6Unauthorised carrying out of designated ancillary mining activities

#### 6 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\[2\]–\[4\].