84, Sch 2.2 [3]. Subst 2017 No 27, Sch 1 [2]. Am 2022 No 21, Sch 1[2]–[4].

7

7–9 (Repealed)

Defences to prosecutions under Part 2

10 Defences to prosecutions under Part 2

(1) It is a defence to a prosecution of a person for an offence under section 5 if the person establishes that the person was prospecting for or mining minerals in the course of—

(a) fossicking, or

Note.

Section 12 declares fossicking to be a lawful activity.

(b) carrying out an activity in accordance with section 81.

(2) It is a defence to a prosecution of a person for an offence under section 6 if the person establishes that the person was carrying out the ancillary mining activity in the course of carrying out an activity in accordance with section 81.

(3) It is a defence to the prosecution of a person for an offence under section 5 or 6 if the person establishes that the person was prospecting for or mining minerals, or carrying out the ancillary mining activity—

(a) in accordance with rights under an authority or a mineral claim that have devolved on the person by operation of law, and

(b) at a time when the person had applied under section 162 or 202 to have the person’s name recorded as the holder of the authority or mineral claim and the application had not been refused.

(4) It is a defence to the prosecution of a person for an offence under section 5 or 6 in relation to mining for mercury if the mercury was mined as a by-product of mining for another mineral as authorised under this Act.

s 10: Subst 2008 No 19, Sch 1 [3]. Am 2022 No 21, Sch 1[5].

10A

Restriction on grant of authorisations with respect to uranium

10A Restriction on grant of authorisations with respect to uranium

An authorisation (other than an exploration licence or an environmental assessment permit relating to an exploration licence) may not be granted in respect of uranium.

s 10A: Ins 2012 No 16, Sch 1 [1].

10B

Restriction on grant of mining lease in respect of mercury

10B Restriction on grant of mining lease in respect of mercury

A mining lease must not be granted in respect of mercury.

s 10B: Ins 2022 No 21, Sch 1[6].

Property in minerals lawfully mined

11 Property in minerals lawfully mined

(1) For the purposes of this or any other Act or law, it is declared that any mineral that is lawfully mined becomes the property of the person by or on behalf of whom it is mined at the time the material from which it is recovered is severed from the land from which it is mined.

(2) For the purposes of this or any other Act or law, it is declared that any mineral contained in—

(a) a stockpile of material that has been lawfully mined for the purpose of enabling the mineral to be recovered, or

(b) a pile of tailings arising from the recovery of a mineral from material that has been so mined,

remains the property of the person by or on behalf of whom the material was mined and does not become part of the land on which it is situated.

(3) However, any mineral that has been mined pursuant to a mining lease or mineral claim but is still contained in such a stockpile or pile of tailings when the lease or claim ceases to have effect—

(a) ceases to be the property of the person by or on behalf of whom the material in the stockpile or pile of tailings was mined, and

(b) becomes part of the land on which the stockpile or pile of tailings is situated,

at the time the mining lease or mineral claim ceases to have effect.

(4) This section is subject to the provisions of any private agreement.

11A

Certain activities taken not to be prospecting or mining

11A Certain activities taken not to be prospecting or mining

(1) The regulations may declare that, or provide for the declaration by the Minister that, a specified activity is, or a specified class or classes of activities are, not prospecting or mining for the purposes of this Act.

(2) A declaration referred to in subsection (1)—

(a) may require a person who proposes to carry out any such activity to give notice of intention to do so to the Secretary, and

(b) may require a person who carries out any such activity to pay royalty to the Crown in respect of any publicly owned minerals recovered as a consequence of the carrying out of that activity.

(3) Part 14 applies, subject to any modifications necessary to give effect to a declaration under subsection (1) and any modifications prescribed by the regulations—

(a) to royalty payable under subsection (2) in the same way as it applies to royalty payable on a mineral recovered under a mining lease, and

(b) to the person by whom royalty is payable as if the person were the holder of a mining lease.

s 11A: Ins 1996 No 137, Sch 1 [10]. Am 2008 No 19, Sch 1 [4]–[6]; 2014 No 37, Sch 4.1 [1].

Fossicking

12 Fossicking

(1) For the purposes of this or any other Act or law, it is declared that fossicking is a lawful activity.

(2) Subsection (1)—

(a) does not affect any other Act or law that prohibits, regulates or restricts fossicking or that has the effect of prohibiting, regulating or restricting fossicking and, in particular, does not make fossicking a lawful authority or lawful excuse for the purposes of any such Act or law, and

(b) does not confer on any person a right of entry on to land (other than land prescribed by subsection (2A)) for fossicking purposes.

(2A) For the purposes of subsection (2) (b), the prescribed land is Crown land (within the meaning of the Crown Land Management Act 2016)—

(a) that is not held under a lease, licence or permissive occupancy under the Crown Land Management Act 2016, and

(b) that is not under the management or control of a trustee or a public or local authority.

(3) Any publicly owned mineral that is recovered in the course of lawful fossicking becomes the property of the person by whom it is found at the time it is severed from the land on which it is found.

(4) A person must not carry out fossicking on any land the subject of an authority, mineral claim or opal prospecting licence except with the consent of the holder of the authority, claim or licence.

Maximum penalty—50 penalty units.

(5) Subsection (4) does not apply to the carrying out of fossicking on land the subject of an exploration licence if the land is within a fossicking district.

(6) A person must not carry out fossicking on any land that is, or in waters that are, the subject of an approved determination of native title under the Commonwealth Native Title Act to the effect that native title exists, except with the consent of the relevant registered native title body corporate with respect to that native title.

Maximum penalty—50 penalty units.

s 12: Am 1996 No 137, Sch 1 [6] [7]; 1999 No 43, Sch 3 [2] [3]; 2000 No 90, Schs 1.1 [3], 3.1 [1]; 2004 No 75, Sch 1 [1]; 2017 No 17, Sch 2.12 [1] [2].

Division 2

Offences concerning theft of minerals

Division 2 Offences concerning theft of minerals

pt 2, div 2: Ins 1996 No 137, Sch 1 [2].

12A

Definitions

12A Definitions

In this Division—

mining land means any land the subject of a mining lease or mineral claim.

owner in relation to a mine or mining land, means a person—

(a) who is authorised (whether under a mining lease or mineral claim or otherwise) to mine for minerals in or on the mine or mining land, or

(b) who is entitled to receive any minerals recovered from the mine or mining land.

s 12A: Ins 1996 No 137, Sch 1 [2].

12B

Stealing minerals

12B Stealing minerals

A person who—

(a) steals, or attempts to steal, a mineral from any mine or mining land, or

(b) severs, or attempts to sever, a mineral from any mine or mining land with intent to steal,

is guilty of an offence.

Maximum penalty—

(a) in the case of a corporation—10,000 penalty units, or

(b) in the case of a natural person—2,000 penalty units or imprisonment for 5 years, or both.

s 12B: Ins 1996 No 137, Sch 1 [2]. Am 2008 No 19, Sch 1 [7]; 2012 No 84, Sch 2.2 [4].

12C

Fraudulent removal and concealment of minerals by employees

12C Fraudulent removal and concealment of minerals by employees

A person employed in or about any mine or mining land who removes or conceals, or attempts to remove or conceal, a mineral found in that mine or mining land with intent to defraud an owner of the mine or mining land is guilty of an offence.

Maximum penalty—

(a) in the case of a corporation—10,000 penalty units, or

(b) in the case of a natural person—2,000 penalty units or imprisonment for 5 years, or both.

s 12C: Ins 1996 No 137, Sch 1 [2]. Am 2008 No 19, Sch 1 [7]; 2012 No 84, Sch 2.2 [5].

12D

Fraudulent removal and concealment of minerals by partners

12D Fraudulent removal and concealment of minerals by partners

An owner of any mine or mining land who removes or conceals, or attempts to remove or conceal, a mineral found in that mine or mining land with intent to defraud any other owner of the mine or mining land is guilty of an offence.

Maximum penalty—

(a) in the case of a corporation—10,000 penalty units, or

(b) in the case of a natural person—2,000 penalty units or imprisonment for 5 years, or both.

s 12D: Ins 1996 No 137, Sch 1 [2]. Am 2008 No 19, Sch 1 [7]; 2012 No 84, Sch 2.2 [6].

12E

12E (Repealed)

Part 3

Exploration licences

Part 3 Exploration licences

Application for exploration licence

13 Application for exploration licence

(1) Any person may apply for an exploration licence.

(2) To avoid doubt, the owner of privately owned minerals may apply for an exploration (mineral owner) licence or any other exploration licence with respect to those minerals.

Note.

The owner of privately owned minerals may choose to apply for an ordinary exploration licence with respect to those minerals, rather than an exploration (mineral owner) licence. In relation to exploration (mineral owner) licences see section 24 (4).

(3) An application that relates to land in a mineral allocation area may not be made, except with the Minister’s consent, in relation to any group of minerals that includes an allocated mineral.

(3A) An application that relates to land in a controlled release area may not be made in relation to any group of minerals that includes a controlled release mineral except—

(a) pursuant to an invitation under Schedule 1A (Competitive selection process for controlled release prospecting titles), or

(b) under section 13C (Application for operational allocation licence by existing authority holders), or

(c) by the Secretary on behalf of the Crown under section 13D (Crown pre-competitive exploration licences).

(4) An application for an exploration licence must—

(a) be lodged with the Secretary, and

(b) be accompanied by the application fee prescribed by the regulations, and

(c) be accompanied by the information, if any, specified by the regulations, and

(d) if the application is for an exploration (mineral owner) licence with respect to privately owned minerals that have more than one owner, be made by all the owners.

Note.

Section 129A requires an application for an exploration licence to be accompanied by a proposed work program.

(5), (6) (Repealed)

s 13: Am 1996 No 137, Sch 1 [15]. Subst 2008 No 19, Sch 1 [8]. Am 2015 No 39, Sch 1 [1]; 2015 No 40, Sch 1 [1] [2]; 2017 No 27, Sch 1 [3]; 2022 No 21, Sch 1[7] [8].

13A

Notice of application for exploration licence

13A Notice of application for exploration licence

(1) Within 14 days (or such other period as may be prescribed by the regulations) after lodging an application for an exploration licence, the applicant must cause notice of the application to be published in the way specified by the regulations.

(2) The notice must—

(a) state that an application for an exploration licence has been lodged, and

(b) contain a plan of the proposed exploration area, and

(c) comply with any other requirements that are prescribed by the regulations for the purposes of this subsection.

(3) This section does not apply to an application made pursuant to an invitation under Schedule 1A (Competitive selection process for controlled release prospecting titles).

s 13A: Ins 2008 No 19, Sch 1 [8]. Am 2015 No 39, Sch 1 [2]; 2022 No 21, Sch 1[9].

13B

Limit on subsequent applications for exploration licences

13B Limit on subsequent applications for exploration licences

If a person—

(a) applies for the grant or renewal of a mineral owner authority in relation to particular land and that application is refused, or

(b) was the holder of a mineral owner authority in relation to particular land when that authority was cancelled,

the person may not, within 2 years after that refusal or cancellation, apply for an exploration (mineral owner) licence in relation to that land except with the Minister’s consent.

s 13B: Ins 2008 No 19, Sch 1 [8].

13C

Application for operational allocation licence by existing authority holders

13C Application for operational allocation licence by existing authority holders

(1) The holder of an exploration licence, assessment lease or mining lease for coal may apply under this section for an exploration licence for coal.

(2) An application under this section is subject to the following requirements—

(a) the application must be for a purpose that is prescribed by the regulations as an operational allocation purpose,

(b) the land to which the application relates must comply with the regulations in relation to shape, size and such other features as may be prescribed,

(c) such other requirements as may be prescribed by the regulations.

(3) Without limiting any other provision of this Act, an application under this section may be refused on any one or more of the following grounds—

(a) the decision-maker is not satisfied that the application is for an operational allocation purpose,

(b) the decision-maker is satisfied that there is sufficient interest from other potential applicants to justify a competitive selection process for the grant of an exploration licence over the area concerned,

(c) the decision-maker is satisfied that the application does not comply with any requirement of this section or the regulations.

(3A) The decision-maker may, for the purpose of determining whether there is sufficient interest from other potential applicants to justify a competitive selection process for the grant of an exploration licence over the area concerned under subsection (3)(b), conduct a market interest test by seeking expressions of interest from—

(a) the applicant under this section, and

(b) other potential applicants.

(3B) The market interest test may be conducted over an area that differs in size and shape from the area concerned under subsection (3)(b).

(4) Without limiting any other provision of this Act, in deciding whether to grant or refuse an application under this section the decision-maker may take into account any guidelines issued (and made publicly available) by the Minister for the purposes of this section.

s 13C: Ins 2015 No 39, Sch 1 [3]. Am 2022 No 21, Sch 1[10].

13D

Crown pre-competitive exploration licences

13D Crown pre-competitive exploration licences

(1) The Secretary may apply on behalf of the Crown for an exploration licence (a Crown pre-competitive exploration licence) for a controlled release mineral within a controlled release area to authorise prospecting for the purpose of obtaining information about the potential mineral bearing qualities of land in the State.

(2) The regulations may make provision for or with respect to the following—

(a) requirements for prospecting conducted under a Crown pre-competitive exploration licence including the purposes for which prospecting is to be undertaken and the criteria that prospecting under the licence is to satisfy,

(b) procedures for the relinquishment of a Crown pre-competitive exploration licence when prospecting under the licence is completed.

(3) The rights conferred by section 29 (Rights under exploration licence) on the holder of a Crown pre-competitive exploration licence are subject to the requirements of the regulations under this section.

s 13D: Ins 2015 No 39, Sch 1 [3].

Invitations for tenders

14 Invitations for tenders

(1) This section applies only in relation to allocated minerals in land within a mineral allocation area.

(2) The Minister may, by notice published in the way specified by the regulations, invite tenders for an exploration licence for an allocated mineral, other than an exploration (mineral owner) licence for an allocated mineral.

(3) An invitation—

(a) must describe the land to which it relates, and

(b) must identify the allocated mineral to which it relates, and

(c) must specify the way in which, and the date on or before which, tenders for the exploration licence should be lodged.

s 14: Am 2008 No 19, Sch 1 [9]; 2022 No 21, Sch 1[11] [12].

Tenders

15 Tenders

(1) A tender for an exploration licence—

(a) must be lodged with the Secretary in accordance with the invitation for the tender, and

(b) must be accompanied by the required information, and

(c) must be accompanied by the lodgment fee prescribed by the regulations.

Note.

Section 129A requires a tender for an exploration licence to be accompanied by a proposed work program.

(2) The required information is as follows—

(a) information, if any, specified by the regulations,

(b), (c) (Repealed)

(d) any other information that is specified in the tender invitation.

(3) A tender may specify that, in the event that the tender is successful, the tenderer will pay a specified amount in addition to the cash reserve price (if any) specified in the invitation for the tender.

(4) A tender may be made in respect of the whole or any part of the land described in the invitation for the tender.

s 15: Am 1996 No 137, Sch 1 [15]; 2008 No 19, Sch 1 [10]–[12]; 2015 No 40, Sch 1 [3] [4]; 2022 No 21, Sch 1[13].

16

16 (Repealed)

Exclusion of land from application or tender

17 Exclusion of land from application or tender

(1) The decision-maker may, by order in writing, direct that any part of the land to which an application or tender for an exploration licence relates be excluded from the application or tender.

(2) A direction takes effect on the date on which written notice of the direction is served on the applicant or tenderer.

(3) A tenderer affected by any such direction may amend the tender by written notice lodged with the Secretary on or before such date as may be specified in the direction.

(4) This section does not apply to an application for an exploration (mineral owner) licence.

s 17: Am 2008 No 19, Sch 1 [14] [15].

Land in reserve or opal prospecting area

18 Land in reserve or opal prospecting area

An exploration licence may not be granted over any land within—

(a) an opal prospecting area, or

(b) a reserve in respect of which an order prohibiting the granting of exploration licences is in force under section 367.

Land subject to authority

19 Land subject to authority

(1) An exploration licence may not be granted over any land—

(a) the subject of some other exploration licence that includes a group of minerals in respect of which the firstmentioned exploration licence is sought, or

(b) the subject of a mining lease, assessment lease or mineral claim, or

(c) the subject of an application for any of the following that was lodged before the application for the firstmentioned exploration licence—

(i) an exploration licence that includes a group of minerals in respect of which the firstmentioned exploration licence is sought,

(ii) an assessment lease,

(iii) a mining lease,

(iv) a mineral claim.

otherwise than to or with the written consent of the holder of, or the applicant for, that licence, lease or claim.

(1A) Despite subsection (1) (c) (i), an exploration licence may be granted over land the subject of a preceding application for an exploration licence if—

(a) the application for the firstmentioned exploration licence was made pursuant to an invitation under Schedule 1A (Competitive selection process for controlled release prospecting titles), and

(b) that invitation was issued before the preceding application was lodged.

(2) A written consent given under this section is irrevocable.

(3) If, as a result of such a consent, an exploration licence is granted over any such land, that land—

(a) ceases to be subject to the exploration licence, assessment lease, mining lease or mineral claim concerned, or

(b) is excluded from the application for the exploration licence, assessment lease, mining lease or mineral claim concerned,

as the case requires, unless the decision-maker makes a determination under subsection (4).

(4) The decision-maker may determine that subsection (3) does not apply with respect to the land or to a part of the land if the decision-maker is satisfied that having the land or that part subject to both the licence and the other authorisation concerned is not likely to make the exercise of rights under the licence or the other authorisation impracticable.

s 19: Am 2008 No 19, Sch 1 [16]–[18]; 2015 No 39, Sch 1 [4].

20

20, 21 (Repealed)

Division 3

Granting of exploration licences

Division 3 Granting of exploration licences

Power of decision-maker in relation to applications

22 Power of decision-maker in relation to applications

(1) After considering an application for an exploration licence, the decision-maker—

(a) may grant to the applicant an exploration licence over all or part of the land over which a licence was sought, or

(b) may refuse the application.

Note.

Schedule 1B contains provisions about the grant or refusal of an application for an exploration licence and the conditions to which an exploration licence is subject.

(2) (Repealed)

(3) The decision-maker may grant—

(a) a single exploration licence for 2 or more applications made by the same applicant, or

(b) 2 or more exploration licences to an applicant for a single application.

s 22: Am 2008 No 19, Sch 1 [13] [20] [21]; 2014 No 10, Sch 1 [1] [2]; 2015 No 40, Sch 1 [7] [8]; 2022 No 21, Sch 1[14].

Power of decision-maker in relation to tenders

23 Power of decision-maker in relation to tenders

(1) After considering a tender in respect of land in respect of which one tender only is lodged, the decision-maker—

(a) may grant an exploration licence to the tenderer, or

(b) may refuse the tender.

(2) After considering all tenders in respect of land in respect of which more than one tender is lodged, the decision-maker—

(a) may grant an exploration licence to any one of the tenderers and refuse the other tenders, or

(b) may refuse all of the tenders.

Note.

Schedule 1B contains provisions about the grant or refusal of an exploration licence to a tenderer.

(3) (Repealed)

(4) For the purposes of this section, only one tender is lodged in respect of land if no other tender is lodged in respect of the land or any part of the land.

s 23: Am 2008 No 19, Sch 1 [13] [22]; 2014 No 10, Sch 1 [3] [4]; 2015 No 40, Sch 1 [9] [10].

23A

Activity approval required for assessable prospecting operations

23A Activity approval required for assessable prospecting operations

(1) An exploration licence is subject to a statutory condition that the holder of the licence must not carry out an assessable prospecting operation on land over which the licence is granted unless an activity approval has been obtained for the carrying out of the assessable prospecting operation in relation to that land and is in force.

(2) The holder of an exploration licence may apply in writing to the decision-maker for approval to carry out an assessable prospecting operation in relation to any part of the land over which the licence is granted (an activity approval).

(3) An application for an activity approval must include the information, if any, prescribed by the regulations.

(3A) The decision-maker may require the holder of an exploration licence to provide further information as required by the decision-maker, within the time specified by the decision-maker, before considering the application or at any time during consideration of the application.

(4) After considering the application for the activity approval, the decision-maker—

(a) may grant the activity approval, or

(b) may refuse the application.

(5) Without limiting the grounds for refusal, the application may be refused if the applicant fails to provide the information required by the decision-maker within the time required.

(6) An activity approval may be granted subject to terms.

(7) For the purposes of this Act, it is a statutory condition of an exploration licence that the holder must comply with any activity approval granted to the holder and in force.

(8) Clauses 7 (2)–(4), 10 (2), 12 and 14 of Schedule 1B apply to and in respect of the imposition of terms on, and variation of the terms of, an activity approval in the same way as they apply to and in respect of the imposition of conditions on, and the variation of the conditions of, an authorisation.

(9) The decision-maker may cancel an activity approval—

(a) if the holder of the activity approval lodges with the Secretary a request that the decision-maker cancel the activity approval, or

(b) if the decision-maker is satisfied that a person has contravened the activity approval (whether or not the person is prosecuted or convicted of any offence arising from the contravention).

(10) Before cancelling an activity approval, otherwise than at the request of the holder of the activity approval, the decision-maker is to cause a written notice to be served on the holder of the activity approval that contains the following—

(a) notice that the activity approval is proposed to be cancelled,

(b) details of the grounds for the proposed cancellation,

(c) notice that the holder of the activity approval has a specified period (of at least 28 days) in which to make representations with respect to the proposed cancellation.

(11) The decision-maker must not cancel an activity approval, otherwise than at the request of the holder of the activity approval, unless—

(a) the decision-maker has taken any such representations received from the holder of the activity approval into consideration, or

(b) the period specified in the notice has elapsed and no such representations have been received.

(12) The decision-maker is to cause written notice of the cancellation of an activity approval to be given to the holder of the activity approval.

(13) The cancellation takes effect on the date on which the written notice of the cancellation is given to the holder of the activity approval, or on a later date specified in the notice.

(14) Any person who is aggrieved by the decision of the decision-maker to cancel an activity approval held by the person may appeal to the Land and Environment Court against the decision. Section 128 applies to such an appeal as if it were an appeal against a decision to cancel an authority.

(15) The cancellation of an activity approval does not affect any liability incurred by the holder of the activity approval before the cancellation took effect.

(16) Action may be taken under subsection (9) (b) whether or not any other action has been taken in respect of the activity approval under this Act.

s 23A: Ins 2015 No 40, Sch 1 [11]. Am 2022 No 21, Sch 1[15].

Land and minerals for which exploration licence may be granted

24 Land and minerals for which exploration licence may be granted

(1) An exploration licence may be granted over land of any title or tenure.

(2) An exploration licence may be granted in respect of any group or groups of minerals, regardless of whether the minerals in any such group are publicly owned, privately owned or partly publicly and partly privately owned.

(3) An exploration licence may be granted over the surface of land, over the surface of land and the subsoil below the surface, over the surface of land and the subsoil down to a specified depth below the surface or over the subsoil below or between any specified depth or depths below the surface of land.

(4) However, an exploration (mineral owner) licence may be granted—

(a) only in respect of privately owned minerals, and

(b) only to the owner of those minerals.

s 24: Am 1999 No 43, Sch 1 [1]; 2008 No 19, Sch 1 [23].

Shape and dimensions of land over which exploration licence may be granted

25 Shape and dimensions of land over which exploration licence may be granted

(1) The land over which an exploration licence is granted must comply with the regulations in relation to shape and size.

(2) The land over which an exploration licence is granted may differ in size or shape from, but may not include land other than, the land over which the licence was sought.

(2A) Subsection (2)—

(a) extends to the grant of a single exploration licence for 2 or more applications made by the same applicant, and

(b) as extended, applies as if the land over which the exploration licence was sought was the land over which the 2 or more exploration licences were sought.

(3) Subsections (1) and (2) do not apply with respect to an exploration (mineral owner) licence.

(4) (Repealed)

s 25: Am 2008 No 19, Sch 1 [24] [25]; 2022 No 21, Sch 1[16].

26

26 (Repealed)

Term of exploration licence

27 Term of exploration licence

An exploration licence—

(a) takes effect on the date on which it is granted or on such later date, or on the occurrence of such later event, as the decision-maker may determine, and

(b) ceases to have effect on the expiration of—

(i) 2 years after the date on which it took effect, in the case of an exploration (mineral owner) licence, or

(ii) such period (not exceeding 6 years) as the decision-maker determines, in the case of any other exploration licence.

s 27: Subst 2008 No 19, Sch 1 [26]. Am 2015 No 40, Sch 1 [13].

Form of exploration licence

28 Form of exploration licence

An exploration licence is to be in the approved form and is to include the following particulars—

(a) a description of the land over which it is granted,

(b) a list of the group or groups of minerals in respect of which it is granted,

(c) the conditions to which it is subject,

(d) the period for which it is to have effect.

Note.

Schedule 1B provides for an exploration licence to be varied after it is granted.

s 28: Am 2015 No 40, Sch 1 [14].

Division 4

Rights and duties under an exploration licence

Division 4 Rights and duties under an exploration licence

Rights under exploration licence

29 Rights under exploration licence

(1) The holder of an exploration licence may, in accordance with the conditions of the licence, prospect on the land specified in the licence for the group or groups of minerals so specified.

(2) If an application for an assessment lease, mining lease or mineral claim made by the holder of an exploration licence is not finally dealt with before the date on which the licence would otherwise cease to have effect, the licence continues to have effect, in relation only to the land to which the application relates, until the application is finally dealt with.

(3) Subsection (2) does not operate to extend an exploration licence for more than 2 years, or such further period as the Minister may approve in a particular case, after the date on which it would otherwise expire.

s 29: Am 1996 No 137, Sch 1 [107].

29A

29A (Repealed)

Exempted areas

30 Exempted areas

(1) The holder of an exploration licence may not, except with the consent of the Minister, exercise a right conferred by the licence within the following land—

(a) land in a state conservation area within an exempted area,

(b) other land in an exempted area, unless an access arrangement under section 140 applies to the land.

(2) Such consent may be given either unconditionally or subject to conditions.

(3) Clauses 12 and 14 of Schedule 1B apply to the variation or suspension of a condition of consent granted under this section in the same way as they apply to the variation or suspension of a condition of an authorisation.

s 30: Am 2015 No 40, Sch 1 [15]; 2022 No 21, Sch 1[17].

Dwelling-houses, gardens and significant improvements

31 Dwelling-houses, gardens and significant improvements

(1) The holder of an exploration licence may not exercise any of the rights conferred by the licence over the surface of land—

(a) on which, or within the prescribed distance of which, is situated a dwelling-house that is the principal place of residence of the person occupying it, or

(b) on which, or within the prescribed distance of which, is situated any garden, or

(c) on which is situated any significant improvement other than an improvement constructed or used for ancillary mining activities only,

except with the written consent of the owner of the dwelling-house, garden or improvement (and, in the case of the dwelling-house, the written consent of its occupant).

(2) The prescribed distance is—

(a) 200 metres (or, if a greater distance is prescribed by the regulations, the greater distance) for the purposes of subsection (1) (a), and

(b) 50 metres (or, if a greater distance is prescribed by the regulations, the greater distance) for the purposes of subsection (1) (b).

(3) A written consent given under this section is irrevocable.

(4) This section does not apply with respect to a dwelling-house, garden or significant improvement owned by the holder of the exploration licence or, if the holder is a corporation, by a related corporation.

(5) If a dispute arises as to whether or not subsection (1) applies in a particular case, any party to the dispute may apply to the Land and Environment Court for a determination of the matter.

(6) The holder of the exploration licence is to pay the costs of the owner of the dwelling-house, garden or improvement (or occupant of the dwelling-house) in those proceedings in the Land and Environment Court.

(7) This section does not apply to the holder of an exploration licence who carries out a seismic survey on a road within the meaning of the Road Transport Act 2013, but only if the holder has given written notice of at least 21 days (or such other period as is prescribed by the regulations) of the carrying out of the seismic survey to the owner of the dwelling-house, garden or significant improvement concerned (and, in the case of a dwelling-house, the occupant).

s 31: Am 1992 No 111, Sch 1; 1996 No 137, Sch 1 [39] [40]; 1999 No 43, Sch 1 [2] [3]; 2000 No 90, Sch 2.1 [1]; 2008 No 19, Sch 1 [28]; 2008 No 68, Sch 1 [1] [2]; 2008 No 107, Sch 19 [2]; 2015 No 41, Sch 1 [1].

Exploration areas over which authority is subsequently granted

32 Exploration areas over which authority is subsequently granted

Land over which an exploration licence is granted and over which some other authority (other than an exploration licence for some other group or groups of minerals) is subsequently granted ceases to be part of the exploration area when the other authority takes effect.

Division 5

Low-impact exploration licences—special provisions

Division 5 Low-impact exploration licences—special provisions

pt 3, div 5: Ins 1998 No 88, Sch 5 [1].

32A

Object of Division

32A Object of Division

The object of this Division is to provide for the grant of a class of low-impact exploration licence that may be approved under section 26A of the Commonwealth Native Title Act.

Note.

See clause 14 (3) of Part 5 of Schedule 5 to the Native Title Amendment Act 1998 of the Commonwealth for preservation of approvals previously granted by the Commonwealth.

ss 32A–32E: Ins 1998 No 88, Sch 5 [1].

32B

Special low-impact class of licence

32B Special low-impact class of licence

(1) There is to be a special class of exploration licence called a low-impact exploration licence.

(2) An exploration licence may be granted as a low-impact exploration licence if this Division is complied with.

(3) The provisions of this Act relating to exploration licences apply to low-impact exploration licences, except as otherwise provided by this Division.

ss 32A–32E: Ins 1998 No 88, Sch 5 [1].

32C

Authority conferred by low-impact licence

32C Authority conferred by low-impact licence

(1) The Minister may, by order published in the Gazette, determine the kind of prospecting operations that may be authorised by a low-impact exploration licence, being operations that the Minister is satisfied are unlikely to have a significant impact on the land over which the licence may be granted.

Editorial note.

For orders under this subsection see Gazette No 120 of 15.10.1999, p 10011. From April 2021, PCO is no longer updating notes in provisions of in force titles about related gazette notices. To search for related gazette notices, please use the Gazette Search functionality.

(2) The conditions to which a low-impact exploration licence is subject are to limit the prospecting operations authorised by the licence to all or some of the prospecting operations of the kind determined by the Minister under this section.

(3) A change in the prospecting operations determined by the Minister under this section does not affect a low-impact exploration licence that is in force at the time the change is made.

ss 32A–32E: Ins 1998 No 88, Sch 5 [1].

32D

Provisions relating to applications for low-impact licence

32D Provisions relating to applications for low-impact licence

(1) A person may not be granted a low-impact exploration licence unless notice of the application for the licence has been served on all—

(a) registered native title bodies corporate, and

(b) registered native title claimants, and

(c) representative Aboriginal/Torres Strait Islander bodies,

in relation to any of the land that will be affected by the proposed prospecting operations to be authorised by the licence.

(2) The notice must contain a map or other description of the land over which the exploration licence is sought and a description of the kind of prospecting operations that may be authorised by the licence.

(3) An applicant may request the Minister to grant a low-impact exploration licence either at the time the application for a licence is made or at any later time before the grant of the licence.

(4) The regulations may make other provision for or with respect to the making and grant of applications for low-impact exploration licences.

(5) In this section, application includes tender.

ss 32A–32E: Ins 1998 No 88, Sch 5 [1].

32E

Change of class of licence—additional prospecting operations

32E Change of class of licence—additional prospecting operations

(1) The holder of a low-impact exploration licence may apply to the Minister for a variation of the prospecting operations authorised by the licence.

(2) After considering the application, the Minister may vary the licence or may refuse the application.

(3) If the prospecting operations authorised by a licence as so varied are not of a kind permitted by this Division, the licence ceases to be a low-impact exploration licence.

(4) The variation of an exploration licence takes effect on the date on which written notice of the variation is served on the holder of the licence or such later date as may be specified in the notice.

Note.

The right to negotiate or other procedures may apply to the variation of the licence under the Commonwealth Native Title Act if section 26A of that Act no longer applies because of the variation.

ss 32A–32E: Ins 1998 No 88, Sch 5 [1].

32EA

Review of determination under section 32E

32EA Review of determination under section 32E

(1) The Minister must give an applicant under section 32E written notice of the outcome of the application.

(2) The holder of a low-impact exploration licence may, within 30 days (or such longer period as may be prescribed) after being served with written notice of the determination under section 32E apply to the decision-maker for a review of the determination.

(3) An application must—

(a) be made in the approved form and manner (if any), and

(b) contain any information that is prescribed by the regulations, and

(c) be accompanied by the fee (if any) prescribed by the regulations.

(4) The making of an application for review of a determination does not operate to stay the determination.

(5) On a review, the decision-maker may confirm or change the determination.

(6) The decision-maker is to give the applicant written notice of the outcome of the application.

(7) If the decision-maker changes a determination, the changed determination replaces the earlier determination as from the date of the written notice.

(8) A decision on a review may not be further reviewed under this section.

s 32EA: Ins 2008 No 19, Sch 1 [29].

32F

Access arrangement required for prospecting operations under low-impact licences

32F Access arrangement required for prospecting operations under low-impact licences

(1) In this section, relevant land means land in relation to which there are registered native title bodies corporate or registered native title claimants.

(2) A low-impact exploration licence is subject to the condition that the holder of the licence is not authorised to carry out prospecting operations on any relevant land otherwise than in accordance with an access arrangement under Division 2 of Part 8 between the holder of the licence and each registered native title body corporate or each registered native title claimant, being an access arrangement—

(a) that is agreed between them in accordance with that Division, or that is determined for them by an arbitrator in accordance with that Division, and

(b) that has involved consultation by the holder of the licence that satisfies the requirements of section 26A of the Commonwealth Native Title Act.

(3) This section does not apply in any case in which Division 2 of Part 8 is excluded because of section 138 (2) (which relates to prospecting title granted after compliance with the full native title right to negotiate procedure or an indigenous land use agreement).

(4) This section does not limit the operation of Division 2 of Part 8 with respect to landholders who are not native title holders.

s 32F: Ins 1998 No 88, Sch 5 [1]. Am 1999 No 31, Sch 2.23 [1]; 1999 No 43, Sch 1 [4].

32G

Renewal of low-impact licences

32G Renewal of low-impact licences

The requirements of this Division with respect to the grant of a low-impact exploration licence apply to the renewal of such a licence, subject to any modifications prescribed by the regulations.

s 32G: Ins 1998 No 88, Sch 5 [1].

Part 4

Assessment leases

Part 4 Assessment leases

Application for assessment lease

33 Application for assessment lease

(1) Any person may apply for an assessment lease.

(2) To avoid doubt, the owner of privately owned minerals may apply for an assessment (mineral owner) lease or any other assessment lease with respect to those minerals.

Note.

The owner of privately owned minerals may choose to apply for an ordinary assessment lease with respect to those minerals, rather than an assessment (mineral owner) lease. In relation to assessment (mineral owner) leases see section 42 (4).

(3) An application that relates to land in a mineral allocation area may not be made in relation to an allocated mineral except—

(a) by the holder of an exploration licence or mining lease over that land in respect of that mineral or group of minerals, or

(b) with the Minister’s consent.

(3A) An application that relates to land in a controlled release area may not be made in relation to a controlled release mineral except—

(a) by the holder of an exploration licence or mining lease over that land in respect of that mineral or group of minerals, or

(b) pursuant to an invitation under Schedule 1A (Competitive selection process for controlled release prospecting titles).

(4) An application for an assessment lease must—

(a) be lodged with the Secretary, and

(b) be accompanied by the application fee prescribed by the regulations, and

(c) be accompanied by the information, if any, specified by the regulations, and

(d) if the application is for an assessment (mineral owner) lease with respect to privately owned minerals that have more than one owner, be made by all the owners.

Note.

Section 129A requires an application for an assessment lease to be accompanied by a proposed work program.

(5), (6) (Repealed)

s 33: Am 1996 No 137, Sch 1 [15]. Subst 2008 No 19, Sch 1 [30]. Am 2015 No 39, Sch 1 [5]; 2015 No 40, Sch 1 [16] [17]; 2022 No 21, Sch 1[18] [19].

33A

Notice of application for assessment lease

33A Notice of application for assessment lease

(1) Within 14 days (or such other period as may be prescribed by the regulations) after lodging an application for an assessment lease, the applicant must cause notice of the application to be published in the way specified by the regulations.

(2) The notice must—

(a) state that an application for an assessment lease has been lodged, and

(b) contain a plan of the proposed assessment area, and

(c) comply with any other requirements that are prescribed by the regulations for the purposes of this subsection.

(3) This section does not apply to an application made pursuant to an invitation under Schedule 1A (Competitive selection process for controlled release prospecting titles).

s 33A: Ins 2008 No 19, Sch 1 [30]. Am 2015 No 39, Sch 1 [6]; 2022 No 21, Sch 1[20].

33B

Limit on subsequent applications

33B Limit on subsequent applications

If a person—

(a) applies for the grant or renewal of a mineral owner authority in relation to particular land and that application is refused, or

(b) was the holder of a mineral owner authority in relation to particular land when that authority was cancelled,

the person may not, within 2 years after that refusal or cancellation, apply for an assessment (mineral owner) lease in relation to that land except with the Minister’s consent.

s 33B: Ins 2008 No 19, Sch 1 [30].

34

34 (Repealed)

Exclusion of land from assessment lease application

35 Exclusion of land from assessment lease application

(1) The decision-maker may, by order in writing, direct that any part of the land to which an application for an assessment lease relates be excluded from the application.

(2) A direction takes effect on the date on which written notice of the direction is served on the applicant.

(3) This section does not apply to an application for an assessment (mineral owner) lease.

s 35: Subst 2008 No 19, Sch 1 [31].

Land in reserve or opal prospecting area

36 Land in reserve or opal prospecting area

An assessment lease may not be granted over any land within—

(a) an opal prospecting area, or

(b) a reserve in respect of which an order prohibiting the granting of assessment leases is in force under section 367.

Land subject to authority

37 Land subject to authority

(1) An assessment lease may not be granted over any land—

(a) the subject of an exploration licence that includes any mineral or minerals in respect of which the assessment lease is sought, or

(b) the subject of an assessment lease, mining lease or mineral claim, or

(c) the subject of an application for any of the following that was lodged before the application for the assessment lease—

(i) an exploration licence that includes a group of minerals in respect of which the assessment lease is sought,

(ii) an assessment lease,

(iii) a mining lease,

(iv) a mineral claim,

otherwise than to or with the written consent of the holder of, or the applicant for, that licence, lease or claim.

(1A) Despite subsection (1) (c) (i) and (ii), an assessment lease may be granted over land the subject of a preceding application for an exploration licence or assessment lease if—

(a) the application for the firstmentioned assessment lease was made pursuant to an invitation under Schedule 1A (Competitive selection process for controlled release prospecting titles), and

(b) that invitation was issued before the preceding application was lodged.

(2) A written consent given under this section is irrevocable.

(3) If, as a result of such a consent, an assessment lease is granted over any such land, that land—

(a) ceases to be subject to the exploration licence, assessment lease, mining lease or mineral claim concerned, or

(b) is excluded from the application for the exploration licence, assessment lease, mining lease or mineral claim concerned,

as the case requires, unless the decision-maker makes a determination under subsection (4).

(4) The decision-maker may determine that subsection (3) does not apply with respect to the land or to a part of the land if the decision-maker is satisfied that having the land or that part subject to both the lease and the other authorisation concerned will not make the exercise of rights under the lease or the other authorisation impracticable.

s 37: Am 2008 No 19, Sch 1 [32]–[34]; 2015 No 39, Sch 1 [7].

Land subject to exploration licence

38 Land subject to exploration licence

(1) If an application for an assessment lease is made in respect of land that is wholly or partly subject to one or more exploration licences (other than exploration licences that include any mineral or minerals in respect of which the assessment lease is sought), the decision-maker must cause notice of the application to be served on the holder of every such exploration licence.

(2) The holder of an exploration licence served with such a notice may object to the granting of the assessment lease by lodging with the Secretary, on or before the date specified in the notice, a written notice stating the grounds of the objection.

(3) Any such objection is to be taken into consideration by the decision-maker when determining the application.

(4) This section does not apply to an application that is made with the written consent of the holder of every exploration licence over the land concerned.

(5) A written consent given under this section is irrevocable.

s 38: Am 2008 No 19, Sch 1 [13] [35]; 2008 No 107, Sch 19 [3].

39

39, 40 (Repealed)

Power of decision-maker in relation to applications

41 Power of decision-maker in relation to applications

(1) After considering an application for an assessment lease, the decision-maker—

(a) may grant to the applicant an assessment lease over all or part of the land over which a lease was sought, or

(b) may refuse the application.

Note.

Schedule 1B contains provisions about the grant or refusal of an application for an assessment lease and the conditions to which an assessment lease is subject.

(2) The decision-maker may grant—

(a) a single assessment lease for 2 or more applications made by the same applicant, or

(b) 2 or more assessment leases to an applicant for a single application.

(3) The decision-maker may not grant an assessment lease under this section otherwise than in accordance with Part 1 of Schedule 1.

(4) However, Part 1 of Schedule 1 does not apply to an application for an assessment lease made—

(a) by the holder of a mining lease over the same land as that over which the assessment lease is sought, or

(b) pursuant to an invitation under Schedule 1A (Competitive selection process for controlled release prospecting titles).

s 41: Am 2008 No 19, Sch 1 [13] [37] [38]; 2014 No 10, Sch 1 [5] [6]; 2015 No 39, Sch 1 [8]; 2015 No 40, Sch 1 [20] [21]; 2022 No 21, Sch 1[21].

Land and minerals for which assessment lease may be granted

42 Land and minerals for which assessment lease may be granted

(1) An assessment lease may be granted over land of any title or tenure.

(2) An assessment lease may be granted in respect of any mineral or minerals, regardless of whether the mineral or minerals are publicly owned, privately owned or partly publicly and partly privately owned.

(3) An assessment lease may be granted over the surface of land, over the surface of land and the subsoil below the surface, over the surface of land and the subsoil down to a specified depth below the surface or over the subsoil below or between any specified depth or depths below the surface of land.

(4) However, an assessment (mineral owner) lease may be granted—

(a) only in respect of privately owned minerals, and

(b) only to the owner of those minerals.

s 42: Am 1999 No 43, Sch 1 [5]; 2008 No 19, Sch 1 [39].

Shape and dimensions of land over which assessment lease may be granted

43 Shape and dimensions of land over which assessment lease may be granted

(1) The land over which an assessment lease is granted may differ in size or shape from, but may not include land other than, the land over which the lease was sought.

(2) Subsection (1)—

(a) extends to the grant of a single assessment lease for 2 or more applications made by the same applicant, and

(b) as extended, applies as if the land over which the assessment lease was sought was the land over which the 2 or more assessment leases were sought.

s 43: Am 2022 No 21, Sch 1[22].

44

44 (Repealed)

44A

Activity approval required for assessable prospecting operations

44A Activity approval required for assessable prospecting operations

(1) An assessment lease is subject to a statutory condition that the holder must not carry out an assessable prospecting operation on land over which the lease is granted unless an activity approval has been obtained for the carrying out of the assessable prospecting operation in relation to that land and is in force.

(2) The holder of an assessment lease may apply in writing to the decision-maker for approval to carry out an assessable prospecting operation in relation to any part of the land over which the lease is granted (an activity approval).

(3) An application for an activity approval must include the information, if any, prescribed by the regulations.

(3A) The decision-maker may require the holder of an assessment lease to provide further information as required by the decision-maker, within the time specified by the decision-maker, before considering the application or at any time during consideration of the application.

(4) After considering the application for the activity approval, the decision-maker—

(a) may grant the activity approval, or

(b) may refuse the application.

(5) Without limiting the grounds for refusal, the application may be refused if the applicant fails to provide the information required by the decision-maker within the time required.

(6) An activity approval may be granted subject to terms.

(7) For the purposes of this Act, it is a statutory condition of an assessment lease that the holder must comply with any activity approval granted to the holder and in force.

(8) Clauses 7 (2)–(4), 10 (2), 12 and 14 of Schedule 1B apply to and in respect of the imposition of terms on, and variation of the terms of, an activity approval in the same way as they apply to and in respect of the imposition of conditions on, and the variation of the conditions of, an authorisation.

(9) The decision-maker may cancel an activity approval—

(a) if the holder of the activity approval lodges with the Secretary a request that the decision-maker cancel the activity approval, or

(b) if the decision-maker is satisfied that a person has contravened the activity approval (whether or not the person is prosecuted or convicted of any offence arising from the contravention).

(10) Before cancelling an activity approval, otherwise than at the request of the holder of the activity approval, the decision-maker is to cause a written notice to be served on the holder of the activity approval that contains the following—

(a) notice that the activity approval is proposed to be cancelled,

(b) details of the grounds for the proposed cancellation,

(c) notice that the holder of the activity approval has a specified period (of at least 28 days) in which to make representations with respect to the proposed cancellation.

(11) The decision-maker must not cancel an activity approval, otherwise than at the request of the holder of the activity approval, unless—

(a) the decision-maker has taken any such representations received from the holder of the activity approval into consideration, or

(b) the period specified in the notice has elapsed and no such representations have been received.

(12) The decision-maker is to cause written notice of the cancellation of an activity approval to be given to the holder of the activity approval.

(13) The cancellation takes effect on the date on which the written notice of the cancellation is given to the holder of the activity approval, or on a later date specified in the notice.

(14) Any person who is aggrieved by the decision of the decision-maker to cancel an activity approval held by the person may appeal to the Land and Environment Court against the decision. Section 128 applies to such an appeal as if it were an appeal against a decision to cancel an authority.

(15) The cancellation of an activity approval does not affect any liability incurred by the holder of the activity approval before the cancellation took effect.

(16) Action may be taken under subsection (9) (b) whether or not any other action has been taken in respect of the activity approval under this Act.

s 44A: Ins 2015 No 40, Sch 1 [23]. Am 2022 No 21, Sch 1[23].

Term of assessment lease

45 Term of assessment lease

An assessment lease—

(a) takes effect on the date on which it is granted or on such later date, or on the occurrence of such later event, as the decision-maker may determine, and

(b) ceases to have effect on the expiration of—

(i) 2 years after the date on which it took effect, in the case of an assessment (mineral owner) lease, or

(ii) such period (not exceeding 6 years) as the decision-maker determines, in the case of any other assessment lease.

s 45: Subst 2008 No 19, Sch 1 [40]. Am 2015 No 40, Sch 1 [24].

Form of assessment lease

46 Form of assessment lease

An assessment lease is to be in the approved form and is to include the following particulars—

(a) a description of the land over which it is granted,

(b) a list of the mineral or minerals in respect of which it is granted,

(c) the conditions to which it is subject,

(d) the period for which it is to have effect.

Note.

Schedule 1B provides that an assessment lease may be varied after it is granted.

s 46: Am 2015 No 40, Sch 1 [25].

Rights under assessment lease

47 Rights under assessment lease

(1) The holder of an assessment lease may, in accordance with the conditions of the lease, prospect on the land specified in the lease for the mineral or minerals so specified.

(2) If an application for a mining lease or mineral claim made by the holder of an assessment lease is not finally dealt with before the date on which the assessment lease would otherwise cease to have effect, the lease continues to have effect, in relation only to the land to which the application relates, until the application is finally dealt with.

Note.

An assessment lease is designed to allow retention of rights over an area in which a significant mineral deposit has been identified, if mining the deposit is not commercially viable in the short term but there is a reasonable prospect that it will be in the longer term. The holder is allowed to continue prospecting operations and to recover minerals in the course of assessing the viability of commercial mining.

s 47: Am 2000 No 90, Sch 2.1 [2].

47A

47A (Repealed)

Exempted areas

48 Exempted areas

(1) The holder of an assessment lease may not, except with the consent of the Minister, exercise a right conferred by the lease within the following land—

(a) land in a state conservation area within an exempted area,

(b) other land in an exempted area, unless an access arrangement under section 140 applies to the land.

(2) Such consent may be given either unconditionally or subject to conditions.

(3) Clauses 12 and 14 of Schedule 1B apply to the variation or suspension of a condition of consent granted under this section in the same way as they apply to the variation or suspension of a condition of an authorisation.

s 48: Am 2015 No 40, Sch 1 [26]; 2022 No 21, Sch 1[24].

Dwelling-houses, gardens and significant improvements

49 Dwelling-houses, gardens and significant improvements

(1) The holder of an assessment lease may not exercise any of the rights conferred by the lease over the surface of land—

(a) on which, or within the prescribed distance of which, is situated a dwelling-house that is the principal place of residence of the person occupying it, or

(b) on which, or within the prescribed distance of which, is situated any garden, or

(c) on which is situated any significant improvement other than an improvement constructed or used for ancillary mining activities only,

except with the written consent of the owner of the dwelling-house, garden or improvement (and, in the case of the dwelling-house, the written consent of its occupant).

(2) The prescribed distance is—

(a) 200 metres (or, if a greater distance is prescribed by the regulations, the greater distance) for the purposes of subsection (1) (a), and

(b) 50 metres (or, if a greater distance is prescribed by the regulations, the greater distance) for the purposes of subsection (1) (b).

(3) A written consent given under this section is irrevocable.

(4) This section does not apply with respect to a dwelling-house, garden or significant improvement owned by the holder of the assessment lease or, if the holder is a corporation, by a related corporation.

(5) If a dispute arises as to whether or not subsection (1) applies in a particular case, any party to the dispute may apply to the Land and Environment Court for a determination of the matter.

(6) The holder of the assessment lease is to pay the costs of the owner of the dwelling-house, garden or improvement (or occupant of the dwelling-house) in those proceedings in the Land and Environment Court.

(7) This section does not apply to the holder of an assessment lease who carries out a seismic survey on a road within the meaning of the Road Transport Act 2013, but only if the holder has given written notice of at least 21 days (or such other period as is prescribed by the regulations) of the carrying out of the seismic survey to the owner of the dwelling-house, garden or significant improvement concerned (and, in the case of a dwelling-house, the occupant).

s 49: Am 1992 No 111, Sch 1; 1996 No 137, Sch 1 [41] [42]; 1999 No 43, Sch 1 [2] [3]; 2000 No 90, Sch 2.1 [3]; 2008 No 19, Sch 1 [42]; 2008 No 68, Sch 1 [2] [3]; 2008 No 107, Sch 19 [5]; 2015 No 41, Sch 1 [2].

Assessment areas over which authority is subsequently granted

50 Assessment areas over which authority is subsequently granted

Land over which an assessment lease is granted and over which some other authority is subsequently granted ceases to be part of the assessment area when the other authority takes effect.

Part 5

Mining leases

Part 5 Mining leases

Application for mining lease

51 Application for mining lease

(1) Any person may apply for a mining lease.

(2) To avoid doubt, the owner of privately owned minerals may apply for a mining (mineral owner) lease or any other mining lease with respect to those minerals.

Note.

The owner of privately owned minerals may choose to apply for an ordinary mining lease with respect to those minerals, rather than a mining (mineral owner) lease. In relation to mining (mineral owner) leases see section 68 (4).

(3) An application that relates to land in a mineral allocation area may not be made in relation to an allocated mineral except—

(a) by the holder of an exploration licence, assessment lease or mining lease over that land in respect of that mineral, or

(b) with the Minister’s consent.

(3A) An application that relates to land in a controlled release area may not be made in relation to a controlled release mineral except by the holder of an exploration licence, assessment lease or mining lease over that land in respect of that mineral.

(4) An application for a mining lease must—

(a) be lodged with the Secretary, and

(b) be accompanied by the application fee, if any, prescribed by the regulations, and

(c) be accompanied by the information, if any, specified by the regulations, and

(d) if the application is for a mining (mineral owner) lease with respect to privately owned minerals that have more than one owner, be made by all the owners.

Note.

Section 129A requires an application for a mining lease to be accompanied by a proposed work program.

(5), (6) (Repealed)

s 51: Am 1996 No 137, Sch 1 [15] [59]–[61]. Subst 2008 No 19, Sch 1 [43]. Am 2015 No 39, Sch 1 [9] [10]; 2015 No 40, Sch 1 [27] [28]; 2017 No 27, Sch 1 [4]; 2022 No 21, Sch 1[25] [26].

51A

Notice of application for mining lease

51A Notice of application for mining lease

(1) Within 14 days (or such other period as may be prescribed by the regulations) after lodging an application for a mining lease, the applicant must cause notice of the application to be published in the way specified by the regulations.

(2) The notice must—

(a) state that an application for a mining lease has been lodged, and

(b) contain a plan of the proposed mining area, and

(c) comply with any other requirements that are prescribed by the regulations for the purposes of this subsection.

s 51A: Ins 2008 No 19, Sch 1 [43]. Am 2022 No 21, Sch 1[20].

51B

Limitation on subsequent applications

51B Limitation on subsequent applications

If a person—

(a) applies for the grant or renewal of a mineral owner authority in relation to particular land and that application is refused, or

(b) was the holder of a mineral owner authority in relation to particular land when that authority was cancelled,

the person may not, within 2 years after that refusal or cancellation, apply for a mining (mineral owner) lease in relation to that land except with the Minister’s consent.

s 51B: Ins 2008 No 19, Sch 1 [43].

Invitations for tenders

52 Invitations for tenders

(1) This section applies only to allocated minerals in land within a mineral allocation area and to controlled release minerals in land within a controlled release area.

(2) The Minister may, by notice published in the way specified by the regulations, invite tenders for a mining lease, other than a mining (mineral owner) lease, for—

(a) an allocated mineral within a mineral allocation area, or

(b) a controlled release mineral within a controlled release area.

(3) An invitation—

(a) must describe the land to which it relates, and

(b) must identify the allocated mineral or controlled release mineral to which it relates, and

(c) must specify the way in which, and the date on or before which, tenders for the mining lease should be lodged.

(4) Tenders may not be invited under this section otherwise than in accordance with Part 2 of Schedule 1.

s 52: Am 2008 No 19, Sch 1 [44]; 2015 No 39, Sch 1 [11]–[13]; 2022 No 21, Sch 1[12] [27].

Tenders

53 Tenders

(1) A tender for a mining lease—

(a) must be lodged with the Secretary in accordance with the invitation for the tender, and

(b) must be accompanied by the required information, and

(c) must be accompanied by the lodgment fee prescribed by the regulations.

Note.

Section 129A requires a tender for a mining lease to be accompanied by a proposed work program.

(2) The required information is as follows—

(a) particulars of the financial resources and relevant technical advice available to the tenderer,

(b) (Repealed)

(c) any other information that is specified in the tender invitation.

(3) A tender may specify that, in the event that the tender is successful, the tenderer will pay—

(a) a specified amount, or

(b) royalty, at a specified rate, over and above the royalty payable under Part 14, or

(c) both such an amount and royalty at such a rate,

in addition to the cash reserve price (if any) specified in the invitation for the tender.

(4) A tender may also specify—

(a) whether or not an amount referred to in subsection (3) (a) will be paid by way of instalments, and

(b) if such an amount is to be paid by way of instalments—the period (not exceeding 5 years) within which the amount will be paid.

(5) A tenderer is entitled to a refund of the fee referred to in subsection (1) (c) if a mining lease is not granted to the tenderer as a consequence of the tenderer being refused development consent to the use of the land concerned, or any part of the land, for the purpose of obtaining minerals.

s 53: Am 1996 No 137, Sch 1 [15]; 2008 No 19, Sch 1 [45]–[47]; 2015 No 40, Sch 1 [29] [30].

54

54 (Repealed)

Exclusion of land from application or tender

55 Exclusion of land from application or tender

(1) The decision-maker may, by order in writing, direct that any part of the land to which an application or tender for a mining lease relates be excluded from the application or tender.

(2) A direction takes effect on the date on which written notice of the direction is served on the applicant or tenderer.

(3) A tenderer affected by any such direction may amend the tender by written notice lodged with the Secretary on or before such date as may be specified in the direction.

(4) This section does not apply to an application for a mining (mineral owner) lease.

s 55: Am 2008 No 19, Sch 1 [48] [49].

56

56 (Repealed)

Land in reserve

57 Land in reserve

A mining lease may not be granted over any land within—

(a) (Repealed)

(b) a reserve in respect of which an order prohibiting the granting of mining leases is in force under section 367.

s 57: Am 1996 No 137, Sch 1 [108].

Land subject to authority

58 Land subject to authority

(1) A mining lease may not be granted over any land—

(a) the subject of an exploration licence that includes any mineral or minerals in respect of which the mining lease is sought, or

(b) the subject of an assessment lease, mining lease or mineral claim, or

(c) the subject of an application for any of the following that was lodged before the application for the firstmentioned mining lease—

(i) an exploration licence that includes minerals in respect of which the mining lease is sought,

(ii) an assessment lease,

(iii) a mining lease,

(iv) a mineral claim,

otherwise than to or with the written consent of the holder of, or the applicant for, that licence, lease or claim.

(2) A written consent given under this section is irrevocable.

(3) If, as a result of such a consent, a mining lease is granted over any such land, that land—

(a) ceases to be subject to the exploration licence, assessment lease, mining lease or mineral claim concerned, or

(b) is excluded from the application for the exploration licence, assessment lease, mining lease or mineral claim concerned,

as the case requires, unless the decision-maker makes a determination under subsection (4).

(4) The decision-maker may determine that subsection (3) does not apply with respect to the land or to a part of the land if the decision-maker is satisfied that having the land or that part subject to both the lease and the other authorisation concerned is not likely to make the exercise of rights under the lease or the other authorisation impracticable.

s 58: Am 2008 No 19, Sch 1 [51]–[53].

Land subject to exploration licence

59 Land subject to exploration licence

(1) If an application for a mining lease is lodged in respect of land that is subject wholly or partly to one or more exploration licences (other than exploration licences that include any mineral or minerals in respect of which the mining lease is sought), the decision-maker must cause notice of the application to be served on the holder of every such exploration licence.

(2) The holder of an exploration licence served with such a notice may object to the granting of the mining lease by lodging with the Secretary, on or before the date specified in the notice, a written notice stating the grounds of the objection.

(3) Any such objection is to be taken into consideration by the Minister when determining the application.

(4) This section does not apply to an application that is made with the written consent of the holder of every exploration licence over the land concerned.

(5) A written consent given under this section is irrevocable.

s 59: Am 2008 No 19, Sch 1 [13] [54]; 2008 No 107, Sch 19 [6].

60

60, 61 (Repealed)

Dwelling-houses, gardens and significant improvements

62 Dwelling-houses, gardens and significant improvements

(1) A mining lease may not be granted over the surface of any land—

(a) on which, or within the prescribed distance of which, is situated a dwelling-house that is the principal place of residence of the person occupying it, or

(b) on which, or within the prescribed distance of which, is situated any garden, or

(c) on which is situated anything that is taken to be a significant improvement under clause 23A of Schedule 1,

except with the written consent of the owner of the dwelling-house, garden or improvement (and, in the case of the dwelling-house, the written consent of its occupant).

(2) The prescribed distance is—

(a) 200 metres (or, if a greater distance is prescribed by the regulations, the greater distance) for the purposes of subsection (1) (a), and

(b) 50 metres (or, if a greater distance is prescribed by the regulations, the greater distance) for the purposes of subsection (1) (b).

(3) A written consent given under this section is irrevocable.

(4) Subsection (1) does not apply in respect of a dwelling-house, garden or significant improvement that was not in existence at the relevant date.

(5) The relevant date is—

(a) in the case of a mining lease the subject of a tender under section 53, the date on which notice of the invitation for tenders for the mining lease was published in the Gazette under section 136, or

(b) in the case of a mining lease the subject of an application made by the holder of an exploration licence granted as a result of a tender under section 15 in respect of the same land, or of an assessment lease granted over the same land to the holder of such an exploration licence, the date on which notice of the invitation for tenders for the exploration licence was published in the Gazette under section 136, or

(c) in the case of a mining lease for coal the subject of an application made by the holder of an exploration licence for coal in respect of the same land, or of an assessment lease for coal granted over the same land to the holder of such an exploration licence, the date on which the application for the exploration licence was lodged, or

(d) in the case of a mining lease the subject of an application made by the holder of an assessment lease or mineral claim over the same land, the date on which the lease or claim was granted, or

(e) in the case of a mining lease the subject of an application made otherwise than by a person referred to in paragraph (a), (b), (c) or (d), the date on which the application for the mining lease was lodged.

(6) This section does not apply with respect to a dwelling-house, garden or significant improvement owned by the applicant for the mining lease or, if the applicant is a corporation, by a related corporation.

(6A) If a dispute arises as to whether or not subsection (1) applies in a particular case, any party to the dispute may apply to the Land and Environment Court for a determination of the matter.

(6B) The applicant for the mining lease is to pay the costs of the owner of the dwelling-house, garden or improvement (or occupant of the dwelling-house) in those proceedings in the Land and Environment Court.

(7) A mining lease must not be granted over land below the surface of land referred to in subsection (1) except at such depths, and subject to such conditions, as the decision-maker considers sufficient to minimise damage to that surface.

(8) (Repealed)

s 62: Am 1992 No 111, Sch 1; 1996 No 137, Sch 1 [43]–[45]; 1999 No 43, Sch 1 [2] [3]; 2000 No 90, Sch 2.1 [4]; 2008 No 19, Sch 1 [13]; 2008 No 68, Sch 1 [2] [4]–[6]; 2008 No 107, Sch 19 [8]; 2010 No 135, Sch 16 [1] [2]; 2015 No 41, Sch 1 [3].

Power of decision-maker in relation to applications

63 Power of decision-maker in relation to applications

(1) After considering an application for a mining lease, the decision-maker—

(a) may grant to the applicant a mining lease over all or part of the land over which a lease was sought, or

(b) may refuse the application.

Note.

Schedule 1B contains provisions about the grant or refusal of an application for a mining lease.

(2) (Repealed)

(3) The decision-maker may grant—

(a) a single mining lease for 2 or more applications made by the same applicant, or

(b) 2 or more mining leases to an applicant for a single application.

(3A) A mining lease may not be granted until the mining lease fee prescribed by the regulations has been paid for the grant of the lease.

(4) A mining lease may not be granted under this section otherwise than in accordance with Part 2 of Schedule 1.

(5) A mining lease may not be granted, in respect of an ancillary mining activity or activities only, unless the decision-maker is satisfied that the ancillary mining activity or activities is or are to be carried out in the vicinity of and to directly facilitate—

(a) a mining lease in respect of a mineral or minerals, or

(b) a mineral claim,

being a mining lease or mineral claim that has been or is proposed to be granted.

(6) A mining lease must not be granted if—

(a) the application for the mining lease is for an ancillary mining activity or activities, and

(b) the ancillary mining activity or activities relate only to mining under a mining (mineral owner) lease, and

(c) the land that is to be subject to the mining lease is not owned by the holder of the mining (mineral owner) lease.

(7) The decision-maker, in deciding whether to grant or refuse an application for a mining lease for an ancillary mining activity or activities only, is to have regard to guidelines issued (and made publicly available) by the Secretary for the purposes of this subsection.

s 63: Am 1996 No 137, Sch 1 [16] [62]; 2008 No 19, Sch 1 [13] [57]–[60]; 2014 No 10, Sch 1 [7] [8]; 2015 No 40, Sch 1 [33] [34]; 2017 No 27, Sch 1 [4]–[7]; 2022 No 21, Sch 1[2] [29] [30].

Power of decision-maker in relation to tenders

64 Power of decision-maker in relation to tenders

(1) After considering a tender in respect of which one tender only is lodged, the Minister—

(a) may grant a mining lease to the tenderer, or

(b) may refuse the tender.

Note.

Schedule 1B contains provisions about the grant or refusal of a mining lease to a tenderer.

(2) After considering all tenders in respect of land in respect of which more than one tender is lodged, the Minister—

(a) may grant a mining lease to any one of the tenderers, or

(b) may refuse all of the tenders.

(3) (Repealed)

(4) For the purposes of this section, only one tender is lodged in respect of land if no other tender is lodged in respect of the land or any part of the land.

(5) A mining lease may not be granted under this section otherwise than in accordance with Part 2 of Schedule 1.

s 64: Am 2008 No 19, Sch 1 [61]; 2014 No 10, Sch 1 [9] [10]; 2015 No 40, Sch 1 [35] [36].

Development consents under Environmental Planning and Assessment Act 1979

65 Development consents under Environmental Planning and Assessment Act 1979

(1) The Minister must not grant a mining lease over land if development consent is required for activities to be carried out under the lease unless an appropriate development consent is in force in respect of the carrying out of those activities on the land.

Note.

Section 380AA prevents an application for development consent to mine coal from being made or granted unless the applicant is the holder of an authority that is in force in respect of coal and the land concerned.

(2) Nothing in this Act permits an activity, for which development consent is required, to be carried out without the consent being obtained in accordance with the Environmental Planning and Assessment Act 1979.

(3) If a mining lease is granted over land for which an appropriate development consent has been given (being a mining lease granted and a development consent given before the commencement of Schedule 7.11 to the Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005)—

(a) any condition (being a special purpose condition within the meaning of Division 2 of Part 2 of Schedule 1, as in force immediately before that commencement) imposed on the development consent by a consent authority, or by a body hearing an appeal from a consent authority, is void, and

(b) the development consent (to the extent only to which it relates to the use of the land concerned for the purpose of obtaining minerals) is taken to have been given free of the condition.

(4) In this section, a reference to granting a mining lease over land includes a reference to imposing a condition on a mining lease relating to the carrying out of an ancillary mining activity on land (whether or not within the mining area of the mining lease).

(5) The Minister may reject an application for a mining lease if the applicant, before the expiration of the period, if any, prescribed by the regulations or a longer period specified by the decision-maker, has failed to provide to the Minister evidence that—

(a) an application for the development consent required by this section has been made, or

(b) the development consent has been granted and is in force.

(6) To avoid doubt—

(a) an application rejected under this section is taken never to have been made, and

(b) the Minister is not required to notify the applicant before the rejection.

s 65: Am 1996 No 137, Sch 1 [63]; 2005 No 43, Sch 7.11 [1] (am 2005 No 98, Sch 2.20) [2]; 2013 No 88, Sch 1 [1]; 2014 No 10, Sch 1 [11]; 2017 No 27, Sch 1 [8]; 2022 No 21, Sch 1[31].

Survey of land to be carried out

66 Survey of land to be carried out

(1) Before a mining lease is granted, the Secretary must be satisfied that the land over which the mining lease is to be granted has been properly surveyed.

(2) For the purpose of doing so, the Secretary may direct the applicant for the mining lease to cause a survey to be prepared in accordance with such requirements as may be specified in the direction.

s 66: Am 2008 No 19, Sch 1 [62].

Recovery of public money expended on testing for minerals or research

67 Recovery of public money expended on testing for minerals or research

(1) If public money has been expended—

(a) in the course of testing any land (by way of drilling or otherwise) for the mineral bearing capacity of the land, or

(b) in the course of conducting an environmental impact study or other research program in connection with the proper assessment of any application for a mining lease that has been or may be made in respect of any land,

the Minister may, by notice in writing, require any applicant for a mining lease over the land or any part of the land to reimburse the Government, within the time specified in the notice, for the money, or any part of the money, so expended.

(2) The applicant may elect to pay—

(a) a lump sum of the amount specified in the notice as being the proportion of the cost (at current market rates) of carrying out the testing, impact study or research program that the Minister determines should be paid by the applicant, or

(b) instalments (of such amounts and paid at such times as may be specified in the notice) totalling the amount referred to in paragraph (a).

(3) It is a condition of any mining lease granted to an applicant who has been required to reimburse the Government under this section that any amount that remains unpaid as at the time the lease takes effect is to be paid to the Minister in accordance with the election made by the applicant.

(4) If public money has been expended in connection with several parcels of land, the amount so expended is to be apportioned among them in such manner as the Minister thinks fit.

Land and minerals for which mining lease may be granted

68 Land and minerals for which mining lease may be granted

(1) A mining lease may be granted over land of any title or tenure.

(2) A mining lease may be granted in respect of any mineral or minerals, regardless of whether the mineral or minerals are publicly owned, privately owned or partly publicly and partly privately owned.

(3) A mining lease may be granted over the surface of land, over the surface of land and the subsoil below the surface, over the surface of land and the subsoil down to a specified depth below the surface or over the subsoil between or below any specified depth or depths below the surface of land.

(4) However, a mining (mineral owner) lease may be granted—

(a) only in respect of privately owned minerals, and

(b) only to the owner of those minerals.

s 68: Am 1999 No 43, Sch 1 [6]; 2008 No 19, Sch 1 [63].

Shape and dimensions of land over which mining lease may be granted

69 Shape and dimensions of land over which mining lease may be granted

(1) The land over which a mining lease is granted may differ in size or shape from, but may not include land other than, the land over which the lease was sought.

(2) Subsection (1)—

(a) extends to the grant of a single mining lease for 2 or more applications made by the same applicant, and

(b) as extended, applies as if the land over which the mining lease was sought was the land over which the 2 or more mining leases were sought.

s 69: Am 2022 No 21, Sch 1[32].

70

70 (Repealed)

Term of mining lease

71 Term of mining lease

A mining lease—

(a) takes effect on the date on which it is granted or on such later date as the decision-maker may determine, and

(b) ceases to have effect at the expiration of such period as the decision-maker determines, being a period that must not exceed 21 years, except with the Premier’s concurrence.

s 71: Subst 2008 No 19, Sch 1 [67].

Form of mining lease

72 Form of mining lease

A mining lease is to include the following particulars—

(a) a description of the land over which it is granted,

(b) a list of the mineral or minerals, or the ancillary mining activity or activities, in respect of which it is granted,

(c) the conditions to which it is subject,

(d) the period for which it is to have effect.

s 72: Am 1996 No 137, Sch 1 [65]; 2008 No 19, Sch 1 [68]; 2017 No 27, Sch 1 [4].

Rights under mining lease

73 Rights under mining lease

(1) The holder of a mining lease granted in respect of a mineral or minerals may, in accordance with the conditions of the lease—

(a) prospect on the land specified in the lease for, and mine on that land, the mineral or minerals so specified, and

(b) carry out on that land such primary treatment operations (such as crushing, sizing, grading, washing and leaching) as are necessary to separate the mineral or minerals from the material from which they are recovered, and

(c) carry out on that land any ancillary mining activity.

(1A) The holder of a mining lease granted in respect of an ancillary mining activity or activities only may, in accordance with the conditions of the lease, carry out the ancillary mining activity or activities specified in the lease.

(2) While a mining lease is in force, the holder of the lease and any person acting as agent or employee of the holder, or delivering goods or providing services to the holder, for the purpose of a requirement of or an activity authorised by the lease may—

(a) for that purpose enter and be on the mining area, and

(b) do anything so authorised or required.

(3) In this section—

mining area includes, in relation to a lease that does not include the surface of land, any part of the surface of land on which the holder of the lease is authorised, in accordance with section 81, to carry out activities.

s 73: Am 1996 No 137, Sch 1 [66] [67]; 2008 No 19, Sch 1 [69]; 2017 No 27, Sch 1 [4] [5]; 2023 No 7, Sch 2.35.

74

74 (Repealed)

Ancillary mining activities

75 Ancillary mining activities

(1) The Minister may, by order in writing, direct that—

(a) a specified ancillary mining activity be carried out in accordance with any condition specified in the order, or

(b) the carrying out of a specified ancillary mining activity be discontinued for such period as is specified in the order.

(1A) Subsection (1) (b) does not apply to an ancillary mining activity specified in a mining lease granted in respect of an ancillary mining activity or activities only.

(2) An order takes effect on the date on which written notice of the order is served on the holder of the mining lease concerned or on such later date as may be specified in the notice.

(3) A person on whom an order is served must not contravene the order.

Maximum penalty—100 penalty units.

s 75: Am 1996 No 137, Sch 1 [68]; 2000 No 90, Sch 1.1 [5]; 2017 No 27, Sch 1 [5] .

Fencing of land subject to mining lease

76 Fencing of land subject to mining lease

(1) The holder of a mining lease may fence the whole or any part of the mining area.

(2) The holder of the mining lease must erect and maintain a fence around any unfenced shaft, machinery or other works on the surface of the mining area if required to do so by notice in writing—

(a) given by the landholder of the land concerned, or

(b) in the case of Crown land (within the meaning of the Crown Land Management Act 2016) for which there is no landholder other than the Crown—given by the Minister.

Maximum penalty—100 penalty units.

s 76: Am 1999 No 43, Sch 1 [7]; 2008 No 19, Sch 1 [71]; 2017 No 17, Sch 2.12 [3].

Addition of mineral to mineral mining lease

77 Addition of mineral to mineral mining lease

(1) The holder of a mining lease granted in respect of a mineral or minerals may apply for the inclusion in the lease of a mineral additional to the mineral or minerals to which the lease relates.

(2) The application must be lodged with the Secretary.

(3) The holder of a mining lease over any land must, within 21 days after lodging the application, serve a copy of the application on each landholder.

(4) After considering the application, the decision-maker—

(a) may, by order in writing served on the applicant, direct that the mining lease apply to the additional mineral specified in the direction, or

(b) may refuse the application.

(4A) A direction may be given in respect of a mining (mineral owner) lease only if the additional mineral is owned by the holder of that lease.

(5) A direction may be given unconditionally or subject to such conditions as are specified in the direction.

(6) While a direction is in force, the mining lease concerned is taken to extend to the mineral the subject of the direction.

s 77: Am 1996 No 137, Sch 1 [69]; 1999 No 43, Sch 1 [8]; 2008 No 19, Sch 1 [13] [72].

Inclusion of petroleum in mining lease

78 Inclusion of petroleum in mining lease

(1) The holder of a mining lease for coal may apply for the inclusion in the lease of petroleum.

(2) The application must be lodged with the Secretary.

(3) After considering the application, the Minister—

(a) may, by order in writing served on the applicant, direct that the mining lease apply to petroleum, or

(b) may refuse the application.

(4) Without limiting the generality of subsection (3), the Minister must refuse an application if the land to which the application relates—

(a) is within the New South Wales adjacent area, within the meaning of the Petroleum (Offshore) Act 1982, or

(b) is subject to a petroleum exploration licence or a petroleum mining lease granted under the Petroleum (Onshore) Act 1991.

(5) A direction may be given unconditionally or subject to such conditions as are specified in the direction.

(6) Without limiting the generality of subsection (5), the Minister may direct that a mining lease is to apply to petroleum subject to a condition relating to any one or more of the following matters—

(a) the limitation of the right to prospect or drill for petroleum to part only of the mining area,

(b) the limitation of that right to prospecting or drilling for some specified type or form of petroleum only,

(c) the working practices and methods of extraction to be used when prospecting or drilling for petroleum,

(d) the use to which any petroleum recovered may be put,

(e) the joint mining and development of petroleum with the holder of a mining lease, or with the holder of a petroleum mining lease under the Petroleum (Onshore) Act 1991, over land adjoining the mining area.

s 78: Am 1996 No 137, Sch 1 [109]; 2007 No 27, Sch 1.27 [1].

79

79, 80 (Repealed)

Surface activities in relation to subsurface leases

81 Surface activities in relation to subsurface leases

(1) The holder of a mining lease over any land (being a lease that does not include the surface of the land) may, with the consent of—

(a) the landholder, and

(b) the holder of any authority or mineral claim in force over the surface of the land,

carry out on the surface of the land any activities that are prescribed by the regulations.

(2) (Repealed)

(3) Part 11 applies to the land over which the holder of a mining lease carries out such prescribed activities as if that land were land the subject of the mining lease.

s 81: Am 1996 No 137, Sch 1 [31]; 1999 No 43, Sch 1 [9]; 2008 No 19, Sch 1 [74]–[76].

Certain resumptions, conveyances and transfers not to affect mining lease

82 Certain resumptions, conveyances and transfers not to affect mining lease

The conveyance, transfer or compulsory acquisition of land by or under any other Act or law (including the conveyance or transfer of the land under section 722 of the Local Government Act 1993) does not affect a mining lease, or any rights under a mining lease, and the mining lease and those rights continue to have effect as if the land had not been conveyed, transferred or acquired.

s 82: Am 1995 No 11, Sch 1 [1].

Mining areas over which an authority is subsequently granted

83 Mining areas over which an authority is subsequently granted

Land over which a mining lease is granted and over which some other authority is subsequently granted ceases to be part of the mining area when the subsequent authority takes effect.

83A

Mining subleases

83A Mining subleases

(1) The holder of a mining lease, other than a mining (mineral owner) lease, may grant a mining sublease with respect to all or part of the mining area under the mining lease (the head lease).

(2) A sublease may be renewed, or its term or conditions varied, according to law.

(3) However, the granting, renewal or variation of the term or a condition of a mining sublease has no effect for the purposes of this Act unless the sublease is registered in accordance with section 163A.

(4) A sublease that has been registered in accordance with section 163A ceases to have effect for the purposes of this Act if—

(a) the term of the sublease or head lease expires, or

(b) it ceases to have effect in accordance with the conditions of the sublease, or

(c) it is removed from the register of mining subleases in accordance with section 163B,

whichever occurs first.

(5) The holder of a mining sublease must not grant a further mining sublease with respect to all or any part of the sublease area.

(6) The granting, renewal or variation of the term or a condition or registration of a mining sublease does not prevent any action being taken under this Act (including variation, suspension or cancellation) in respect of the head lease.

s 83A: Ins 2004 No 75, Sch 1 [2]. Subst 2008 No 19, Sch 1 [77].

Part 6

Consolidation of mining leases

Part 6 Consolidation of mining leases

Definitions

84 Definitions

(1) In this Part—

existing lease means a mining lease that is in force, including a mining lease that is in force by virtue of section 117 (1).

holder, in relation to a proposed lease, means the holder of the existing leases specified in the proposed lease as the existing leases to be consolidated.

proposed lease means a proposed consolidated mining lease prepared under this Part or, if the lease is amended under this Part, the lease as so amended.

(2) A reference in this Part to the grant of a proposed lease is a reference to the grant of a consolidated mining lease in the same terms as those of the proposed lease.

s 84: Am 1996 No 137, Sch 1 [99].

Existing leases that may be consolidated

85 Existing leases that may be consolidated

Any 2 or more existing leases may be consolidated if the leases are held by the same person and relate to contiguous parcels of land or to parcels of land that are separated only by a road, stream or railway.

Preparation of proposed lease

86 Preparation of proposed lease

(1) The Minister may (on the application of the holder of the leases concerned or otherwise) cause a proposed lease to be prepared for the purpose of consolidating 2 or more existing leases.

(2) A proposed lease must specify—

(a) the existing leases to be consolidated, and

(b) the mineral or minerals in respect of which the proposed lease is to be granted, and

(c) the period for which the proposed lease is to be granted, and

(d) the conditions on which the proposed lease is to be granted,

and must have attached to it a description, prepared in the manner prescribed by the regulations, of the land over which the lease is to be granted.

Amendment of proposed lease

87 Amendment of proposed lease

(1) The Minister may, at any time after the preparation of a proposed lease, make such amendments to the lease as the Minister thinks fit.

(2) The Minister may, by such an amendment, specify existing leases to be added to, or excluded from, those to be consolidated by the proposed lease.

(3) The Minister may, at any time after the preparation of a proposed lease, determine that the consolidation should not proceed.

(4) Such a determination does not prevent the Minister—

(a) from proceeding with the consolidation at a later time, or

(b) from causing a further proposed lease to be prepared for the purpose of consolidating all or any of the existing leases concerned.

Notification of Planning Secretary

88 Notification of Planning Secretary

(1) Before granting a proposed lease, the Minister must cause notice of the proposal to be served on the Planning Secretary.

(2) Such a notice—

(a) must include a copy of the proposed lease, and

(b) must state that objections to the granting of the proposed lease, or proposals for the inclusion in the proposed lease of any condition, may be made to the Minister on or before the date specified in the notice.

(3) The date specified in a notice under this section must be a date occurring not less than 28 days after the date of service of the notice.

s 88: Am 2019 No 14, Sch 2.16[1]; 2022 No 21, Sch 1[33].

89

89 (Repealed)

Subsequent amendment of proposed lease

90 Subsequent amendment of proposed lease

(1) If—

(a) the Minister amends a proposed lease (otherwise than as a consequence of an objection or proposal made by the agency) after a copy has been served on a Government agency, and

(b) the Minister is of the opinion that the agency’s attitude to the proposed lease might be materially affected were the agency given a copy of the proposed lease as amended,

the Minister must cause to be served on the agency a notice setting out details of the amendment and stating that objections to the amendment may be made to the Minister on or before the date specified in the notice.

(2) The date specified in a notice under this section must be a date occurring not less than 28 days after the date of service of the notice.

Objections to granting of proposed mining lease

91 Objections to granting of proposed mining lease

(1) The Planning Secretary—

(a) may object to the granting of a proposed mining lease, or

(b) may propose that specified conditions be included in a proposed mining lease.

(2) (Repealed)

(3) An objection must be in writing and must be lodged with the Secretary of the Department on or before the date specified in the notice in that regard.

(4) (Repealed)

s 91: Am 1996 No 137, Sch 1 [102]; 2008 No 19, Sch 1 [78]; 2015 No 26, Sch 3.6[3]; 2022 No 21, Sch 1[34].

Resolution of objections

92 Resolution of objections

(1) The Minister may cause to be taken such steps as the Minister considers appropriate in connection with any objection or proposal made under this Division and, if agreement is not reached concerning the acceptance, modification or withdrawal of the objection or proposal, the matter is to be referred to the Premier.

(2) The Premier may give such decision as the Premier considers appropriate in relation to any matter that is so referred.

(3) (Repealed)

s 92: Am 2008 No 107, Sch 19 [9].

Granting of proposed lease if objection or proposal made

93 Granting of proposed lease if objection or proposal made

(1) If an objection to the granting of a proposed lease is duly made, the lease must not be granted unless the objection is withdrawn or otherwise resolved or is rejected by the Premier.

(2) A proposed lease must include—

(a) any condition proposed under this Division (unless the proposal for the inclusion of the condition is withdrawn or is rejected by the Premier) or, if such a condition is modified, the condition as so modified, and

(b) any condition directed by the Premier to be included in the lease.

(3) The failure to include a condition in a proposed lease does not affect the validity of the lease, but the Minister may, by instrument in writing, amend the lease so as to include the condition omitted.

(4) Despite clause 12 of Schedule 1B, a condition included in a proposed lease in accordance with a direction of the Premier may only be varied with the concurrence of the Premier.

s 93: Am 2015 No 40, Sch 1 [39].

Notification of holder of existing leases

94 Notification of holder of existing leases

(1) Before granting a proposed lease, the Minister must cause notice of the proposal to be served on the holder of the existing leases.

(2) Such a notice—

(a) must include a copy of the proposed lease, and

(b) must state that representations with respect to the granting of the proposed lease, or the conditions on which the proposed lease is to be granted, may be made to the Minister on or before the date specified in the notice.

(3) The date specified in a notice under this section must be a date occurring not less than 28 days after the date of service of the notice.

Subsequent amendment of proposed lease

95 Subsequent amendment of proposed lease

If—

(a) the Minister amends a proposed lease (otherwise than as a consequence of representations made by the holder of the existing leases) after a copy of the lease has been served on the holder, and

(b) the Minister is of the opinion that the holder’s attitude to the proposed lease might be materially affected were the holder given a copy of the proposed lease as amended,

the Minister must cause to be served on the holder a notice setting out details of the amendment and stating that representations concerning the amendment may be made to the Minister on or before the date specified in the notice.

Objections to granting of proposed lease

96 Objections to granting of proposed lease

The holder of the existing leases may, on or before the date specified in the relevant notice or within such further period as the Minister may allow, make such representations with respect to the matters referred to in the notice as the holder thinks fit.

Consideration of objections

97 Consideration of objections

The Minister is to take such steps (including the amendment of the proposed lease) as the Minister considers appropriate in connection with any representations made under this Division.

Minister may grant consolidated mining lease

98 Minister may grant consolidated mining lease

(1) After having complied with the requirements of this Part in respect of a proposed lease, the Minister may grant to the holder of the existing leases a consolidated mining lease in the same terms as those of the proposed lease.

(2) When a consolidated mining lease takes effect, each existing lease is taken to have been cancelled.

(3) The granting of a consolidated mining lease over land the subject of a mining lease in force by virtue of section 117 (1) does not constitute a renewal of that lease.

s 98: Am 1996 No 137, Sch 1 [100].

Land over which consolidated mining lease may be granted

99 Land over which consolidated mining lease may be granted

The land over which a consolidated mining lease may be granted is the aggregate of all of the land the subject of the existing leases.

100

Conditions of consolidated mining lease

100 Conditions of consolidated mining lease

A consolidated mining lease is subject to—

(a) a condition that the holder of the lease will not suspend mining operations in the mining area otherwise than in accordance with the written consent of the Minister, and

(b) such conditions as section 93 requires to be included in the lease, and

(c) such other conditions (if any) as the Minister imposes when the lease is granted, or at any other time under a power conferred by this Act.

s 100: Subst 2005 No 64, Sch 1.20 [2]. Am 2012 No 46, Sch 5.2 [8].

101

Term of consolidated mining lease

101 Term of consolidated mining lease

A consolidated mining lease—

(a) takes effect on the date on which it is granted or on such later date as the Minister may determine, and

(b) ceases to have effect at the expiration of such period (not extending beyond the first day by which all the existing leases that have been consolidated would, but for the consolidation, have expired) as the Minister may determine.

102

Form of consolidated mining lease

102 Form of consolidated mining lease

A consolidated mining lease is to be in the approved form and is to include the following particulars—

(a) a description of the land over which it is granted,

(b) a list of the mineral or minerals in respect of which it is granted,

(c) the conditions to which it is subject,

(d) the period for which it is to have effect.

103

Validity of consolidated mining lease not affected by certain defects

103 Validity of consolidated mining lease not affected by certain defects

(1) The validity of a consolidated mining lease is not affected—

(a) by the failure of any person to comply with this Act or the regulations in relation to the grant, renewal or transfer of an existing lease that has been consolidated, or

(b) by the inclusion in the area of land over which the consolidated mining lease has been granted of any land not subject to an existing lease.

(2) The Minister may amend a consolidated mining lease so as to exclude from the area of land the subject of the lease—

(a) any area of land the subject of an existing lease that appears to the Minister not to have been validly granted, renewed or transferred, and

(b) any area of land that appears to the Minister not to have been subject to an existing lease.

(3) An amendment takes effect on the date on which written notice of the amendment is served on the holder of the consolidated mining lease or on such later date as may be specified in the notice.

104

Application of this Act and other Acts to grant of consolidated mining leases

104 Application of this Act and other Acts to grant of consolidated mining leases

(1) Part 5 does not apply to or in respect of the grant of a consolidated mining lease.

(2) The provisions of any other Act prohibiting, regulating or restricting, or having the effect of prohibiting, regulating or restricting, the grant of a mining lease do not apply to the grant of a consolidated mining lease.

Division 6

105–107 (Repealed)

pt 6, div 6 (ss 105–107): Rep 2008 No 19, Sch 1 [79].

Division 7

Preservation of certain rights, liabilities etc on consolidation

Division 7 Preservation of certain rights, liabilities etc on consolidation

108

Liability generally preserved

108 Liability generally preserved

Except as otherwise provided by this Act, the cancellation of an existing lease as a result of the granting of a consolidated mining lease does not affect any liability of the person who was the holder of the lease immediately before the consolidated mining lease was granted.

109

Saving of interest in existing leases

109 Saving of interest in existing leases

(1) Any interest (whether legal or equitable) in, or affecting, an existing lease continues to have the same effect in respect of the consolidated mining lease as it had in respect of the existing lease immediately before the existing lease was consolidated.

(2) (Repealed)

s 109: Am 2008 No 107, Sch 19 [10].

110

Councils and development consents

110 Councils and development consents

(1) Any development consent granted with respect to development authorised by an existing lease is taken to have been granted with respect to development authorised by the consolidated mining lease, but in relation only to that part of the land that was subject to the existing lease.

(2) (Repealed)

s 110: Am 2005 No 43, Sch 7.11 [4].

111

111 (Repealed)

112

Rights of way

112 Rights of way

Any right of way indicated or described as referred to in section 164 in respect of an existing lease continues to have effect in respect of a consolidated mining lease in the same way as it had effect in respect of the existing lease.

s 112: Am 2004 No 75, Sch 1 [3].

Part 7

Renewal, transfer and cancellation of authorities

Part 7 Renewal, transfer and cancellation of authorities

113

Applications for renewal

113 Applications for renewal

(1) The holder of an authority may, from time to time, apply for the renewal of the authority.

(2) An application for the renewal of an authority must be lodged with the Secretary within the period, if any, prescribed by the regulations before the authority ceases to have effect.

(3) An application for renewal must be accompanied by the application fee prescribed by the regulations and any information that is prescribed by the regulations.

(4) (Repealed)

(5) If an application for the renewal of an authority is in respect of part only of the land subject to the authority, the application must be accompanied by a description, prepared in the manner prescribed by the regulations, of the land over which renewal of the authority is sought.

(5A) (Repealed)

(6) An application for the renewal of an exploration licence may be made in respect of one or more parts (but not more than such number of parts as may be prescribed by the regulations) of the exploration area.

(7) An application for the renewal of an assessment lease or a mining lease may be made in respect of the whole, or of any single part, of the assessment area or mining area.

(8) To avoid doubt, the holder of an exploration licence may apply for and be granted a renewal of the licence even if the holder is an applicant for or is granted an assessment lease or a mining lease with respect to some or all of the land in the exploration area.

s 113: Am 1996 No 137, Sch 1 [15]; 2008 No 19, Sch 1 [80] [81]; 2015 No 40, Sch 1 [40]; 2022 No 21, Sch 1[37] [38].

114

Power of decision-maker in relation to renewal applications

114 Power of decision-maker in relation to renewal applications

(1) After considering an application for the renewal of an authority, the decision-maker—

(a) may renew the authority, or

(b) may refuse the application.

Note.

Schedule 1B contains provisions about the grant or refusal of an application to renew an authority and the grounds for refusal of such an application.

(2) The period for which an authority is renewed may not on any one occasion exceed—

(a) in the case of an exploration licence or assessment lease—6 years, or

(b) in the case of a mining lease—21 years (or such longer period as the decision-maker may, with the concurrence of the Premier, determine).

(3) The decision-maker is not bound to renew an authority over the area nominated by the applicant.

(4) The area of land over which an authority is renewed may differ from the area of land over which the renewal of the authority is sought, but not so as to include any land that was not subject to the authority immediately before the renewal.

(5) The decision-maker may defer dealing with an application for the renewal of a mining lease over any land if the mining lease is the subject of action being taken under Part 6 in connection with the granting of a consolidated mining lease over that land.

s 114: Am 1996 No 137, Sch 1 [101]; 2008 No 19, Sch 1 [13] [82] [83]; 2014 No 10, Sch 1 [12]–[14]. Subst 2015 No 40, Sch 1 [41].

114A

Power of decision-maker in relation to renewal applications for exploration licences

114A Power of decision-maker in relation to renewal applications for exploration licences

(1) This section applies if the decision-maker is not satisfied that—

(a) the area of land over which renewal of an exploration licence is sought is genuinely required to support the proposed work program accompanying the application, or

(b) other special circumstances exist that justify the applicant retaining an area greater in size than that genuinely required to support the proposed work program.

(2) If this section applies, the decision-maker must—

(a) inform the applicant of—

(i) the decision-maker’s opinion, and

(ii) the area of land over which the decision-maker proposes to renew the exploration licence, and

(b) renew the exploration licence only over the area of land the decision-maker considers—

(i) to be genuinely required to support the proposed work program, or

(ii) for an area greater in size than that genuinely required to support the proposed work program—is justified by special circumstances.

(3) In deciding whether an area of land is genuinely required to support a proposed work program for the purposes of this section, the decision-maker may have regard to the matters specified by the regulations.

s 114A: Ins 2015 No 40, Sch 1 [41]. Am 2016 No 27, Sch 1.16 [1]. Subst 2022 No 21, Sch 1[39].

115

Notice of renewal to be served on holder of authority

115 Notice of renewal to be served on holder of authority

(1) The decision-maker must cause notice of renewal of an authority to be served on the holder of the authority.

(2) A notice of renewal of an authority must include the information, if any, prescribed by the regulations.

s 115: Am 2008 No 19, Sch 1 [13]; 2022 No 21, Sch 1[40].

116

Application to renew by only some holders of authority

116 Application to renew by only some holders of authority

(1) If an application for the renewal of an authority is not made in the names of all of the holders of the authority, the decision-maker may renew the authority only if satisfied each holder of the authority not applying for its renewal does not wish the authority to be renewed in the person’s name.

(2) The decision-maker may cause to be served on any holder of an authority not applying for its renewal a written notice—

(a) stating that an application for renewal of the authority has been lodged, and

(b) requiring the person, in such manner and on or before such date as is specified in the notice, to state whether or not that person wishes the authority to be renewed in that person’s name.

(3) If a person on whom such a notice is served fails to state whether or not the person wishes the authority to be renewed in that person’s name, the failure to do so is conclusive evidence that the person does not wish the authority to be renewed in that person’s name.

s 116: Am 2008 No 19, Sch 1 [13]; 2022 No 21, Sch 1[41].

117

Authority to have effect until application dealt with

117 Authority to have effect until application dealt with

(1) If an application for the renewal of an authority is not finally dealt with before the date on which the authority would otherwise cease to have effect, the authority continues to have effect, in relation only to the land to which the application relates, until the application is finally disposed of.

(2), (3) (Repealed)

s 117: Am 2008 No 19, Sch 1 [13]; 2015 No 40, Sch 1 [42].

118

Date from which renewal of authority has effect

118 Date from which renewal of authority has effect

(1) The renewal of an authority takes effect on the date on which the application for renewal is granted or on any later date, or on the occurrence of any later event, that the decision-maker may determine.

(2) (Repealed)

s 118: Am 2008 No 19, Sch 1 [84]; 2015 No 40, Sch 1 [43].

119

Partial renewals

119 Partial renewals

If an authority is renewed as to part only of the land to which the application for renewal relates, the authority ceases to have effect in relation to the remainder of the land on the date on which the renewal takes effect.

120

Application for approval of transfer

120 Application for approval of transfer

(1) The holder of an authority may apply for approval of the transfer of the authority.

(2) An application for approval must—

(a) be lodged with the Secretary, and

(b) include the information, if any, prescribed by the regulations, and

(c) be accompanied by the application fee, if any, prescribed by the regulations.

(3) The holder of an authority must not apply for a transfer of the authority unless the holder has notified any person who has an interest in the authority that is registered under section 161 of the proposed application.

s 120: Am 1996 No 137, Sch 1 [15]. Subst 2008 No 19, Sch 1 [85]. Am 2015 No 40, Sch 1 [44] [45]; 2022 No 21, Sch 1[42].

121

Power of decision-maker in relation to transfer approval applications

121 Power of decision-maker in relation to transfer approval applications

(1) After considering an application for approval of the transfer of an authority, the decision-maker may—

(a) approve the transfer in accordance with the application, or

(b) refuse the application.

Note.

Schedule 1B contains provisions about the grant or refusal of an application for approval of the transfer of an authority.

(2) (Repealed)

(3) An application for the transfer of a mineral owner authority may be approved only—

(a) if the proposed transferee is the owner of the minerals to which the authority relates, or

(b) if the proposed transferee is not the owner, subject to the condition that the transfer does not come into effect until the decision-maker notifies the applicant in writing that the decision-maker is satisfied that the proposed transferee has become the owner.

(4) In approving a full transfer, the decision-maker may, subject to this Act, vary the conditions of the authority or include further conditions in the authority.

(5) In approving a partial transfer, the decision-maker—

(a) may, subject to this Act, vary the conditions of the original authority, and

(b) is to determine the conditions of the new authority.

(6) (Repealed)

(7) The decision-maker is to give the applicant written notice of the outcome of the application.

(7A) If the application is approved, the decision-maker may, by written notice given to the proposed transferor and transferee, specify the following amounts, whether or not the amounts are the subject of a dispute or objection—

(a) an amount of unpaid royalties payable under the authority,

(b) other amounts payable to the Crown in connection with the authority, including interest, penalty tax or other penalties and costs payable under the Taxation Administration Act 1996.

(7B) A notice under subsection (7A) may be amended or revoked by the decision-maker.

(8) This section does not affect the operation of section 4.50 (Granting and modification of approval by approval body) of the Environmental Planning and Assessment Act 1979.

s 121: Subst 2008 No 19, Sch 1 [85]. Am 2014 No 10, Sch 1 [15] [16]; 2015 No 40, Sch 1 [46] [47]; 2019 No 14, Sch 2.16[2]; 2025 No 37, Sch 3[1].

122

Registration of transfers

122 Registration of transfers

(1) If the transfer of an authority has been approved, the transferor or transferee of the authority may, within 3 months after being notified of the approval, apply for registration of the transfer.

(2) Any such application must be—

(a) lodged with the Secretary, and

(b) accompanied by the application fee prescribed by the regulations, and

(c) accompanied by evidence that any security deposit required to be provided under section 261BAA has been provided.

(3) On receipt of an application that complies with subsection (2), the Secretary must register the transferee as the holder of the authority or, for a partial transfer, the new authority, unless—

(a) registration is prohibited by section 124 or 292YC, or

(b) any unpaid amounts specified in a notice given under section 121(7A) in relation to the transfer remain unpaid.

(4) On registration of a full transfer the transferee becomes the holder of the authority and any variation of the authority under this Division takes effect.

(5) On registration of a partial transfer—

(a) the original authority is taken to have been cancelled as to the area of the part transferred, and

(b) an authority over the part transferred is taken to have been granted to the transferee for the period from the date of registration until the date on which the original authority is due to expire and subject to the conditions determined under this Division, and

(c) the transferee becomes the holder of the new authority, and

(d) any variation of the original authority under this Division takes effect.

(6) An approval of a transfer of an authority lapses if—

(a) an application for registration of the transfer under this section has not been made within 3 months after the transferor and transferee of the authority were notified of the approval, or

(b) any unpaid amounts specified in a notice given under section 121(7A) in relation to the transfer remain unpaid—

(i) 3 months after the date on which the transferor and transferee of the authority were notified of the approval, or

(ii) by a later date approved by the Secretary.

s 122: Am 1996 No 137, Sch 1 [15]. Subst 2008 No 19, Sch 1 [85]. Am 2015 No 40, Sch 1 [48]–[50]; 2022 No 21, Sch 1[43]–[45]; 2025 No 37, Sch 3[2] [3].

123

123 (Repealed)

124

Caveats

124 Caveats

(1) A person claiming a legal or equitable interest in an authority may lodge with the Secretary a caveat, accompanied by the lodgment fee prescribed by the regulations, directing the Secretary not to register any transfer of the authority otherwise than in accordance with the provisions of the caveat.

(2) Unless sooner withdrawn, a caveat remains in force for the period of 3 months from the date on which it is lodged.

(3) While a caveat remains in force, a transfer of the authority to which it relates may not be registered in contravention of the provisions of the caveat otherwise than pursuant to an order of the Supreme Court directing the Secretary to register the transfer.

(4) At the expiration of the period for which a caveat is in force, a transfer of the authority to which it relates is to be registered unless, before the expiration of that period, the Secretary is served with an order of the Supreme Court prohibiting the Secretary from registering the transfer.

s 124: Am 1996 No 137, Sch 1 [15]; 2008 No 19, Sch 1 [86].

125

Grounds of cancellation of authorities

125 Grounds of cancellation of authorities

(1) The decision-maker may cancel an authority as to the whole or any part of the land to which it relates—

(a) if the holder of the authority lodges with the Secretary a request that the decision-maker cancel the authority as to the whole or part of the land, or

(b) if the decision-maker is satisfied that the holder of the authority has contravened a provision of this Act or the regulations (whether or not the holder is prosecuted or convicted of any offence arising from the contravention), or

(c) if the decision-maker is satisfied that a person has contravened a condition of the authority (whether or not the person is prosecuted or convicted of any offence arising from the contravention), or

(d) if the decision-maker is satisfied that the holder of the authority provided false or misleading information in or in connection with an application for or with respect to the authority or any report provided under this Act, or

(e) if the decision-maker is satisfied that the holder of the authority has failed to comply with the requirements of any agreement or assessment under Part 13 in relation to the payment of compensation, or

(f) if the holder of the authority is convicted of any offence relating to mining or minerals, or

(g) if the decision-maker is satisfied that the holder of the authority has failed to use the land the subject of the authority in good faith for the purposes for which the authority has been granted, or has used the land for a purpose other than that for which the authority has been granted, or

(h) if the decision-maker is satisfied that there has been a contravention of a direction under section 240 or 240AA, or

(i) if the decision-maker is satisfied that the land is required for a public purpose.

(2) A request lodged with the Secretary for the cancellation of an authority as to part only of the land to which it relates must be accompanied by a description, prepared in the manner prescribed by the regulations, of the land in respect of which the authority is to be retained.

(3) Action may be taken under this section whether or not any other action has been taken in respect of the authority under this Act.

s 125: Am 2000 No 90, Sch 2.1 [7] [8]; 2008 No 19, Sch 1 [13] [88] [89]; 2014 No 10, Sch 1 [17]–[22]. Subst 2015 No 40, Sch 1 [51]. Am 2022 No 59, Sch 1.24.

126

Cancellations of authorities

126 Cancellations of authorities

(1) Before cancelling an authority, otherwise than at the request of the holder of the authority, the decision-maker is to cause a written notice to be served on the holder of the authority that contains the following—

(a) notice that the authority is proposed to be cancelled,

(b) details of the grounds for the proposed cancellation,

(c) notice that the holder of the authority has a specified period (of at least 28 days) in which to make representations with respect to the proposed cancellation.

(2) The decision-maker must not cancel an authority, otherwise than at the request of the holder of the authority, unless—

(a) the decision-maker has taken any such representations received from the holder of the authority into consideration, or

(b) the period specified in the notice has elapsed and no such representations have been received.

(3) The decision-maker is to cause written notice of the cancellation of an authority to be given to the holder of the authority.

(4) The cancellation takes effect on the date on which the written notice of the cancellation is given to the holder of the authority, or on a later date specified in the notice.

(5) The cancellation of an authority does not affect any liability incurred by the holder of the authority before the cancellation took effect.

s 126: Am 2000 No 90, Sch 2.1 [9]–[12]. Subst 2008 No 19, Sch 1 [90]; 2015 No 40, Sch 1 [51].

127

Compensation for cancellation

127 Compensation for cancellation

(1) The holder of an authority is not entitled to compensation merely because the authority is cancelled.

(2) However, if an authority is cancelled on the ground that the whole or any part of the land concerned is required for a public purpose, the holder of the authority is entitled to compensation, of an amount to be determined by the Minister, for any mining improvements made to the land.

s 127: Am 2000 No 90, Sch 2.1 [13]; 2008 No 19, Sch 1 [91].

128

Appeals against decisions concerning cancellations

128 Appeals against decisions concerning cancellations

(1) Any person who is aggrieved by the decision of the decision-maker to cancel an authority held by the person, or of the decision of the decision-maker as to the amount of compensation payable as a consequence of its cancellation, may appeal to the Land and Environment Court against the decision.

(1A) Such an appeal is to be made—

(a) within 14 days after written notice of the cancellation or of the decision with respect to compensation, is served on the holder of the authority, or

(b) within such further period as the Land and Environment Court may allow.

(1B) In deciding whether or not to allow a further period for appeal, the Land and Environment Court is to have regard to—

(a) the circumstances that have prevented the appellant from making the appeal within the 14 days referred to in subsection (1A) (a), and

(b) the consequences to the appellant, and to persons other than the appellant, of a decision allowing a further period for appeal, and

(c) the consequences to the appellant, and to persons other than the appellant, of a decision refusing a further period for appeal, and

(d) the public interest.

(2) An appeal is to be heard by way of a new hearing, and fresh evidence, or evidence additional to the evidence available to the decision-maker when the decision was made, may be admitted in the hearing.

(3) Subject to any order made by the Land and Environment Court, the lodging of an appeal does not operate to stay the decision appealed against.

(4) The decision of the Land and Environment Court on an appeal is final and is to be given effect to as if it were the decision of the decision-maker.

(5) This section does not apply to a cancellation that was requested by the holder of the authority.

s 128: Am 1992 No 111, Sch 1; 2000 No 90, Sch 2.1 [14]–[16]; 2008 No 19, Sch 1 [13] [92] [93]; 2008 No 107, Sch 19 [11]; 2015 No 40, Sch 1 [52].

Part 8

Authorities generally

Part 8 Authorities generally

129

Holder of authority must be at least 18

129 Holder of authority must be at least 18

An authority may not be granted to an individual who has not attained the age of 18 years.

129A

Applications and tenders to be supported by proposed work program

129A Applications and tenders to be supported by proposed work program

An application for an authority, or a tender, must be accompanied by a proposed work program that—

(a) contains the information, if any, required by the regulations, and

(b) complies with the regulations, if any.

s 129A: Ins 2015 No 40, Sch 1 [53]. Subst 2022 No 21, Sch 1[46].

130

Withdrawal of application

130 Withdrawal of application

(1) An application or objection in relation to the grant, renewal, transfer or cancellation of an authority may be withdrawn by means of a notice of withdrawal signed by the applicant or objector and lodged with the Secretary and ceases to have effect when the notice is lodged.

(2) The withdrawal of an application or objection under this section is irrevocable.

131

Pending applications

131 Pending applications

For the purposes of this Act, an application for an authority is pending from the time it is lodged until the time it is finally disposed of.

132

Disputes as to priority of applications

132 Disputes as to priority of applications

Any dispute as to the priority of competing applications for authorities over the same land is to be determined by the Minister.

133

Nomination of authority holder by applicant or tenderer

133 Nomination of authority holder by applicant or tenderer

(1) An applicant or tenderer for an authority may, by notice in writing lodged with the Secretary, nominate a person to whom the authority is to be granted.

(2) The person nominated in an application or tender as the person to whom an authority is to be granted is, for the purposes of this Act, taken to be the applicant or tenderer for the authority.

(3) To avoid doubt, if 2 or more authorities are to be granted for a single application or tender, the applicant or tenderer may nominate 1 or more other persons under this section to be granted 1 or more of the authorities.

s 133: Am 1996 No 137, Sch 1 [110]; 2008 No 19, Sch 1 [94]; 2022 No 21, Sch 1[47].

134

Death etc of applicant

134 Death etc of applicant

An application for an authority made by a person who subsequently dies, becomes bankrupt or becomes a mentally incapacitated person—

(a) subsists for the benefit of the applicant’s estate, and

(b) may continue to be dealt with,

if the applicant’s legal representative or the manager of the applicant’s estate so requests.

135

135 (Repealed)

More sections below

Source text: opening excerpt

Sourced from legislation.nsw.gov.au, CC BY 4.0.

Part 1 Preliminary

1 Name of Act

This Act may be cited as the Mining Act 1992.

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

3 Act binds Crown

This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.

3A Objects

The objects of this Act are to encourage and facilitate the discovery and development of mineral resources in New South Wales, having regard to the need to encourage ecologically sustainable development, and in particular—

(a) to recognise and foster the significant social and economic benefits to New South Wales that result from the efficient development of mineral resources, and

(b) to provide an integrated framework for the effective regulation of authorisations for prospecting and mining operations, and

(c) to provide a framework for compensation to landholders for loss or damage resulting from such operations, and

(d) to ensure an appropriate return to the State from mineral resources, and

(e) to require the payment of security to provide for the rehabilitation of mine sites, and

(f) to ensure effective rehabilitation of disturbed land and water, and

(g) to ensure mineral resources are identified and developed in ways that minimise impacts on the environment.

s 3A: Ins 2008 No 19, Sch 1 [1].

4 Definitions

Expressions used in this Act that are defined in the Dictionary at the end of this Act have the meanings set out in the Dictionary.