Division 1 Applications and tenders
(1) Any person may apply for a mining lease.(2) An application for a mining lease:(a) must specify the mineral or minerals, or the mining purpose or mining purposes, in respect of which it is made, and(b) must be lodged with a mining registrar, and(c) must be accompanied by the required particulars, and(d) must be accompanied by the appropriate lodgment fee.(3) The required particulars, in the case of an application that specifies a mineral or minerals, are as follows:(a) a description, prepared in the manner prescribed by the regulations, of the land over which the mining lease is sought,(b) an assessment of the mineral bearing capacity of the land and of the extent of any mineral deposits in that land,(c) particulars of the financial resources available to the applicant,(d) particulars of the technical advice available to the applicant,(e) particulars of the program of work proposed to be carried out by the applicant on the area of land over which the mining lease is sought.(4) An application that relates to land within a mineral allocation area may not be made in relation to an allocated mineral except:(a) by the holder of an exploration licence or assessment lease over that land in respect of that mineral, or(b) with the consent of the Minister.(5) The required particulars, in the case of an application that specifies a mining purpose or mining purposes, are as follows:(a) a description, prepared in the manner prescribed by the regulations, of the land over which the mining lease is sought,(b) a description of the nature and extent of the mining purpose or mining purposes to be carried out.
(1) This section applies only to allocated minerals in land within a mineral allocation area.(2) The Minister may, by notice published:(a) in a newspaper circulating generally throughout the State, and(b) in one or more newspapers circulating in the locality in which the land concerned is situated,invite tenders for a mining lease for an allocated mineral.(3) An invitation:(a) must describe the land to which it relates, and(b) must identify the allocated mineral to which it relates, and(c) must specify the place at which, and the date on or before which, tenders for the mining lease should be lodged.(4) Tenders may not be invited under this section otherwise than in accordance with Part 2 of Schedule 1.
(1) A tender for a mining lease:(a) must be lodged with the Director-General in accordance with the invitation for the tender, and(b) must be accompanied by the required particulars, and(c) must be accompanied by the appropriate lodgment fee.(2) The required particulars are as follows:(a) particulars of the financial resources available to the tenderer,(b) particulars of the technical advice available to the tenderer,(c) particulars of the program of work proposed to be carried out by the tenderer on the land over which the mining lease is sought.(3) A tender may specify that, in the event that the tender is successful, the tenderer will pay:(a) a specified amount, or(b) royalty, at a specified rate, over and above the royalty payable under Part 14, or(c) both such an amount and royalty at such a rate,in addition to the cash reserve price (if any) specified in the invitation for the tender.(4) A tender may also specify:(a) whether or not an amount referred to in subsection (3) (a) will be paid by way of instalments, and(b) if such an amount is to be paid by way of instalments—the period (not exceeding 5 years) within which the amount will be paid.(5) A tenderer is entitled to a refund of the fee referred to in subsection (1) (c) if a mining lease is not granted to the tenderer as a consequence of the tenderer being refused development consent to the use of the land concerned, or any part of the land, for the purpose of obtaining minerals.
54 Minister may require further information
The Minister may require the applicant or tenderer to furnish further information in connection with the application or tender, including (if the applicant or tenderer is a corporation) information as to the extent to which the controlling power in the corporation’s affairs is held by:(a) a foreign company within the meaning of the Corporations Act 2001 of the Commonwealth, or(b) a company registered under that Act that is taken for the purposes of that Act to be registered in a State or Territory other than New South Wales, or(c) an individual who is a resident of a foreign country.
55 Minister may exclude land from application or tender
(1) The Minister may, by order in writing, direct that any part of the land to which an application or tender relates be excluded from the application or tender.(2) A direction takes effect on the date on which written notice of the direction is served on the applicant or tenderer.(3) A tenderer affected by any such direction may amend the tender by written notice lodged with the Director-General on or before such date as may be specified in the direction.
56 Application for mining lease may be dealt with as application for exploration licence or assessment lease
The Minister may, at the request of the applicant, deal with an application as if it were an application for an exploration licence or assessment lease.
Division 2 Restrictions on the grant of mining leases
A mining lease may not be granted over any land within:(a) (Repealed)(b) a reserve in respect of which an order prohibiting the granting of mining leases is in force under section 367.
(1) A mining lease may not be granted over any land:(a) the subject of an exploration licence that includes any mineral or minerals in respect of which the mining lease is sought, or(b) the subject of an assessment lease, mining lease or mineral claim, or(c) the subject of an application for any of the following that was lodged before the application for the firstmentioned mining lease:otherwise than to or with the written consent of the holder of, or the applicant for, that licence, lease or claim.(i) an exploration licence that includes minerals in respect of which the mining lease is sought,(ii) an assessment lease,(iii) a mining lease,(iv) a mineral claim,(2) A written consent given under this section is irrevocable.(3) If, as a result of such a consent, a mining lease is granted over any such land, that land:(a) ceases to be subject to the exploration licence, assessment lease, mining lease or mineral claim concerned, or(b) is excluded from the application for the exploration licence, assessment lease, mining lease or mineral claim concerned,as the case requires.
59 Land subject to exploration licence
(1) If an application for a mining lease is lodged in respect of land that is subject wholly or partly to one or more exploration licences (other than exploration licences that include any mineral or minerals in respect of which the mining lease is sought), the Minister must cause notice of the application to be served on the holder of every such exploration licence.(2) The holder of an exploration licence served with such a notice may object to the granting of the mining lease by lodging with the Director-General, on or before the date specified in the notice, a written notice stating the grounds of the objection.(3) Any such objection is to be taken into consideration by the Minister when determining the application.(4) This section does not apply to an application that is made with the written consent of the holder of every exploration licence over the land concerned.(5) A written consent given under this section is irrevocable.
60 Land on which private mining operations being carried on
(1) A mining lease may not be granted over any land:(a) if mining operations for a privately owned mineral are being carried out on the land by or with the consent of the owner of the mineral, and(b) if the notice referred to in section 8 (1) (a) and the security referred to in section 8 (1) (b) have each been duly lodged with the Director-General,except with the written consent of the owner of the mineral.(2) A written consent given under this section is irrevocable.(3) If a dispute arises as to whether or not this section applies in a particular case, any party to the dispute may apply to the Land and Environment Court for a determination of the matter.
A mining lease may not be granted over land within a colliery holding unless the Chief Inspector appointed under the Coal Mine Health and Safety Act 2002 is satisfied that prospecting or mining operations may be carried out under the lease without any adverse effect on, and without any risk to the safety of the persons engaged in, the carrying out of coal mining operations in the mining area.
62 Dwelling-houses, gardens and significant improvements
(1) A mining lease may not be granted over the surface of any land:(a) on which, or within the prescribed distance of which, is situated a dwelling-house that is the principal place of residence of the person occupying it, or(b) on which, or within the prescribed distance of which, is situated any garden, or(c) on which is situated anything that is taken to be a significant improvement under clause 23A of Schedule 1,except with the written consent of the owner of the dwelling-house, garden or improvement (and, in the case of the dwelling-house, the written consent of its occupant).(2) The prescribed distance is:(a) 200 metres (or, if a greater distance is prescribed by the regulations, the greater distance) for the purposes of subsection (1) (a), and(b) 50 metres (or, if a greater distance is prescribed by the regulations, the greater distance) for the purposes of subsection (1) (b).(3) A written consent given under this section is irrevocable.(4) Subsection (1) does not apply in respect of a dwelling-house, garden or significant improvement that was not in existence at the relevant date.(5) The relevant date is:(a) in the case of a mining lease the subject of a tender under section 53, the date on which notice of the invitation for tenders for the mining lease was published in the Gazette under section 136, or(b) in the case of a mining lease the subject of an application made by the holder of an exploration licence granted as a result of a tender under section 15 in respect of the same land, or of an assessment lease granted over the same land to the holder of such an exploration licence, the date on which notice of the invitation for tenders for the exploration licence was published in the Gazette under section 136, or(c) in the case of a mining lease for coal the subject of an application made by the holder of an exploration licence for coal in respect of the same land, or of an assessment lease for coal granted over the same land to the holder of such an exploration licence, the date on which the application for the exploration licence was lodged, or(d) in the case of a mining lease the subject of an application made by the holder of an assessment lease or mineral claim over the same land, the date on which the lease or claim was granted, or(e) in the case of a mining lease the subject of an application made otherwise than by a person referred to in paragraph (a), (b), (c) or (d), the date on which the application for the mining lease was lodged.(6) This section does not apply with respect to a dwelling-house, garden or significant improvement owned by the applicant for the mining lease or, if the applicant is a corporation, by a related corporation.(6A) If a dispute arises as to whether or not subsection (1) (a) or (b) applies in a particular case, any party to the dispute may apply to the Land and Environment Court for a determination of the matter.Note. A dispute in relation to subsection (1) (c) is to be dealt with under clause 23B of Schedule 1.(7) A mining lease must not be granted over land below the surface of land referred to in subsection (1) except at such depths, and subject to such conditions, as the Minister considers sufficient to minimise damage to that surface.(8) (Repealed)
Division 3 Granting of mining leases
63 Power of Minister in relation to applications
(1) After considering an application for a mining lease, the Minister:(a) may grant to the applicant a mining lease over all or part of the land over which a lease was sought, or(b) may refuse the application.(2) Without limiting the generality of subsection (1), an application may be refused on the ground that the applicant has been convicted of an offence against this Act or the regulations or any other offence relating to mining or minerals.(3) The Minister may grant a single mining lease in respect of more than one application.(3A) A mining lease may not be granted until the appropriate mining lease fee (as determined under section 382A) has been paid for the grant of the lease.(4) A mining lease may not be granted under this section otherwise than in accordance with Part 2 of Schedule 1.(5) A mining lease may not be granted, in respect of a mining purpose or mining purposes only, unless the Minister is satisfied that the mining purpose or mining purposes is or are to be carried out in connection with and in the immediate vicinity of:(a) a mining lease in respect of a mineral or minerals, or(b) a mineral claim,being a mining lease or mineral claim that has been or is proposed to be granted.
64 Power of Minister in relation to tenders
(1) After considering a tender in respect of which one tender only is lodged, the Minister:(a) may grant a mining lease to the tenderer, or(b) may refuse the tender.(2) After considering all tenders in respect of land in respect of which more than one tender is lodged, the Minister:(a) may grant a mining lease to any one of the tenderers, or(b) may refuse all of the tenders.(3) Without limiting the generality of subsections (1) and (2), a tender may be refused on the ground that the tenderer has been convicted of an offence against this Act or the regulations or any other offence relating to mining or minerals.(4) For the purposes of this section, only one tender is lodged in respect of land if no other tender is lodged in respect of the land or any part of the land.(5) A mining lease may not be granted under this section otherwise than in accordance with Part 2 of Schedule 1.
65 Development consents under the Environmental Planning and Assessment Act 1979
(1) This section applies:(a) in relation to a mining lease for a mineral or minerals, to land for which development consent is required before the land may be used for the purpose of obtaining minerals, and(b) in relation to a mining lease for a mining purpose or mining purposes only, to land for which development consent is required before the land may be used for that purpose or those purposes.(2) The Minister must not grant a mining lease over land to which this section applies unless an appropriate development consent is in force in respect of the land.(3) If a mining lease is granted over land for which an appropriate development consent has been given (being a mining lease granted and a development consent given before the commencement of Schedule 7.11 to the Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005):(a) any condition (being a special purpose condition within the meaning of Division 2 of Part 2 of Schedule 1, as in force immediately before that commencement) imposed on the development consent by a consent authority, or by a body hearing an appeal from a consent authority, is void, and(b) the development consent (to the extent only to which it relates to the use of the land concerned for the purpose of obtaining minerals) is taken to have been given free of the condition.
66 Survey of land to be carried out
(1) Before a mining lease is granted, the Director-General must be satisfied that the land over which the mining lease is to be granted has been properly surveyed.(2) For the purpose of doing so, the Director-General may direct the applicant for the mining lease to cause a survey to be prepared in accordance with such requirements as may be specified in the direction.
67 Recovery of public money expended on testing for minerals or research
(1) If public money has been expended:(a) in the course of testing any land (by way of drilling or otherwise) for the mineral bearing capacity of the land, or(b) in the course of conducting an environmental impact study or other research program in connection with the proper assessment of any application for a mining lease that has been or may be made in respect of any land,the Minister may, by notice in writing, require any applicant for a mining lease over the land or any part of the land to reimburse the Government, within the time specified in the notice, for the money, or any part of the money, so expended.(2) The applicant may elect to pay:(a) a lump sum of the amount specified in the notice as being the proportion of the cost (at current market rates) of carrying out the testing, impact study or research program that the Minister determines should be paid by the applicant, or(b) instalments (of such amounts and paid at such times as may be specified in the notice) totalling the amount referred to in paragraph (a).(3) It is a condition of any mining lease granted to an applicant who has been required to reimburse the Government under this section that any amount that remains unpaid as at the time the lease takes effect is to be paid to the Minister in accordance with the election made by the applicant.(4) If public money has been expended in connection with several parcels of land, the amount so expended is to be apportioned among them in such manner as the Minister thinks fit.
68 Land over which mining lease may be granted
(1) A mining lease may be granted over land of any title or tenure.(2) A mining lease may be granted in respect of any mineral or minerals, regardless of whether the mineral or minerals are publicly owned, privately owned or partly publicly and partly privately owned.(3) A mining lease may be granted over the surface of land, over the surface of land and the subsoil below the surface, over the surface of land and the subsoil down to a specified depth below the surface or over the subsoil between or below any specified depth or depths below the surface of land.
69 Shape and dimensions of land over which mining lease may be granted
The land over which a mining lease is granted may differ in size or shape from, but may not include land other than, the land over which the lease was sought.
(1) A mining lease is subject to:(a) a condition that the holder of the lease will not suspend mining operations in the mining area otherwise than in accordance with the written consent of the Minister, and(b) such other conditions as the Minister may, when granting the lease, impose.(1A) Subsection (1) (a) does not apply to a mining lease that is granted in relation to a mining purpose or mining purposes only.(2) Without limiting the generality of subsection (1), conditions of the following kind may be imposed on a mining lease:(a) conditions requiring the holder of the mining lease to give and maintain security, in such amount and form as the Minister may determine, for the fulfilment of the obligations arising under this Act in respect of the lease,(b) conditions relating to mining or mining operations,(c) conditions relating to the transporting of any mineral or other thing for the purpose of mining,(d) conditions relating to the treatment or preparation for sale of any mineral,(e) conditions relating to the disposal or retention of material discarded from mining operations or from the treatment or preparation for sale of any mineral,(f) conditions relating to the use to which any mineral may be put,whether or not the condition relates to a matter to be carried out on, or in the vicinity of, the mining area.(2A) A condition requiring security to be given and maintained by the holder of a mining lease (the new mining lease) may be expressed so as to require the security given and maintained in relation to some other mining lease or leases, whether under this section or under section 79, to be extended to the new mining lease.(3) If the Minister proposes to grant a mining lease to a person on the condition that the person gives and maintains security, the Minister may cause a written notice to be served on the person requiring the person to lodge the security with the Minister on or before the date specified in the notice.(4) A mining lease granted on the basis of a tender lodged under section 53 is taken to include a condition in the terms specified in the tender for the purposes of subsection (3) of that section.
A mining lease:(a) takes effect on the date on which it is granted or on such later date as the Minister may determine, and(b) ceases to have effect at the expiration of such period (not exceeding 21 years or such longer period as the Minister, with the concurrence of the Premier, may determine) as the Minister may determine.
A mining lease is to include the following particulars:(a) a description of the land over which it is granted,(b) a list of the mineral or minerals, or the mining purpose or mining purposes, in respect of which it is granted,(c) the conditions to which it is subject,(d) the period for which it is to have effect.
Division 4 Rights and duties under a mining lease
(1) The holder of a mining lease granted in respect of a mineral or minerals may, in accordance with the conditions of the lease:(a) prospect on the land specified in the lease for, and mine on that land, the mineral or minerals so specified, and(b) carry out on that land such primary treatment operations (such as crushing, sizing, grading, washing and leaching) as are necessary to separate the mineral or minerals from the material from which they are recovered, and(c) carry out on that land any mining purpose.(1A) The holder of a mining lease granted in respect of a mining purpose or mining purposes only may, in accordance with the conditions of the lease, carry out the mining purpose or mining purposes specified in the lease.(2) While a mining lease is in force, the holder of the lease and any person acting as agent or employee of the holder, or delivering goods or providing services to the holder, for the purpose of a requirement of or an activity authorised by the lease may:(a) for that purpose enter and be on the mining area, and(b) do anything so authorised or required.(9) In this section:mining area includes, in relation to a lease that does not include the surface of land, any part of the surface of land on which the holder of the lease is authorised, in accordance with section 81, to carry out activities.
(1) The Minister may, by order in writing, direct that:(a) a specified mining purpose be carried out in accordance with any condition specified in the order, or(b) the carrying out of a specified mining purpose be discontinued for such period as is specified in the order.(1A) Subsection (1) (b) does not apply to a mining purpose specified in a mining lease granted in respect of a mining purpose or mining purposes only.(2) An order takes effect on the date on which written notice of the order is served on the holder of the mining lease concerned or on such later date as may be specified in the notice.(3) A person on whom an order is served must not contravene the order.Maximum penalty: 100 penalty units.
76 Fencing of land subject to mining lease
(1) The holder of a mining lease may fence the whole or any part of the mining area.(2) The holder of the mining lease must erect and maintain a fence around any unfenced shaft, machinery or other works on the surface of the mining area if required to do so by notice in writing:(a) given by the landholder of the land concerned, or(b) in the case of Crown land (within the meaning of the Crown Lands Act 1989) for which there is no landholder other than the Crown—given by the Minister.Maximum penalty: 100 penalty units.
77 Addition of mineral to mining lease
(1) The holder of a mining lease granted in respect of a mineral or minerals may apply for the inclusion in the lease of a mineral additional to the mineral or minerals to which the lease relates.(2) The application must be lodged with the Director-General.(3) The holder of a mining lease over any land must, within 21 days after lodging the application, serve a copy of the application on each landholder.(4) After considering the application, the Minister:(a) may, by order in writing served on the applicant, direct that the mining lease apply to the additional mineral specified in the direction, or(b) may refuse the application.(5) A direction may be given unconditionally or subject to such conditions as are specified in the direction.(6) While a direction is in force, the mining lease concerned is taken to extend to the mineral the subject of the direction.
78 Inclusion of petroleum in mining lease
(1) The holder of a mining lease for coal may apply for the inclusion in the lease of petroleum.(2) The application must be lodged with the Director-General.(3) After considering the application, the Minister:(a) may, by order in writing served on the applicant, direct that the mining lease apply to petroleum, or(b) may refuse the application.(4) Without limiting the generality of subsection (3), the Minister must refuse an application if the land to which the application relates:(a) is within the New South Wales adjacent area, within the meaning of the Petroleum (Offshore) Act 1982, or(b) is subject to a petroleum exploration licence or a petroleum mining lease granted under the Petroleum (Onshore) Act 1991.(5) A direction may be given unconditionally or subject to such conditions as are specified in the direction.(6) Without limiting the generality of subsection (5), the Minister may direct that a mining lease is to apply to petroleum subject to a condition relating to any one or more of the following matters:(a) the limitation of the right to prospect or drill for petroleum to part only of the mining area,(b) the limitation of that right to prospecting or drilling for some specified type or form of petroleum only,(c) the working practices and methods of extraction to be used when prospecting or drilling for petroleum,(d) the use to which any petroleum recovered may be put,(e) the joint mining and development of petroleum with the holder of a mining lease, or with the holder of a petroleum mining lease under the Petroleum (Onshore) Act 1991, over land adjoining the mining area.
79 Amendment of mining lease in respect of certain conditions
(1) The Minister may amend a mining lease so as to allow the holder of the lease to comply with a condition relating to expenditure instead of a condition relating to labour.(2) The Minister may amend a mining lease that does not contain a condition requiring the holder of the lease to give and maintain security for the fulfilment of the obligations of the holder arising under this Act so as to include such a condition.(3) The Minister may amend a mining lease that contains such a condition so as to vary the amount and form of the security that is required to be given and maintained.(4) The Minister may amend any 2 or more mining leases held by the same holder that contain such a condition so as to require a single security to be given and maintained.(5) The amendment of a mining lease takes effect on the date on which written notice of the amendment is served on the holder of the mining lease or on such later date as may be specified in the notice.
80 Prevention of damage to prescribed dams
(1) The Dams Safety Committee may recommend to the Minister that a mining lease (being a mining lease over land within a notification area) be amended, by the variation of the conditions of the lease or by the inclusion of additional conditions in the lease, so as to prevent or mitigate any damage to a prescribed dam.(2) If the Minister does not accept the recommendations of the Dams Safety Committee, the matter must be dealt with in consultation with the Minister administering the Dams Safety Act 1978.(3) The Minister may cause to be taken such steps as the Minister considers appropriate in connection with the matter to which such a recommendation relates and if, as a result of the steps so taken, agreement is not reached as to the acceptance, modification or withdrawal of the recommendation, the matter is to be referred to the Premier.(4) If any matter is so referred, the Premier may give such decision as the Premier considers appropriate.(5) The amendment of a mining lease takes effect on the date on which written notice of the amendment is served on the holder of the mining lease or on such later date as may be specified in the notice.
81 Surface prospecting in relation to subsurface leases
(1) The holder of a mining lease over any land (being a lease that does not include the surface of the land) may, with the consent of:(a) the landholder, and(b) the holder of any authority or mineral claim in force over the surface of the land,carry out prospecting operations on the surface of the land.(2) Before carrying out prospecting operations of the kind referred to in subsection (1), the holder of the mining lease:(a) must cause notice of intention to do so to be given to the Director-General, and(b) must cause security (in such amount and form, and on or before such date, as the Minister may determine) to be lodged with the Director-General for the fulfilment of the obligations arising under this Act in respect of the lease, including any obligations arising under Part 11 as applied by subsection (3).(3) Part 11 applies to the land over which the holder of a mining lease carries out such prospecting operations as if that land were land the subject of the mining lease.
82 Certain resumptions, conveyances and transfers not to affect mining lease
The conveyance, transfer or compulsory acquisition of land by or under any other Act or law (including the conveyance or transfer of the land under section 722 of the Local Government Act 1993) does not affect a mining lease, or any rights under a mining lease, and the mining lease and those rights continue to have effect as if the land had not been conveyed, transferred or acquired.
83 Mining areas over which an authority is subsequently granted
Land over which a mining lease is granted and over which some other authority is subsequently granted ceases to be part of the mining area when the subsequent authority takes effect.
Division 5 Subleasing of mining leases
83A Subleases not to exceed 100 hectares in area
(1) A mining sublease that purports to have effect in relation to more than the prescribed area of the land the subject of its head lease is void for all purposes, both in relation to the land the subject of its head lease and any other land in respect of which the mining sublease purports to have effect.(2) This section does not apply:(a) if the holder of the head lease is a body corporate and the holder of the mining sublease is a subsidiary of the body corporate within the meaning of the Corporations Act 2001 of the Commonwealth, or(b) if the mining sublease is exempt from the operation of this section by an order in force under subsection (3), or(c) if the mining sublease is exempt from the operation of this section by the regulations.(3) The Minister may, by order in writing, exempt a mining sublease from the operation of this section.(4) In this section:head lease means the mining lease under which a mining sublease is granted.
mining sublease means any instrument in the nature of a sublease or sublicence by which the holder of a mining lease:
(a) assigns, or purports to assign, to another person for a limited period, or(b) permits, or purports to permit, another person to exercise for a limited period,any of the rights conferred by the mining lease.prescribed area, in relation to land the subject of a mining sublease, means:
(a) except as provided by paragraph (b), 100 hectares, or(b) if any other mining sublease has effect in relation to land the subject of the same head lease, 100 hectares less the total area of land in relation to which each other mining sublease has effect.