(Section 4)
access arrangement means an access arrangement under Division 2 of Part 8.
access management area means an access management area constituted under Part 10A.
allocated mineral, in relation to a mineral allocation area, means a mineral or group of minerals in respect of which the mineral allocation area is constituted.
appropriate lodgment fee means the fee determined for the time being in accordance with section 382A with respect to the matter to which the fee relates.
approved means approved by the Minister.
Arbitration Panel means the Arbitration Panel established by section 139.
arbitrator means an arbitrator appointed under Division 2 of Part 8.
assessment area means land the subject of an assessment lease.
assessment lease means an assessment lease granted under Part 4.
authority means an exploration licence, an assessment lease or a mining lease.
block means a graticular section referred to in section 370 or, if the Minister so directs in a particular case, part of such a graticular section.
claim area means land the subject of a mineral claim.
colliery holding means a colliery holding registered in accordance with section 163.
Commonwealth Native Title Act means the Native Title Act 1993 of the Commonwealth.
consent authority has the same meaning as it has in the Environmental Planning and Assessment Act 1979.
consolidated mining lease means a lease granted under Part 6.
controlling body, in relation to an exempted area, means:
(a) in the case of land referred to in paragraph (a) or (c) of the definition of exempted area—the person having the control and management of the land, or
(b) in the case of land referred to in paragraph (b) of that definition—the holder of the lease referred to in that paragraph, or
(c) in the case of land referred to in paragraph (d) of that definition—the person prescribed by the regulations as the controlling body for that land for the purposes of this definition.
council has the same meaning as it has in the Local Government Act 1993.
Crown Lands Acts has the same meaning as it has in the Crown Lands Act 1989.
dam includes the water or other material impounded by the dam.
Dams Safety Committee means the Dams Safety Committee constituted by section 7 of the Dams Safety Act 1978.
Department means the Department of Primary Industries.
deputy mining registrar means a deputy mining registrar referred to in section 360.
development consent means a development consent under Part 4 of the Environmental Planning and Assessment Act 1979 or an approval under Part 3A of that Act.
Director-General means the Director-General of the Department.
environment protection legislation has the same meaning as in the Protection of the Environment Administration Act 1991.
environmental planning instrument has the same meaning as it has in the Environmental Planning and Assessment Act 1979.
exclusion order means an exclusion order referred to in section 175B.
exempted area means an area constituted by land:
(a) reserved, dedicated, appropriated, resumed or acquired for public purposes (except land reserved for a temporary common or a commonage), whether vested in the Crown or in any person as trustee for public purposes, or
(b) held under a lease for water supply by virtue of a special lease or otherwise, or
(c) transferred, granted or vested in trust by the Crown for the purpose of a race-course, cricket-ground, recreation reserve, park or permanent common or for any other public purpose, or
(d) prescribed by the regulations for the purposes of this definition.
exercise a function includes perform a duty.
exploration area means land the subject of an exploration licence.
exploration licence means an exploration licence granted under Part 3.
fossicking district means a fossicking district constituted under section 369A.
function includes power, authority and duty.
Government agency means:
(a) a Government Department, or
(b) an Administrative Office, or
(c) a corporation designated by the Minister under section 387.
group of minerals means any minerals prescribed by the regulations as a group of minerals for the purposes of this definition.
inspector means an inspector appointed under section 361.
land includes land covered by water.
landholder means, in relation to reserved land, the controlling body of that land, or, in relation to any other land:
(a) the owner of an estate in fee simple in the land, or
(b) a native title holder of the land, or
(c) the holder of a lease or licence granted under the Crown Lands Act 1989 over the land, or
(d) the holder of a tenure referred to in Part 1 or 2 of Schedule 1 to the Crown Lands (Continued Tenures) Act 1989 in the land, or
(e) the holder of a permissive occupancy granted over the land, or
(f) the holder of a lease granted under the Western Lands Act 1901 over the land, or
(g) a person identified in any register or record kept by the Registrar-General as a person having an interest in the land, or
(h) a person of a class prescribed by or determined in accordance with the regulations to be landholders for the purposes of this definition,but does not include a person of a class prescribed as outside the scope of this definition.
local government area has the same meaning as area has in the Local Government Act 1993.
mine means:
(a) when used as a noun—any place, pit, shaft, drive, level or other excavation, drift, gutter, lead, vein, lode, reef or salt-pan (whether occurring naturally or artificially created) in, on or by means of which, any mining operation is carried on, and
(b) when used as a verb—to extract material from land for the purpose of recovering minerals from the material so extracted or to rehabilitate land from which material has been so extracted, but does not include any activity declared not to be mining by a regulation under section 11A.
mineral means any substance prescribed by the regulations as a mineral for the purposes of this definition, and includes coal and oil shale, but does not include uranium or petroleum.
mineral allocation area means a mineral allocation area constituted under section 368.
mineral claim means a mineral claim granted under Part 9.
mineral claims district means a mineral claims district constituted under Division 1 of Part 9.
miners’ representative, in relation to an access management plan over land, means a person or body prescribed by the regulations, or nominated as prescribed by the regulations, to represent the interests of holders (and potential holders) of small-scale titles with respect to the land.
mining area means land the subject of a mining lease.
mining division means a mining division constituted under section 366.
mining improvement includes:
(a) any machinery used for or in connection with prospecting or mining, and
(b) any race, drain, dam or reservoir so used.
mining lease means a mining lease granted under Part 5, and includes a consolidated mining lease.
mining operations means operations carried out in the course of mining.
mining purpose means any purpose prescribed by the regulations as a mining purpose for the purposes of this definition.
mining registrar means:
(a) a mining registrar referred to in section 360, or
(b) in relation to a mining division, a mining registrar exercising and performing in that division the functions of a mining registrar under this Act.
native title holder has the same meaning as it has in the Commonwealth Native Title Act.
notification area, in relation to a prescribed dam, means the land for the time being declared under section 369 to be the notification area for the dam.
opal prospecting area means an opal prospecting area constituted under Division 1 of Part 10.
opal prospecting block means an opal prospecting block constituted under Division 1 of Part 10.
opal prospecting licence means an opal prospecting licence granted under Division 2 of Part 10.
party means:
(a) in relation to a hearing before an arbitrator—a person who is entitled to appear and be heard at the hearing pursuant to section 146, or
(b) in relation to an access arrangement—the holder of a prospecting title to whom, or a landholder of land to which, the arrangement relates.
permissive occupancy has the same meaning as in the Crown Lands (Continued Tenures) Act 1989.
permit means a permit in force under Division 2 of Part 12.
petroleum has the same meaning as it has in the Petroleum (Onshore) Act 1991.
prescribed dam has the same meaning as it has in the Dams Safety Act 1978.
preserved mining field means a preserved mining field constituted by an order referred to in section 173A (2).
privately owned mineral means a mineral that is not owned by, or reserved to, the Crown.
prospect means to carry out works on, or to remove samples from, land for the purpose of testing the mineral bearing qualities of the land, but does not include any activity declared not to be prospecting by a regulation under section 11A.
prospecting operations means operations carried out in the course of prospecting.
publicly owned mineral means a mineral that is owned by, or reserved to, the Crown.
registered access management plan means an access management plan registered under section 236I.
registered native title body corporate has the same meaning as in the Commonwealth Native Title Act.
registered native title claimant has the same meaning as in the Commonwealth Native Title Act.
registered surveyor means a person who is registered as a land surveyor or mining surveyor under the Surveying Act 2002.
related corporation, in relation to the holder of, or applicant or tenderer for or with respect to, an authorisation that is a corporation, means a corporation that is, with respect to that holder, applicant or tenderer, a related body corporate within the meaning of the Corporations Act 2001 of the Commonwealth.
reserve means a reserve constituted under section 367.
reserved land means an area constituted by land:
(a) reserved, dedicated, appropriated, resumed or acquired for public purposes (except land reserved for a temporary common or a commonage), whether vested in the Crown or in any person as trustee for public purposes, or
(b) held under a lease for water supply by virtue of a special lease or otherwise, or
(c) transferred, granted or vested in trust by the Crown for the purpose of a race-course, cricket-ground, recreation reserve, park or permanent common or for any other public purpose, or
(d) prescribed by the regulations for the purposes of this definition.
royalty officer means a royalty officer referred to in section 360.
significant improvement means any substantial building, dam, reservoir, contour bank, graded bank, levee, water disposal area, soil conservation work or other valuable work or structure.
small-scale title means a mineral claim or an opal prospecting licence.
special conditions means:
(a) in relation to a mineral claims district—the conditions specified under section 175 as the conditions to which mineral claims registered over land within the district are to be subject, or
(b) in relation to an opal prospecting area—the conditions specified under section 223A as the conditions to which opal prospecting licences granted over land within the area are to be subject.
unit means a unit into which a block is divided as referred to in section 370 or, if the Minister so directs in a particular case, part of such a unit.