Regulation-making power
417 Regulation-making power
The Governor in Council may make regulations under this Act.
A regulation may be made about the following matters—
the fees to be paid under this Act;
the amounts or rates or methods of calculation of amounts of the annual rentals payable in respect of mining claims, exploration permits, mineral development licences and mining leases which in respect of each such type of grant may vary according to the respective areas or upon such other criteria as are specified in the regulations;
the identification (by pegging, surveying or otherwise) of the area of any mining claim, exploration permit, mineral development licence or mining lease, granted or any application therefor under this Act;
the conditions which shall and conditions which may be imposed in respect of any mining tenement or other authority under this Act;
the making and content of statements under section 245(1)(o)(iii);
matters the chief executive must consider in deciding whether or not to accept a statement under section 245(1)(o)(iii);
the location of mine workings at minimum distances from public or private roads or railways;
the disposal of coal seam gas;
drilling, completing and abandoning drill holes, and hazard reporting;
the protection from injury or unlawful removal of any improvements, machinery, plant or equipment situated on any land in the area of a mining claim, mineral development licence or mining lease and of any races, drains, dams, reservoirs, stored water, pegs, posts, fences, notices or other things used in connection with mining;
the protection from obstruction of races, drains, dams, reservoirs, channels and watercourses used in connection with mining;
the powers and duties of authorised officers and all other persons whatsoever in the discharge of their functions for the purposes of this Act;
the amount or rates or methods of calculation of royalty to be paid under this Act and the time and manner of its assessment and payment, the collection and enforcement of payment;
the manner of making and lodging royalty returns, documents and statements and the keeping of records and books of accounts;
a matter for which, under the Taxation Administration Act 2001, a regulation under this Act may make provision;
the furnishing of information, reports, returns, documents and statements for the purposes and by the persons specified in the regulations;
the medium and format (whether by electronic or digital means or otherwise) by which information shall be supplied;
the particulars to be recorded in the register and the examination or provision of particulars from the register and the prescribing of the fees payable in respect thereof;
penalties for a contravention or failure to comply with any regulation;
the way an application, document or submission must be made, given, filed, forwarded or lodged for section 386O(2)(b) or (4), or the way a report must be given for section 318AAH(1)(g), including, for example—
practices and procedures for lodgement of applications and other documents; and
methods for acknowledging receipt of documents; and
methods for acceptance of the lodgement of documents; and
the time at which a document is taken to have been lodged, but only to the extent that this Act does not provide otherwise;
requiring lodgement of a hard copy of the application, document or submission.
A regulation may constitute a contravention or failure to comply with a regulation or an order of a court a continuing offence and impose a penalty that it is to be calculated by reference to the length of time the offence continues notwithstanding that the total penalty so calculated would exceed the maximum pecuniary penalty prescribed by section 412.
In this section—
report includes, for prescribing the way a report must be given for section 318AAH(1)(g), another document mentioned in that section.
This provision refers to the regulations (may make regulations
, specified in the regulations
, a regulation
). Made under this Act:
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