Proposed amendments to the Mining Act 1992 (NSW)

A number of amendments to the Mining Act 1992 (NSW) (Mining Act) are proposed by the following legislative instruments:

• the Mining Amendment Act 2008 (No. 19) (NSW) (Mining Amendment Act), and
• the Courts and Crimes Legislation Further Amendment Bill 2008 (Bill).

The Mining Amendment Act was assented to on 20 May 2008. However, the majority of the substantive provisions have not commenced as the commencement date of these provisions is still to be proclaimed.

The Bill is currently before the New South Wales Parliament.

Mining Amendment Act 2008 (No. 19) (NSW)

The object of this Act is to make miscellaneous amendments to the Mining Act to, among other things:

• require mining of private minerals to be carried out under the authority of an authorisation and to create a new class of authority for mineral owners (a mineral owner authority)
• enable the director-general (rather than the mining registrar) to grant mineral claims, opal prospecting licences and mineral owner authorities and to confer functions currently exercised by mining registrars on the director-general
• enable more than one authorisation to apply over the same land subject to certain conditions
• remove the current limitations on the area of land over which an exploration licence may be granted and to enable regulations to be made with respect to the shape and size of land required
• provide for the kinds of prospecting operations permitted under an authorisation to be determined by the minister by order published in the Gazette, with additional operations to be approved on application
• require mining subleases to be registered for the purposes of recognition under the Mining Act and to make other provisions with respect to the registration of mining subleases and the payment of royalties by holders of mining subleases, and
• provide that fees under the Mining Act are to be prescribed by regulation rather than determined by the minister.

Courts and Crime Legislation Further Amendment Bill 2008 (NSW)

If passed, this Bill will amend the Mining Act so as to transfer to the Land and Environment Court the jurisdiction currently conferred on wardens and the Wardens’ Court.

The Wardens’ Court has a wide jurisdiction under the Mining Act and operates in accordance with a relatively informal process. The Land and Environment Court is a highly specialised court that currently has jurisdiction to determine environmental, development and building/planning disputes. The court has the same status as the Supreme Court of New South Wales and is subject to the supervision of the New South Wales Court of Appeal.

More information

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