Changes to the Mining Act 1992 will improve the administration and regulation of exploration and mining by streamlining the requirements for industry and administrative processes for government.  Key changes include:

Establishment of the term “authorisation”

Commencement from 15 November 2010

From 15 November 2010, the new term “authorisation” was introduced to the Mining Act 1992.  Authorisation means an authority (exploration licence, assessment lease, and mining lease), a small scale title, or an environmental assessment permit granted under section 252. An authorisation is the collective term for all titles issued under the Act.

Renewals

Commencement from 15 November 2010

Renewal applications for exploration licences and assessment leases will now be able to be lodged at any time in the last two months of the term of the title. This will allow applicants additional time to complete field work, the processing of data prior to applying for renewal, and the appropriate selection of a reduction area. Applicants are however strongly encouraged to lodge applications for renewal at least a month prior to the due expiry date. Where no renewal is received within the currency of title, the title will automatically expire.

Titleholders may wish to register with MinView (at no cost) to be sent a reminder when their titles are due for renewal.

Changes to sub-lease arrangements

Commencement from 15 November 2010

Under the new provisions, existing sub-lease arrangements must be registered by 15 February 2011. Lease holders who enter into a sub-lease arrangement will have to register the sub-lease for it to be effective. Any arrangement that is not compliant with the new provisions will not be recognised.

The Minister’s approval to apply for the registration of a sublease must be obtained. If the Minister’s approval is given, an application for the registration of a sublease may be lodged.

An exemption to obtaining Minister’s approval will be available under section 163A(7) of the Act if all the following criteria are met:
(a) the sublessee is the leaseholder of an adjoining lease or sublease area, and
(b) the total sublease area (including the area of any adjoining subleases) does not exceed 100 hectares, and
(c) the term of the sublease does not exceed 5 years, including any consecutive sublease periods and options for extension.

It should be noted that if sublease arrangements have been in place for long periods of time, it is the preference of the Department that the sublease arrangements be made permanent via the part transfer of the sublease area. Factors such as these will be considered by the Minister in determining whether a sublease should be approved.

Refer to Section 83A, 163A and 163B of the Mining Act 1992 and the Mining Regulation 2010 for more information.

Changes to private mining agreements

Commencement from 15 November 2010

Since 15 November 2010 the notification of a Private Mining Agreement (PMA) notifications can no longer be accepted. Provisions of the Mining Act 1992 in relation to the prospecting and mining of private minerals by the owner of the mineral have been repealed. The saving and transitional provisions of the amended Mining Act 1992 amendments provide that the owner/operator of a PMA has a period of 12 months to apply for an authority before the PMA ceases.

The amended Act provides that a Mineral Owner has the right to apply for a Mineral Owner Authority (Exploration (Mineral Owner) Licence, Assessment (Mineral Owner) Lease and Mining (Mineral Owner) Lease), or a standard authority to explore or mine for privately owned minerals. If by 15 September 2011, an application is made to continue operations previously carried out on a PMA, some of the usual requirements associated with applying for an authority, including the requirement to advertise and payment of application fees and grant fees (in the case of Mining (Mineral Owner) Leases, will be waived.

These changes have been made to allow for consistent environmental controls across all mining activities within the State.

Refer to Schedule 6 Clause 98(6) of the Mining Act 1992 and the Mining Regulation 2010 for more information.

For more information on how to apply for a Mineral Owner Authority, click here.

Changes to mineral claims

Commencement from 15 November 2010

On15 November 2010, Mineral Claims outside Mineral Claim Districts (Lightning Ridge and White Cliffs) were deemed to be mining leases. These new mining leases will have the prefix M(C)L, however, the same identifying number will remain.

Mineral Claim Applications as at 15 November 2010 were nullified and re-entered as a Mining Lease Application within the Titles Administration System (TAS) and will be processed as mining leases.

This change will occurred automatically on 15 November 2010. The conditions attached to any current mineral claim will remain in force until the next renewal is processed, at which time conditions will be brought in line with current Mining Lease conditions.

An approved Mining Operations Plan (MOP) is required prior to any activity being undertaken on the title.

See Clause 138 Schedule 6 of the Mining Act 1992 for more information.

Changes to mining lease application requirements

Commencement from 15 November 2010

Mining Lease Applications can no longer be able to be converted to an Exploration Licence Application or Assessment Lease Application. It will therefore be important to consider the requirements and function of each type of authority before an application is lodged. If the appropriate title is not applied for, delays or refusal could arise.

A new provision of the Act will allow Exploration Licences, Assessment Leases, and Mining Licences to be granted over the same area of land as long as there is consent from the original title holder, and as long as the proposed mining or exploration activities of both parties are considered able to co-exist by the Minister.

Refer to Section 19(4) of the Mining Act 1992.

Mining and Petroleum Legislation Amendment (Land Access) Act 2010

Changes to land access arrangements

Commencement from 9 June 2010

Organisations seeking to explore or mine for minerals are required to have an access arrangement with all landholders (see definition of landholder in dictionary of the Mining Act 1992). In order to give titleholders and landholders greater certainty with regard to land access arrangements, the Act has been amended to require all access arrangements to be in writing and to be signed by all parties specified in the Act. The amendments outline a number of other provisions as outlined in Guidelines to the Amendments to Mining and Petroleum Legislation in Relation to Rights of Access to Land for Exploration.

See Part 8 Division 2 of the Mining Act 1992 and the Mining Regulation 2010 for more information.