1Citation
These regulations are the Offshore Minerals Regulations 2010.
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Bill homepageThese regulations are the Offshore Minerals Regulations 2010.
These regulations come into operation as follows —
regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
the rest of the regulations — on the day on which the provisions of the Act, other than sections 1 and 2, come into operation.
In these regulations —
section means a section of the Act.
In this regulation —
AFN coordinates means the coordinates of the Australian Fiducial Network geodetic stations specified in Schedule 1;
GDA means the Geocentric Datum of Australia 1994;
GRS80 ellipsoid means the Geodetic Reference System 1980 ellipsoid.
The GDA is prescribed for the purposes referred to in section 10(1).
The reference ellipsoid for the GDA is the GRS80 ellipsoid with a semi‑major axis of 6 378 137 m exactly and an inverse flattening (l/f) of 298.257 222 101.
The reference frame for the GDA is realised by the AFN coordinates referred to the GRS80 ellipsoid determined within the International Earth Rotation Service Terrestrial Reference Frame 1992 (ITRF92) at the epoch of 1994.0.
This regulation does not have effect on or after the day on which the Mines and Petroleum Regulations Amendment (Geocentric Datum) Regulations 2025 regulations 11(2) and 12 come into operation.
[Regulation 4 amended: SL 2025/172 r. 11.]
In this regulation —
Geocentric Datum of Australia 2020 means the Reference Frame defined in the National Measurement (Recognized‑Value Standard of Measurement of Position) Determination 2017 (Cth) clause 4.
The Geocentric Datum of Australia 2020 is prescribed for the purposes referred to in section 10(1).
[Regulation 4A inserted: SL 2025/172 r. 12.]
For the purposes of sections 58(2)(b) and 203(2)(b), the time of 30 minutes is prescribed.
In this regulation —
applicant includes a person authorised in writing by an applicant to represent the applicant at a drawing of lots.
For the purposes of sections 58(2) and 203(2), the prescribed way of drawing lots is as follows —
not less than 7 days before the drawing of lots, the Minister must give notice in writing of the time and place of the draw to each applicant;
subject to subregulation (3), the draw must be carried out in the presence of all applicants;
the Minister must write the name of each applicant on a separate paper of the same kind as the paper on which the name of each other applicant is written;
the papers and writing may be examined by each person present at the draw;
the papers must be folded in the same manner by the Minister and placed by him or her in an otherwise empty receptacle, the interior surface of which will not snag the papers;
a person who qualifies under subregulation (4) must draw the papers individually from the receptacle without looking into the receptacle;
the Minister must record on each paper the place of the paper in the order of drawing papers from the receptacle;
the Minister must record on each application the number that corresponds to the place in the draw of the paper relating to the application.
If an applicant who has been notified under subregulation (2)(a) does not attend the draw at the notified time and place, the draw may be conducted in his or her absence.
For the purposes of subregulation (2)(f), a person qualifies if the person —
is not the Minister, an applicant or an officer, employee or agent of an applicant; and
is declared in writing by each applicant present at the draw and the Minister to be acceptable.
In this Part —
environmental data means baseline data relating to the physical and biological environment in the licence area at the start of each year during which the licence is in force;
geological data includes —
geological maps, geological reports, profiles and drill logs prepared in connection with geological exploration; and
results of geotechnical, geochemical, geophysical, mineralogical, petrological and palaeontological investigation undertaken on samples;
geophysical data includes —
bathymetric, gravitational, magnetic, navigational and seismic measurements; and
data collected by means of side scan sonar, side scan radar or a sub‑bottom profiler;
year has the meaning given in section 424.
A licence holder must keep records of the following —
environmental data;
geological data;
geophysical data;
the location and type of samples taken;
the amount of money spent by the licence holder in carrying out work or activities under the licence in each year during which the licence is in force.
A licence holder must keep, in good condition, a drill core obtained in the course of carrying out work or activities under the licence unless the Minister has given permission for its disposal.
A licence holder may apply to the Minister for permission to dispose of a drill core.
An application under subregulation (2) must be made in the form approved by the Minister.
If the Minister decides to give permission, it must be given in writing.
The Minister or an inspector may test or analyse a sample given to the Minister or inspector under section 371.
In this Part —
licence holder includes a former licence holder;
responsible licence holder, in relation to unused mining property, means the licence holder required by regulation 12(1) to remove the unused mining property;
unused mining property means property (including a structure or equipment) that —
has been brought into coastal waters for use in offshore exploration or mining activities; and
is not being used and is not intended to be used in exploration or mining activities in accordance with a licence.
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