11ACertain activities taken not to be prospecting or mining

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].