Part 1 Preliminary

Part 1 Preliminary

1 Name of Regulation

1 Name of Regulation

This Regulation is the Mining Regulation 2016.

2 Commencement

2 Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

3 Definitions

3 Definitions

(1) In this Regulation—

affected coal mining region means an area of the State prescribed by clause 89A.

agricultural lime means limestone sold or used for the purposes of application to land for agricultural purposes to improve the chemical and physical characteristics of the soil on that land.

appointed member means a member of a board who is appointed by the Minister.

area of operations of a board means the area for which the board is constituted.

block means a graticular section referred to in clause 10 or, if the Minister so directs in a particular case, part of such a graticular section.

board means a board of management constituted by the Minister under section 359 of the Act.

clay/shale does not include structural clay or clay or shale used in road making or as fill.

dimension stone means any rock, other than sandstone, that is quarried in blocks or slabs for building, decorative or other purposes.

excluded helium means helium in a naturally occurring mixture with 1 or more hydrocarbons, whether the mixture is in a gaseous, liquid or solid state.

Note—

Because excluded helium is not prescribed as a mineral it is a form of petroleum and is subject to the Petroleum (Onshore) Act 1991 instead of the Mining Act 1992. See—

(a)

the Mining Act 1992, Dictionary, definitions of mineral and petroleum, and

(b)

the Petroleum (Onshore) Act 1991, section 3(1), definition of petroleum, paragraph (c).

Expert Panel means a Royalties for Rejuvenation Expert Panel established by the Minister under the Act, section 292X.

geothermal energy means the heat energy contained or stored in rock, geothermal water or any other material occurring naturally within the earth.

grant anniversary date means the anniversary, each year, of the date on which an authorisation is granted.

Map Grid of Australia means a rectangular coordinate system using a Transverse Mercator projection with zones 6 degrees wide and based on the Geocentric Datum of Australia.

marker post means—

(a) a steel star picket, or

(b) a post with a diameter of at least 75 millimetres,

that is fixed in the ground and projects at least 1 metre above the ground.

other relevant legislation means the Acts (and the regulations and other instruments made under those Acts) specified in Schedule 5.

Panel Member, for Schedule 7A—see Schedule 7A, clause 1.

quartzite does not include sandstone.

rehabilitation cost estimate means an estimate of the rehabilitation costs in relation to any land or water, prepared and calculated in accordance with guidelines approved by the Secretary.

security deposit condition has the same meaning as in the Act, Part 12A.

standard map—see clause 9.

statutory surveying requirements means the requirements of the Surveying and Spatial Information Act 2002, and the regulations under that Act, in relation to the conduct of surveys.

structural clay means clay or shale used in the manufacture of fired clay building or construction products, such as bricks, pipes and quarry tiles.

survey mark includes a survey mark placed by the Secretary for the purpose of surveying or placed in accordance with the statutory surveying requirements.

the Act means the Mining Act 1992.

unit means a unit into which a block is divided as referred to in clause 10 (2) or, if the Minister so directs in a particular case, part of such a unit.

Note.

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(2) In this Regulation, protected reserve means a reserve—

(a) constituted under the Act, section 367(1), and

(b) subject to a direction under the following—

(i) for an exploration licence—the Act, section 367(2)(a),

(ii) for an assessment lease—the Act, section 367(2)(b),

(iii) for a mining lease—the Act, section 367(2)(c),

(iv) for a mineral claim—the Act, section 367(2)(d).

(3) In this Regulation, protected reserve also includes a reserve—

(a) constituted under the Mining Act 1973 before its repeal, and

(b) taken, under the Act, Schedule 6, clause 34, to be a reserve over which there is taken to be an order prohibiting the granting of—

(i) an authority, or

(ii) a mineral claim.

Note.

For the purposes of comparison, a number of provisions of this Regulation contain bracketed notes in headings drawing attention (“Former”) to equivalent or comparable (though not necessarily identical) provisions of the Mining Regulation 2010 (“2010 Reg”).

cl 3: Am 2022 (622), Sch 1[1]; 2022 (802), Sch 1[1] [2].

4

4 (Repealed)

5 Meaning of “mineral”

5 Meaning of “mineral”

(Former clause 5 of 2010 Reg)

The substances listed in Schedule 1 are prescribed as minerals for the purposes of the definition of mineral in the Dictionary to the Act.

6 Meaning of “group of minerals”

6 Meaning of “group of minerals”

(Former clause 6 of 2010 Reg)

(1) The groups of minerals listed in Schedule 2 are prescribed as groups of minerals for the purposes of the definition of group of minerals in the Dictionary to the Act.

(2) In relation to an application for an exploration (mineral owner) licence or to an exploration (mineral owner) licence that is in force, group of minerals means the group containing the privately owned mineral that is the subject of the relevant application or licence.

7 Meaning of “ancillary mining activity”

7 Meaning of “ancillary mining activity”

(Former clause 7 of 2010 Reg)

The following activities are prescribed as ancillary mining activities for the purposes of the definition of ancillary mining activity in the Dictionary to the Act—

(a) the construction, maintenance or use (in or in connection with mining operations) of any one or more of the following—

(i) any building or mining plant,

(ii) any road, railway, tramway, bridge or jetty,

(iii) any reservoir, dam, drain or water race,

(iv) any cable, conveyor, pipeline, telephone line or signalling system,

(v) any bin, magazine or fuel chute,

(vi) any plant nursery,

(b) opal puddling,

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

(d) the storage of fuel, machinery, timber or equipment for use in or in connection with mining operations,

(e) the generation and transmission of electricity for use in or in connection with mining operations,

(f) the construction, maintenance and use (in or in connection with mining operations) of any drillhole or shaft for—

(i) drainage of gas, or

(ii) drainage or conveyance of water, or

(iii) ventilation, or

(iv) conveyance of electricity, or

(v) conveyance of materials, or

(vi) communications, or

(vii) emergency access to underground workings,

(g) the environmental management, protection and rehabilitation of land on which an ancillary mining activity referred to in another paragraph of this clause is being or has been carried out.

cl 7: Am 2017 No 27, Sch 2 [2] [3].

8 Meaning of “landholder”

8 Meaning of “landholder”

For the Act, Dictionary, definition of landholder, paragraph (g)(v), the following persons are prescribed—

(a) Hunter Water Corporation Limited,

(b) other persons responsible for the control and management of water supply works in the Tomago Sandbeds Catchment Area, within the meaning of the Hunter Water Regulation 2015, Part 2.

cl 8: Subst 2022 (802), Sch 1[4].

9 Standard map

9 Standard map

(Former clause 9 of 2010 Reg)

(1) A map is a standard map for the purposes of this Regulation if it—

(a) shows the alignment of the boundaries of the land to which it relates relative to the Map Grid of Australia (MGA2020) and shows the coordinates of all points where there is a change in the direction of the boundaries, or

(b) if a map referred to in paragraph (a) is not available—is a cadastral map published by a Government Department or public authority, whether of New South Wales or of the Commonwealth, or

(c) if maps referred to in paragraphs (a) and (b) are not available—is an aerial photograph, a satellite image or topographic map of a standard acceptable to the Secretary.

(2) In this clause—

MGA2020 means the Geocentric Datum of Australia 2020 (GDA2020), using the Map Grid of Australia 2020 (MGA2020) standard map projection expressed in Universal Transverse Mercator (UTM) projection coordinates with zones 6 degrees wide.

cl 9: Am 2022 (802), Sch 1[5] [6].

10 Graticulation of the Earth’s surface

10 Graticulation of the Earth’s surface

(Former clause 10 of 2010 Reg)

(1) For the purposes of this Regulation, the surface of the Earth is taken to be divided into graticular sections—

(a) by the meridian of Greenwich and by the meridians that are at a distance from that meridian of 5 minutes, or a multiple of 5 minutes, of longitude, and

(b) by the equator and by parallels of latitude that are at a distance from the equator of 5 minutes, or a multiple of 5 minutes, of latitude,

each graticular section being bounded—

(c) by portions of 2 of those meridians that are at a distance from each other of 5 minutes of longitude, and

(d) by portions of 2 of those parallels of latitude that are at a distance from each other of 5 minutes of latitude.

(2) Each graticular section is taken to be divided into 25 units, each unit being bounded—

(a) by portions of 2 meridians (being the meridian of Greenwich or the meridians that are at a distance from that meridian of 1 minute, or a multiple of 1 minute, of longitude) that are at a distance from each other of 1 minute of longitude, and

(b) by portions of 2 parallels of latitude (being the equator or parallels of latitude that are at a distance from the equator of 1 minute, or a multiple of 1 minute, of latitude) that are at a distance from each other of 1 minute of latitude.

Part 2 Prospecting and mining generally

Part 2 Prospecting and mining generally

11 Exemption from unauthorised carrying out of ancillary mining activities in section 6

11 Exemption from unauthorised carrying out of ancillary mining activities in section 6

(Former clause 11 of 2010 Reg)

The Minister may, by order published in the Gazette, exempt any person or class of persons from the operation of section 6 of the Act with respect to the carrying out of a particular ancillary mining activity, or a class of ancillary mining activities, that is specified for the purposes of that section.

12 Fossicking

12 Fossicking

(Former clause 12 of 2010 Reg)

(1) A person who causes any soil, rock or other material to be disturbed in the course of work carried out for the purpose of fossicking for minerals must ensure that—

(a) the soil, rock or other material is removed and stockpiled separately, and

(b) after completion of the work, the soil, rock or other material is replaced in order to reconstruct the original soil profile.

Maximum penalty—50 penalty units.

(2) A person must not carry out work that includes any of the following activities for the purpose of fossicking—

(a) the use of any equipment other than hand-held implements on any land or waters that is subject to native title,

(b) the excavation or clearing of any land or waters that is subject to native title,

(c) the use of power-operated equipment for the purpose of surface disturbance, excavation or processing on any land,

(d) the use of explosives on any land,

(e) the damage or removal of any bushrock,

(f) the removal of more than the prescribed amount of material from any land during any single period of 48 hours,

(g) the disturbance of more than 1 cubic metre of any soil, rock or other material during any single period of 48 hours.

Maximum penalty—50 penalty units.

Note.

The language of part of this subclause mirrors the language of part of section 24LA (Low impact future acts) of the Native Title Act 1993 of the Commonwealth. That section refers, in part, to an act (in relation to particular land or waters) that does not consist of, authorise or otherwise involve “the excavation or clearing of any of the land or waters” or “mining (other than fossicking by using hand-held implements)”.

(2A) To avoid doubt, subclause (2) does not prevent the use of hand-held metal detectors or other hand-held equipment for detecting metal or metal objects.

(3) In this clause—

gemstone means a Group 6 or Group 7 mineral.

Note.

Group 6 and Group 7 minerals are listed in Schedule 2.

power-operated equipment means any equipment powered by mechanical or electrical means.

prescribed amount, in relation to material, means—

(a) 10 kilograms of mineral-bearing material (other than the material referred to in paragraphs (b)–(e)), or

(b) 5 kilograms of minerals (other than gold or gemstones), or

(c) 50 grams of gold (except where found as nuggets of 10 grams or greater), or

(d) 5 nuggets of 10 grams or greater of gold, or

(e) 100 grams of gemstones.

cl 12: Am 2022 (802), Sch 1[7].

13 Activities taken not to be prospecting or mining—the Act, s 11A

13 Activities taken not to be prospecting or mining—the Act, s 11A

(1) The Minister may, by order published in the Gazette, declare that a specified activity, or a specified class of activity, is not prospecting or mining for the purposes of the Act.

(2) For the Act, section 11A, an activity is declared not to be prospecting or mining for the purposes of the Act if the activity is specified in Schedule 3.

(3) A person who carries out an activity that is declared not to be prospecting or mining must pay a royalty to the Crown, in accordance with the Act, for publicly owned minerals recovered as a consequence of the carrying out of the activity.

(4) Subclause (3) does not apply to an activity specified in Schedule 3, clause 4.

cl 13: Subst 2022 (802), Sch 1[8].

Part 3 Authorities

Part 3 Authorities

Division 1 Exploration licences

Division 1 Exploration licences

14 Applications for exploration licences

14 Applications for exploration licences

(Former clause 14 of 2010 Reg)

(1) For the Act, section 13(4)(c), the following information must accompany an application for an exploration licence—

(a) a description, set out in the approved form, of the proposed exploration area,

(b) a statement that the proposed exploration area—

(i) contains no land within a protected reserve, or

(ii) contains land within a protected reserve, but the applicant understands that an exploration licence may not be granted over land within the reserve,

Note—

See the Act, section 18(b).

(c) a specification of the group or groups of minerals in relation to which the licence is sought,

(d) if the application is for an exploration licence over land the subject of another exploration licence for the same group or groups of minerals—the written consent of the holder of the other exploration licence,

(e) particulars of the financial resources and relevant technical advice available to the applicant,

(f) a statement, set out in the approved form, of the corporate compliance, environmental performance history and financial capability of the applicant,

(g) particulars of the applicant’s technical manager,

(h) for an application lodged on behalf of an applicant by an agent—evidence that the agent has authority to act on behalf of the applicant,

(i) for an exploration (mineral owner) licence—

(i) a specification of the privately owned mineral or minerals in relation to which the licence is sought, and

(ii) evidence of the applicant’s ownership of the mineral or minerals.

(1A) If there is more than 1 applicant for the licence, a reference in subclause (1) to the applicant is a reference to each applicant.

(2) For the purposes of confirming an applicant’s ownership of any mineral, the Secretary may require the applicant to provide further information, which may include written advice from an Australian legal practitioner certifying that the relevant evidence establishes that the applicant owns the mineral.

cl 14: Am 2022 (802), Sch 1[9].

15 Notices of application for exploration licences

15 Notices of application for exploration licences

(Former clause 15 of 2010 Reg)

(1) For the purposes of section 13A (1) of the Act, the prescribed period is within 45 days after receipt of confirmation from the Secretary that the application has been lodged.

(2) For the purposes of section 13A (2) (c) of the Act, the notice of an application for an exploration licence must be in the form, and include the information, required by the Secretary.

15A Information to accompany tenders for exploration licences—the Act, s 15

15A Information to accompany tenders for exploration licences—the Act, s 15

For the Act, section 15(2)(a), a tender for an exploration licence must be accompanied by the following information—

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

(b) particulars of the estimated amount of money that the tenderer proposes to expend on prospecting.

cl 15A: Ins 2022 (802), Sch 1[10].

16 Size and shape of land subject to exploration licences

16 Size and shape of land subject to exploration licences

(Former clause 16 of 2010 Reg)

(1) For the purposes of section 25 (1) of the Act, the land over which an exploration licence is granted must be measurable in units, but any area of land to which the exploration licence does not apply may be excluded from any particular unit.

(2) Despite subclause (1), the land over which an exploration (mineral owner) licence or an exploration licence is granted in respect of a Group 9 or Group 9A mineral may be of any shape or size.

Note.

Nothing in the Act or this Regulation requires the boundaries of an area that is intended to be comprised in an exploration licence to match or mirror the boundaries of 1 or more units.

cl 16: Am 2016 (719), Sch 2 [1].

17 Applications for low-impact exploration licences

17 Applications for low-impact exploration licences

(Former clause 17 of 2010 Reg)

For the purposes of section 32D (4) of the Act, a low-impact exploration licence is not to be granted during the period of 4 months following service of the notice of the application for the licence on the representative bodies referred to in section 32D (1) (c) of the Act.

18 Renewal of exploration licences

18 Renewal of exploration licences

(Former clause 18 of 2010 Reg)

(1) For the purposes of section 113 (3) of the Act, the following information is prescribed—

(a) the licence number or other identifying code for the licence and the date of expiry of the licence,

(b) the contact details of the current licence holder,

(c) (Repealed)

(d) particulars of the financial resources and relevant technical advice available to the applicant,

(d1) a statement, set out in the approved form, of the corporate compliance, environmental performance history and financial capability of the applicant,

(e) a renewal justification statement, that is, a statement that contains the following information—

(i) details of the operations carried out on the land comprised in the licence during the current term of the authority, including the following—

(A) the types of operations carried out,

(B) a map showing the location of operations carried out,

(C) any expenditure incurred in relation to those operations,

(ii) a summary of the results of such operations and the conclusions reached in relation to the potential resources of the land comprised in the licence,

(iia) a statement giving reasons the decision-maker should be satisfied of the matters referred to in the Act, section 114A(1)(a) and (b),

(iii) a statement giving the reasons for which the applicant considers the renewal to be justified,

(f) a work program for the proposed term of renewal that complies with the requirements of section 129A of the Act.

(2) In the case of an application for the renewal of an exploration licence in respect of part only of the land subject to the licence, the prescribed manner of describing the land over which renewal of the licence is sought is by means of—

(a) in the case of an exploration licence for Group 9 or Group 9A minerals—a standard map showing the boundaries of the land, or

Note.

Group 9 and Group 9A minerals are listed in Schedule 2.

(b) in the case of an exploration (mineral owner) licence—the lot and deposited plan numbers of the land, or

(c) in any other case—the area, block and unit references identifying the land, as determined in accordance with Schedule 4.

(3) For the purposes of section 113 (6) of the Act, the maximum number of parts of an exploration area in respect of which an application for the renewal of an exploration licence may be made is 5.

cl 18: Am 2022 (802), Sch 1[11]–[13].

19 Partial cancellation of exploration licences—manner of describing land

19 Partial cancellation of exploration licences—manner of describing land

(Former clause 19 of 2010 Reg)

In the case of an application for the cancellation of an exploration licence in respect of part only of the land subject to the licence, the prescribed manner of describing the land in respect of which the licence is to be retained is by means of—

(a) in the case of an exploration licence for Group 9 or Group 9A minerals—a standard map showing the boundaries of the land, or

Note.

Group 9 and Group 9A minerals are listed in Schedule 2.

(b) in the case of an exploration (mineral owner) licence—the lot and deposited plan numbers of the land, or

(c) in any other case—the area, block and unit references identifying the land, as determined in accordance with Schedule 4.

cl 19: Am 2022 (802), Sch 1[14].

20 Licences for operational allocation purposes

20 Licences for operational allocation purposes

(Former clause 19A of 2010 Reg)

(1) For the purposes of section 13C (2) (a) of the Act, the following are prescribed as operational allocation purposes—

(a) in relation to applications by holders of exploration licences or assessment leases—the purpose of both developing a better mine design proposal and recovering coal resources that would otherwise be likely to be sterilised,

(b) in relation to applications by holders of mining leases, each of the following—

(i) the purpose of extending the life of a mine,

(ii) the purpose of developing a better mine design,

(iii) the purpose of recovering coal resources that would otherwise be likely to be sterilised,

(iv) the purpose of obtaining an exploration licence for coal over the subsoil above or below the stratum to which the mining lease concerned relates or over the surface above the land to which that mining lease relates.

(2) For the purposes of section 13C (2) (b) of the Act, if the operational allocation purpose for which the relevant application under section 13C (1) of the Act is made is—

(a) one referred to in subclause (1) (a) or (b) (i), (ii) or (iii)—the area of land to which the application relates must not exceed an area equivalent to 33% of the area of the land to which the exploration licence, assessment lease or mining lease concerned relates, or

(b) one referred to in subclause (1) (b) (iv)—the boundary of subsoil or the surface area of the land to which the application relates must not exceed the boundary of the area of land to which the mining lease concerned relates.

Division 2 Assessment leases

Division 2 Assessment leases

21 Applications for assessment leases

21 Applications for assessment leases

(Former clause 20 of 2010 Reg)

(1) For the Act, section 33(4)(c), the following information must accompany an application for an assessment lease—

(a) a description, set out in the approved form, of the proposed assessment area,

(b) a statement that the proposed assessment area—

(i) contains no land within a protected reserve, or

(ii) contains land within a protected reserve, but the applicant understands that an assessment lease may not be granted over land within the reserve,

Note—

See the Act, section 36(b).

(c) an assessment of the mineral bearing capacity of land in the proposed assessment area and of the extent of any mineral deposits in the land,

(d) a specification of the mineral or minerals in relation to which the lease is sought,

(e) particulars of the financial resources and relevant technical advice available to the applicant,

(f) a statement, set out in the approved form, of the corporate compliance, environmental performance history and financial capability of the applicant,

(g) for an assessment (mineral owner) lease—

(i) a specification of the privately owned mineral or minerals in relation to which the lease is sought, and

(ii) evidence of the applicant’s ownership of the mineral or minerals.

(1A) If there is more than 1 applicant for the lease, a reference in subclause (1) to the applicant is a reference to each applicant.

(2) For the purposes of confirming an applicant’s ownership of any mineral, the Secretary may require the applicant to provide further information, which may include written advice from an Australian legal practitioner certifying that the relevant evidence establishes that the applicant owns the mineral.

cl 21: Am 2022 (802), Sch 1[15].

22 Notices of application for assessment leases

22 Notices of application for assessment leases

(Former clause 21 of 2010 Reg)

(1) For the purposes of section 33A (1) of the Act, the prescribed period is within 45 days after receipt of confirmation from the Secretary that the application has been lodged.

(2) For the purposes of section 33A (2) (c) of the Act, the notice of an application for an assessment lease must be in the form, and include the information, required by the Secretary.

23 Renewal of assessment leases

23 Renewal of assessment leases

(Former clause 22 of 2010 Reg)

(1) For the purposes of section 113 (3) of the Act, the following information is prescribed—

(a) the lease number or other identifying code for the lease and the date of expiry of the lease,

(b) the contact details of the current lease holder,

(c) (Repealed)

(d) particulars of the financial resources and relevant technical advice available to the applicant,

(d1) a statement, set out in the approved form, of the corporate compliance, environmental performance history and financial capability of the applicant,

(e) a renewal justification statement, that is, a statement that contains the following information—

(i) details of the operations carried out on the land comprised in the lease during the current term of the lease, including the following—

(A) the types of operations carried out,

(B) a map showing the location of operations carried out,

(C) any expenditure incurred in relation to those operations,

(ii) a summary of the known resources, and potential resources, on the land comprised in the lease,

(iii) a summary of the potential for the development of resources on the land comprised in the lease,

(iv) a statement giving the reasons for which the applicant considers the renewal to be justified,

(f) a work program for the proposed term of renewal that complies with the requirements of section 129A of the Act.

(2) In the case of an application for the renewal of an assessment lease in respect of part only of the land subject to the lease, the prescribed manner for describing the land over which renewal of the lease is sought is by means of—

(a) a standard map showing the boundaries of the land, or

(b) in the case of an application in respect of an assessment (mineral owner) lease—the lot and deposited plan numbers of the land, or

(c) a description of the area, block and unit references identifying the land, as determined in accordance with Schedule 4.

cl 23: Am 2022 (802), Sch 1[11] [16].

24 Partial cancellation of assessment leases—manner of describing land

24 Partial cancellation of assessment leases—manner of describing land

(Former clause 23 of 2010 Reg)

In the case of an application for the cancellation of an assessment lease as to part only of the land to which the lease relates, the prescribed manner for describing the land in respect of which the lease is to be retained is by means of—

(a) a standard map showing the boundaries of the land, or

(b) in the case of an assessment (mineral owner) lease—the lot and deposited plan numbers of the land, or

(c) a description of the area, block and unit references identifying the land, as determined in accordance with Schedule 4.

cl 24: Am 2022 (802), Sch 1[14].

Division 3 Mining leases

Division 3 Mining leases

25 Applications for mining leases

25 Applications for mining leases

(Former clause 24 of 2010 Reg)

(1) For the Act, section 51(4)(c), the following information must accompany an application for a mining lease—

(a) a description, set out in the approved form, of the proposed mining area,

(b) a statement that the proposed mining area—

(i) contains no land within a protected reserve, or

(ii) contains land within a protected reserve, but the applicant understands that a mining lease may not be granted over land within the reserve,

Note—

See the Act, section 57(b).

(c) an assessment of the mineral bearing capacity of land in the proposed mining area and of the extent of any mineral deposits in the land,

(d) a specification of the mineral or minerals, or the ancillary mining activity or activities, in relation to which the lease is sought,

(e) particulars of the financial resources and relevant technical advice available to the applicant,

(f) a statement, set out in the approved form, of the corporate compliance, environmental performance history and financial capability of the applicant,

(g) for a mining (mineral owner) lease—

(i) a specification of the privately owned mineral or minerals in relation to which the lease is sought, and

(ii) evidence of the applicant’s ownership of the mineral or minerals.

(1A) If there is more than 1 applicant for the lease, a reference in subclause (1) to the applicant is a reference to each applicant.

(2) For the purposes of confirming an applicant’s ownership of any mineral, the Secretary may require the applicant to provide further information, which may include written advice from an Australian legal practitioner certifying that the relevant evidence establishes that the applicant owns the mineral.

cl 25: Am 2022 (802), Sch 1[17].

26 Notices of application for mining leases

26 Notices of application for mining leases

(Former clause 25 of 2010 Reg)

(1) For the purposes of section 51A (1) of the Act, the prescribed period is within 45 days after receipt of confirmation from the Secretary that the application has been lodged.

(2) For the purposes of section 51A (2) (c) of the Act, the notice of an application for a mining lease must be in the form, and include the information, required by the Secretary.

26A Prescribed period for providing evidence of development application or development consent—the Act, s 65

26A Prescribed period for providing evidence of development application or development consent—the Act, s 65

For the Act, section 65(5), the following periods are prescribed—

(a) for evidence that an application for the development consent required by the Act, section 65 has been made—3 years after the date the application for the mining lease is made,

(b) for evidence that the development consent has been granted and is in force—3 years after the date the application for the development consent is made.

cl 26A: Ins 2022 (802), Sch 1[18].

27 Surface activities in relation to subsurface leases

27 Surface activities in relation to subsurface leases

(Former clause 26 of 2010 Reg)

For the purposes of section 81 (1) of the Act, the following activities are prescribed—

(a) prospecting operations,

(b) the construction, maintenance and use (in or in connection with mining operations) of any drillhole or shaft for the following—

(i) drainage of gas,

(ii) drainage or conveyance of water,

(iii) ventilation,

(iv) conveyance of electricity,

(v) conveyance of materials,

(vi) communications,

(vii) emergency access to underground workings,

(c) the rehabilitation of surface disturbance.

cl 27: Am 2022 (802), Sch 1[19].

28 Renewal of mining leases

28 Renewal of mining leases

(Former clause 27 of 2010 Reg)

(1) For the purposes of section 113 (3) of the Act, the following information is prescribed—

(a) the lease number or other identifying code for the lease and the date of expiry of the lease,

(b) the contact details of the current lease holder,

(c) (Repealed)

(c1) a statement, set out in the approved form, of the corporate compliance, environmental performance history and financial capability of the applicant,

(d) a renewal justification statement, that is, a statement that contains the following information—

(i) details of the operations carried out on the land comprised in the lease during the current term of the lease, including the following—

(A) the types of operations carried out,

(B) a map showing the location of operations carried out,

(ii) a summary of the resources on the land comprised in the lease,

(iii) a statement giving the reasons for which the applicant considers the renewal to be justified,

(e) a work program for the proposed term of renewal that complies with the requirements of section 129A of the Act.

(2) In the case of an application for the renewal of a mining lease in respect of part only of the land subject to the mining lease, the prescribed manner of describing the land that will be subject to the mining lease if the application is approved is by means of—

(a) a plan prepared in accordance with the statutory surveying requirements, or

(b) in the case of a mining (mineral owner) lease—the lot and deposited plan numbers of the land.

cl 28: Am 2022 (802), Sch 1[11] [20].

29 Partial cancellation of mining leases—manner of describing land

29 Partial cancellation of mining leases—manner of describing land

(Former clause 28 of 2010 Reg)

In the case of an application for the cancellation of a mining lease in respect of part only of the land subject to the mining lease, the prescribed manner of describing the land in respect of which the lease is to be retained is by means of—

(a) a plan prepared in accordance with the statutory surveying requirements, or

(b) in the case of a mining (mineral owner) lease—the lot and deposited plan numbers of the land.

cl 29: Am 2022 (802), Sch 1[14].

30

30 (Repealed)

31 Preparation of proposed consolidated mining leases—manner of describing land

31 Preparation of proposed consolidated mining leases—manner of describing land

(Former clause 30 of 2010 Reg)

For the purposes of section 86 (2) of the Act, the prescribed manner of describing the land over which a consolidated mining lease is proposed to be granted is by means of a compilation or survey of the various plans relating to the leases to be consolidated.

31A Standard conditions of mining leases

31A Standard conditions of mining leases

(1) For the purposes of the Act, Schedule 1B, clause 7, the provisions of Schedule 8A, Part 2 are prescribed as conditions of a mining lease.

Note—

A contravention of a condition of a mining lease by a person—

(a) constitutes an offence under the Act, section 378D by each holder of the lease, and

(b) if committed by a corporation, constitutes an executive liability offence, and

(c) is grounds for cancellation of the lease under the Act, section 125.

(2) The conditions do not apply to a mining lease that is in force on the commencement day—

(a) for a large mine—until the day that is 12 months after the commencement day, or

(b) for a small mine—until the day that is 24 months after the commencement day.

(3) In this clause—

commencement day means the day on which the Mining Amendment (Standard Conditions of Mining Leases—Rehabilitation) Regulation 2021 commences

large mine and small mine have the same meanings as in Schedule 8A.

cl 31A: Ins 2021 (360), Sch 1[1].

Division 4 Variation, renewal and transfer of authorities

Division 4 Variation, renewal and transfer of authorities

pt 3, div 4, hdg: Am 2022 (802), Sch 1[22].

32 Review of determination of applications for variation of prospecting operations under low-impact exploration licences

32 Review of determination of applications for variation of prospecting operations under low-impact exploration licences

(Former clause 31 of 2010 Reg)

For the purposes of section 32EA (3) (b) of the Act, the following information is prescribed—

(a) a copy of the determination in respect of which a review is sought,

(b) a statement of reasons as to why the determination should be changed.

32A Publication requirements to vary prescribed conditions—the Act, Sch 1B, cl 13

32A Publication requirements to vary prescribed conditions—the Act, Sch 1B, cl 13

For the Act, Schedule 1B, clause 13(1)(a), a notice must be published—

(a) in at least 1 newspaper circulating generally in the State, and

(b) on the website of the Department.

cl 32A: Ins 2022 (802), Sch 1[23].

32B Prescribed period for applications for renewal of authorities—the Act, s 113

32B Prescribed period for applications for renewal of authorities—the Act, s 113

For the Act, section 113(2), an application for the renewal of an authority must be lodged with the Secretary as follows—

(a) for the renewal of a mining lease for 1 year or less, an exploration licence or an assessment lease—within the period of 3 months before the licence or lease ceases to have effect,

(b) for the renewal of a mining lease for more than 1 year—not earlier than 5 years and not later than 1 year before the lease ceases to have effect.

cl 32B: Ins 2022 (802), Sch 1[23].

32C Matters for deciding whether land genuinely required—the Act, s 114A

32C Matters for deciding whether land genuinely required—the Act, s 114A

For the Act, section 114A(3), a decision-maker may have regard to the following matters in deciding whether an area of land is genuinely required to support a proposed work program—

(a) the applicant’s performance measured against previous work programs for the exploration licence,

(b) the renewal justification statement mentioned in clause 18(1)(e),

(c) information or reports provided under a requirement of—

(i) the Act, or

(ii) this Regulation, or

(iii) a condition of the exploration licence.

cl 32C: Ins 2022 (802), Sch 1[23].

32D Information included in notice of renewal of authorities—the Act, s 115

32D Information included in notice of renewal of authorities—the Act, s 115

For the Act, section 115(2), a notice of renewal of an authority must include the following information—

(a) any amendments to the conditions of the authority,

(b) the period for which the authority is renewed,

(c) if the area of land over which the authority is renewed differs from the area subject to the authority immediately before the renewal—a description of the land over which the authority is renewed.

cl 32D: Ins 2022 (802), Sch 1[23].

33 Transfer of authorities

33 Transfer of authorities

(Former clause 32 of 2010 Reg)

(1) For the Act, section 120(2)(b), an application for approval of the transfer of an authority must be accompanied by the following information—

(a) the authority number or other identifying code for the authority that is to be transferred,

(b) the name of the holder of the authority,

(c) the name and written consent of the proposed transferee,

(d) a statement, set out in the approved form, of the corporate compliance, environmental performance history and financial capability of the proposed transferee,

(e) in the case of the proposed transfer of a mining lease—details of how the land that is the subject of the proposed transfer will be mined,

(f) particulars of financial resources available to the proposed transferee,

(g) in the case of the proposed transfer of an exploration licence or an assessment lease—particulars of the proposed work program,

(h) particulars of any technical advice available to the proposed transferee,

(i) (Repealed)

(j) a description of the land prepared in the manner prescribed by subclause (2).

(2) The prescribed manner of describing the land to be transferred in respect of an application for the partial transfer of an authority is by means of—

(a) in the case of an exploration licence—

(i) in respect of Group 9 or Group 9A minerals—a standard map showing the boundaries of the land, or

Note.

Group 9 and Group 9A minerals are listed in Schedule 2.

(ii) in any other case—by means of the area, block and unit references identifying the land, as determined in accordance with Schedule 4, or

(b) in the case of an assessment lease—

(i) a standard map showing the boundaries of the land, or

(ii) the area, block and unit references identifying the land, as determined in accordance with Schedule 4, or

(c) in the case of a mining lease—a plan drawn in accordance with the statutory surveying requirements, or

(d) in the case of a mineral owner authority—

(i) the lot and deposited plan numbers of the land, or

(ii) a standard map showing the boundaries of the land.

cl 33: Am 2022 (802), Sch 1[11] [24] [25].

Division 5 Authorities generally

Division 5 Authorities generally

34 Exemptions from or variations of requirements to describe land

34 Exemptions from or variations of requirements to describe land

(Former clause 33 of 2010 Reg)

(1) This clause applies to the requirements contained in clauses 18 (2), 19, 23 (2), 24, 28 (2), 29 and 33 (2).

(2) The Secretary may grant an exemption from, or vary, part or all of a requirement to which this clause applies if satisfied that—

(a) the requirement in whole or in part is unduly onerous, or

(b) the Department holds a current survey of the relevant boundaries of the land.

35 Work programs accompanying applications for authorities and tenders—the Act, s 129A

35 Work programs accompanying applications for authorities and tenders—the Act, s 129A

(1) For the Act, section 129A, a work program for an application for an authority, or a tender, must—

(a) indicate the nature and extent of operations to be carried out under the authority, and

(b) set out commitments relating to the conduct of the operations, including the timing of the operations, and

(c) provide for the carrying out of activities, including community consultation and environmental management and rehabilitation, in connection with, or ancillary to, the operations, and

(d) for an application, or a tender, for an exploration licence or an assessment lease—include particulars of the estimated amount of money that the applicant proposes to spend on carrying out operations and activities in the authority area.

(2) For an application for a mining lease, the requirements in subclause (1)(a)–(c) may be satisfied by providing a current development consent under the Environmental Planning and Assessment Act 1979 for the development, within the meaning of that Act, in relation to which the mining lease is being applied for.

cl 35: Subst 2022 (802), Sch 1[26].

36 Records concerning authorities

36 Records concerning authorities

(Former clause 34 of 2010 Reg)

(1) For the purposes of section 159 (2) of the Act, the record required to be kept must be kept in written or electronic form and must contain the following particulars—

(a) the application number, the departmental file number, the type of authority and its authority number or other identifying code,

(b) the date on which the authority was first granted and, if relevant, the date of the expiration or cancellation of the authority,

(c) the name and address of each applicant or holder of the authority,

(d) the address of each applicant or holder of the authority, or of the registered office of any such person,

(e) a description of the authority area,

(f) the annual rental fee area for an authority granted or proposed to be granted, if the Secretary is required to keep a record of the annual rental fee area under Division 2 of Part 8,

(g) the mineral or minerals, or the group or groups of minerals, to which the authority relates,

(h) in the case of a mining lease granted in respect of one or more ancillary mining activities—the ancillary mining activity or ancillary mining activities to which the authority relates,

(i) the period for which the authority is to have effect,

(j) the current status of the authority (for example, “current”, “expired” or “cancelled”),

(k) any interest in the authority registered under section 161 of the Act,

(l) the amount of security that is required or held in relation to the authority,

(m) the royalty rate that applies to the authority,

(n) the name and address of the colliery or mine to which the authority relates, if relevant.

(2) For the purposes of sections 159 (3) and 161 (9) of the Act, the prescribed office of the Department is the Maitland office.

37 Register of colliery holdings

37 Register of colliery holdings

(Former clause 35 of 2010 Reg)

(1) For the purposes of section 163 (1) of the Act, the register of colliery holdings must be kept in written or electronic form.

(2) For the purposes of section 163 (2) (b) of the Act, the register of colliery holdings must contain the following particulars for each colliery holding—

(a) the name and address of each person who has an interest in the colliery holding,

(b) a description of the land comprised in the colliery holding,

(c) the current status of the land (that is, “subject to mining lease” or “not subject to mining lease”).

(3) For the purposes of section 163 (10) of the Act, the prescribed office of the Department at which the register of colliery holdings must be kept is Maitland.

38 Registration of mining subleases

38 Registration of mining subleases

(Former clause 36 of 2010 Reg)

(1) For the purposes of section 163A (1) of the Act, the following information must be recorded in the register of mining subleases—

(a) details of the lease being sublet,

(b) a description of the sublease area,

(c) the term of the sublease, including the date of commencement and expiry,

(d) the name of each sublessee of the sublease area,

(e) the name of the primary lessee of the lease being sublet,

(f) the sublease number or other identifying code for the sublease.

(2) For the purposes of section 163A (4) (f) of the Act, the following information must accompany an application for registration—

(a) the name and contact details of each sublessee,

(b) the consent of each sublessor,

(c) the date of commencement and expiry of the sublease,

(d) the consent of any persons with a registered interest in the lease being sublet.

(3) For the purposes of section 163A (7) of the Act, an application to register, renew or vary a sublease is exempt from the requirement to obtain the approval of the Minister under section 163A (3) of the Act if—

(a) the sublessee is the leaseholder of an adjoining lease or sublease area, and

(b) the total sublease area (including the area of any adjoining subleases) does not exceed 100 hectares, and

(c) the term of the sublease does not exceed 5 years, including any consecutive sublease periods and options for extension.

(4) For the purposes of section 163A (8) of the Act, the prescribed office of the Department at which the register of mining subleases must be kept is Maitland.

39 Rights of way

39 Rights of way

(Former clause 37 of 2010 Reg)

(1) For the purposes of section 164 (1) of the Act, a right of way to which the holder of an authority (other than a mineral owner authority) is entitled is to be—

(a) indicated by marker posts located along the route of the right of way in accordance with this clause, or

(b) indicated or described in such other manner as is agreed in writing by the landholder and the holder of the authority.

(2) The marker posts are to be located—

(a) at the start and finish of the right of way, and

(b) at intervals of not more than 250 metres, and

(c) at each point where the route of the right of way changes direction.

(3) A marker post referred to in subclause (2) must bear a tag showing—

(a) the coordinates of the post’s position, and

(b) the authority number or other identifying code for the authority, and

(c) the name of the holder of the authority.

(4) For the purposes of subclause (3) (a), the coordinates of a marker post—

(a) are to be established by means of a Global Positioning System device, and

(b) must be identified in the Map Grid of Australia coordinate system.

(5) Provided that the requirements referred to in subclause (3) are met by each holder of an authority for which a marker post indicates the right of way, the same marker post may be used to indicate a right of way in relation to 2 or more authorities.

(6) The holder of the authority must prepare a map of the right of way and cause copies of the map to be given to each landholder affected by the right of way.

(7) A map referred to in subclause (6) must describe the route of the right of way (which must be no more than 10 metres wide) and must indicate the coordinates of the position of each picket or post.

(8) Each holder of an authority who is entitled to the right of way must ensure that a marker post referred to in subclause (2) is properly maintained.

Maximum penalty—20 penalty units.

(9) For the purposes of section 164 (6) of the Act, the exercise of a right of way conferred by that section is subject to the following conditions—

(a) the holder of the authority who is entitled to the right of way is to pay to the landholder such amount, by way of compensation, as is agreed in writing by the holder of the authority and the landholder (or, in default of agreement, as is assessed by the Land and Environment Court at the request of the holder of the authority or the landholder),

(b) if the right of way passes over—

(i) any garden, orchard or land under cultivation, or

(ii) any land on which is situated a significant improvement,

being land that was, when the right of way was marked out, land of that nature, the holder of the authority who is entitled to the right of way is not to exercise the right of way otherwise than in accordance with the consent of the landholder.

Division 6 Land access arbitration

Division 6 Land access arbitration

pt 3, div 6: Ins 2016 (719), Sch 2 [2].

39A Procedure for appointment of person as member of Arbitration Panel

39A Procedure for appointment of person as member of Arbitration Panel

For the purposes of section 139 (2) of the Act, the Minister must, before appointing a person as a member of the Arbitration Panel—

(a) publish a notice inviting applications for appointment to the Arbitration Panel in at least 1 newspaper circulating generally in Australia, and

(b) give notice to at least 1 independent arbitration body recognised in New South Wales, inviting applications for appointment as a member of the Arbitration Panel, and

(c) establish an Assessment Panel, comprising the following 3 members—

(i) 1 person who is an Australian legal practitioner of at least 7 years’ standing who has, in the opinion of the Minister, extensive arbitration experience,

(ii) 1 person nominated by the Minister for Primary Industries,

(iii) 1 person nominated by the Minister, and

(d) direct the Assessment Panel to—

(i) evaluate applications for appointment to the Arbitration Panel, having regard to the eligibility criteria specified in clause 39B, and

(ii) make recommendations for appointment to the Minister, and

(e) have regard to any recommendations made by the Assessment Panel, and

(f) consult with the Minister for Aboriginal Affairs and the Minister for Primary Industries on any proposed appointee.

cl 39A: Ins 2016 (719), Sch 2 [2].

39B Eligibility for appointment as member of Arbitration Panel

39B Eligibility for appointment as member of Arbitration Panel

For the purposes of section 139 (3) of the Act, a person is eligible for appointment as a member of the Arbitration Panel if—

(a) the person—

(i) is an arbitration or mediation professional who holds an accreditation or membership with a relevant professional body, or

(ii) has at least 7 years arbitration or mediation experience, and

(b) the person—

(i) has at least 7 years agricultural or resources experience, or

(ii) is an Australian legal practitioner of at least 7 years standing who has extensive litigation experience.

(c) (Repealed)

cl 39B: Ins 2016 (719), Sch 2 [2]. Am 2025 (456), Sch 1.

39C Maximum term of office as member of Arbitration Panel

39C Maximum term of office as member of Arbitration Panel

For the purposes of section 139 (4) of the Act, the maximum period prescribed for a single term of office as a member of the Arbitration Panel is 3 years.

cl 39C: Ins 2016 (719), Sch 2 [2].

39D Making of complaints about Arbitration Panel arbitrators

39D Making of complaints about Arbitration Panel arbitrators

For the purposes of section 158B (3) (a) of the Act, a complaint made about an arbitrator appointed under section 144 or 145A (7) (b) of the Act—

(a) must be made in writing to the Secretary, and

(b) must be made within 14 days after the subject matter of the complaint first becomes known to the person making the complaint, unless the Secretary considers special circumstances exist that warrant a complaint being permitted to be made after that date.

cl 39D: Ins 2016 (719), Sch 2 [2].

39E Investigation by Secretary of complaints about Arbitration Panel arbitrators

39E Investigation by Secretary of complaints about Arbitration Panel arbitrators

(1) For the purposes of section 158B (3) (b) of the Act—

(a) the Secretary must provide notice of a complaint made under section 158B (1) of the Act by a party to an arbitration to—

(i) the other party to the arbitration, and

(ii) the arbitrator who is the subject of the complaint, and

(b) that notice must include—

(i) the name and address of the party making the complaint, and

(ii) details about the nature of the complaint, and

(iii) details of any evidence provided by the party making the complaint that supports the complaint.

(2) The Secretary must—

(a) provide an arbitrator the subject of a complaint under section 158B (1) of the Act with a reasonable opportunity to make any submissions about the complaint, and

(b) take any submissions made by the arbitrator into consideration when determining whether to remove the arbitrator under section 158B (1) of the Act.

(3) Any determination of the Secretary in relation to a complaint against an arbitrator must—

(a) be in writing, and

(b) set out the reasons for the determination made in relation to the complaint, and

(c) be given to the party that made the complaint, and the arbitrator who is the subject of the complaint, as soon as practicable.

cl 39E: Ins 2016 (719), Sch 2 [2].

39F Costs relating to access arrangements

39F Costs relating to access arrangements

For the purposes of section 142 (2F) of the Act, the payment of costs is not required unless documentary evidence of the incurring of those costs (including costs relating to time spent participating in negotiating the access arrangement) has been provided to the holder of the prospecting title.

cl 39F: Ins 2016 (719), Sch 2 [2].

Part 4 Small-scale titles

Part 4 Small-scale titles

40 Marking out of proposed claim areas

40 Marking out of proposed claim areas

(Former clause 38 of 2010 Reg)

(1) For the purposes of section 176 (1) of the Act, a proposed claim area is to be marked out with marker posts located along the boundaries of the proposed claim area.

(2) A marker post may be used to mark out more than one claim area (proposed or otherwise), but only with the written consent of each applicant for the mineral claim relating to that area or of each holder of that claim area.

(3) The area marked out for a proposed mineral claim must, as far as practicable, be square or rectangular in shape and no side of the area may exceed 200 metres in length.

(4) The marker posts are to be located at each point where the boundaries change direction.

(5) The boundaries of the proposed claim area are to be indicated—

(a) by means of trenches at least 150 millimetres in depth, or

(b) if the cutting of trenches is impracticable, by means of stone walls at least 150 millimetres in height,

extending along the boundaries for a distance of at least one metre from each marker post.

(6) If it is impractical to comply with subclause (5), steel direction indicators must be attached to each marker post showing the alignment of the claim boundaries. The steel direction indicators must be of a design acceptable to the Secretary.

(7) There is to be attached to—

(a) the marker post indicating the northernmost corner of the proposed claim area, or

(b) if there are 2 or more such posts, the easternmost of them,

a board or plate (made of wood or metal) to which is fixed a notice of the proposed mineral claim.

(8) The notice is to contain the following particulars—

(a) the words “MINERAL CLAIM” in block letters prominently displayed at the head of the notice,

(b) the dimensions of the land over which the proposed mineral claim has been marked out,

(c) the date on which the proposed mineral claim was marked out,

(d) the name and address of the applicant for the proposed mineral claim.

(9) As soon as practicable (but not later than 14 days) after a mineral claim is granted, the holder of the claim must include the following particulars on the notice—

(a) the date on which the mineral claim was granted,

(b) the mineral claim number or other identifying code for the mineral claim.

(10) The requirements of subclause (9) are satisfied if the holder of the mineral claim replaces the notice with a new notice containing the particulars required by subclauses (8) and (9).

(11) The applicant for a mineral claim must ensure that any marker post and any notice required by this clause is properly maintained and replaced, if lost or damaged, until the application is determined and, if the claim is granted, while the claim is in force.

Maximum penalty—20 penalty units.

41 Notices of intention to apply for mineral claims

41 Notices of intention to apply for mineral claims

(Former clause 39 of 2010 Reg)

(1) For the purposes of section 176 (2) of the Act—

(a) the area marked out for a proposed mineral claim must, as far as practicable, be square or rectangular in shape, and

(b) no side of the area may exceed 200 metres in length.

(2) For the purposes of section 177 (2) of the Act, the land to which an application for a mineral claim relates must be identified on a map of at least 1:100,000 scale that clearly indicates the extent and location of that land relative to property boundaries and man-made features such as roads, fences and buildings.

(3) The notice of the proposed application for a mineral claim that is served on a landholder under section 177 of the Act must include a copy of an information sheet (if any) that—

(a) outlines a landholder’s right to object to the application, and

(b) has been prepared by the Secretary and made available to proposed applicants for the purposes of this subclause.

42 Applications for granting of mineral claims

42 Applications for granting of mineral claims

(Former clause 40 of 2010 Reg)

(1) For the Act, section 178(2)(b), an application for a mineral claim must identify the land to which the application relates in a manner that clearly indicates—

(a) the location of each marker post used to mark out the proposed claim area, and

(b) the length of each boundary of the proposed claim area, and

(c) the location of any right of way or routes giving access to the proposed claim area as provided for in an access management plan registered under section 236I of the Act.

(2) The land must be identified by a map on which the land is shown in some distinctive manner, indicating the distance and bearing of each side of the proposed claim area and a connection, by distance and bearing, to a survey mark.

(3) The following information must also be included in an application for the granting of a mineral claim—

(a) the name of the applicant,

(b) if the applicant is an individual—the date of birth of the applicant,

(c) the address and contact details of the applicant,

(d) if the applicant is a corporation—the name of each director of that corporation,

(e) a statement, set out in the approved form, of the corporate compliance, environmental performance history and financial capability of the applicant,

(f) details of any other claims or areas applied for (whether or not held or applied for by the applicant) with which that claim will be worked as part of a single mining operation,

(g) details of the proposed method of mining,

(h) a specification of the mineral or minerals, or the ancillary mining activity or activities, in relation to which the mineral claim is sought,

(i) a statement that the proposed claim area—

(i) contains no land within a protected reserve, or

(ii) contains land within a protected reserve, but the applicant understands that a mineral claim may not be granted over land within the reserve,

Note—

See the Act, section 182(1)(b).

(j) a copy of the notice required to be given under the Act, section 177 and a statement by the applicant that the notice was given as required.

(4) Despite clause 94 (1), an application for the granting of a mineral claim must be lodged as follows—

(a) in relation to land within the Lightning Ridge Mineral Claims District—in person at the Lightning Ridge office of the Department,

(b) in relation to land within the White Cliffs Mineral Claims District—

(i) in person at, or by post or facsimile to, the Lightning Ridge office of the Department, or

(ii) electronically.

Note.

Clause 94 contains provisions relating to the lodgment of applications.

cl 42: Am 2022 (802), Sch 1[27]–[30]; 2025 (241), Sch 1[1].

43 Determination of order of dealing with simultaneous applications for mineral claims

43 Determination of order of dealing with simultaneous applications for mineral claims

(Former clause 41 of 2010 Reg)

(1) For the purposes of section 190 (6) of the Act, the prescribed manner of determining the order in which simultaneous applications for mineral claims are to be dealt with is for the Secretary to conduct a lottery in accordance with the following provisions—

(a) the names of each of the applicants are to be written on separate tickets, each of the same size and shape,

(b) the tickets are to be placed in a box or other receptacle and thoroughly mixed,

(c) the Secretary is then, without looking, to select each of the tickets, one by one, from the box or receptacle.

(2) The lottery may be conducted in the presence of any applicant or representative of an applicant.

(3) The applications are to be dealt with in the order in which the tickets bearing the applicants’ names are drawn from the box or receptacle.

44 Applications for renewal of mineral claims

44 Applications for renewal of mineral claims

(Former clause 42 of 2010 Reg)

Despite clause 94 (1), an application for the renewal of a mineral claim must be lodged—

(a) in person at, or by post or facsimile to, the Lightning Ridge office of the Department, or

(b) electronically.

Note.

Clause 94 contains provisions relating to the lodgment of applications.

cl 44: Am 2025 (241), Sch 1[2].

44A Prescribed period for applications for renewal of mineral claims—the Act, s 197

44A Prescribed period for applications for renewal of mineral claims—the Act, s 197

For the Act, section 197(2)(b), an application for the renewal of a mineral claim must be lodged with the Secretary within 2 months before the day on which the claim would otherwise expire.

cl 44A: Ins 2022 (802), Sch 1[31].

45 Applications for transfer of mineral claims

45 Applications for transfer of mineral claims

(Former clause 43 of 2010 Reg)

(1) For the Act, section 200(2)(b), an application for the transfer of a mineral claim must include the following information—

(a) the mineral claim number or other identifying code for the mineral claim,

(b) the name of the holder of the mineral claim,

(c) the name and written consent of the proposed transferee,

(d) a statement, set out in the approved form, of the corporate compliance, environmental performance history and financial capability of the proposed transferee,

(d1) a copy of the notice required to be given under the Act, section 200(2A) and a statement by the applicant that the notice was given as required,

(e) the consent of any person who has a registered legal or equitable interest in the mineral claim being transferred.

(2) Despite clause 94 (1), an application for the transfer of a mineral claim must be lodged as follows—

(a) in relation to land within the Lightning Ridge Mineral Claims District—in person at the Lightning Ridge office of the Department,

(b) in relation to land within the White Cliffs Mineral Claims District—

(i) in person at, or by post or facsimile to, the Lightning Ridge office of the Department, or

(ii) electronically.

Note.

Clause 94 contains provisions relating to the lodgment of applications.

cl 45: Am 2022 (802), Sch 1[32] [33]; 2025 (241), Sch 1[3].

46 Partial cancellation of mineral claims—manner of describing land

46 Partial cancellation of mineral claims—manner of describing land

(Former clause 44 of 2010 Reg)

For the purposes of section 203 (2) (b) of the Act, the prescribed manner of describing the land in respect of which the claim is to be cancelled is by means of a map indicating the distance and bearing of each side of the area and a connection, by distance and bearing, to a survey mark.

47 Rights of way

47 Rights of way

(Former clause 45 of 2010 Reg)

(1) For the purposes of section 211 (1) of the Act, a right of way to which the holder of a mineral claim is entitled under that section is to be—

(a) indicated by marker posts located along the route of the right of way in accordance with this clause, or

(b) indicated or described in such other manner as is agreed in writing between the landholder and the holder of the mineral claim.

(2) The marker posts are to be located—

(a) at the start and finish of the right of way, and

(b) at intervals of not more than 250 metres, and

(c) at each point where the route of the right of way changes direction.

(3) A marker post referred to in subclause (2) must bear a tag showing—

(a) the coordinates of the post’s position, and

(b) the mineral claim number or other identifying code for the mineral claim, and

(c) the name of the holder of the mineral claim.

(4) For the purposes of subclause (3) (a), it is sufficient for the coordinates of a marker post to be established by means of a Global Positioning System device.

(5) If a right of way is marked out in accordance with subclause (2), the holder of the mineral claim must prepare a map of the right of way and cause copies of the map to be given to each landholder affected by the right of way.

(6) A map referred to in subclause (5) must describe the route of the right of way (which must be no more than 10 metres wide) and must indicate the coordinates of the position of each marker post that bears a tag referred to in subclause (3).

(7) Each holder of a mineral claim who is entitled to the right of way must ensure that a marker post referred to in subclause (2) is properly maintained.

Maximum penalty—20 penalty units.

(8) For the purposes of section 211 (6) (a) of the Act, the exercise of a right of way conferred by that section is subject to the following conditions—

(a) the holder of the mineral claim who is entitled to the right of way is to pay to the landholder such amount, by way of compensation, as is agreed in writing by the holder of the mineral claim and the landholder (or, in default of agreement, as is assessed by the Land and Environment Court at the request of the holder of the mineral claim or the landholder),

(b) if the right of way passes over—

(i) any garden, orchard or land under cultivation, or

(ii) any land on which is situated a significant improvement,

being land that was, when the right of way was marked out, land of that nature, the holder of the mineral claim who is entitled to the right of way is not to exercise the right of way otherwise than in accordance with the consent of the landholder,

(c) the holder of the mineral claim who is entitled to the right of way is not to exercise the right of way before 7 am or after 6 pm, unless it is with the written consent of the landholder,

(d) the holder of the mineral claim who is entitled to the right of way is not to exercise the right of way during or less than 24 hours after wet weather, unless it is with the written consent of the landholder.

48 Register of interests in mineral claims

48 Register of interests in mineral claims

(Former clause 46 of 2010 Reg)

For the purposes of section 218B (9) of the Act, the prescribed office of the Department at which the register of interests in mineral claims must be kept is Lightning Ridge.

49 Objections

49 Objections

(Former clause 47 of 2010 Reg)

(1) For the purposes of section 222 (1) (b) of the Act, the prescribed grounds of objection to the constitution of land as an opal prospecting area, or to the addition of land to an existing opal prospecting area, are as follows—

(a) that the land to which the objection relates is a garden or an orchard or is within 50 metres of a garden or an orchard,

(b) that on the land, or within 200 metres of the land, there is a dwelling-house or a woolshed or shearing shed,

(c) that the land is, or is within 200 metres of, a watering place,

(d) that on the land, or within 50 metres of the land, there is situated a significant improvement other than an improvement constructed or used for ancillary mining activities and for no other purposes.

(2) For the purposes of section 222 (4) of the Act, a person to whom the Secretary must refer any objection for inquiry and report must be—

(a) a qualified valuer, or

(b) an Australian lawyer of at least 7 years’ standing.

(3) In this clause—

qualified valuer means a person who—

(a) has membership of the Australian Valuers Institute (other than associate or student membership), or

(b) has membership of the Australian Property Institute (other than student or provisional membership), acquired in connection with his or her occupation as a valuer, or

(c) has membership of the Royal Institution of Chartered Surveyors as a chartered valuer.

50 Applications for opal prospecting licences

50 Applications for opal prospecting licences

(Former clause 48 of 2010 Reg)

(1) For the purposes of section 226 (2) (b) of the Act, the following information must accompany an application for an opal prospecting licence over an opal prospecting block—

(a) the name of the applicant,

(b) if the applicant is an individual—the date of birth of the applicant,

(c) the address and contact details of the applicant,

(d) if the applicant is a corporation—the name of each director of that corporation,

(e) a statement, set out in the approved form, of the corporate compliance, environmental performance history and financial capability of the applicant,

(f) evidence that the notice required to be given under the Act, section 266(4)(b) was given as required.

(2) For subclause (1)(f), the evidence referred to in clause 92(6)(b) is sufficient.

cl 50: Am 2022 (802), Sch 1[34].

51 Lodgment of applications for opal prospecting licences

51 Lodgment of applications for opal prospecting licences

(Former clause 49 of 2010 Reg)

(1) Despite clause 94 (1), an application for an opal prospecting licence must be lodged as follows—

(a) in relation to land within the Lightning Ridge Mineral Claims District—in person at the Lightning Ridge office of the Department,

(b) in relation to land within the White Cliffs Mineral Claims District—

(i) in person at, or by post or facsimile to, the Lightning Ridge office of the Department, or

(ii) electronically.

Note.

Clause 94 contains provisions relating to the lodgment of applications.

(2) Only one application per person may be lodged in respect of each opal prospecting block on any day on which an application may be lodged or may be taken to have been lodged.

cl 51: Am 2025 (241), Sch 1[4].

52 Determination of order of dealing with simultaneous applications for opal prospecting licences

52 Determination of order of dealing with simultaneous applications for opal prospecting licences

(Former clause 50 of 2010 Reg)

(1) For the purposes of section 226 (3) of the Act, the prescribed manner of determining the order in which simultaneous applications for opal prospecting licences are to be dealt with is for the Secretary to conduct a lottery in accordance with the following provisions—

(a) the names of each of the applicants are to be written on separate tickets, each of the same size and shape,

(b) the tickets are to be placed in a box or other receptacle and thoroughly mixed,

(c) the Secretary is then, without looking, to select each of the tickets, one by one, from the box or receptacle.

(2) The lottery may be conducted in the presence of any applicant or representative of an applicant.

(3) The applications are to be dealt with in the order in which the tickets bearing the applicants’ names are drawn from the box or receptacle.

53 Register of opal prospecting licences

53 Register of opal prospecting licences

(Former clause 51 of 2010 Reg)

For the purposes of section 235A (2) of the Act, the record must contain the following particulars—

(a) the name of the applicant,

(b) if the application is granted—

(i) the name of the holder of the licence, and

(ii) the licence number or other identifying code for the opal prospecting licence, and

(iii) the term of the opal prospecting licence, including the date of commencement and expiry of that term.

54 Rights of way

54 Rights of way

(Former clause 52 of 2010 Reg)

(1) For the purposes of section 235C (1) of the Act, a right of way to which the holder of an opal prospecting licence is entitled under that section is to be—

(a) indicated by marker posts along the route of the right of way in accordance with this clause, or

(b) indicated or described in such other manner as is agreed in writing by the landholder and the holder of the opal prospecting licence.

(2) The marker posts are to be located—

(a) at the start and finish of the right of way, and

(b) at intervals of not more than 250 metres, and

(c) at each point where the route of the right of way changes direction.

(3) A marker post referred to in subclause (2) must bear a tag showing—

(a) the coordinates of the post’s position, and

(b) the licence number or other identifying code for the opal prospecting licence, and

(c) the name of the holder of the opal prospecting licence.

(4) For the purposes of subclause (3) (a), it is sufficient for the coordinates of a marker post to be established by means of a Global Positioning System device.

(5) If a right of way is marked out in accordance with subclause (2), the holder of the opal prospecting licence must prepare a map of the right of way and cause copies of the map to be given to each landholder affected by the right of way.

(6) A map referred to in subclause (5) must describe the route of the right of way (which must be no more than 10 metres wide) and must indicate the coordinates of the position of each marker post that bears a tag referred to in subclause (3).

(7) Each holder of an opal prospecting licence who is entitled to the right of way must ensure that a marker post referred to in subclause (2) is properly maintained.

Maximum penalty—20 penalty units.

(8) For the purposes of section 235C (6) (a) of the Act, the exercise of a right of way conferred by that section is subject to the following conditions—

(a) if the right of way passes over—

(i) any garden, orchard or land under cultivation, or

(ii) any land on which is situated a significant improvement,

being land that was, when the right of way was marked out, land of that nature, the holder of the opal prospecting licence who is entitled to the right of way is not to exercise the right of way otherwise than in accordance with the consent of the landholder,

(b) the holder of the opal prospecting licence who is entitled to the right of way is not to exercise the right of way before 7 am or after 6 pm, unless it is with the written consent of the landholder,

(c) the holder of the opal prospecting licence who is entitled to the right of way is not to exercise the right of way during or less than 24 hours after wet weather, unless it is with the written consent of the landholder.

55 Register of interests in opal prospecting licences

55 Register of interests in opal prospecting licences

(Former clause 53 of 2010 Reg)

For the purposes of section 235F (9) of the Act, the prescribed office of the Department at which the register of interests in opal prospecting licences must be kept is Lightning Ridge.

56 Miners’ representatives

56 Miners’ representatives

(Former clause 54 of 2010 Reg)

For the purposes of the definition of miners’ representative in the Dictionary to the Act, an office holder of—

(a) the Lightning Ridge Miners’ Association, who is nominated by that Association, is the miners’ representative in relation to any access management plan over the land within the area covered by that Association, and

(b) the Glengarry-Grawin Sheepyard Miners’ Association, who is nominated by that Association, is the miners’ representative in relation to any access management plan over the land within the area covered by that Association.

57 Lodgment of access management plans

57 Lodgment of access management plans

(Former clause 55 of 2010 Reg)

An access management plan that has been agreed on under section 236E of the Act must be lodged with the Secretary by the miners’ representative at the Lightning Ridge office of the Department.

58 Applications for determination of access management plans

58 Applications for determination of access management plans

(Former clause 56 of 2010 Reg)

(1) An application under section 236F of the Act for determination of an access management plan over land must be accompanied by the following—

(a) a copy of the notice served on each landholder of the land under section 236E (1) of the Act,

(b) documentary evidence of the landholder’s interest in the land,

(c) a statement as to the date on which, and the manner in which, each such notice was served,

(d) copies of any correspondence (including facsimiles and emails) between the miners’ representative and any landholder of the land,

(e) a statement as to what steps have been taken to reach agreement on an access management plan over the land, and as to what matters are and are not yet agreed,

(f) a draft access management plan prepared by or on behalf of the applicant.

(2) For the purpose of determining such an application, the Secretary may require the miners’ representative or the landholder, or both, to provide the Secretary with alternative or amended versions of a draft access management plan.

Part 5 Reports

Part 5 Reports

59 Annual reports

59 Annual reports

(Former clause 57 of 2010 Reg)

(1) For the purposes of section 163C (2) (a) of the Act, the holder of an authority must prepare and lodge with the Secretary an annual report that complies with this clause.

(2) An annual report must be lodged within 1 calendar month of the grant anniversary date or such other date notified by the Secretary in writing, regardless of whether an application to renew the authority area has been lodged and not yet determined.

(3) An annual report must contain the following—

(a) full particulars of all surveys and other operations or activities, including details of expenditure on operations carried out by or on behalf of the holder of the authority during the preceding 12-month period within which the authority had effect,

(b) the results and conclusions of such surveys and any other operations,

(c) the operations proposed to be conducted during the next 12-month period.

cl 59: Am 2022 (802), Sch 1[35].

60 Partial relinquishment reports

60 Partial relinquishment reports

(Former clause 58 of 2010 Reg)

(1) For the purposes of section 163C (2) (a) of the Act, the holder of an authority must prepare and lodge with the Secretary a partial relinquishment report that complies with this clause when the holder’s authority has been—

(a) partially cancelled, or

(b) renewed over an area of land that is less than the area over which the authority applied prior to its renewal.

(2) A partial relinquishment report must be lodged with the Secretary within 1 calendar month after the Secretary gives notice of the cancellation or renewal of a kind referred to in subclause (1).

(3) A partial relinquishment report is only required in relation to the area of land which formed part of the authority before the cancellation or renewal of the kind referred to in subclause (1).

(4) A partial relinquishment report must contain the following—

(a) a summary of all surveys and other operations carried out by or on behalf of the holder of the authority during the period within which the land that has been relinquished was subject to the authority,

(b) detailed data of all surveys and other operations,

(c) the results and conclusions of such surveys and any other operations.

61 Final reports

61 Final reports

(Former clause 58A of 2010 Reg)

(1) For the purposes of section 163C (2) (a) of the Act, the holder of an authority must prepare and lodge with the Secretary a final report that complies with this clause.

(2) A final report must be lodged with the Secretary within 1 calendar month after the expiry or cancellation of the authority.

(3) A final report must contain the following—

(a) a summary of all surveys and other operations carried out by or on behalf of the holder of the authority during the period within which the land that has been relinquished was subject to the authority,

(b) detailed data of all surveys and other operations not previously provided,

(c) the results and conclusions of such surveys and any other operations not previously provided.

62 Requirements of reports

62 Requirements of reports

(Former clause 58B of 2010 Reg)

(1) The Secretary may issue further requirements relating to reports under clause 59, 60 or 61. Any such requirements must be published in the Gazette.

(2) A report under clause 59, 60 or 61 must be prepared and lodged in accordance with any requirements issued by the Secretary.

63 Maps, plans and data in reports

63 Maps, plans and data in reports

(Former clause 58C of 2010 Reg)

A report under clause 59, 60 or 61 must contain all maps, plans and data that are necessary to satisfactorily interpret and evaluate the report.

64 Confidentiality of reports

64 Confidentiality of reports

(Former clause 58D of 2010 Reg)

(1) For the purposes of section 163C (2) (c) of the Act, reports lodged with the Secretary under clause 59 must not be disclosed (except as authorised by the Act) during the period for which the authority to which the report relates is in force unless—

(a) in the case of a report lodged on or after 1 June 2016—5 years have passed since the lodgment of the report, or

(b) in the case of a report lodged before 1 June 2016—5 years have passed since that date.

(2) Subclause (1) continues to apply to a report if the relevant authority in relation to which a report was made is subsequently transferred to another person.

(3) This clause does not prevent—

(a) any disclosure or publication of a summary of a work program, or

(b) the disclosure of reports lodged with the Secretary under clause 59 after the authority to which the report relates ceases to be in force.

65 Collection of cores and samples

65 Collection of cores and samples

(Former clause 58E of 2010 Reg)

For the purposes of section 163G of the Act, the holder of an authority must—

(a) so far as is reasonably practicable collect, retain and preserve—

(i) all drill cores remaining after sampling, including any material obtained under previous authorities, and

(ii) all characteristic samples of the rock or strata encountered on any drill hole on the land comprised in the authority, including any material obtained under previous authorities, and

(b) collect, retain and preserve samples of any water discovered in any drill hole on the land comprised in the authority, where requested to do so by written notice from the Secretary, and

(c) label any such drill cores or samples for reference, and

(d) so far as is reasonably practicable, preserve the integrity of any such drill core or sample for the life of the authority, and

(e) if the holder of the authority intends to dispose of any of the drill cores or samples—

(i) offer those drill cores or samples to the Secretary for preservation, and

(ii) if requested to do so, provide them to the Secretary for preservation in such manner as the Secretary determines.

66 Publication of reports

66 Publication of reports

(Former clause 59 of 2010 Reg)

(1) The Minister may arrange for a report to be published, printed or adapted at any time after the period during which it is to be kept confidential expires.

(2) Any report published, printed or adapted under this clause is to contain a statement acknowledging any person’s copyright in the report.

67 Extension of time to lodge reports

67 Extension of time to lodge reports

(Former clause 60 of 2010 Reg)

(1) The holder of an authorisation may apply to the Secretary for an extension of the period during which an annual report or a partial relinquishment or final report must be lodged.

(2) An application for an extension must be lodged with the Secretary not less than 15 days before the date the report is required to be lodged and must contain the following information—

(a) the authority number or other identifying code for the authority,

(b) the name of the holder of the authority,

(c) the period of the extension sought,

(d) the reason for seeking the extension.

(3) On receipt of an application for an extension the Secretary may do either of the following—

(a) grant an extension of the time by which a report must be lodged,

(b) refuse the application.

(4) The Secretary must advise the applicant of the determination in writing within 21 days of receipt of the application.

(5) If the Secretary refuses the application, the period during which the report must be lodged is extended by 15 days.

cl 67: Am 2022 (802), Sch 1[36]–[38].

68 Exemption from obligation to prepare and lodge reports

68 Exemption from obligation to prepare and lodge reports

(Former clause 60 of 2010 Reg)

(1) For the purposes of section 163C (2) (b) of the Act, the Secretary may, by order published in the Gazette, exempt any person, class of persons, authorisation or class of authorisations from a requirement to prepare and lodge a report.

(2) The holder of an authorisation may apply to the Secretary for an exemption from a requirement to prepare and lodge a report under section 163C of the Act.

(3) An application for an exemption must be lodged with the Secretary not less than 30 days before the date the report is required to be lodged and must contain the following information—

(a) the authority number or other identifying code for the authority,

(b) the name of the holder of the authority,

(c) the reason for seeking the exemption.

(4) On receipt of an application for an exemption the Secretary may do either of the following—

(a) grant an exemption,

(b) refuse the application.

(5) The Secretary must advise the applicant of the determination in writing within 21 days of receipt of the application.

Part 6 Use of information and protected documents

Part 6 Use of information and protected documents

69 Use of information

69 Use of information

(Former clause 61 of 2010 Reg)

For the purposes of the definition of relevant agency in section 246T (3) of the Act, the following legislation is prescribed—

(a) the Crimes Act 1900,

(b) the Electricity Supply Act 1995,

(c) the Explosives Act 2003,

(d) the Forestry Act 2012,

(e) the Hunter Water Act 1991,

(f) the Pipelines Act 1967,

(g) the Sydney Water Act 1994,

(h) the Water Act 1912,

(i) the Water Management Act 2000,

(j) the Work Health and Safety (Mines and Petroleum Sites) Act 2013.

70 Protected documents not admissible in certain proceedings or otherwise protected

70 Protected documents not admissible in certain proceedings or otherwise protected

(Former clause 61AA of 2010 Reg)

(1) For the purposes of section 246W (1) (a) of the Act, the following legislation is prescribed—

(a) the Crimes Act 1900,

(b) the Electricity Supply Act 1995,

(c) the Explosives Act 2003,

(d) the Forestry Act 2012,

(e) the Hunter Water Act 1991,

(f) the Pipelines Act 1967,

(g) the Sydney Water Act 1994,

(h) the work health and safety legislation.

(2) For the purposes of section 246W (1) (b) of the Act, the following agencies, departments and authorities are prescribed authorities—

(a) Dams Safety NSW,

(b) the Department of Finance, Services and Innovation,

(c) the Independent Commission Against Corruption,

(d) a local council,

(e) Local Land Services,

(f) the Mine Subsidence Board,

(g) the NSW Police Force or the police force of any other State or Territory,

(h) the Regulatory Authority (within the meaning of the Water NSW Act 2014),

(i) Transport for NSW,

(j) SafeWork NSW,

(k) the Sydney Harbour Foreshore Authority,

(l) (Repealed)

(m) any other agency or authority administering any environment protection legislation, or any other relevant legislation that is New South Wales legislation.

cl 70: Am 2017 No 17, Sch 4.57 [1]; 2020 No 30, Sch 4.45.

71 Disclosure of protected documents

71 Disclosure of protected documents

(Former clause 61AB of 2010 Reg)

For the purposes of section 365 (1) (g) of the Act, the following legislation is prescribed—

(a) the Crimes Act 1900,

(a1) the Dams Safety Act 2015,

(b) the Electricity Supply Act 1995,

(c) the Explosives Act 2003,

(d) the Forestry Act 2012,

(e) the Hunter Water Act 1991,

(f) the Pipelines Act 1967,

(g) the Sydney Water Act 1994,

(h) the Water Act 1912,

(i) the Water Management Act 2000.

cl 71: Am 2022 (802), Sch 1[39].

Part 7 Royalty

Part 7 Royalty

72 Definition

72 Definition

In this Part—

holder, in relation to a mining lease, includes the holder of a mining sublease.

73 Rates of royalty for minerals other than coal

73 Rates of royalty for minerals other than coal

(Former clause 62 of 2010 Reg)

(1) For the purposes of section 283 (1) (a) of the Act—

(a) the base rate of royalty payable in respect of a mineral specified in Schedule 6 is the rate per tonne of mineral recovered that is specified in that Schedule, and

(b) the base rate of royalty payable in respect of any other mineral (other than coal) is 4% of the value of mineral recovered.

(2) For the purposes of section 283 (4) of the Act, the quantity of minerals (other than coal) recovered during any particular period is to be calculated in accordance with the following formula—

where—

R represents the quantity of minerals recovered by the holder of the mining lease during that period.

D represents the quantity of minerals disposed of by the holder of the mining lease during that period, as determined by the Chief Commissioner having regard to any records kept by the holder of the mining lease.

S2 represents the quantity of minerals held (in the form in which they are disposed of) by the holder of the mining lease at the end of that period, as determined by the Chief Commissioner having regard to any records kept by the holder of the mining lease.

S1 represents the quantity of minerals held (in the form in which they are disposed of) by the holder of the mining lease at the beginning of that period, as determined by the Chief Commissioner having regard to any records kept by the holder of the mining lease.

74 Rates of royalty for coal

74 Rates of royalty for coal

(Former clause 63 of 2010 Reg)

(1) For the purposes of section 283 (1) (a) of the Act, the base rate of royalty for coal is as follows—

(a) 10.8% of the value of coal recovered by open cut mining,

(b) 9.8% of the value of coal recovered by underground mining,

(c) 8.8% of the value of coal recovered by deep underground mining.

(2) For the purposes of this clause, the quantity of coal taken to have been recovered during any particular period is the quantity of coal disposed of by the holder of the mining lease during the period, as determined by the Chief Commissioner having regard to any records kept by the holder of the mining lease.

(3) In this clause—

deep underground mining means mining carried out at a mine in which coal situated at a depth of 400 metres or more is extracted by means other than open cut methods.

open cut mining means mining carried out at a mine in which coal is extracted by open cut methods.

underground mining means mining (other than deep underground mining) carried out at a mine in which coal is extracted other than by open cut methods.

cl 74: Am 2024 (220), Sch 1[1]–[3].

75

75 (Repealed)

76 Returns

76 Returns

(Former clause 64 of 2010 Reg)

(1) For the purposes of section 289 of the Act, royalty returns must include—

(a) in the case of a mineral specified in Schedule 6—the quantity of the mineral recovered by the holder of the mining lease during the period to which the return relates, and

(b) in the case of any other mineral—the value of the mineral recovered by the holder of the mining lease during the period to which the return relates, and

(c) in the case of any mineral—any other matters required by the Chief Commissioner to be included.

(2) For the purposes of section 289 of the Act, royalty returns must be lodged—

(a) for minerals other than coal—

(i) for a royalty payable in accordance with the regulations by operation of the Act, section 291(1)(a)—at the time at which the royalty is payable, and

(ii) for a royalty payable in accordance with a deferral approval by operation of the Act, section 291(1)(b)—at the time at which the royalty would be payable in accordance with the Act, section 291(1)(a) if not deferred, and

(b) in the case of coal—monthly or in any case not later than the 21st day of the following month.

(2A) Despite subclause (2), a royalty return must be lodged immediately before an application is lodged for registration of the transfer of the mining lease.

(3) The holder of a mining lease must keep records of all minerals recovered under the lease, including—

(a) records of the quantity of minerals recovered during each return period, and

(b) records of the quantity of minerals disposed of, whether by sale or otherwise, during each return period, and

(c) records of the quantity of minerals held (in the form in which they are disposed of) by the holder of the mining lease at the beginning and at the end of each return period, and

(d) records of the price obtained or consideration received for minerals disposed of during each return period, and

(e) records of all royalties that became payable during each return period in connection with the disposal of minerals (including any documents relating to the calculation of that royalty), and

(f) any other records relating to the minerals required by the Secretary to be kept.

Maximum penalty—

(a) 100 penalty units, in the case of an offence committed by a corporation, or

(b) 50 penalty units, in the case of an offence committed by an individual.

(4) The records referred to in subclause (3) must be retained by the holder of the mining lease for a period of at least 7 years after the end of the financial year in which the extraction to which the records relate occurred.

cl 76: Am 2025 No 37, Sch 4[2] [3].

77 Payments of royalty

77 Payments of royalty

(Former clause 65 of 2010 Reg)

(1) (Repealed)

(2) For the Act, section 291(1)(a), in the case of minerals other than coal, a royalty is payable on or before 31 July in each year in respect of the period of 12 months ending on the last preceding 30 June, unless subclause (3) applies.

(3) In the case of a person by whom, in respect of the last preceding period of 12 months that ended on 30 June, an amount of royalty greater than $50,000 was payable in respect of minerals (other than coal), royalty on minerals (other than coal) recovered during the succeeding period of 12 months is payable—

(a) on or before 31 October, in respect of the period of 3 months ending on 30 September, and

(b) on or before 31 January, in respect of the period of 3 months ending on 31 December, and

(c) on or before 30 April, in respect of the period of 3 months ending on 31 March, and

(d) on or before 31 July, in respect of the period of 3 months ending on 30 June.

(4) In the case of coal, royalty payable at the base rate is payable within 21 days after the beginning of each month.

(5) Despite another provision of this clause, a royalty is payable in relation to a mining lease—

(a) on the day on which a return must be lodged before an application is lodged for registration of a transfer of the mining lease in accordance with clause 76(2A), and

(b) for the period beginning immediately after the last day on which a royalty was payable under the mining lease before the day referred to in paragraph (a) and ending on that day.

cl 77: Am 2025 No 37, Sch 4[4]–[6].

77A Eligibility criteria for deferral approval applications

77A Eligibility criteria for deferral approval applications

(1) For the Act, section 291AA(4), the eligibility criteria is the following—

(a) the applicant, or related body corporate to the applicant, has a market value or capitalisation of less than $5 billion,

(b) the primary purpose of the mining lease the subject of the application is the recovery of one or more critical minerals,

(c) any critical mineral to be specified in the deferral approval must not have been recovered under the mining lease the subject of the application,

(d) any critical mineral to be specified in the deferral approval must not have been recovered under a mining lease that—

(i) was the last mining lease granted over the land before the mining lease the subject of the application was granted, and

(ii) was over land to which the mining lease the subject of the application applies.

(2) In this clause—

related body corporate, in relation to an applicant, has the same meaning as in the Corporations Act 2001 of the Commonwealth.

cl 77A: Ins 2025 No 37, Sch 4[7].

77B Critical minerals for deferral approvals

77B Critical minerals for deferral approvals

For the Act, section 291AA(13), definition of critical mineral, the following minerals are prescribed—

(a) antimony,

(b) bauxite,

(c) bismuth,

(d) chromite,

(e) cobalt,

(f) hafnium,

(g) ilmenite,

(h) indium,

(i) leucoxene,

(j) lithium,

(k) magnesite,

(l) molybdenite,

(m) monazite,

(n) nickel,

(o) niobium,

(p) ores of silicon,

(q) platinum group metals,

(r) rare earth minerals,

(s) rutile,

(t) scandium and its ores,

(u) tantalum,

(v) tungsten and its ores,

(w) vanadium,

(x) zircon.

cl 77B: Ins 2025 No 37, Sch 4[7].

77C Maximum deferred period of time under deferral approvals

77C Maximum deferred period of time under deferral approvals

For the Act, section 291AA(7), the prescribed deferred period of time is 5 years from the date on which the payment of royalty would be payable in accordance with the Act, section 291(1)(a) if not deferred.

cl 77C: Ins 2025 No 37, Sch 4[7].

77D Condition of deferral approvals

77D Condition of deferral approvals

For the Act, section 291AA(9), it is a condition of a deferral approval that the commencement of the recovery of a critical mineral specified in the deferral approval must commence between the beginning of the day on which the deferral approval is granted and the end of 30 June 2030.

cl 77D: Ins 2025 No 37, Sch 4[7].

77E Grounds for revocation of deferral approvals

77E Grounds for revocation of deferral approvals

For the Act, section 291AA(10), the following are the circumstances in which a deferral approval may be revoked—

(a) the mining lease in relation to the deferral approval is to be transferred to another holder during the term of the deferral approval,

(b) the holder of the deferral approval has an unsatisfactory compliance history,

(c) the holder of the deferral approval has been declared to be a person who is not a fit and proper person under the Act, Part 18, Division 2,

(d) the holder of the deferral approval has made a written request for the revocation.

cl 77E: Ins 2025 No 37, Sch 4[7].

77F All royalties payable on revocation of deferral approvals

77F All royalties payable on revocation of deferral approvals

For the Act, section 291AA(12), on the day on which a deferral approval is revoked all royalties deferred under a deferral approval that have not been paid become payable.

cl 77F: Ins 2025 No 37, Sch 4[7].

Part 8 Fees

Part 8 Fees

78 Fees

78 Fees

(Former clause 65A of 2010 Reg)

(1) The matters for which fees are payable under the Act and this Regulation are set out in Column 1 of Schedule 9.

(2) The fee for a particular matter is the amount set out opposite the matter in Column 2 of that Schedule.

79 Other fees

79 Other fees

(Former clause 65B of 2010 Reg)

The Secretary may determine the fee payable for any service provided in connection with the administration or execution of the Act for which a fee is not prescribed by this Regulation.

79A Late payment of authorisation fees—the Act, s 292R

79A Late payment of authorisation fees—the Act, s 292R

For the Act, section 292R(1), the late payment fee is calculated at the rate of 15% of the overdue amount per annum compounded quarterly.

cl 79A: Ins 2022 (802), Sch 1[40].

79B Consultation on fee and levy regulations—the Act, s 292RA

79B Consultation on fee and levy regulations—the Act, s 292RA

For the Act, section 292RA(a), notice of a proposed regulation specifying or varying a method of calculation of a levy or fee must be published on the website of the Department.

cl 79B: Ins 2022 (802), Sch 1[41].

80 Calculation of annual rental fees

80 Calculation of annual rental fees

(Former clause 65C of 2010 Reg)

(1) An annual rental fee specified in Schedule 9 as per hectare, per square kilometre, per square metre or per unit is to be calculated on the basis of the annual rental fee area.

(2) The annual rental fee area is the number of hectares, square kilometres, square metres or units of land comprised in the annual rental fee area for the authorisation for which the annual rental fee is payable, as specified in the record kept by the Secretary under the Act.

(3) (Repealed)

(4) If the annual rental fee area includes a part of a hectare, square kilometre, square metre or unit, that part is to be included in the calculation.

(4A) However, if the annual rental fee area includes a part of a unit outside New South Wales, the part outside New South Wales must be disregarded.

Note—

See also the Act, sections 4A and 172A.

(5) If there is no annual rental fee area for an authorisation for which an annual rental fee is payable, the annual rental fee is to be calculated as if the authority area, as specified in the record of the authority kept by the Secretary under the Act, were the annual rental fee area.

(6) To avoid doubt, subclause (5) continues to apply until an annual rental fee area is determined for the authorisation under this Division and specified in the record kept by the Secretary under the Act.

cl 80: Am 2022 (802), Sch 1[42]–[44].

81 Annual rental fee areas

81 Annual rental fee areas

(Former clause 65D of 2010 Reg)

(1) The Secretary is to determine an annual rental fee area for any authorisation that is granted or proposed to be granted on or after 1 July 2012.

(2) The Secretary may determine (and must determine, if required to do so by this Division) an annual rental fee area for an authorisation granted before 1 July 2012.

(3) The annual rental fee area is a description of the land to which the authorisation applies, or is proposed to apply, in terms that enable an annual rental fee payable under Part 14A of the Act to be calculated in respect of the authorisation.

(4) Exclusions specified, or proposed to be specified, in an authorisation are to be counted towards the annual rental fee area.

(5) The Secretary is required to record an annual rental fee area determined under this clause in the record kept by the Secretary under section 159 of the Act.

(6) The Secretary may, if the Secretary considers it is fair and reasonable to do so, revise his or her determination of the annual rental fee area for an authorisation by varying the determination or substituting a new determination.

Note.

For example, the Secretary might revise his or her determination of the annual rental fee area if an application for partial renewal of an authority is made and, because of section 117 of the Act, the authority continues to have effect but only in relation to a smaller area of land.

(7) If the Secretary revises his or her determination of the annual rental fee area for an authorisation, the Secretary is to update the record of the annual rental fee area kept under section 159 of the Act to reflect that revision.

(8) It is not necessary to determine an annual rental fee area in respect of an authorisation if the authorisation is exempt from the requirement to pay an annual rental fee.

82 Minimum annual rental fees

82 Minimum annual rental fees

(Former clause 65E of 2010 Reg)

If the annual rental fee payable in respect of an authorisation under Part 14A of the Act would, but for this clause, be less than $100, the annual rental fee is taken to be $100.

83 References to initial term (Schedule 9)

83 References to initial term (Schedule 9)

(Former clause 65F of 2010 Reg)

(1) In Schedule 9, a reference to the initial term of an authorisation is a reference to the initial term for which the authorisation is granted.

(2) The initial term of an authorisation does not include any period starting when the authorisation, as granted, would have expired, but for section 117 of the Act, and during which the authorisation continues to have effect under that section.

(3) A term of an authorisation is after another term, for the purposes of Schedule 9, if it starts when, or at any time after, the other term ends.

84 Phasing-in of annual rental fees for authorisations granted before 1 July 2012

84 Phasing-in of annual rental fees for authorisations granted before 1 July 2012

(Former clause 65G of 2010 Reg)

(1) In relation to an authorisation in force on 1 July 2012 that was renewed or due for renewal before 1 July 2012, the current term of the authorisation is taken to be the initial term of the authorisation for the purposes of Schedule 9.

(2) The current term of the authorisation is the term starting on the date when the authorisation was last renewed or, if the authorisation has not been renewed by 1 July 2012 but continues in effect under section 117 of the Act, the date that it was last due for renewal.

(3) The current term of the authorisation ends when the authorisation is next due for renewal (on or after 1 July 2012) or when the authorisation ceases to have effect (whichever happens sooner).

(4) An authorisation is due for renewal when the term for which it is granted or renewed is due to expire (that is, disregarding any period for which the authorisation is taken to continue to have effect under section 117 of the Act).

85 Subsequent annual rental fees payable during period in which authorisations are automatically extended—the Act, ss 292F, 292O and 382A

85 Subsequent annual rental fees payable during period in which authorisations are automatically extended—the Act, ss 292F, 292O and 382A

(1) This clause applies to an annual rental fee if—

(a) the annual rental fee is required to be paid during a period in which the authorisation to which it relates continues to have effect because of the Act, section 117, and

(b) the decision-maker finally disposes of the application for renewal of the authorisation by rejecting or refusing it.

(2) The Secretary must reassess the annual rental fee by applying the relevant proportion to the amount of the annual rental fee that, but for this clause, would be payable.

(3) If necessary, the Secretary must provide a refund in accordance with the reassessment, unless the refund would be $100 or less.

(4) In this clause—

relevant proportion means the proportion of the number of days in the period from, and including, the most recent grant anniversary date until, but not including, the date the application is rejected or refused, to 366 days.

cl 85: Subst 2022 (802), Sch 1[45].

85A Payment date for subsequent annual rental fees—the Act, s 292E

85A Payment date for subsequent annual rental fees—the Act, s 292E

For the Act, section 292E(3)(b), the date is 60 days after the grant anniversary date that begins that year of the authorisation.

cl 85A: Ins 2022 (802), Sch 1[45].

86 Amount of annual administrative levy—the Act, s 292K

86 Amount of annual administrative levy—the Act, s 292K

(1) For the Act, section 292K, the amount of an annual administrative levy is the amount calculated in accordance with this clause.

(2) The amount of the annual administrative levy for an authorisation is—

(a) 1% of the security deposit amount for the authorisation, or

(b) if a single security deposit is required to be provided and maintained for more than one authorisation—the amount calculated in accordance with subclause (3), or

(c) if the amount of the annual administrative levy as calculated under paragraph (a) or (b) is less than $100—$100.

(3) If a single security deposit is required to be provided and maintained for more than one authorisation, the amount of the annual administrative levy is the greater of the following at the relevant time—

(a) 1% of the relevant proportion of the security deposit amount,

(b) 1% of the minimum deposit for the authorisation.

(4) The security deposit amount is the amount of the security deposit required to be provided and maintained under a security deposit condition that applies to the authorisation at the relevant time.

(5) A security deposit is taken to be required to be provided and maintained under a security deposit condition even if the condition requires the security deposit to be provided at a future date or within a period ending on a future date.

(6) If no security deposit is required to be provided and maintained in relation to an authorisation at the relevant time, and there is a minimum deposit for the authorisation at that time, the security deposit amount is taken to be the minimum deposit.

(7) For an initial annual administrative levy, the decision-maker must give the applicant for the grant of the authorisation written notice of any security deposit condition that will be imposed on the grant of the authorisation.

(8) In this clause—

initial annual administrative levy means an annual administrative levy that must be paid under the Act, 292I(3) before the grant of an authorisation.

minimum deposit has the same meaning as in the Act, Part 12A.

relevant proportion means the proportion of 1 to the number of authorisations for which the security deposit is required to be provided and maintained, not including authorisations that have been cancelled or have otherwise ceased to have effect before the relevant time.

relevant time means—

(a) for an initial annual administrative levy—on the grant of the authorisation, and

(b) for a subsequent annual administrative levy—the grant anniversary date that begins that year of the authorisation.

cl 86: Subst 2022 (802), Sch 1[46].

86A Subsequent annual administrative levies payable during period in which authorisations are automatically extended—the Act, ss 292K, 292O and 382A

86A Subsequent annual administrative levies payable during period in which authorisations are automatically extended—the Act, ss 292K, 292O and 382A

(1) This clause applies to an annual administrative levy if—

(a) the annual administrative levy is required to be paid during a period in which the authorisation to which it relates continues to have effect because of the Act, section 117, and

(b) the decision-maker finally disposes of the application for renewal of the authorisation by rejecting it or refusing it.

(2) The Secretary must reassess the annual administrative levy by applying the relevant proportion to the amount of the annual administrative levy that, but for this clause, would be payable.

(3) If necessary, the Secretary must provide a refund in accordance with the reassessment, unless the refund would be $100 or less.

(4) In this clause—

relevant proportion means the proportion of the number of days in the period from, and including, the most recent grant anniversary date until, but not including, the date the application is rejected or refused, to 366 days.

cl 86A: Ins 2022 (802), Sch 1[46].

86B Payment date for subsequent annual administrative levies—the Act, s 292I

86B Payment date for subsequent annual administrative levies—the Act, s 292I

For the Act, section 292I(4)(b), the date is 60 days after the grant anniversary date that begins that year of the authorisation.

cl 86B: Ins 2022 (802), Sch 1[46].

86C Amount of term administrative levy—the Act, s 292M

86C Amount of term administrative levy—the Act, s 292M

(1) For the Act, section 292M, the amount of a term administrative levy is the amount calculated in accordance with this clause.

(2) The amount of the term administrative levy for an authorisation is the relevant annual administrative levy multiplied by the term of the authorisation.

(3) The relevant annual administrative levy is the amount of the annual administrative levy that would be payable under clause 86 if the authorisation was not a small-scale title.

(4) The term of the authorisation is the number of years for which the authorisation is—

(a) granted, or

(b) for liability for an administrative levy arising on the renewal of a mineral claim—renewed.

(5) A period of less than a year for which an authorisation is granted or renewed must be counted as a year.

(6) The period for which a mineral claim is renewed must include any period during which, before its renewal, the mineral claim continues to have effect because of the Act, section 197(3).

cl 86C: Ins 2022 (802), Sch 1[46].

Part 9 Boards of management

Part 9 Boards of management

87 Boards to be constituted by Ministerial order

87 Boards to be constituted by Ministerial order

(Former clause 68 of 2010 Reg)

(1) A board is constituted by means of an order published in the Gazette by the Minister.

(2) An order must—

(a) specify the board’s name, and

(b) describe the board’s area of operations, and

(c) specify the number of board members, and

(d) specify the persons who are to be board members by virtue of their office, and

(e) specify the persons or bodies who are to be authorised to nominate persons for appointment as board members, and the number of persons they are authorised to nominate, and

(f) specify which of the board members is to be the Chairperson of the board.

(3) The board members (other than those who are members by virtue of their office) are to be appointed by the Minister.

(4) The secretary of a board is to be an employee of the Department appointed by the Secretary.

(5) An order under this clause commences on the day it is published in the Gazette or, if a later day for commencement is specified in the order, on the later day.

(6) Schedule 7 contains provisions with respect to the membership and procedure of boards.

88 Nominations for membership of board

88 Nominations for membership of board

(Former clause 69 of 2010 Reg)

(1) The secretary of a board must cause a written notice to be sent to each person or body who is authorised to nominate a person for appointment as an appointed member of the board.

(2) Notices under this clause must be sent as follows—

(a) within one month after the publication in the Gazette of the order by which the board is constituted,

(b) at least one month before the end of a current appointed member’s term of office,

(c) within one month after a casual vacancy arises in a current appointed member’s office.

(3) Despite subclause (1), a notice required to be given at the time specified in subclause (2) (b) or (c) need be given only to the persons or bodies authorised to nominate a person for appointment in respect of the following board members—

(a) the board member whose term of office is coming to an end (in the case of a notice required to be given at the time specified in subclause (2) (b)),

(b) the board member in respect of whom a casual vacancy has arisen (in the case of a notice required to be given at the time specified in subclause (2) (c)).

(4) A notice under this clause must invite the persons or bodies concerned to send nominations to the secretary within the time specified in the notice (being at least 14 days from the date of service of the notice).

(5) If a person or body fails to nominate a person as a board member within the specified time, the Minister may appoint, as that member, any person who in the Minister’s opinion represents the interests of the person or body.

89 Annual reports to Minister

89 Annual reports to Minister

(Former clause 70 of 2010 Reg)

(1) On or before 31 July each year, a board is to prepare and present to the Minister an annual report for the period of 12 months ending on the preceding 30 June.

(2) The report must set out the board’s membership, a summary of its activities and achievements during the year and its plans for the following year.

Part 9A Royalties for Rejuvenation Fund

Part 9A Royalties for Rejuvenation Fund

pt 9A: Ins 2022 (622), Sch 1[2].

89A Affected coal mining region—the Act, s 292W

89A Affected coal mining region—the Act, s 292W

For the Act, section 292W(10), definition of affected coal mining region, the following areas of the State are prescribed—

(a) the Hunter, comprising the following local government areas—

(i) City of Cessnock,

(ii) City of Lake Macquarie,

(iii) City of Maitland,

(iv) Muswellbrook,

(v) City of Newcastle,

(vi) Singleton,

(vii) Upper Hunter Shire,

(b) the Illawarra, comprising the local government areas of Wollondilly and the City of Wollongong,

(c) the North West, comprising the following local government areas—

(i) Gunnedah,

(ii) Liverpool Plains,

(iii) Narrabri,

(d) the Central West, comprising the local government areas of the City of Lithgow and Mid-Western Regional.

cl 89A: Ins 2022 (622), Sch 1[2].

89B Functions of Expert Panels—the Act, s 292X

89B Functions of Expert Panels—the Act, s 292X

For the Act, section 292X(4)(b), an Expert Panel has the function of advising the Minister about the following matters—

(a) the consequences and opportunities associated with moving away from coal mining, particularly in relation to the impact on employment and economic activity in the affected coal mining region,

(b) alternative land uses of coal mining sites,

(c) options to support the economic diversification of the affected coal mining region in alternative industries.

cl 89B: Ins 2022 (622), Sch 1[2].

89C Operation of Expert Panels—the Act, s 292X

89C Operation of Expert Panels—the Act, s 292X

(1) For the Act, section 292X(6)(b), an Expert Panel may undertake public consultation, in the way determined by the Panel, for the purposes of advising the Minister about the matters specified in clause 89B.

(2) If an Expert Panel undertakes public consultation, the Panel—

(a) must not, in consulting the public, release information to the public if the Panel considers the information is commercial in confidence, and

(b) must consider information received in response to the public consultation before advising the Minister.

cl 89C: Ins 2022 (622), Sch 1[2].

89D Provisions in relation to constitution and procedure of Expert Panels—the Act, s 292X

89D Provisions in relation to constitution and procedure of Expert Panels—the Act, s 292X

For the Act, section 292X(6), Schedule 7A contains provisions in relation to the constitution and procedure of an Expert Panel.

cl 89D: Ins 2022 (622), Sch 1[2].

Part 9B Declarations about persons not fit and proper

Part 9B Declarations about persons not fit and proper

pt 9B: Ins 2022 (802), Sch 1[47].

89E Considerations for decisions and declarations—the Act, s 393

89E Considerations for decisions and declarations—the Act, s 393

(1) For the Act, section 393(3), a decision-maker may, without limitation, take into consideration, for the purposes of deciding whether a person is a fit and proper person or whether to make a declaration under the Act, section 393, one or more of the matters specified in—

(a) subclause (2), and

(b) if the person is—

(i) an individual—subclause (3), or

(ii) a body corporate—subclause (4).

(2) For subclause (1)(a), the matters relating to a person, whether or not the person is an individual or a body corporate, include the following—

(a) whether the person has compliance or criminal conduct issues,

(b) the person’s record of compliance with relevant legislation, established to the satisfaction of the decision-maker,

(c) whether, in the opinion of the decision-maker, the management of the activities or works that are or are to be authorised, required or regulated under the authorisation are not or will not be in the hands of a technically competent person,

(d) whether, in the opinion of the decision-maker, the person is not of good repute,

(e) whether, in the opinion of the decision-maker, the person is not of good character, with particular regard to honesty and integrity,

(f) whether the person has demonstrated to the decision-maker the financial capacity to comply with the person’s obligations under the authorisation,

(g) whether the person is in partnership, in connection with activities that are subject to an authorisation or a proposed authorisation, with a person who is a declared person under the Act, Part 18, Division 2,

(h) whether the person has an arrangement, formal or informal, in connection with activities that are subject to an authorisation or a proposed authorisation with a person who is a declared person under the Act, Part 18, Division 2, if the decision-maker is satisfied that the arrangement gives the declared person the capacity to determine the outcome of decisions about financial and operating policies concerning those activities.

(3) For subclause (1)(b)(i), additional matters relating to a person who is an individual include the following—

(a) whether the person, during the previous 3 years, was an undischarged bankrupt or applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounded with his or her creditors or made an assignment of his or her remuneration for their benefit,

(b) whether the person is or was a director of a body corporate—

(i) that is the subject of a winding up order, or

(ii) for which a controller or administrator has been appointed during the previous 3 years.

(4) For subclause (1)(b)(ii), additional matters relating to a person who is a body corporate include the following—

(a) whether a related body corporate, or a director of the body corporate or of a related body corporate, has compliance or criminal conduct issues,

(b) whether a director of the body corporate or of a related body corporate is or has been a director of another body corporate that has compliance or criminal conduct issues, but only if the person was a director of that other body corporate at the time of the conduct that resulted in the compliance or criminal conduct issues,

(c) the record of compliance with relevant legislation, established to the satisfaction of the decision-maker, of any director of the body corporate or a related body corporate,

(d) whether, in the opinion of the decision-maker, a director of the body corporate or a related body corporate is not of good repute,

(e) whether, in the opinion of the decision-maker, a director of the body corporate or a related body corporate is not of good character, with particular regard to honesty and integrity,

(f) whether the body corporate or a related body corporate—

(i) is the subject of a winding up order, or

(ii) has had a controller or administrator appointed during the previous 3 years.

(5) A person has compliance or criminal conduct issues if—

(a) the decision-maker is satisfied that the person has contravened relevant legislation, whether or not the person has been prosecuted for or convicted of an offence arising from the contravention, or

(b) in the previous 10 years, the person has been convicted in New South Wales or elsewhere of a serious offence or an offence involving fraud or dishonesty, or

(c) the person has held an authorisation, or another instrument issued or granted under relevant legislation, that has been suspended, cancelled or revoked.

(6) In this clause—

authorisation has the same meaning as in the Act, Part 18, Division 2.

relevant legislation means the following legislation—

(a) the Act,

(b) the Petroleum (Onshore) Act 1991,

(c) the environment protection legislation,

(d) the Environmental Planning and Assessment Act 1979,

(e) the work health and safety legislation,

(f) the Coal Mine Subsidence Compensation Act 2017.

serious offence means—

(a) an offence committed in New South Wales that is punishable by a specified punishment, or

(b) an offence committed elsewhere than in New South Wales that if committed in New South Wales would be punishable by a specified punishment, or

(c) an offence committed under a law of the Commonwealth that is punishable by a specified punishment.

specified punishment means—

(a) imprisonment for life, or

(b) imprisonment for a term of 5 years or more, or

(c) a fine of $500,000 or more.

cl 89E: Ins 2022 (802), Sch 1[47].

89F Further actions that may be ordered—the Act, s 394

89F Further actions that may be ordered—the Act, s 394

For the Act, section 394(2)(e), a decision-maker may, for a specified period or an indefinite period, disqualify or prohibit a declared person from being involved in a financial or operating decision about activities under an authorisation or activity approval, whether or not the authorisation or activity approval is in force at the time the order is given.

cl 89F: Ins 2022 (802), Sch 1[47].

89G Purpose of Division

89G Purpose of Division

The purpose of this Division is to make provision, for the Act, section 396(4), for the application of the Act, Part 18, Division 2 to authorisations jointly held by, and applications jointly made by, more than 1 person.

cl 89G: Ins 2022 (802), Sch 1[47].

89H Application of Act, Pt 18, Div 2 to joint authorisations and applications

89H Application of Act, Pt 18, Div 2 to joint authorisations and applications

(1) The Act, Part 18, Division 2—

(a) extends to authorisations jointly held by, and applications jointly made by, more than 1 person, and

(b) without limiting paragraph (a), extends to authorisations jointly held by, and applications jointly made by, a declared person.

(2) The other provisions of this Division do not limit the application of the Act, Part 18, Division 2 to authorisations jointly held by, and applications jointly made by, more than 1 person.

cl 89H: Ins 2022 (802), Sch 1[47].

89I Authorisations held jointly by declared person

89I Authorisations held jointly by declared person

(1) A decision-maker may, by order under the Act, section 394(2)(d), direct a declared person to apply for—

(a) approval, under the Act, Part 7, Division 2, of the transfer of an authority jointly held by the declared person to another person, or

(b) the transfer, under the Act, Part 9, Division 6, of a mineral claim jointly held by the declared person to another person.

(2) The decision-maker may make other orders under the Act, section 394(2) until the transfer is approved or made.

(3) The decision-maker may make a specified decision in relation to the authorisation if the application is not made, or is refused or not granted, within—

(a) 3 months, or

(b) a longer period specified by the decision-maker.

cl 89I: Ins 2022 (802), Sch 1[47].

89J Joint authorisation, renewal and transfer applications

89J Joint authorisation, renewal and transfer applications

(1) A decision-maker may, by order under the Act, section 394(2)(d), direct a person, whether or not a declared person, to amend an application for, or for renewal or transfer of, an authorisation jointly made by more than 1 person to remove a declared person as—

(a) an applicant, or

(b) a transferee.

(2) The decision-maker may make other orders under the Act, section 394(2) until the amendment is made.

(3) The decision-maker may make a specified decision in relation to the authorisation if the amendment is not made within—

(a) 3 months, or

(b) a longer period specified by the decision-maker.

cl 89J: Ins 2022 (802), Sch 1[47].

Part 10 Miscellaneous

Part 10 Miscellaneous

89K Publication of notices—the Act, ss 13A, 14, 33A, 51A, 52 and 272 and Sch 1, cl 24

89K Publication of notices—the Act, ss 13A, 14, 33A, 51A, 52 and 272 and Sch 1, cl 24

(1) This clause specifies, for the following the provisions, the way in which notice of the following must be published—

(a) the Act, section 13A(1)—application for an exploration licence,

(b) the Act, section 14(2)—invitation for tenders for an exploration licence,

(c) the Act, section 33A(1)—application for an assessment lease,

(d) the Act, section 51A(1)—application for a mining lease,

(e) the Act, section 52(2)—invitation for tenders for a mining lease,

(f) the Act, section 272(1)(b)(i)—assessment of compensation,

(g) the Act, Schedule 1, clause 24(1)—proposal to invite tenders for a mining lease.

(2) The notice must be published—

(a) in at least 1 newspaper circulating generally in the State, and

(b) as follows—

(i) in both the print and online editions of at least 1 newspaper circulating in the local area,

(ii) if publication under subparagraph (i) is not possible—in the print or online edition of at least 1 newspaper circulating in the local area,

(iii) if publication under subparagraphs (i) and (ii) is not possible—on a website, or another online platform, that is likely to bring the notice to the attention of persons in the local area.

Example—

The website of the local council.

cl 89K: Ins 2022 (802), Sch 1[48].

89L Notice of access management plans—the Act, s 236J

89L Notice of access management plans—the Act, s 236J

For the Act, section 236J(1), notice of the registration of an access management plan must be published as follows—

(a) in both the print and online editions of at least 1 newspaper circulating in the local area,

(b) if publication under paragraph (a) is not possible—in the print or online edition of at least 1 newspaper circulating in the local area,

(c) if publication under paragraphs (a) and (b) is not possible—on a website, or another online platform, that is likely to bring the notice to the attention of persons in the local area.

Example—

The website of the local council.

cl 89L: Ins 2022 (802), Sch 1[48].

89M Devolution of rights—the Act, ss 162 and 202

89M Devolution of rights—the Act, ss 162 and 202

(1) This clause prescribes, for the following the provisions, the way in which an application for the following must be made—

(a) the Act, section 162(2)—the recording of a person’s name as the holder of an authority,

(b) the Act, section 202(2)—the recording of a person’s name as the holder of a mineral claim.

(2) The application must be made in writing.

cl 89M: Ins 2022 (802), Sch 1[48].

90 Permits to enter land

90 Permits to enter land

(Former clause 73 of 2010 Reg)

(1) A permit under section 254 of the Act must not be granted to an applicant unless the Secretary is satisfied as to the applicant’s identity, having inspected a document (such as a driver licence) that bears both the applicant’s photograph and the applicant’s residential address.

(2) The holder of a permit under section 254 of the Act, and any employee or agent of the holder, may enter the land to which the permit relates only between the hours of 9 am and 5 pm from Monday to Friday (excluding public holidays), unless the permit otherwise specifies.

(3) The holder of a permit must comply with all reasonable requests made by the holder of the land to which the permit relates in relation to the manner and time of entry, provided the requests do not prevent the holder of the permit from carrying out the activities authorised by the permit.

(4) For the purposes of section 260 of the Act, a permit is to be in the form set out in Schedule 8.

90A Objection as to agricultural land—the Act, Sch 2, cl 2A

90A Objection as to agricultural land—the Act, Sch 2, cl 2A

For the Act, Schedule 2, clause 2A(1)(b), an objection must be made—

(a) in writing addressed to the Secretary, and

(b) by sending it—

(i) by post to the address specified by the Secretary as an address to which an objection may be sent, or

(ii) by electronic transmission to an address or location specified by the Secretary as an address or location to which an objection may be sent.

cl 90A: Ins 2022 (802), Sch 1[49].

91 Compensation

91 Compensation

(Former clause 74 of 2010 Reg)

(1) For the purposes of section 265 (3) of the Act, the prescribed period is the period of 28 days beginning on the date on which the mining lease takes effect.

(2) For the purposes of section 272 (1) (a) of the Act, the prescribed manner of assessing compensation is by making an assessment that has regard to the following factors—

(a) the nature, quality, area and particular characteristics of the land concerned,

(b) the proximity of the land to any building, structure, road, track or other facility,

(c) the purpose for which the land is normally used,

(d) the use of the land that is approved under any development consent that is in force in respect of the land.

92 Compensation arising under small-scale titles

92 Compensation arising under small-scale titles

(Former clause 74A of 2010 Reg)

(1) The Secretary is nominated as the collection agency for the purposes of section 266 of the Act.

(2) All the functions of the collection agency may be delegated by the collection agency to Service NSW as customer service functions.

(3) Standard compensation is to be paid to the collection agency in cash or in any other manner that is approved by the collection agency.

(4) The collection agency must pay standard compensation collected on behalf of a landholder to the landholder as reasonably directed by the landholder.

(5) The notice under section 266 (4) (b) of the Act must be sent by mail to the landholder.

(6) The Secretary may rely on such evidence as the Secretary sees fit to be satisfied of a matter under section 266 (4) of the Act. However, the following evidence is taken to be sufficient for the purposes of that subsection—

(a) for evidence that an applicant for a small-scale title and a landholder have entered into a compensation agreement—a document signed by the landholder that identifies the small-scale title and makes it clear that an agreement has been entered into which excludes the need to pay standard compensation,

(b) for evidence that a notice has been sent in the mail to a landholder—a delivery receipt (such as a registered post receipt or a receipt from a courier) showing delivery to the landholder or to the postal address of the landholder.

92A Assessed deposit for group security deposit—the Act, s 261BC

92A Assessed deposit for group security deposit—the Act, s 261BC

For the Act, section 261BC(7)(a), the assessed deposit for a group security deposit must not be less than 50% of the sum of the minimum deposits for the authorisations to which the group security deposit relates as at the date of the assessment of the assessed deposit.

cl 92A: Ins 2022 (802), Sch 1[50].