Mining Act 1992

This Act may be cited as the Mining Act 1992.

This Act commences on a day or days to be appointed by proclamation.

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.

The objects of this Act are to encourage and facilitate the discovery and development of mineral resources in New South Wales, having regard to the need to encourage ecologically sustainable development, and in particular—

to recognise and foster the significant social and economic benefits to New South Wales that result from the efficient development of mineral resources, and

to provide an integrated framework for the effective regulation of authorisations for prospecting and mining operations, and

to provide a framework for compensation to landholders for loss or damage resulting from such operations, and

to ensure an appropriate return to the State from mineral resources, and

to require the payment of security to provide for the rehabilitation of mine sites, and

to ensure effective rehabilitation of disturbed land and water, and

to ensure mineral resources are identified and developed in ways that minimise impacts on the environment.

Expressions used in this Act that are defined in the Dictionary at the end of this Act have the meanings set out in the Dictionary.

This Act does not apply to any area to which the Offshore Minerals Act 1999 applies.

Notes included in this Act are explanatory notes and do not form part of this Act.

A person must not prospect for or mine any mineral except in accordance with an authorisation that is in force in respect of that mineral and the land where the prospecting or mining is carried on.

Maximum penalty for prospecting in contravention of this section—

in the case of a corporation—5,000 penalty units, and, in the case of a continuing offence, a further penalty of 500 penalty units for each day that the offence continues, or

in the case of a natural person—1,000 penalty units or imprisonment for 5 years, or both, and, in the case of a continuing offence, a further penalty of 100 penalty units for each day that the offence continues.

Maximum penalty for mining in contravention of this section—

in the case of a corporation—10,000 penalty units, and, in the case of a continuing offence, a further penalty of 1,000 penalty units for each day that the offence continues, or

in the case of a natural person—2,000 penalty units or imprisonment for 5 years, or both, and, in the case of a continuing offence, a further penalty of 200 penalty units for each day that the offence continues.

Carrying out of designated ancillary mining activities within authorisation area A person must not carry out a designated ancillary mining activity on land within an authorisation area except in accordance with the authorisation.

Carrying out of designated ancillary mining activities outside mining area A person must not, on land that is not within the mining area of a mining lease, carry out a designated ancillary mining activity that is in the vicinity of and that directly facilitates the mining lease concerned, except in accordance with—

a condition of the mining lease that regulates the carrying out of the activity, or

another mining lease in respect of an ancillary mining activity or activities only that authorises the carrying out of the activity.

Carrying out of designated ancillary mining activities outside claim area, but within mineral claims district A person must not, on land that is not within the claim area of a mineral claim, but is within a mineral claims district, carry out a designated ancillary mining activity, except in accordance with—

a mining lease in respect of an ancillary mining activity or activities only that authorises the carrying out of the activity, or

a mineral claim in respect of an ancillary mining activity or activities only that authorises the carrying out of the activity.

Carrying out of designated ancillary mining activities outside mineral claims district A person must not, on land that is not within a mineral claims district, carry out a designated ancillary mining activity that is in the vicinity of and that directly facilitates a mineral claim, except in accordance with a mining lease in respect of an ancillary mining activity or activities only that authorises the carrying out of the activity.

Exemptions The regulations may provide for the exemption (including by order of the Minister) of a person or class of persons from the operation of this section with respect to the carrying out of a designated ancillary mining activity, or a class of designated ancillary mining activities.

Meaning of “designated ancillary mining activity” In this section, designated ancillary mining activity means the following—

the construction, maintenance or use, in or in connection with mining operations, of a reservoir, dam (including a tailings dam), drain or water race,

opal puddling,

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

However, the construction, maintenance or use of a reservoir, dam, drain or water race principally used for purposes not connected with mining or another activity regulated by or under an authorisation is not a designated ancillary mining activity.

Maximum penalty—

in the case of a corporation—10,000 penalty units, and, in the case of a continuing offence, a further penalty of 1,000 penalty units for each day that the offence continues, or

in the case of a natural person—2,000 penalty units or imprisonment for 5 years, or both, and, in the case of a continuing offence, a further penalty of 200 penalty units for each day that the offence continues.

7–9 (Repealed)

It is a defence to a prosecution of a person for an offence under section 5 if the person establishes that the person was prospecting for or mining minerals in the course of—

fossicking, or

Note.

Section 12 declares fossicking to be a lawful activity.

carrying out an activity in accordance with section 81.

It is a defence to a prosecution of a person for an offence under section 6 if the person establishes that the person was carrying out the ancillary mining activity in the course of carrying out an activity in accordance with section 81.

It is a defence to the prosecution of a person for an offence under section 5 or 6 if the person establishes that the person was prospecting for or mining minerals, or carrying out the ancillary mining activity—

in accordance with rights under an authority or a mineral claim that have devolved on the person by operation of law, and

at a time when the person had applied under section 162 or 202 to have the person’s name recorded as the holder of the authority or mineral claim and the application had not been refused.

It is a defence to the prosecution of a person for an offence under section 5 or 6 in relation to mining for mercury if the mercury was mined as a by-product of mining for another mineral as authorised under this Act.

An authorisation (other than an exploration licence or an environmental assessment permit relating to an exploration licence) may not be granted in respect of uranium.