Part 20Reports

Part 20—Reports 77—Compliance reports (1) This regulation applies in relation to— (a) a mineral claim; and (b) an exploration licence; and (c) a mining lease; and (d) a retention lease; and (e) a miscellaneous purposes licence; and (f) a private mine. (2) The tenement holder in relation to a mineral tenement to which this regulation applies must provide to the Minister after the end of each reporting period a report (a compliance report) in accordance with the requirements of this regulation. (3) For the purposes of subregulation (2), a reporting period is— (i) in relation to a private mine—each 12 month period ending on 30 June in each year; and (ii) in any other case—each 12 month period ending on the anniversary of the day on which the relevant mineral tenement was granted; or (4) A compliance report under subregulation (2)— (a) must be provided within a period after the end of each reporting period determined by the Minister; and (5) If a mineral tenement to which this regulation applies is being transferred, the transferor must provide to the Minister a compliance report in accordance with the requirements of this regulation— (a) unless paragraph (b) applies—in conjunction with the application for the Minister's consent to the transfer; or (b) at a time determined by the Minister in the particular case. (6) A compliance report under subregulation (5)— (a) must relate to the period between the end of the last reporting period applying under subregulation (3) in relation to the mineral tenement and the date of the report; and (7) If or when— (a) a mineral tenement to which this regulation applies expires, or is surrendered, cancelled or forfeited; or (b) part of the area of a mineral tenement to which this regulation applies is surrendered, relinquished or reduced, the tenement holder at that time must provide to the Minister a final compliance report— (c) unless paragraph (d) or (e) applies— (i) in the case of an expiry—before the expiration; or (ii) in the case of a surrender—at the time that the tenement holder applies for the surrender; or (iii) in the case of a cancellation or forfeiture—within 2 months of the date of the cancellation or forfeiture; or (d) in the case of a surrender, relinquishment or reduction of area by operation of section 30AAA, 30A or 33B of the Act—within 2 months after the date of the surrender, relinquishment or reduction; or (e) within a period or at a time determined by the Minister in the particular case. (8) The Director may exempt the holder of an exploration licence from a requirement under this regulation. 78—Technical exploration reports (1) Subject to subregulation (2), this regulation applies in relation to— (a) an exploration licence; and (b) any other mineral tenement where the tenement holder carries out exploration operations. (2) This regulation does not apply in relation to a class of tenement excluded from the operation of this regulation by a determination of the Minister. (3) The tenement holder in relation to a mineral tenement to which this regulation applies must provide to the Minister after the end of each reporting period a report (a technical exploration report) in accordance with the requirements of this regulation. (4) For the purposes of subregulation (3), a reporting period is— (i) in relation to a private mine—each 12 month period ending on 30 June in each year; and (ii) in any other case—each 12 month period ending on the anniversary of the day on which the relevant mineral tenement was granted; or (5) A technical exploration report under subregulation (3)— (a) must be provided within a period after the end of each reporting period determined by the Minister; and (6) If or when— (a) a mineral tenement to which this regulation applies expires, or is surrendered, cancelled or forfeited; or (b) part of the area of a mineral tenement to which this regulation applies is surrendered, relinquished or reduced, the tenement holder at that time must provide to the Minister a final technical report— (c) unless paragraph (d) applies— (i) in the case of an expiry or surrender—within 2 months of the date of the expiration or surrender; or (ii) in the case of a cancellation or forfeiture—within 3 months of the date of the cancellation or forfeiture; or (iii) in the case of a relinquishment or reduction of area—within 2 months after the date of the relinquishment or reduction; or (d) within a period or at a time determined by the Minister in the particular case. 79—Incident reports (1) If or when the holder of a mineral tenement becomes aware of the occurrence of a reportable incident, the holder must ensure that the reportable incident is reported to the Minister in accordance with the requirements of this regulation. Maximum penalty: $10 000. Expiation fee: $1 500. (2) A reportable incident must be reported to the Minister as follows: (a) an initial report must be provided to the Minister within 24 hours after the holder of the tenement becomes aware of the occurrence of the incident; (b) a comprehensive report must be provided to the Minister— (i) unless subparagraph (ii) applies— within 1 month after the holder of the tenement becomes aware of the occurrence of the incident; or (ii) within a period determined by the Minister in a particular case. (3) A report— (a) must be provided in a manner and form determined by the Minister; and (b) must contain the information determined by the Minister. (4) In this regulation— reportable incident means— (a) a contravention of, or a failure to comply with, a condition of a mineral tenement; or (b) a failure to achieve, or a breach of, an outcome specified in a program under Part 10A of the Act; or (c) a contravention of, or a failure to comply with, a condition of a program under Part 10A of the Act; or (d) a triggering of any leading indicator criteria set out in a program under Part 10A of the Act; or (e) action that causes undue damage to the environment in connection with any operations carried out under a mineral tenement; or (f) a failure to comply with a direction under Part 10B of the Act within the time allowed in the direction; or (g) action that constitutes an authorised operation without being duly authorised by or under the Act; or (h) a failure to achieve, or a breach of, an outcome specified in a mine operations plan under Part 11B of the Act; or (i) a breach of the general duty under Part 11B of the Act; or (j) a failure to comply with an order under Part 11B of the Act within the time allowed in the order. 80—Airborne surveys (1) The holder of a mineral tenement who is intending to carry out an airborne survey over land must, in accordance with this regulation, notify the Minister of the holder's intention to carry out the survey. Maximum penalty: $2 500. Expiation fee: $250. (2) A notification— (a) must be provided to the Minister at least 14 days before the airborne survey is due to be carried out; and airborne survey means— (a) an airborne geophysics survey; or (b) remote sensing techniques conducted from the air.