Prohibition of mining operations in wilderness protection areas and zones
25 Prohibition of mining operations in wilderness protection areas and zones
Subject to subsection (3), rights of entry, prospecting, exploration, or mining cannot be acquired or exercised pursuant to a mining Act in respect of land constituting a wilderness protection area or wilderness protection zone.
Rights of entry, prospecting, exploration or mining cannot be acquired pursuant to a mining Act in respect of land in respect of which the
Minister has published a notice under section 22(6)(c) until the land is constituted as a wilderness protection zone or the
Minister gives public notice under section 22(6)(g) that he or she has decided not to proceed with the proposal to constitute the land as a wilderness protection area or zone.
The
Governor may, by proclamation, declare that subject to any conditions specified in the proclamation rights of entry, prospecting, exploration, or mining may be acquired and exercised in respect of land constituting a wilderness protection zone.
The
Governor may, by proclamation, vary or revoke a proclamation under subsection (3).
A proclamation must not be made under subsection (3) unless—
the proclamation—
is made—
for the purpose of enabling the holder of a mining tenement that was in force immediately before constitution of the land as a wilderness protection zone to continue to exercise rights of entry, prospecting, exploration or mining under the tenement; or
to enable the holder to acquire and exercise such rights under another tenement granted under the same mining Act; or
to enable a subsequent holder of a mining tenement referred to in subsubparagraph (A) or (B) to exercise rights of entry, prospecting, exploration or mining under the tenement; or
to enable a subsequent holder of such a mining tenement to acquire and exercise such rights under another tenement granted under the same mining Act; and
is made simultaneously with the proclamation constituting the land as, or adding the land to, a wilderness protection zone; or
the proclamation is made in pursuance of a resolution passed by both
Houses of Parliament.
A proclamation under subsection (4) that removes or reduces restrictions on the acquisition or exercise of rights of entry, prospecting, exploration or mining must not be made unless the proclamation is made in pursuance of a resolution passed by both Houses of Parliament.
A proclamation under subsection (4) that increases existing restrictions or imposes new restrictions on the acquisition or exercise of rights of entry, prospecting, exploration or mining must not be made unless—
the
Minister responsible for the administration of the Mining
Act 1971 and the holder of the mining tenement concerned have been given at least three months to make submissions to the Minister on the proposal; and
the
Minister has considered the submissions (if any) made under paragraph (a).
Notice of a motion for a resolution under subsection (5)(b) or (6)—
must not be given until the Minister has notified the Environment,
Resources and Development Committee in writing of the proposal; and
must be given at least 14 sitting days before the resolution is passed.
A person who contravenes or fails to comply with a condition of a proclamation under this section is guilty of an offence.
Maximum penalty: $20 000 or imprisonment for 4 years or both.
The
Minister must, at intervals of not more than five years—
assess the effects of mining operations on each wilderness protection zone constituted under this Act; and
prepare a report setting out the Minister's conclusions following the assessment and any action that should be taken as a result of the assessment; and
cause copies of the report to be laid before both Houses of Parliament.
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