MINING ACT 1992 No. 29
NEW SOUTH WALES
SUMMARY OF CONTENTS
PART 1—PRELIMINARY
PART 2—PROSPECTlNG AND MINING GENERALLY
PART 3—EXPLORATION LICENCES
Division 1—Applications and tenders
Division 2—Restrictions on the grant of exploration licences
Division 3—Granting of exploration licences
Division 4—Rights and duties under an exploration licence
PART 4—ASSESSMENT LEASES
Division 1—Applications
Division 2—Restrictions on the grant of assessment leases
Division 3—Granting of assessment leases
Division 4—Rights and duties under an assessment lease
PART 5—MINING LEASES
Division 1—Applications and tenders
Division 2—Restrictions on the grant of mining leases
Division 3—Granting of mining leases
Division 4—Rights and duties under a mining lease
PART 6—CONSOLIDATION OF MINING LEASES
Division 1—Preliminary
Division 2—Preparation and amendment of consolidated mining leases
Division 3—Notification of Government agencies
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Mining Act 1992 No. 29
Division 4—Notification of holder of existing leases
Division 5—Granting of consolidated mining leases
Division 6—Securities for performance of obligations
Division 7—Preservation of certain rights, liabilities etc. on consolidation
PART 7—RENEWAL, TRANSFER AND CANCELLATION OF AUTHORITIES
Division l—Renewal of authorities
Division 2—Transfer of authorities
Division 3—Cancellation of authorities
PART 8—AUTHORITIES GENERALLY
Division 1—General procedures
Division 2—Access arrangements for prospecting titles
Division 3—Records and registration
Division 4—Miscellaneous
PART 9—MINERAL CLAIMS
Division l—Mineral claims districts
Division 2—Applications
Division 3—Restrictions on the grant of mineral claims
Division 4—Granting of mineral claims
Division 5—Rights and duties under a mineral claim
Division 6—Renewal, transfer and cancellation of mineral claims
Division 7—Miscellaneous
PART 10—OPAL PROSPECTING LICENCES
Division 1—Opal prospecting areas
Division 2—Opal prospecting licences
Division 3—Miscellaneous
PART 11—PROTECTION OF THE ENVIRONMENT
Division l—Environment to be considered before grant of authorities or mineral
Division 2—Conditions for protecting the environment
Division 3—Directions to rehabilitate land
Division 4—Directions to remove mining plant
claims
PART 12—POWERS OF ENTRY
Division 1—Entry by inspectors
Division 2—Entry by other persons
Division 3—Exercise of power of entry
Division 4—Miscellaneous
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PART 13—COMPENSATION
Division l—Prospecting and mining
Division 2—Environmental assessment
Division 3—Procedure for assessing compensation
Division 4—Consolidated mining leases
PART 14—ROYALTY
Division l—Publicly owned minerals
Division 2—Privately owned minerals
Division 3—Petroleum
Division 4—Miscellaneous
PART 15—WARDENS AND WARDENS' COURTS
Division 1—Appointment of wardens and establishment of wardens' courts
Division 2—Practice and procedure in wardens' courts
Division 3—Appeals to the District Court
Division 4—Appeals to the Supreme Court
Division 5—Administrative matters
Division 6—Rules and practice directions
Division 7—Other functions of wardens
Division 8—Miscellaneous
PART 16—THE GEOLOGICAL AND MINING MUSEUM
Division l—Preliminary
Division 2—The Geological and Mining Museum Trust
Division 3—Trust property
Division 4—Administration
Division 5—Financial provisions
Division 6—Miscellaneous
PART 17—ADMINISTRATION
Division l—Administration
Division 2—Classification of lands
Division 3—Offences
Division 4—Miscellaneous
PART 18—SUPPLEMENTARY
SCHEDULE l—PUBLIC CONSULTATION WITH RESPECT TO THE
GRANTING OF ASSESSMENT LEASES AND MINING LEASES
SCHEDULE 2—AGRICULTURAL LAND
SCHEDULE 3—THE GEOLOGICAL AND MINING MUSEUM
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SCHEDULE 4—REGULATION MAKING POWERS
SCHEDULE 5—AMENDMENT OF OTHER ACTS
SCHEDULE 6—SAVINGS, TRANSITIONAL AND OTHER PROVISIONS
DICTIONARY OF WORDS AND EXPRESSIONS
MINING ACT 1992 No. 29
NEW SOUTH WALES
TABLE OF PROVISIONS
PART 1—PRELIMINARY
1. Short title
2. Commencement
3. Act binds Crown
4. Definitions
PART 2—PROSPECTING AND MINING GENERALLY
5. Mining etc. for publicly owned minerals
6. Mining etc. for privately owned minerals on land subject to authority etc.
7. Mining etc. for privately owned minerals on land subject to pending application
8. Mining etc. for privately owned minerals without due notice etc. to
9. Mining etc. for privately owned coal
10. Defence to prosecutions under Part 2
11. Property in minerals lawfully mined
12. Fossicking
for authority etc.
Director-General
Division l—Applications and tenders
13. Applications
14. Invitations for tenders
15. Tenders
16. Minister may require further information
17. Minister may exclude land from application or tender
PART 3—EXPLORATION LICENCES
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Division 2—Restrictions on the grant of exploration licences
Land in reserve or opal prospecting area
Land subject to authority
Land on which private mining operations being carried on
Colliery holdings
Division 3—Granting of exploration licences
Power of Minister in relation to applications
Power of Minister in relation to tenders
Land over which exploration licence may be granted
Shape and dimensions of land over which exploration licence may be granted
Conditions of exploration licence
Term of exploration licence
Form of exploration licence
Division 4—Rights and duties under an exploration licence
Rights under exploration licence
Exempted areas
Dwelling-houses, gardens and improvements
Exploration areas over which authority is subsequently granted
PART 4—ASSESSMENT LEASES
Division l—Applications
Applications
Minister may require further information
Minister may exclude land from application
Division 2—Restrictions on the grant of assessment leases
Land in reserve or opal prospecting area
Land subject to authority
Land subject to exploration licence
Land on which private mining operations being carried on
Colliery holdings
Division 3—Granting of assessment leases
Power of Minister in relation to applications
Land over which assessment lease may be granted
Shape and dimensions of land over which assessment lease may be granted
Conditions of assessment lease
Term of assessment lease
Form of assessment lease
Division 4—Rights and duties under an assessment lease
Rights under assessment lease
Exempted areas
Dwelling-houses, gardens and improvements
Assessment areas over which authority is subsequently granted
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PART 5—MINING LEASES
Division l—Applications and tenders
Applications
Invitations for tenders
Tenders
Minister may require further information
Minister may exclude land from application or tender
Application for mining lease may be dealt with as application for exploration
licence or assessment lease
Division 2—Restrictions on the grant of mining leases
Land in reserve or opal prospecting area
Land subject to authority
Land subject to exploration licence
Land on which private mining operations being carried on
Colliery holdings
Dwelling-houses, gardens and improvements
Division 3—Granting of mining leases
Power of Minister in relation to applications
Power of Minister in relation to tenders
Development consents under the Environmental Planning and Assessment Act
1979
Survey of land to be carried out
Recovery of public money expended on testing for minerals or research
Land over which mining lease may be granted
Shape and dimensions of land over which mining lease may be granted
Conditions of mining lease
Term of mining lease
Form of mining lease
Division 4—Rights and duties under a mining lease
Rights under mining lease
Mining unaffected by Environmental Planning and Assessment Act 1979
Fencing of land subject to mining lease
Addition of mineral to mining lease
Inclusion of petroleum in mining lease
Amendment of mining lease in respect of certain conditions
Prevention of damage to prescribed dams
Surface prospecting in relation to subsurface leases
Resumption etc. not to affect mining lease
Mining areas over which an authority is subsequently granted
Mining purposes
PART 6—CONSOLIDATION OF MINING LEASES
Division 1—Preliminary
Definitions
Existing leases that may be consolidated
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Division 2—Preparation and amendment of consolidated mining leases
Preparation of proposed lease
Amendment of proposed lease
Division 3—Notification of Government agencies
Notification of Director of Planning
Notification of Dams Safety Committee
Subsequent amendment of proposed lease
Objections to granting of proposed lease
Resolution of objections
Granting of proposed lease if objection or proposal made
Division 4—Notification of holder of existing leases
Notification of holder of existing leases
Subsequent amendment of proposed lease
Objections to granting of proposed lease
Consideration of objections
Division 5—Granting of consolidated mining leases
Minister may grant consolidated mining lease
Land over which consolidated mining lease may be granted
Conditions of consolidated mining lease
Term of consolidated mining lease
Form of consolidated mining lease
Validity of consolidated mining lease not affected by certain defects
Application of this Act and other Acts to grant of consolidated mining leases
Division 6—Securities for performance of obligations
Requirement of security
Credit for existing securities
Appropriation of existing securities
Division 7—Preservation of certain rights, liabilities etc. on consolidation
Liability generally preserved
Saving of interest in existing leases
Councils and development consents
Directions affecting range of minerals
Rights of way
Division l—Renewal of authorities
113. Applications
114. Power of Minister in relation to applications
115. Notice of renewal to be served on holder of authority
116. Application by some only of holders of authority
117. Authority to have effect until application dealt with
118. Date from which renewal of authority has effect etc.
119. Partial renewals
PART 7—RENEWAL, TRANSFER AND CANCELLATION OF AUTHORITIES
Mining Act 1992 No. 29
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Division 2—Transfer of authorities
Applications
Power of Minister in relation to applications
Registration of transfers
Partial transfers
Caveats
Division 3—Cancellation of authorities
Grounds of cancellation
Cancellations
Compensation for cancellation
Appeals against cancellation
PART 8—AUTHORITIES GENERALLY
Division 1—General procedures
Holder of authority must be at least 18
Withdrawal of application
Pending applications
Disputes as to priority of applications
Nomination by applicant etc.
Death etc. of applicant
Waiver of minor procedural matters
Gazettal of certain matters
Limitation of right to challenge technical defects in authorities
Division 2—Access arrangements for prospecting titles
Application of Division
Arbitration Panel
Prospecting to be carried out in accordance with access arrangement
Matters for which access arrangement to provide
Holder of prospecting title to seek access arrangement
Appointment of arbitrator by agreement
Appointment of arbitrator in default of agreement
Arbitration
Right of appearance
Conciliation
procedure
Interim determination by arbitrator
Further arbitration
Final determination by arbitrator
costs
Withdrawal from arbitration
Liability
Review of determination
Effect of access arrangement etc.
Variation of access arrangements
Duration of access arrangements
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Division 3—Records and registration
Records
Interest in authority to be created by instrument in writing
Registration of certain interests
Devolution of rights of holder of authority
Colliery holdings
Division 4—Miscellaneous
Rights of way
Right of access to water
Use of water, timber and pasturage etc.
Joint holders of authorities
Suspension of conditions
Forfeiture of security deposit
Settlement of certain disputes
Minister and certain other persons indemnified in certain circumstances
Evidentiary provision
PART 9—MINERAL CLAIMS
Division l—Mineral claims districts
Constitution of mineral claims districts
Notice of proposal to constitute mineral claims district
Special conditions
Division 2—Applications
Marking out of proposed claim area
Notice of intention to apply for mineral claim
Application for granting of mineral claim
Objection as to agricultural land
Division 3—Restrictions on the grant of mineral claims
General restrictions
Exempted areas
Land in reserve or opal prospecting area
Land subject to authority
Land subject to exploration licence over different minerals etc.
Land on which private mining operations being carried on
Colliery holdings
Agricultural land
Dwelling-houses, gardens and improvements
Mineral claim not to be re-granted to former holder
Division 4—Granting of mineral claims
Power of mining registrar in relation to applications
Land over which mineral claim may be granted
Conditions of mineral claim
Term of mineral claim
Certificate of mineral claim
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Division 5—Rights and duties under a mineral claim
Rights under mineral claim
Claim areas over which authority is subsequently granted
Division 6—Renewal, transfer and cancellation of mineral claims
Application for renewal
Determination of application for renewal
Partial renewal
Application for transfer
Determination of application for transfer
Devolution by operation of law
Grounds of cancellation
Cancellations
Compensation for cancellation
Appeals against cancellation
Division 7—Miscellaneous
Holder of mineral claim must be at least 18
Withdrawal of application
Pending applications
Death etc. of applicant for granting of mineral claim
Rights of way
Right of access to water
Use of water, timber and pasturage etc.
Joint holders of mineral claims
Suspension of conditions
Forfeiture of security deposit
Settlement of certain disputes
Minister and certain other persons indemnified in certain circumstances
Evidentiary provision
PART 10—OPAL PROSPECITNG LICENCES
Division 1—Opal prospecting areas
Opal prospecting areas
Notification of occupiers of land
Objections
Certain land not to be included in opal prospecting area
Opal prospecting blocks
Map of opal prospecting area to be prepared
Division 2—Opal prospecting licences
Applications
Restrictions on grant of licence
Granting of licence
Conditions of licence
Term of licence
Form of licence
Rights under licence
Grounds of cancellation
Cancellations
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Division 3—Miscellaneous
Certain claims for damages prohibited
Evidentiary provision
PART 11—PROTECTION OF THE ENVIRONMENT
Division 1—Environment to be considered before grant of authorities or
mineral claims
Need to protect natural resources etc. to be taken into account
Division 2—Conditions for protecting the environment
Inclusion of conditions for protecting the environment
Rehabilitation etc. of area damaged by mining
Division 3—Directions to rehabilitate land
Direction to comply with conditions of authority or mineral claim
Rehabilitation by Minister at holder's expense
Recovery of costs of rehabilitation
Division 4—Directions to remove mining plant
Application of Division
Definitions
Clearing away of mining plant
Sale of mining plant
PART 12—POWERS OF ENTRY
Division 1—Entry by inspectors
Powers of inspectors
Certificates of authority
Division 2—Entry by other persons
Entry on land for rehabilitation purposes etc.
Surveys
Environmental assessment
Encroachments by mining works etc.
Permit to enter Crown land
Ore sampling
Division 3—Exercise of power of entry
Restriction of power of entry
Premises used for dwelling purposes
Obstruction
Division 4—Miscellaneous
Conditions of permit
Term of permit
Form of permit
Cancellation of permit
Mining Act 1992 No. 29
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PART 13—COMPENSATION
Division l—Prospecting and mining
Definition
Compensation arising under exploration licence
Compensation arising under assessment lease
Compensation arising under mining lease
Compensation arising under mineral claim
Compensation arising under opal prospecting licence
Compensation payable on transfer of certain authorities etc.
Division 2—Environmental assessment
Definitions
Compensation arising under environmental assessment permit
Division 3—Procedure for assessing compensation
Definitions
Assessment of compensation
Payment into court
Payment out of court
Procedure of court in making assessment
Additional assessment
Directions to furnish names and addresses
Appeals
Division 4—Consolidated mining leases
Compensation not payable on consolidation
Compensation already due not affected by consolidation
Compensation for further loss
PART 14—ROYALTY
Division l—Publicly owned minerals
Liability to pay royalty
Rate of royalty
Division 2—Privately owned minerals
Liability to pay royalty
Rate of royalty
Division 3—Petroleum
Royalty payable on petroleum recovered under mining lease for coal
Division 4—Miscellaneous
Exemption from royalty
Trust fund etc.
Returns
Minister may require information to be furnished etc.
Payment of royalty
Recovery of royalty
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PART 15—WARDENS AND WARDENS’ COURTS
Division l—Appointment of wardens and establishment of wardens’ courts
Appointment of chief warden and wardens
Establishment of wardens’ courts
Mining registrars to be registrars of wardens’ courts
Jurisdiction of wardens’ courts
Decisions etc. of wardens’ courts bind parties
Division 2—Practice and procedure in wardens’ courts
Signing of process etc.
Time for holding warden’s court
Register to be kept
Commencement of proceedings by summons
Complaint may be heard without summons
Warden to hear and determine complaint
Right of appearance
Complaint not to be dismissed for informality
Amendment of proceedings
Registrar of warden’s court may adjourn court in absence of warden
Defendant may pay money into court
Instalments may be ordered
Complaints for injury to property etc.
Warden may order deposit of mineral etc.
Warden may grant injunction
Granting of injunctions in cases of urgency
Orders protecting adjacent authorities and mineral claims
Contravention of injunction
Court may order payment of money or delivery of mineral
Costs may be allowed
Form and service of orders
Certain orders may be entered as judgments
Warden may authorise person or officer to perform any prescribed act
Division 3—Appeals to the District Court
Right to appeal from warden’s court to District Court
Appeal stays decision appealed against
Mode of enforcing decision after appeal
Right of appeal under Division 4 abandoned
Division 4—Appeals to the Supreme Court
Case stated for opinion of Supreme Court
Powers of Supreme Court on hearing a stated case
Mode of enforcing decision after appeal
Right of appeal under Division 3 abandoned
Division 5—Administrative matters
Documents and affidavits may be in writing or print
Contempt of court and penalties
Interpleader
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Division 6—Rules and practice directions
Practice and procedure etc. of wardens’ courts
Chief warden may issue practice directions
Division 7—Other functions of wardens
Inquiries generally
Mining registrar may request inquiry by warden
Procedure on inquiry
No appeals against a warden’s administrative functions
Division 8—Miscellaneous
Witness neglecting to appear
Disobedience of order
Person removed from land not to retake possession etc.
PART 16—THE GEOLOGICAL AND MINING MUSEUM
Division l—Preliminary
Definitions
Division 2—The Geological and Mining Museum Trust
Constitution of the Trust
Objects of the Trust
Functions of the Trust
Division 3—Trust property
Acquisition of property
Disposal of property
Vesting of certain property
Division 4—Administration
Staff of the Trust etc.
The Director
Committees
Division 5—Financial provisions
Financial year
Funds of the Trust
Investment powers
Investment common funds
Terms of trust to prevail
Division 6—Miscellaneous
Reports to Minister
Delegation by Trust and Director
Recovery of charges etc. by Trust
PART 17—ADMINISTRATION
Division 1—Administration
Boards of management
Mining registrars and other staff
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Inspectors
Exclusion of personal liability
Delegation of functions by Minister or Director-General
Minister etc. not to be holder of an authority, mineral claim or opal prospecting
licence
Disclosure of information etc.
Division 2—Classification of lands
Mining divisions
Reserves
Mineral allocation areas
Notification areas
Graticulation of the Earth's surface
Points etc. to be ascertained by reference to Australian Geodetic Datum
Division 3—Offences
Obstruction of wardens etc.
Obstruction etc. of holder of authority etc.
False or misleading information etc.
Proceedings for offences
Offences by corporations
Division 4—Miscellaneous
Museums and laboratories
Purchase of coal bearing land
PART 18—SUPPLEMENTARY
Saving of royal prerogative
Saving of other Acts etc.
Prospecting unaffected by Environmental Planning and Assessment Act 1979
Applications generally
Service of documents
Defence in proceedings for defamation
Payment of compensation
Recovery of unpaid fees etc.
Government agencies
Regulations
Repeals
Amendment of other Acts
Savings, transitional and other provisions
SCHEDULE l—PUBLIC CONSULTATION WITH RESPECT TO THE GRANTING
OF ASSESSMENT LEASES AND MINING LEASES
SCHEDULE 2—AGRICULTURAL LAND
SCHEDULE 3—THE GEOLOGICAL AND MINING MUSEUM
SCHEDULE 4—REGULATION MAKING POWERS
SCHEDULE 5—AMENDMENT OF OTHER ACTS
SCHEDULE 6—SAVINGS, TRANSITIONAL AND OTHER PROVISIONS
DICTIONARY OF WORDS AND EXPRESSIONS
MINING ACT 1992 No. 29
NEW SOUTH WALES
Act No. 29, 1992
An Act to make provision with respect to prospecting for and mining
minerals; to repeal the Mining Act 1973 and the Coal Mining Act 1973;
and for other purposes. [Assented to 18 May 1992]
2
Mining Act 1992 No. 29
The Legislature of New South Wales enacts:
PART 1—PRELIMINARY
Short title
1. This Act may be cited as the Mining Act 1992.
Commencement
2. This Act commences on a day or days to be appointed by
proclamation.
Act binds Crown
3. This Act binds the Crown in right of New South Wales and, in so
far as the legislative power of Parliament permits, the Crown in all its
other capacities.
Definitions
4. (1) In this Act, the words and expressions referred to in the Table
to this section have the meanings given to them in the Dictionary at the
end of this Act.
(2) In this Act, words and expressions defined in the Interpretation Act
1987 (other than words or expressions referred to in the Table to this
section) have the meanings given to them by that Act.
TABLE
access arrangement
allocated mineral
approved
Arbitration Panel
arbitrator
assessment area
assessment lease
authority
block
chief inspector of coal mines
chief warden
claim area
colliery holding
consent authority
consolidated mining lease
controlling body
council
Crown land
Crown Lands Acts
Crown lease for pastoral
dam
Dams Safety Committee
Department
development consent
Director-General
environmental planning
instrument
purposes
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Mining Act 1992 No. 29
exempted area
exercise a function
exploration area
exploration licence
function
Government agency
group of minerals
inspector
irrigation area
land
local government area
mine
mineral
mineral allocation area
mineral claim
mineral claims district
mining area
mining division
mining improvement
mining lease
mining operations
mining purpose
mining registrar
notification area
occupier
opal prospecting area
opal prospecting block
opal prospecting licence
owner
Party
pastoral lease
petroleum
prescribed dam
private land
privately owned mineral
prospect
prospecting operations
publicly owned mineral
reserve
special conditions
special lease for pastoral
surveyor
unit
warden
warden’s court
Western lands lease for
purposes
pastoral purposes
PART 2—PROSPECTING AND MINING GENERALLY
Mining etc. for publicly owned minerals
5. A person must not prospect for or mine any publicly owned
mineral on any land otherwise than in accordance with an authority,
mineral claim or opal prospecting licence that is in force in respect of that
mineral and that land.
Maximum penalty: 100 penalty units or imprisonment for 6 months, or
both.
Mining etc. for privately owned minerals on land subject to authority
etc.
6. (1) A person must not prospect for or mine any privately owned
mineral on any land over which some other person is the holder of an
authority or mineral claim.
Maximum penalty: 100 penalty units or imprisonment for 6 months, or
both.
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Mining Act 1992 No. 29
(2) This section applies whether or not the mineral for which the person
prospects or mines is a mineral to which the authority or mineral claim
relates.
Mining etc. for privately owned minerals on land subject to pending
application for authority etc.
7. (1) A person must not prospect for or mine any privately owned
mineral on any land over which some other person is the applicant for an
authority or mineral claim unless the person commenced to do so before
the application was made.
Maximum penalty: 100 penalty units or imprisonment for 6 months, or
both.
(2) This section applies whether or not the mineral for which the person
prospects or mines is a mineral to which the application relates.
Mining etc. for privately owned minerals without due notice etc. to
Director-General
8. (1) A person must not, on any land, prospect for or mine any
privately owned mineral unless:
(a) the person has caused notice of intention to do so to be given to the
Director-General; and
(b) the person has caused security, in a form and an amount determined
in accordance with the regulations, to be lodged with the
Director-General; and
(c) the person prospects for or mines the mineral in accordance with
the conditions (if any) prescribed by the regulations.
Maximum penalty: 100 penalty units or imprisonment for 6 months, or
(2) The notice referred to in subsection (1) (a) must contain the
(a) the date on which the person intends to commence prospecting or
mining operations;
(b) the mineral in relation to which prospecting or mining operations
are to be carried on;
(c) a description, prepared in the manner prescribed by the regulations,
of the land on which the prospecting or mining operations are to be
carried on;
(d) if the person is not the owner of the mineral—the name and address
of the owner of the mineral and the date on which the person
both.
following particulars:
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Mining Act 1992 No. 29
obtained the consent of the owner of the mineral to the person’s
carrying on prospecting or mining operations.
(3) The regulations referred to in subsection (1) (c) may prescribe
(a) the rehabilitation, levelling, regrassing, reforesting or contouring of
any parts of the land on which prospecting or mining operations are
carried on that are damaged or otherwise adversely affected by
those operations; and
(b) the filling in, sealing or fencing off of excavations, shafts and
tunnels,
and other requirements directed at the restoration of the land or the
protection of the environment.
(4) This section does not apply to a person who is prospecting or
mining under an authority, mineral claim or opal prospecting licence in
force in respect of the land and mineral concerned.
requirements relating to:
Mining etc. for privately owned coal
9. A person must not prospect for or mine privately owned coal on
any land otherwise than in accordance with an authority for coal in force
in respect of the land.
Maximum penalty: 100 penalty units or imprisonment for 6 months, or
both.
Defence to prosecutions under Part 2
10. It is a sufficient defence to a prosecution under this Part if the
person who was prospecting for or mining a mineral establishes that the
person was doing so:
(a) by virtue of an entitlement arising from a legal or equitable interest
(b) in the course of lawful fossicking.
that is registered under section 161; or
Property in minerals lawfully mined
11. (1) For the purposes of this or any other Act or law, it is declared
that any mineral that is lawfully mined becomes the property of the
person by or on behalf of whom it is mined at the time the material from
which it is recovered is severed from the land from which it is mined.
(2) For the purposes of this or any other Act or law, it is declared that
any mineral contained in:
(a) a stockpile of material that has been lawfully mined for the purpose
of enabling the mineral to be recovered; or
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Mining Act 1992 No. 29
(b) a pile of tailings arising from the recovery of a mineral from
remains the property of the person by or on behalf of whom the material
was mined and does not become part of the land on which it is situated.
(3) However, any mineral that has been mined pursuant to a mining
lease or mineral claim but is still contained in such a stockpile or pile of
tailings when the lease or claim ceases to have effect:
(a) ceases to be the property of the person by or on behalf of whom the
material in the stockpile or pile of tailings was mined; and
(b) becomes part of the land on which the stockpile or pile of tailings
is situated,
material that has been so mined,
at the time the mining lease or mineral claim ceases to have effect.
(4) This section is subject to the provisions of any private agreement.
Fossicking
that fossicking is a lawful activity.
12. (1) For the purposes of this or any other Act or law, it is declared
(2) Subsection (1):
(a) does not affect any other Act or law that prohibits, regulates or
restricts fossicking or that has the effect of prohibiting, regulating
or restricting fossicking; and
(b) does not confer on any person a right to fossick on private land that
is not owned by that person.
(3) Any publicly owned mineral that is recovered in the course of
lawful fossicking becomes the property of the person by whom it is found
at the time it is severed from the land on which it is found.
PART 3—EXPLORATION LICENCES
Division 1—Applications and tenders
Applications
(1) Any person may apply for an exploration licence.
An application for an exploration licence:
must specify the group or groups of minerals in respect of which it
is made; and
must be lodged with a mining registrar; and
13.
(2)
(3)
(4)
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Mining Act 1992 No. 29
(c) must be accompanied by the required particulars; and
(d) must be accompanied by the fee prescribed by the regulations.
(3) The required particulars are as follows:
(a) a description, prepared in the manner prescribed by the regulations,
of the land over which the exploration licence is sought;
(b) particulars of the financial resources available to the applicant;
(c) particulars of the technical advice available to the applicant;
(d) particulars of the program of work proposed to be carried out by
the applicant on the land over which the exploration licence is
sought;
(e) particulars of the estimated amount of money that the applicant
proposes to expend on prospecting.
(4) An application that relates to land within a mineral allocation area
may not be made, except with the consent of the Minister, in relation to
any group of minerals that includes an allocated mineral.
Invitations for tenders
14. (1) This section applies only in relation to allocated minerals in
(2) The Minister may, by notice published:
(a) in a newspaper circulating generally throughout the State; and
(b) in one or more newspapers circulating in the locality in which the
land within a mineral allocation area.
land concerned is situated,
invite tenders for an exploration licence for an allocated mineral.
(3) An invitation:
(a) must describe the land to which it relates; and
(b) must identify the allocated mineral to which it relates; and
(c) must specify the place at which, and the date on or before which,
tenders for the exploration licence should be lodged.
Tenders
15. (1) A tender for an exploration licence:
(a) must be lodged with the Director-General in accordance with the
(b) must be accompanied by the required particulars; and
(c) must be accompanied by the fee prescribed by the regulations.
invitation for the tender; and
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Mining Act 1992 No. 29
(2) The required particulars are as follows:
(a) particulars of the financial resources available to the tenderer;
(b) particulars of the technical advice available to the tenderer;
(c) particulars of the program of work proposed to be carried out by
the tenderer on the land over which the exploration licence is
sought;
(d) particulars of the estimated amount of money that the tenderer
proposes to expend on prospecting.
(3) A tender may specify that, in the event that the tender is successful,
the tenderer will pay a specified amount in addition to the cash reserve
price (if any) specified in the invitation for the tender.
(4) A tender may be made in respect of the whole or any part of the
land described in the invitation for the tender.
Minister may require further information
16. The Minister may require the applicant or tenderer to furnish
further information in connection with the application or tender, including
(if the applicant or tenderer is a corporation) information as to the extent
to which the controlling power in the corporation’s affairs is held by a
foreign company or recognised company (within the meaning of the
Corporations Law) or by an individual who is a resident of a foreign
country.
Minister may exclude land from application or tender
17. (1) The Minister may, by order in writing, direct that any part of
the land to which an application or tender relates be excluded from the
application or tender.
(2) A direction takes effect on the date on which written notice of the
direction is served on the applicant or tenderer.
(3) A tenderer affected by any such direction may amend the tender by
written notice lodged with the Director-General on or before such date as
may be specified in the direction.
Division 2—Restrictions on the grant of exploration licences
Land in reserve or opal prospecting area
18. An exploration licence may not be granted over any land within:
(a) an opal prospecting area; or
(b) a reserve in respect of which an order prohibiting the granting of
exploration licences is in force under section 367.
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Mining Act 1992 No. 29
Land subject to authority
19. (1) An exploration licence may not be granted over any land:
(a) the subject of some other exploration licence that includes a group
of minerals in respect of which the firstmentioned exploration
licence is sought; or
(b) the subject of a mining lease, assessment lease or mineral claim; or
(c) the subject of an application for an exploration licence, assessment
lease, mining lease or mineral claim that was lodged before the
application for the firstmentioned exploration licence was lodged,
otherwise than to or with the written consent of the holder of, or the
applicant for, that licence, lease or claim.
(2) A written consent given under this section is irrevocable.
(3) If, as a result of such a consent, an exploration licence is granted
over any such land, that land:
(a) ceases to be subject to the exploration licence, assessment lease,
mining lease or mineral claim concerned; or
(b) is excluded from the application for the exploration licence,
assessment lease, mining lease or mineral claim concerned,
as the case requires.
Land on which private mining operations being carried on
relation to a privately owned mineral:
20. (1) An exploration licence may not be granted over any land in
(a) if mining operations are being carried out on the land by or with
(b) if a notice has been lodged with the Director-General in respect of
the consent of the owner of the mineral; and
those mining operations in accordance with section 8,
except with the written consent of the owner of the mineral.
(2) A written consent given under this section is irrevocable.
(3) Any dispute as to whether or not this section applies in any
particular case is to be referred to a warden for inquiry and report and is
to be decided by the Director-General on the basis of the warden's report.
Colliery holdings
21. An exploration licence may not be granted over land within a
colliery holding unless the chief inspector of coal mines is satisfied that
prospecting operations may be carried out under the licence without any
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Mining Act I992 No. 29
adverse effect on, and without any risk to the safety of the persons
engaged in, the carrying out of coal mining operations in the exploration
area.
Division 3—Granting of exploration licences
Power of Minister in relation to applications
Minister:
22. (1) After considering an application for an exploration licence, the
(a) may grant an exploration licence to the applicant; or
(b) may refuse the application.
(2) Without limiting the generality of subsection (l), an application
may be refused on the ground that the applicant has been convicted of an
offence against this Act or the regulations or any other offence relating to
mining or minerals.
(3) The Minister may grant a single exploration licence in respect of 2
or more applications or 2 or more exploration licences in respect of a
single application.
Power of Minister in relation to tenders
23. (1) After considering a tender in respect of land in respect of
(a) may grant an exploration licence to the tenderer; or
(b) may refuse the tender.
(2) After considering all tenders in respect of land in respect of which
(a) may grant an exploration licence to any one of the tenderers and
refuse the other tenders; or
(b) may refuse all of the tenders.
(3) Without limiting the generality of subsections (1) and (2), a tender
may be refused on the ground that the tenderer has been convicted of an
offence against this Act or the regulations or any other offence relating to
mining or minerals.
(4) For the purposes of this section, only one tender is lodged in respect
of land if no other tender is lodged in respect of the land or any part of
the land.
which one tender only is lodged, the Minister:
more than one tender is lodged, the Minister:
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Mining Act 1992 NO. 29
Land over which exploration licence may be granted
24. (1) An exploration licence may be granted over private land, over
Crown land or over land that is partly private land and partly Crown land.
(2) An exploration licence may be granted in respect of any group or
groups of minerals, regardless of whether the minerals in any such group
are publicly owned, privately owned or partly publicly and partly
privately owned.
(3) An exploration licence may be granted over the surface of land,
over the surface of land and the subsoil below the surface, over the
surface of land and the subsoil down to a specified depth below the
surface or over the subsoil below or between any specified depth or
depths below the surface of land.
Shape and dimensions of land over which exploration licence may be
granted
25. (1) The land over which an exploration licence is granted must be
at least 1, but not more than 100, units in area unless the Minister
determines that it is appropriate, in the particular circumstances of the
case, for the licence to be granted over a larger area of land.
(2) The land over which an exploration licence is granted may differ in
size or shape from, but may not include land other than, the land over
which the licence was sought.
(3) Land that, by operation of section 19, is excluded from the land
over which an exploration licence is granted because, when the licence is
granted, the land is the subject of an assessment lease, a mining lease or a
mineral claim becomes subject to the exploration licence:
(a) if the assessment lease, mining lease or mineral claim ceases to
(b) if, when it does so, the land is not then subject to a further
(4) Land that, by operation of section 19, is excluded from the land
over which an exploration licence is granted because, when the licence is
granted, the land is subject to a pending application for an assessment
lease, mining lease or mineral claim becomes subject to the exploration
licence:
have effect in respect of the land; and
assessment lease, mining lease or mineral claim.
(a) if the application is subsequently refused or withdrawn; or
(b) if, when the assessment lease, mining lease or mineral claim is
granted, the land does not become subject to the lease or claim.
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Mining Act 1992 No. 29
Conditions of exploration licence
Minister may, when granting the licence, impose.
following kind may be imposed on an exploration licence:
26. (1) An exploration licence is subject to such conditions as the
(2) Without limiting the generality of subsection ( l ) , conditions of the
(a) conditions requiring the holder of the licence to pay royalty to the
Minister on any minerals recovered under the licence;
(b) conditions requiring the holder of the licence to give security (in
such amount and form, and on or before such date, as the Minister
may determine) for the fulfilment of the obligations arising under
this Act in respect of the licence.
(3) Part 14 applies to royalty payable under a condition referred to in
subsection (2) (a) in the same way as it applies to royalty payable on a
mineral recovered under a mining lease.
Term of exploration licence
27. An exploration licence:
(a) takes effect on the date on which it is granted or on such later date
(b) ceases to have effect at the expiration of such period (not exceeding
as the Minister may determine; and
5 years) as the Minister may determine.
Form of exploration licence
include the following particulars:
28. An exploration licence is to be in the approved form and is to
(a) a description of the land over which it is granted;
(b) a list of the group or groups of minerals in respect of which it is
(c) the conditions to which it is subject;
(d) the period for which it is to have effect.
granted;
Division 4—Rights and duties under an exploration licence
Rights under exploration licence
29. (1) The holder of an exploration licence may, in accordance with
the conditions of the licence, prospect on the land specified in the licence
for the group or groups of minerals so specified.
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Mining Act 1992 No. 29
(2) If an application for an assessment lease, mining lease or mineral
claim made by the holder of an exploration licence is not finally dealt
with before the date on which the licence would otherwise cease to have
effect, the licence continues to have effect, in relation only to the land to
which the application relates, until the application is finally dealt with.
(3) Subsection (2) does not operate to extend an exploration licence for
more than 2 years after the date on which it would otherwise expire.
Exempted areas
30. (1) The holder of an exploration licence may not, except with the
consent of the Minister, exercise any of the rights conferred by the licence
within land in an exempted area.
(2) Such consent may be given either unconditionally or subject to
conditions.
Dwelling-houses, gardens and improvements
the rights conferred by the licence over land:
31. (1) The holder of an exploration licence may not exercise any of
on which, or within the prescribed distance of which, is situated a
dwelling-house that is the principal place of residence of its
occupier; or
on which, or within the prescribed distance of which, is situated
any garden; or
on which is situated any improvement (being a substantial building,
dam, reservoir, contour bank, graded bank, levee, water disposal
area, soil conservation work or other valuable work or structure)
other than an improvement constructed or used for mining purposes
and for no other purposes,
except with the written consent of the occupier (and, in the case of private
land, the owner) of the land.
(2) The prescribed distance is:
(a) 200 metres (or, if a greater distance is prescribed by the regulations,
the greater distance) for the purposes of subsection (1) (a); and
(b) 50 metres (or, if a greater distance is prescribed by the regulations,
the greater distance) for the purposes of subsection (1) (b).
(3) A written consent given under this section is irrevocable.
(4) Any dispute as to whether or not subsection (1) applies in any
particular case is to be referred to a warden for inquiry and report and is
to be decided by the Minister on the basis of the warden’s report.
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Mining Act 1992 No. 29
Exploration areas over which authority is subsequently granted
32. Land over which an exploration licence is granted and over which
some other authority (other than an exploration licence for some other
group or groups of minerals) is subsequently granted ceases to be part of
the exploration area when the other authority takes effect.
PART 4—ASSESSMENT LEASES
Division l—Applications
Applications
33. (1) Any person may apply for an assessment lease.
(2) An application for an assessment lease:
(a) must specify the mineral or minerals in respect of which it is made;
(b) must be lodged with a mining registrar; and
(c) must be accompanied by the required particulars; and
(d) must be accompanied by the fee prescribed by the regulations.
(3) The required particulars are as follows:
(a) a description, prepared in the manner prescribed by the regulations,
(b) an assessment of the mineral bearing capacity of that land and of
(c) particulars of the financial resources available to the applicant;
(d) particulars of the technical advice available to the applicant;
(e) particulars of the program of work proposed to be carried out by
the applicant on the land over which the assessment lease is sought;
(f) particulars of any program of marketing or environmental study
proposed to be carried out by the applicant;
(g) particulars of the estimated amount of money that the applicant
proposes to expend on prospecting.
(4) An application that relates to land within a mineral allocation area
may not be made in relation to a mineral or group of minerals for which
the mineral allocation area is constituted except:
(a) by the holder of an exploration licence or mining lease over that
(b) with the consent of the Minister.
and
of the land over which the assessment lease is sought;
the extent of any mineral deposits in that land;
land in respect of that mineral or group of minerals; or
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Mining Act 1992 No. 29
Minister may require further information
34. The Minister may require the applicant to furnish further
information in connection with the application, including (if the applicant
is a corporation) information as to the extent to which the controlling
power in the corporation’s affairs is held by a foreign company or
recognised company (within the meaning of the Corporations Law) or by
an individual who is a resident of a foreign country.
Minister may exclude land from application
35. (1) The Minister may, by order in writing, direct that any part of
the land to which an application relates be excluded from the application.
(2) A direction takes effect on the date on which written notice of the
direction is served on the applicant.
Division 2—Restrictions on the grant of assessment leases
Land in reserve or opal prospecting area
36. An assessment lease may not be granted over any land within:
(a) an opal prospecting area; or
(b) a reserve in respect of which an order prohibiting the granting of
assessment leases is in force under section 367.
Land subject to authority
37. (1) An assessment lease may not be granted over any land:
(a) the subject of an exploration licence that includes any mineral or
minerals in respect of which the assessment lease is sought; or
(b) the subject of an assessment lease, mining lease or mineral claim;
or
(c) the subject of an application for an exploration licence, assessment
lease, mining lease or mineral claim that was lodged before the
application for the firstmentioned assessment lease was lodged,
otherwise than to or with the written consent of the holder of, or the
applicant for, that licence, lease or claim.
(2) A written consent given under this section is irrevocable.
(3) If, as a result of such a consent, an assessment lease is granted over
any such land, that land:
(a) ceases to be subject to the exploration licence, assessment lease,
mining lease or mineral claim concerned; or
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Mining Act 1992 No. 29
(b) is excluded from the application for the exploration licence,
assessment lease, mining lease or mineral claim concerned,
as the case requires.
Land subject to exploration licence
38. (1) If an application for an assessment lease is made in respect of
land that is wholly or partly subject to one or more exploration licences
(other than exploration licences that include any mineral or minerals in
respect of which the assessment lease is sought), the Minister must cause
notice of the application to be served on the holder of every such
exploration licence.
(2) The holder of an exploration licence served with such a notice may
object to the granting of the assessment lease by lodging with the
Director-General, on or before the date specified in the notice, a written
notice stating the grounds of the objection.
(3) If such an objection is made, the Minister must refer the application
and the objection to an inspector for investigation and report and must
determine the objection on the basis of the inspector’s report.
(4) This section does not apply to an application that is made with the
written consent of the holder of every exploration licence over the land
concerned.
(5) A written consent given under this section is irrevocable.
Land on which private mining operations being carried on
39. (1) An assessment lease may not be granted over any land in
(a) if mining operations are being carried out on the land by or with
relation to a privately owned mineral:
the consent of the owner of the mineral; and
(b) if a notice has been lodged with the Director-General in respect of
those mining operations in accordance with section 8,
except with the written consent of the owner of the mineral.
(2) A written consent given under this section is irrevocable.
(3) Any dispute as to whether or not this section applies in any
particular case is to be referred to a warden for inquiry and report and is
to be decided by the Minister on the basis of the warden’s report.
Colliery holdings
40. An assessment lease may not be granted over land within a
colliery holding unless the chief inspector of coal mines is satisfied that
Mining Act 1992 No. 29
prospecting operations may be carried out under the lease without any
adverse effect on, and without any risk to the safety of the persons
engaged in, the carrying out of coal mining operations in the assessment
area.
Division 3—Granting of assessment leases
Power of Minister in relation to applications
Minister:
41. (1) After considering an application for an
(a) may grant an assessment lease to the appl
(b) may refuse the application.
assessment lease, the
icant; or
(2) Without limiting the generality of subsection (l), an application
may be refused on the ground that the applicant has been convicted of an
offence against this Act or the regulations or any other offence relating to
mining or minerals.
(3) The Minister may not grant an assessment lease under this section
otherwise than in accordance with Part 1 of Schedule 1.
(4) Part 1 of Schedule 1 does not, however, apply to an application for
an assessment lease made by the holder of a mining lease over the same
land as that over which the assessment lease is sought.
Land over which assessment lease may be granted
42. (1) An assessment lease may be granted over private land, over
Crown land or