1 Name of Act
2 Commencement
3 Act binds Crown
4 Definitions
4A Application of Act
4B Notes
Part 2 Prospecting and mining generally
5 Mining etc for publicly owned minerals
6 Mining etc for privately owned minerals on land subject to authority etc
7 Mining etc for privately owned minerals on land subject to pending application for authority etc
8 Mining etc for privately owned minerals without due notice to Director-General
9 Mining etc for privately owned coal
10 Defence to prosecutions under Part 2
11 Property in minerals lawfully mined
11A Certain activities taken not to be prospecting or mining
12 Fossicking
Division 2 Offences concerning theft of minerals
12A Definitions
12B Stealing minerals
12C Fraudulent removal and concealment of minerals by employees
12D Fraudulent removal and concealment of minerals by partners
12E (Repealed)
Division 1 Applications and tenders
13 Applications
14 Invitations for tenders
15 Tenders
16 Minister may require further information
17 Minister may exclude land from application or tender
Division 2 Restrictions on the grant of exploration licences
18 Land in reserve or opal prospecting area
19 Land subject to authority
20 Land on which private mining operations being carried on
21 Colliery holdings
Division 3 Granting of exploration licences
22 Power of Minister in relation to applications
23 Power of Minister in relation to tenders
24 Land over which exploration licence may be granted
25 Shape and dimensions of land over which exploration licence may be granted
26 Conditions of exploration licence
27 Term of exploration licence
28 Form of exploration licence
Division 4 Rights and duties under an exploration licence
29 Rights under exploration licence
29A Amendment of exploration licence in respect of certain conditions
30 Exempted areas
31 Dwelling-houses, gardens and improvements
32 Exploration areas over which authority is subsequently granted
Division 5 Low-impact exploration licences—special provisions
32A Object of Division
32B Special low-impact class of licence
32C Authority conferred by low-impact licence
32D Provisions relating to applications for low-impact licence
32E Change of class of licence—additional prospecting operations
32F Access arrangement required for prospecting operations under low-impact licences
32G Renewal of low-impact licences
33 Applications
34 Minister may require further information
35 Minister may exclude land from application
Division 2 Restrictions on the grant of assessment leases
36 Land in reserve or opal prospecting area
37 Land subject to authority
38 Land subject to exploration licence
39 Land on which private mining operations being carried on
40 Colliery holdings
Division 3 Granting of assessment leases
41 Power of Minister in relation to applications
42 Land over which assessment lease may be granted
43 Shape and dimensions of land over which assessment lease may be granted
44 Conditions of assessment lease
45 Term of assessment lease
46 Form of assessment lease
Division 4 Rights and duties under an assessment lease
47 Rights under assessment lease
47A Amendment of assessment lease in respect of certain conditions
48 Exempted areas
49 Dwelling-houses, gardens and improvements
50 Assessment areas over which authority is subsequently granted
Division 1 Applications and tenders
51 Applications
52 Invitations for tenders
53 Tenders
54 Minister may require further information
55 Minister may exclude land from application or tender
56 Application for mining lease may be dealt with as application for exploration licence or assessment lease
Division 2 Restrictions on the grant of mining leases
57 Land in reserve
58 Land subject to authority
59 Land subject to exploration licence
60 Land on which private mining operations being carried on
61 Colliery holdings
62 Dwelling-houses, gardens and improvements
Division 3 Granting of mining leases
63 Power of Minister in relation to applications
64 Power of Minister in relation to tenders
65 Development consents under the Environmental Planning and Assessment Act 1979
66 Survey of land to be carried out
67 Recovery of public money expended on testing for minerals or research
68 Land over which mining lease may be granted
69 Shape and dimensions of land over which mining lease may be granted
70 Conditions of mining lease
71 Term of mining lease
72 Form of mining lease
Division 4 Rights and duties under a mining lease
73 Rights under mining lease
74 Mining unaffected by Environmental Planning and Assessment Act 1979
75 Mining purposes
76 Fencing of land subject to mining lease
77 Addition of mineral to mining lease
78 Inclusion of petroleum in mining lease
79 Amendment of mining lease in respect of certain conditions
80 Prevention of damage to prescribed dams
81 Surface prospecting in relation to subsurface leases
82 Certain resumptions, conveyances and transfers not to affect mining lease
83 Mining areas over which an authority is subsequently granted
Part 6 Consolidation of mining leases
84 Definitions
85 Existing leases that may be consolidated
Division 2 Preparation and amendment of consolidated mining leases
86 Preparation of proposed lease
87 Amendment of proposed lease
Division 3 Notification of Government agencies
88 Notification of Director of Planning
89 Notification of Dams Safety Committee
90 Subsequent amendment of proposed lease
91 Objections to granting of proposed lease
92 Resolution of objections
93 Granting of proposed lease if objection or proposal made
Division 4 Notification of holder of existing leases
94 Notification of holder of existing leases
95 Subsequent amendment of proposed lease
96 Objections to granting of proposed lease
97 Consideration of objections
Division 5 Granting of consolidated mining leases
98 Minister may grant consolidated mining lease
99 Land over which consolidated mining lease may be granted
100 Conditions of consolidated mining lease
101 Term of consolidated mining lease
102 Form of consolidated mining lease
103 Validity of consolidated mining lease not affected by certain defects
104 Application of this Act and other Acts to grant of consolidated mining leases
Division 6 Securities for performance of obligations
105 Requirement of security
106 Credit for existing securities
107 Appropriation of existing securities
Division 7 Preservation of certain rights, liabilities etc on consolidation
108 Liability generally preserved
109 Saving of interest in existing leases
110 Councils and development consents
111 (Repealed)
112 Rights of way
Part 7 Renewal, transfer and cancellation of authorities
Division 1 Renewal of authorities
113 Applications
114 Power of Minister in relation to applications
115 Notice of renewal to be served on holder of authority
116 Application by some only of holders of authority
117 Authority to have effect until application dealt with
118 Date from which renewal of authority has effect etc
119 Partial renewals
Division 2 Transfer of authorities
120 Applications
121 Power of Minister in relation to applications
122 Registration of transfers
123 Partial transfers
124 Caveats
Division 3 Cancellation or operational suspension of authorities
125 Grounds of cancellation or operational suspension
126 Cancellations and operational suspensions
127 Compensation for cancellation or suspension of operations
128 Appeals against decisions concerning cancellation or suspension of operations
129 Holder of authority must be at least 18
130 Withdrawal of application
131 Pending applications
132 Disputes as to priority of applications
133 Nomination by applicant or tenderer
134 Death etc of applicant
135 Waiver of minor procedural matters
136 Gazettal of certain matters
137 Limitation of right to challenge technical defects in authorities
Division 2 Access arrangements for prospecting titles
138 Application of Division
139 Arbitration Panel
140 Prospecting to be carried out in accordance with access arrangement
141 Matters for which access arrangement to provide
142 Holder of prospecting title to seek access arrangement
143 Appointment of arbitrator by agreement
144 Appointment of arbitrator in default of agreement
145 Arbitration
146 Right of appearance
147 Conciliation
148 Procedure
149 Interim determination by arbitrator
150 Further arbitration
151 Final determination by arbitrator
152 Costs
153 Withdrawal from arbitration
154 Liability
155 Review of determination
156 Effect of access arrangement etc
157 Variation of access arrangements
158 Duration of access arrangements
Division 3 Records and registration
159 Records
160 Interest in authority to be created by instrument in writing
161 Registration of certain interests
162 Devolution of rights of holder of authority
163 Colliery holdings
164 Rights of way
165 Right of access to water
166 Use of water, timber and pasturage etc
167 Joint holders of authorities
168 Suspension of conditions
169 Retention and forfeiture of security deposit
170 Settlement of certain disputes
171 Minister and certain other persons indemnified in certain circumstances
172 Evidentiary provision
172A Effect of change of inner limit of coastal waters
Division 1 Mineral claims districts
173 Constitution of mineral claims districts
173A Ancillary orders
174 Notice of proposal to constitute mineral claims district
175 Special conditions
175A Unlawful entry to site of mineral claim
175B Court may make exclusion order against convicted persons
175C Appeals against, and suspensions and annulments of, exclusion orders
175D Offence of contravening exclusion order
176 Marking out of proposed claim area
177 Notice of intention to apply for mineral claim
178 Application for granting of mineral claim
179 Objection as to agricultural land
Division 3 Restrictions on the grant of mineral claims
180 General restrictions
181 Exempted areas
182 Opal prospecting blocks, reserves and mineral allocation areas
183 Land subject to authority
184 Land subject to exploration licence over different minerals etc
185 Land on which private mining operations being carried on
186 Colliery holdings
187 Agricultural land
188 Dwelling-houses, gardens and improvements
189 Mineral claim not to be re-granted to former holder
Division 4 Granting of mineral claims
190 Power of mining registrar in relation to applications
191 Land over which mineral claim may be granted
192 Conditions of mineral claim
193 Term of mineral claim
194 Certificate of mineral claim
Division 5 Rights and duties under a mineral claim
195 Rights under mineral claim
195A Amendment of mineral claim in respect of certain conditions
196 Claim areas over which authority is subsequently granted
Division 6 Renewal, transfer and cancellation or operational suspension of mineral claims
197 Application for renewal
198 Determination of application for renewal
199 Partial renewal
199A Term of renewal
200 Application for transfer
201 Determination of application for transfer
202 Devolution by operation of law
203 Grounds of cancellation or operational suspension
204 Cancellations and suspensions
205 Compensation for cancellation or suspension of operations
206 Review of decisions concerning cancellation or suspension of operations
207 Holder of mineral claim must be at least 18
208 Withdrawal of application
209 Pending applications
210 Death etc of applicant for granting of mineral claim
210A Waiver of minor procedural matters
210B Limitation of right to challenge technical defects in mineral claims
211 Rights of way
212 Right of access to water
213 Use of water, timber and pasturage etc
214 Joint holders of mineral claims
215 Suspension of conditions
216 Retention and forfeiture of security deposit
217 Settlement of certain disputes
218 Minister and certain other persons indemnified in certain circumstances
218A Records
219 Evidentiary provision
219A Mineral claims district management fund
Part 10 Opal prospecting licences
Division 1 Opal prospecting areas
220 Opal prospecting areas
221 Notification of landholders
222 Objections
223 Certain land not to be included in opal prospecting area
224 Opal prospecting blocks
225 Map of opal prospecting area to be prepared
Division 2 Opal prospecting licences
226 Applications
227 Restrictions on grant of licence
228 Power of mining registrar in relation to applications
229 Conditions of licence
230 Term of licence
231 Form of licence
232 Rights under licence
232A Amendment of opal prospecting licence in respect of certain conditions
233 Grounds of cancellation
234 Cancellations
235 Certain claims for damages prohibited
235A Records
235B Retention and forfeiture of security deposit
235E Pending applications
236 Evidentiary provision
Part 11 Protection of the environment
Division 1 Environment to be considered before grant of authorities or mineral claims
237 Need to protect natural resources etc to be taken into account
Division 2 Conditions for protecting the environment
238 Inclusion of conditions for protecting the environment
239 Rehabilitation etc of area damaged by mining
Division 3 Directions to rehabilitate land
240 Direction to comply with conditions
241 Rehabilitation by Minister at holder’s expense
242 Recovery of costs of rehabilitation
Division 4 Directions to remove mining plant
243 Application of Division
244 Definitions
245 Clearing away of mining plant
246 Sale of mining plant
Division 1 Entry by inspectors
247 Powers of inspectors
247A Powers of royalty officers
248 Certificates of authority
Division 2 Entry by other persons
249 Entry on land for rehabilitation purposes etc
250 Surveys and ore sampling
251 (Repealed)
252 Environmental assessment
253 Encroachments by mining works
254 Permit to enter land
Division 3 Exercise of power of entry
255 Restriction of power of entry: inspectors and royalty officers
255A Restriction of power of entry: permit holders
256 Premises used for dwelling purposes
257 Obstruction
258 Conditions of permit
259 Term of permit
260 Form of permit
261 Cancellation of permit
Division 1 Prospecting and mining
262 Definition
263 Compensation arising under exploration licence
264 Compensation arising under assessment lease
265 Compensation arising under mining lease
266 Compensation arising under mineral claim
267 Compensation arising under opal prospecting licence
267A Effect of determination and payment of compensation under provisions of Commonwealth Native Title Act
268 Compensation payable on transfer of certain authorities etc
Division 2 Environmental assessment
269 Definitions
270 Compensation arising under environmental assessment permit
Division 3 Procedure for assessing compensation
271 Definitions
272 Assessment of compensation
273 Payment into court
274 Payment out of court
275 Procedure of court in making assessment
276 Additional assessment
277 Directions to furnish names and addresses
278 Appeals
Division 4 Consolidated mining leases
279 Compensation not payable on consolidation
280 Compensation already due not affected by consolidation
281 Compensation for further loss
Division 5 Native title compensation payable by holders of authorities
281A Application of Division
281B Compensation payable by holders of authority
Division 1 Publicly owned minerals
282 Liability to pay royalty
283 Rate of royalty
Division 2 Privately owned minerals
284 Liability to pay royalty
285 Rate of royalty
286 Royalty payable on petroleum recovered under mining lease for coal
286A Definition of coal reject
286B Royalty on coal in coal reject
286C Rate of royalty
286D Evidentiary matters
287 Exemption from royalty
287A Waiver of payment of additional royalty for coal
288 Trust fund etc
289 Returns
290 Minister may require information to be furnished etc
291 Payment of royalty
292 Recovery of royalty
Part 15 Wardens and Wardens’ Courts
Division 1 Appointment of wardens and establishment of Wardens’ Courts
293 Appointment of chief warden and wardens
294 Establishment of Wardens’ Courts
295 Mining registrars to be registrars of Wardens’ Courts
296 Jurisdiction of Wardens’ Courts
297 Decisions etc of Wardens’ Courts bind parties
297A Procedure relating to criminal proceedings
Division 2 Practice and procedure in Wardens’ Courts
298 Signing of process etc
299 Time for holding Warden’s Court
300 Register to be kept
301 Commencement of proceedings by summons
302 Complaint may be heard without summons
303 Warden to hear and determine complaint
304 Right of appearance
305 Complaint not to be dismissed for informality
306 Amendment of proceedings
307 Registrar of Warden’s Court may adjourn court in absence of warden
308 Defendant may pay money into court
309 Instalments may be ordered
310 Complaints for injury to property etc
311 Warden may order deposit of mineral etc
312 Warden may grant injunction
313 Granting of injunctions in cases of urgency
314 Orders protecting adjacent authorities and mineral claims
315 Contravention of injunction
316 Court may order payment of money or delivery of mineral
317 Costs may be allowed
318 Form and service of orders
319 Certain orders may be entered as judgments
320 Warden may authorise person or officer to perform any prescribed act
321 Appeals to District Court and Supreme Court
322–324 (Repealed)
325–328(Repealed)
Division 5 Administrative matters
329 Documents and affidavits may be in writing or print
330 Contempt of court and penalties
331 Interpleader
Division 6 Rules and practice directions
332 Practice and procedure etc of Wardens’ Courts
333 Chief warden may issue practice directions
Division 7 Other functions of wardens
334 Inquiries generally
335 Mining registrar may request inquiry by warden
336 Procedure on inquiry
337 No appeals against a warden’s administrative functions
338 Witness neglecting to appear
339 Disobedience of order
340 Person removed from land not to retake possession etc
Part 16 Mine Safety Advisory Council
341 Establishment of Mine Safety Advisory Council
342–358 (Repealed)
359 Boards of management
360 Mining registrars, deputy mining registrars, royalty officers and other staff
361 Inspectors
362 Exclusion of personal liability
363 Delegation of functions by Minister, Director-General or mining registrar
364 Minister etc not to be holder of an authority, mineral claim or opal prospecting licence
365 Disclosure of information etc
Division 2 Classification of lands
366 Mining divisions
367 Reserves
368 Mineral allocation areas
369 Notification areas
369A Fossicking districts
370 Graticulation of the Earth’s surface
371 Points to be ascertained by reference to Geocentric Datum of Australia
372 Obstruction of wardens etc
373 Obstruction etc of holder of authority etc
374 False or misleading information etc
374A Contravention of conditions of mining title
375 Proceedings for offences
375A Penalty notices for offences under section 374A
376 Offences by corporations
377 Museums and laboratories
378 Purchase of coal bearing land
379 Saving of royal prerogative
380 Saving of other Acts etc
381 Prospecting unaffected by Environmental Planning and Assessment Act 1979
382 Applications and tenders generally
382A Minister to determine certain fees
383 Service of documents
383A Service of documents on native title holders
383B Consent of landholders and others
383C General immunity of landholders
384 Defence in proceedings for defamation
385 Payment of compensation
386 Recovery of unpaid fees etc
387 Government agencies
387A Application of Act in relation to former minerals
388 Regulations
389 Repeals
390 References to certain officers in mining titles
391 Savings, transitional and other provisions
Schedule 1 Public consultation with respect to the granting of assessment leases and mining leases
Schedule 4 Regulation making powers