Mining Act 1992 No 29
Current version for 1 July 2014 to date (accessed 28 November 2014 at 02:59)
Part 17

Part 17 Administration

Division 1 Administration

359   Boards of management

(1)  The Minister may constitute a board of management for the whole or any part of New South Wales.
(2)  A board of management may exercise, in respect of the area for which it is constituted, such of the functions of the Minister or of the Director-General as are delegated to it under this Act.
(3)  The regulations may provide for the constitution of a board of management and may regulate, or provide for the regulation of, its procedure.

360   (Repealed)

361   Appointment of inspectors

(1)  The Director-General may appoint any person (including a member of a class of persons) as an inspector for the purposes of this Act.
(2)  An appointment may (but does not have to) be subject to conditions, limitations or restrictions or only for limited purposes.
(3)  If an appointment is subject to conditions, limitations or restrictions or only for limited purposes, nothing in this Act authorises or requires the inspector to act in contravention of the conditions, limitations or restrictions or for other purposes.

361A   Identification

(1)  Every inspector is to be provided with a card identifying him or her as an inspector.
(2)  In the course of exercising the functions of an inspector under this Act, the inspector must, if requested to do so by any person affected by the exercise of any such function, produce his or her identification card to the person.

361B   Extraterritorial exercise of functions

(1)  The Minister may enter into an arrangement with a Minister of another State or Territory providing for the exercise, in another State or Territory, by officers of that State or Territory of functions under this Act or the regulations.
(2)  An officer of another State or Territory may, in accordance with any such arrangement, exercise functions under this Act, but only to the extent that the matters concerned relate to the administration or enforcement of this Act or such other legislation, if any, as may be prescribed.

362   Exclusion of personal liability

An act or omission of:
(a)  the Minister or the Director-General, or
(b)  a member of staff of the Department, or
(c)  a body constituted under this Act, a member of any such body or a member of staff of any such body, or
(d)  an authorised person within the meaning of Division 3 of Part 11, or
(e)  a person acting under the direction of a person or body referred to in paragraph (a), (b), (c) or (d),
does not subject the Minister, the Director-General, or any such member or member of staff or any person so acting, personally to any action, liability, claim or demand if the act or omission was done or omitted in good faith and for the purpose of executing this Act.

363   Delegation of functions by Minister, Director-General or mining registrar

(1)  The Minister may delegate any of the following functions (except this power of delegation) of the Minister to any person:
(a)  any function under this Act,
(b)  any function under the Environmental Planning and Assessment Act 1979.
(2)  The Director-General may delegate any function under this Act (except this power of delegation or any function delegated to the Director-General by the Minister) to any person.
(2A)  A mining registrar may delegate any function under this Act or the regulations (except this power of delegation or any function delegated to the mining registrar by the Minister or the Director-General) to a deputy mining registrar.
(3)  A reference in this section to a function under this Act includes a reference to a function under the regulations and a function under a condition of an authority, a mineral claim or an opal prospecting licence.

364   Minister etc not to be holder of an authority, mineral claim or opal prospecting licence

(1)  Neither the Minister nor any person employed in the Department may be the holder of an authority, a mineral claim or an opal prospecting licence.
(2)  This section does not prevent the Director-General from being the holder, on behalf of the Crown, of an exploration licence for an allocated mineral in respect of land within a mineral allocation area.

365   Disclosure of information

(1)  A person must not disclose any information obtained in connection with the administration or execution of this Act, unless the disclosure is made:
(a)  with the consent of the person from whom the information was obtained, or
(b)  in connection with the administration or execution of this Act, or
(c)  for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings, or
(d)  (Repealed)
(e)  with the concurrence of the Minister, or
(f)  in accordance with a requirement imposed under the Government Information (Public Access) Act 2009, or
(g)  by an inspector or a member of staff of the Department to an officer or authority engaged in administering or executing the environment protection legislation, the Environmental Planning and Assessment Act 1979, work health and safety legislation or any other legislation prescribed by the regulations.
(3)  A reference in this section to information obtained in connection with the administration or execution of this Act includes a reference to a return or other information relating to royalty under this Act that is obtained by the Minister, or a delegate of the Minister, from a tax officer (within the meaning of the Taxation Administration Act 1996).

Maximum penalty: 100 penalty units.

Division 2 Classification of lands

366   Mining divisions

(1)  The Governor may, by order published in the Gazette, constitute any land as a mining division and may, by the same or a subsequent order so published, name the division and fix its boundaries.
(2)  A mining registrar is to be appointed for each mining division constituted under this section.

367   Reserves

(1)  The Governor may, by order published in the Gazette, constitute any land as a reserve and may, by the same or a subsequent order so published, name the reserve and fix its boundaries.
(2)  The Governor may, by an order under this section, give any one or more of the following directions:
(a)  that no exploration licence is to be granted over land in the reserve,
(b)  that no assessment lease is to be granted over land in the reserve,
(c)  that no mining lease is to be granted over land in the reserve,
(d)  that no mineral claim is to be granted over land in the reserve.
(3)  In an order constituting land as a reserve, the Governor may stipulate that the reserve is to extend only to the surface of the land, to the surface of the land and the subsoil below the surface, to the surface of the land and the subsoil to a specified depth below the surface, or to the subsoil below or between any specified depth or depths below the surface of the land.
(4)  If:
(a)  an application for an exploration licence is made or pending in respect of land that is the subject of a direction under subsection (2) (a), or
(b)  an application for an assessment lease is made or pending in respect of land that is the subject of a direction under subsection (2) (b), or
(c)  an application for a mining lease is made or pending in respect of land that is the subject of a direction under subsection (2) (c), or
(d)  an application for a mineral claim is made or pending in respect of land that is the subject of a direction under subsection (2) (d),
the application is a nullity to the extent to which it is made in respect of the land the subject of the direction, but, if the application is also made in respect of other land, the application is taken to have been made in respect of that other land.

368   Mineral allocation areas

(1)  The Governor may, by order published in the Gazette, constitute any land as a mineral allocation area and may, by the same or a subsequent order so published, name the area and fix its boundaries.
Editorial note. For orders under this subsection see Gazettes No 101 of 20.8.1992, p 5946; No 127 of 19.11.1993, p 6850; No 35 of 11.2.1994, p 630; No 102 of 3.7.1998, p 5258; No 81 of 16.7.1999, p 5023; No 57 of 23.3.2001, p 1494; No 100 of 22.6.2001, p 4276; No 124 of 8.8.2003, p 7884; No 37 of 24.3.2006, p 1571; No 182 of 14.12.2007, p 9633; No 92 of 14.9.2012, p 3937 and No 113 of 26.10.2012, p 4479.
(2)  A mineral allocation area may be constituted for all minerals, for specified minerals or groups of minerals or for all minerals other than specified minerals or groups of minerals.
(3)  More than one mineral allocation area may be constituted in respect of any land.

369   Notification areas

(1)  The Dams Safety Committee may, by order published in the Gazette in relation to a prescribed dam, declare that the land described in the order, including land under the dam, is the notification area for the dam.
(2)  A notification area is an area which underlies or surrounds a prescribed dam and in relation to which the Dams Safety Committee is required by this Act to be notified of certain proposals to grant assessment leases or mining leases.

369A   Fossicking districts

The Minister may, by order published in the Gazette, constitute any land as a fossicking district and may, by the same or a subsequent order so published, name the district and fix its boundaries.

370   (Repealed)

371   Points to be ascertained by reference to Geocentric Datum of Australia

The position on the surface of the Earth of a point, line or area that is necessary to be determined for the purposes of this Act, or of any order, instrument or notification under this Act, is to be determined by reference to the Geocentric Datum of Australia within the meaning of the Surveying and Spatial Information Act 2002.

Division 3

372–376(Repealed)

Division 4 Miscellaneous

377   Museums and laboratories

The Minister may establish and maintain in connection with the Department:
(a)  museums for the purpose of providing instruction, by means of displays, classes, lectures or other methods, in geology, mineralogy, chemistry and engineering in their scientific and practical application to mining pursuits, and
(b)  laboratories for the assaying and testing of mineral products or for other analytical determination.

378   Purchase of coal bearing land

The Minister may, from funds appropriated by Parliament, purchase on behalf of the Crown land containing seams of coal.
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