Government gazette of the republic of namibia r 19,50 windhoek 31 december 1992 no. In this schedule cancellation date means the date of assent to the mining amendment icac operations jasper and acacia. This law, approved on may 10, 1872, codified the informal system of acquiring and protecting mining claims on public land, formed by prospectors in california and nevada from the late 1840s through. Mining act 1992 australasian legal information institute. The department of planning and environment resources regulator rr regulate mines under the mining act 1992, work. This report provides a summary of the activities of the nsw resources regulator for the month of december 2016. Mining act 1992 as at 5 december 2019 act 29 of 1992 notes. Compensation fund amended by courts and crimes legislation further amendment act.
Constitutional law judicial power independent commission against corruption produced reports which recommended passing legislation to cancel three exploration licences granted under mining act 1992 nsw mining amendment icac operations jasper and acacia act 2014 nsw amendment act inserted sched 6a into mining act 1992 nsw. The code was developed in partnership with the department of planning and environment and the office of environment and heritage. Mapping of naturally occurring asbestos in nsw 1 july 2015 introduction the nsw government supports a wholeofgovernment approach to managing asbestos. Mining act 1992 and the petroleum onshore act 1991 respectively. The state of new south wales including the nsw department of planning, industry and environment, the author and the publisher take no responsibility, and will accept no liability, for the accuracy, currency, reliability or correctness of any information included in the document including material provided by third parties. Direction to suspend activities to macquarie marble and lime pdf, 342. Mining and petroleum law nsw legislative changes update. Section 5 of that act makes it an offence to prospect for minerals without. Nsw biodiversity offsets policy for major projects. Graticular sections are made up of 5 minutes of latitude and 5 minutes of longitude. All resources in and private lands teiiitory and zone of of state, it shall be the state to exploration. Mining act 1992 sect 12 fossicking 12 fossicking 1 for the purposes of this or any other act or law, it is declared that fossicking is a lawful activity.
Contact details nsw department of planning, industry and environment division of resources and geoscience 516 high street, maitland nsw 2320 po box 344, hunter region mail centre nsw 2310 phone 02 4063 6500 fax 02 4931 6776. This document is designed to be used for the ongoing development of groundwater monitoring operations and groundwater modelling as a project matures beyond the exploration phase, to mining or petroleum. Schedule 5 2 and 3 exclude uranium from provisions of the aboriginal land rights act 1983 which would otherwise vest the uranium on lands vested in an aboriginal land council in the council or make certain mining operations subject to the consent of the council. Previously, the area sought to be renewed could not exceed half of the original licence area unless the decisionmaker was satisfied that special circumstances existed that justified the. Mining act 1992 and the petroleum onshore act 1991 i, simon a y smith, secretary for the nsw department of industry, skills and regional development, pursuant to section 148a of the mining act 1992 and section 69ka of the petroleum onshore act 1991, make the following order. Office and published on the nsw legislation website. Instituting a new system of resources exploration, development, utilization, and conservation the oj congress introdccrory secfi0n 1. Mining act means the mining act 1992nsw as amended. Land access arrangement for mineral exploration template. Nsw department of primary industries, november 2018 mining and mineral exploration rural land may be subject to mining and exploration titles or applications under the mining act 1992 or petroleum onshore act 1991. Exploration guideline work programs for prospecting titles. The target processing time for applications, other than grant and renewals, is 30 business days. The paper focuses on the mining act 1992 nsw mining act and the.
Intoxication and the criminal law parliament of nsw. Jun 02, 20 land access arrangement for mineral exploration template published in accordance with section 1411a of the mining act 1992 this arrangement agreement, which is an access arrangement for the purposes of section 140 of the mining act 1992nsw. Act by, or at the direction of, a mining registrar. Due to the specialised nature of the work, the practice is for the chief mining warden to deal with all matters before the wardens court throughout new south wales, including administrative functions. New section 114a of the mining act 1992 nsw mining act alters the power of the decisionmaker in relation to renewal applications for exploration licences. Groundwater monitoring and modelling plans information. Mining act 1992 and the regulations under that act. Mitigation policy vlamp of 2018 and the nsw mining act, 1992. Division 2 restrictions on the grant of mining leases. Other relevant legislation as a fossicker you must ensure that you comply with all relevant legislation. Definitions part 2prospecting and mining generally 5.
The epa has regulatory responsibilities under the protection of the environment operations act 1997 for surface water and groundwater pollution from all dams on scheduled premises in nsw. A public consultation draft of the mining regulation 2010 has recently been released. New south wales mining act 1992 no 29 historical version for 30. Independent commission against corruption new south wales. Mining act 1992 schedule 6 schedule 6 savings, transitional and other provisions section 391 part 1 regulations 1 regulations 1 the regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following acts.
New south wales section of the attorneygenerals department website for further details. The secretary may accept a written undertaking an enforceable undertaking given by a. Section 378zfg of the mining act 1992 act provides that. Mining act statutory decisions nsw resources regulator. Mining lease of agricultural lime, dolomite, limestone and phosphates mine at wauchope, near port macquarie. Page 2 mining act 1992 no 29 nsw historical version valid from 19. The authority of the chief mining warden is found in section 2932 of the mining act 1992. This document also provides industry users with information about the nsw aquifer interference policy aip and other regulatory requirements under the water act 1912 and the water management act 2000. Mining act 1992 mining legislation amendment act 1996. This is intended to replace the mining regulation 2003 under the mining act 1992. Deputy premier, minister for regional new south wales, industry and trade, except section 293.
In practice mining rehabilitation can cover a range of activities, such as demolition of infrastructure, remediation of contaminated land, establishing a final land form and revegetation. This schedule has effect despite any other provision of this act or the planning act. The resources regulator has developed a new online version of the statement of compliance, environmental performance and financial history form. The rehabilitation of mined land must be undertaken in accordance with a mop or equivalent document as regulated under the mining act 1992 by the resources and energy division of nsw trade and investment. All relevant mining act 1992 application forms link to the online version of this form. Groundwater monitoring and modelling plans information for. Mining act 1992 forms nsw resources and geoscience.
The main provisions that apply to fossicking are section 12 of the mining act 1992 and clause 12 of the mining regulation 2010 link. Division 4notification of holder of existing leases. Act online pacific islands legal information institute paclii, university of the south pacific pdf of act as amended to 2006 consulted on 20091 abstractcitation. Department of mines, industry regulation and safety. Invitations will be published in a newspaper circulating generally throughout the state, and in. Regulates the mining industry, including with respect to licences etc. New south wales under the mining act 1992 his excellency the lieutenantgovernor, with the advice of the executive council, has made the following regulation under the mining act 1992. Legislation part 17a, division 4b of the mining act 1992 decision maker anthony keon executive director, nsw resources regulator department of planning, industry and environment section 378zfb decision as authorised by section 378zfb of the mining act 1992 act, and in accordance with the. This law, approved on may 10, 1872, codified the informal system of acquiring and protecting mining claims on public land, formed by prospectors in. Mitigation policy vlamp of 2018 and the nsw mining act. 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. Mining act 1992 as at 5 december 2019 act 29 of 1992 notes note to part 14b see also part 7a of the petroleum onshore act 1991. The independent commission against corruption icac, an independent agency of the government of new south wales, is responsible for eliminating and investigating corrupt activities and enhancing the integrity of the public administration in the state of new south wales, australia. Clause 1 mining amendment regulation 2009 mining amendment regulation 2009 under the mining act 1992 2009 no 115 1 name of regulation this regulation is the mining amendment regulation 2009.
Mining lease conditions include requirements to submit a mining operations plan mop prior to the commencement of any operations. Mining act 1992 as at 5 december 2019 act 29 of 1992 austlii. Short title and coth2 this act shall come into operation on such date as the menceminister may, by notice in the gazette, appoint. Mining law in new south wales parliament of australia.
Transfer of mining jurisdiction to land and environment court of nsw lec from 7 april 2009, the lec will have jurisdiction to hear and dispose of proceedings under the mining act 1992 and the petroleum onshore act 1991. Mining developments generally need to obtain approval under the mining act 1992, while mining and quarry projects are also likely to be subject to the requirements of the protection of the environment operations act 1997 poeo act. Valuation of land used for coal mining valuergeneral. Versions of this act includes consolidations, reprints and as passed versions subsidiary legislation made under this act current versions history of this act. The act states that the holder ofa mining lease is liable to pay royalty on minerals recovered under the lease at rates prescribed by the regulations. The mining act 1992 defines rehabilitation as the treatment or management of disturbed land or water for the purpose of establishing a safe and stable environment. The regulations prescribe those rates, in the case of coal, as certain percentages ofthe value ofcoal disposed ofby the leaseholder during. The general mining act of 1872 is a united states federal law that authorizes and governs prospecting and mining for economic minerals, such as gold, platinum, and silver, on federal public lands. This legislation establishes a system in which mining risks to prescribed dams are judged against tolerable risk levels. Schedule 1 amendment of mining act 1992 no 29 schedule 1 1 prohibits an authorisation from being granted under the mining act 1992 in respect of uranium, other than an exploration licence or an environmental assessment permit relating to an exploration licence.
Update on jurisdiction and practice and procedure by the hon. Act 703 minerals and mining act, 2006 minister may reserve land from mining 4. Failed to pay environmental rehabilitation security deposit. This code of practice is known as the 1050 vegetation clearing code of practice for new south wales 1050 code and has been prepared in accordance with section 100q of the rural fires act 1997. Legislation on the nsw legislation website is usually updated within 3 working days. A block is a graticular section of the earths surface. These plans are required as a standard condition of licence for exploration drilling under the mining act 1992 and petroleum onshore act 1991. Countryterritory namibia document type legislation date 1992 source fao, faolex long title an act to provide for the reconnaissance, prospecting and mining for, and disposal of, and the exercise of control over, minerals in namibia. Mining ownership of minerals crown prerogative section 379 of the mining act 1992 nsw the act preserved any crown prerogative in respect of mines of gold and silver ore mined on appellants lands contained intermingled gold and copper, incapable of being separately mined royalty payable under the act on gold and copper section 284 of the act required minister to pay seven. View all mining act 1992 forms nsw resources and geoscience. The land is owned by the state of nsw crown land and is under the control and management of the forestry corporation of nsw.
The commission was established in 1989, pursuant to the independent commission against corruption act, 1988 nsw. This act extends to and in respect of the seabed and applica, subsoil of the continental shelf, as well as the land and the land tion. Mining act 1992 mining act division of resources and energy. The authorised reports of the nsw land and environment.
Made by the head of state, acting with, and in accordance with, the advice of the national executive council under the mining act 1992, to come into operation on the date of coming into operation of the mining act 1992. For a word version of the statement of compliance, environmental performance and financial history, please refer to the resources regulator website at. The department is introducing service delivery standards for the processing of applications under the mining act 1992. Explorers and prospectors must obtain an exploration licence issued by nsw department of industry resources and energy hereby referenced as division of resources and energy for mineral exploration in accordance with the.
Kepco bylong australia on certain planning and mining issues associated with the bylong coal project, including successfully negotiating one of the first enforceable undertakings under the mining act 1992 nsw. Protection of the environment operations act 1997 poeo act. Go to view all mining act 1992 forms exploration licence apply for an exploration licence to gain the exclusive right to explore for specified mineral groups within an exploration licence area, during the term of the licence. Nsw legislation coal mining is regulated by the following legislation. Mining act 1992 schedule 1 schedule 1 public consultation with respect to the granting of assessment leases and mining leases sections 41, 52, 63 and 64 part 1 assessment leases 1 notification of government agencies and councils 1 before granting an assessment lease, the minister must cause notice of the proposal to be served on. Vlamp applies to state significant mining, petroleum and extractive industry developments, but is restricted to voluntary mitigation and land acquisition actions undertaken to address noise and dust impacts related to these projects. Mining act 1992 determination under section 2835 share this page. Currently, the most relevant object of the mining act is to ensure effective rehabilitation of disturbed land and water, with rehabilitation defined as the treatment or management of disturbed land or. The dam safety aspects of mining near prescribed dams are regulated under the dams safety act 1978 and the mining act 1992.
See also mining amendment compensation for cancellation of exploration licence bill 2019 nongovernment bill. Before buying rural land the prospective buyer or their solicitor should submit an application for search and. Currency of version current version for 5 december 2019 to date accessed 29 march 2020 at 09. Currently, the most relevant object of the mining act is to ensure effective rehabilitation of disturbed land and water, with rehabilitation defined as the treatment or management of disturbed land or water for the purpose of establishing a. In nsw, mining activities for minerals are mainly covered by the mining act 1992 and the. Mining act 1992 application for ministers approval for a. View all mining act 1992 forms the resources regulator has developed a new online version of the statement of compliance, environmental performance and financial history form.
Ian macdonald, mlc minister for mineral resources explanatory note. Mining act 1992 schedule 6a schedule 6a cancellation of certain authorities part 1 preliminary 1 application. Notes part 2 prospecting and mining generally division 1 general 5. In nsw mining and petroleum csg regulation is controlled by a number of acts. Mining lease interference with rights of holder of exploration licence mining act 1992 nsw, s 291.
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