Mining Act 1971

The Governor may make such regulations as are contemplated by this

regulate and control the issue of certificates of registration in respect of claims, leases and licences under this Act; and

provide for the maintenance and inspection of registers;

regulate, restrict or prohibit operations of any kind upon mineral tenements or mineral tenements relating to land within an area specified in the regulations; and

declare equipment of any kind to be declared equipment for the purposes of this Act; and

prescribe any matters in relation to the nature or size of any kind of mineral tenement, and the incidents attaching to, and the obligations entailed in, ownership of a mineral tenement; and

require that a mineral tenement be worked with proper diligence, in conformity with the requirements of the regulations, as to the number of people, and the nature of the machinery, to be employed in working the mineral tenement and such other matters as may be required in the regulations;

provide for the protection of land upon which authorised operations are conducted and require the restoration, to the satisfaction of the Minister, of land disturbed by authorised operations; and

restrict or prohibit authorised operations that may cause nuisance or inconvenience to persons in the vicinity of the authorised operations;

restrict or prohibit authorised operations that may result in the pollution of any watercourse or water supply or any natural amenities;

regulate the expenditure of money from the Extractive Areas

prescribe, and regulate the performance of, the duties of authorised officers, mining registrars and other officers appointed under this

provide for the provision of reports or the requirement to conduct any audit or investigation; and

provide for the service of any notice, direction, order or other document under this Act; and

prescribe fees that are to be paid in respect of anything done under this Act or in connection with the administration or operation of this

prescribe any form for the purposes of this Act; and

prescribe a penalty, recoverable summarily, not exceeding

prescribe an expiation fee, not exceeding $7 500, in respect of any offence against this Act or the regulations.

Without limiting subsection (1), the regulations may prescribe, or provide for the imposition of—

assessment fees associated with applications under this Act;

annual administration fees to be paid by tenement holders.

A regulation prescribing any fees under this Act—

may provide for fees based on 1 or more of the following factors:

the size of a mineral tenement (or proposed mineral tenement);

capital costs associated with any authorised operations (or proposed authorised operations);

any other factor prescribed by the regulations; and

may provide for differential fees.

The regulations may adopt, wholly or partially and with or without modification—

a code or standard relating to matters in respect of which regulations may be made under this Act; or

an amendment to such a code or standard.

Any regulations adopting a code or standard, or an amendment to a code or standard, may contain such incidental, supplementary and transitional provisions as appear to the Governor to be necessary.

The regulations or a code or standard adopted by the regulations may—

refer to or incorporate, wholly or partially and with or without modification, a standard or other document prepared or published by a prescribed body or person, either as in force at the time the regulations are made or as in force from time to time; and

be of general or limited application; and

make different provision according to the persons, things or circumstances to which they are expressed to apply; and

provide that any matter or thing is to be determined, dispensed or regulated according to the discretion of the Minister, the Director or a registrar.

If—

a code or standard is adopted by the regulations; or

the regulations, or a code or standard adopted by the regulations, refers to a standard or other document prepared or published by a prescribed body, then—

a copy of the code, standard or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices specified in the regulations;

in any legal proceedings, evidence of the contents of the code, standard or other document may be given by production of a document purporting to be certified by or on behalf of the Minister as a true copy of the code, standard or other document; and

the code, standard or other document has effect as if it were a regulation made under this Act.

The Governor may, by regulation, make provisions of a saving or transitional nature consequent on the amendment of this Act by another

A provision made by a regulation under subsection (8) may be in addition to any provision of a saving or transitional nature made by the Act that makes the amendment.

A provision made by a regulation under subsection (8) may, if the regulations so provide, take effect from the commencement of the amendment or from a later day.

To the extent to which a provision takes effect under subsection (10) from a day earlier than the day of the publication of the regulation in the Gazette, the provision does not operate to the disadvantage of a person by—

decreasing the person's rights; or

imposing liabilities on the person.

The Governor may make regulations for the purposes of