Division 4Division 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 mineral 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 decision-maker:(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.(4A) A direction may be given in respect of a mining (mineral owner) lease only if the additional mineral is owned by the holder of that lease.(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 expenditure and labour conditions
(1) The decision-maker 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 amendment takes effect on the date on which written notice of the amendment is served on the holder of the lease or on any later date 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 activities 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 on the surface of the land any activities that are prescribed by the regulations.(2) (Repealed)(3) Part 11 applies to the land over which the holder of a mining lease carries out such prescribed activities 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.