NSWIn ForceAct
Mining Act 1992
11ACertain activities taken not to be prospecting or mining
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#### 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.
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> > (2) A declaration referred to in subsection (1)—
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> > > (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
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> > > (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.
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> > (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—
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> > > (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
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> > > (b) to the person by whom royalty is payable as if the person were the holder of a mining lease.
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> **s 11A:** Ins 1996 No 137, Sch 1 \[10\]. Am 2008 No 19, Sch 1 \[4\]–\[6\]; 2014 No 37, Sch 4.1 \[1\].