7BConditions of mining leases relating to ancillary mining activities

#### 7B Conditions of mining leases relating to ancillary mining activities 7B Conditions of mining leases relating to ancillary mining activities > > (1) Without limiting clause 7 (1) and (2), a condition imposed by the relevant decision-maker or prescribed by the regulations under that clause in the case of a mining lease may regulate the carrying out of one or more ancillary mining activities. > > > > Note. > > > > Section 65 (2) provides that 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](/view/html/inforce/current/act-1979-203). > > > (2) Without limiting subclause (1), a condition of a mining lease that regulates the carrying out of an ancillary mining activity may require any one or more of the following— > > > > > (a) that the ancillary mining activity be carried out in a specified manner in order to protect or prevent, control or mitigate harm to the environment, > > > > > (b) that, in specified circumstances, the ancillary mining activity not be carried out in order to protect or prevent, control or mitigate harm to the environment, > > > > > (c) that the holder of the mining lease rehabilitate land or water that is or may be affected by the carrying out of the ancillary mining activity, > > > > > (d) that the holder of the mining lease provide the Minister with reports detailing any non-compliance with the conditions of the mining lease, or any requirements of this Act or the regulations relating to activities under the authorisation, and any action taken, or to be taken, to prevent any recurrence, or to mitigate the effects of that non-compliance, > > > > > (e) that the holder of the mining lease provide reports regarding the carrying out of the ancillary mining activity (including compliance with conditions of the mining lease regarding the ancillary mining activity). > > > (3) A condition may regulate the carrying out of an ancillary mining activity on land that is not within the mining area that is the subject of the mining lease only if— > > > > > (a) the mining lease is a mining lease in respect of a mineral or minerals, and > > > > > (b) the ancillary mining activity is to be carried out in the vicinity of and to directly facilitate the mining lease concerned. > > > (4) Nothing in a condition referred to in subclause (3) authorises the carrying out of an ancillary mining activity (or the exercise of any power or right in connection with an ancillary mining activity) that is not authorised to be carried out (or exercised) under another Act or law. > > > (5) However, a reference to the following— > > > > > (a) an exercise of rights conferred by a lease in section 265 (Compensation arising under mining lease), > > > > > (b) an exercise of a right or power in section 383C (General immunity of landholders), > > > > includes a reference to the carrying out of the following activities— > > > > > (c) an activity required by a condition referred to in subclause (3), but not the carrying out of the ancillary mining activity itself, > > > > > (d) an activity consisting of the environmental management, protection or rehabilitation of land on which an ancillary mining activity is being or has been carried out in accordance with a condition referred to in subclause (3). > > > (6) A decision-maker, in deciding whether to impose a condition relating to an ancillary mining activity, is to have regard to guidelines issued (and made publicly available) by the Secretary for the purposes of this clause. > > > (7) A reference in this Act or the regulations to the carrying out of an activity under an authorisation (however expressed) is taken to include a reference to the carrying out of an ancillary mining activity that is regulated by a condition of a mining lease as referred to in this clause. > > > (8) For the avoidance of doubt, section 62 (Dwelling-houses, gardens and significant improvements) applies to the imposition of a condition referred to in this clause in the same way that it applies to the grant of a mining lease.