Mineral Resources Development Amendment Regulations 2011
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Mineral Resources Development Amendment
Regulations 2011
S.R. No. 154/2011
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY 1
1 Objective 1
2 Authorising provision 2
3 Commencement 2
4 Principal Regulations 2
PART 2—ROYALTY AND PRODUCTION RETURNS 3
5 New regulation 10A inserted 3
10A Timing and manner of measurement for calculation
of a gigajoule unit of lignite produced 3
PART 3—LICENCES 5
6 New regulation 10B inserted 5
10B Meaning of Competent Person 5
7 New regulation 12A and 12B inserted 6
12A Prospecting licences 6
12B Retention licences 6
8 Regulation 14 substituted 7
14 Tourist fossicking authority 7
9 Advertising of licence application 7
10 Advertising and notice of licence applications relating to coal
on exempted land 8
11 Marking out of boundaries for prospecting and retention
licences 8
12 Exemption from marking out licence 8
13 Amendment of licence types requiring boundary marks 9
14 Amendment to survey requirements of area of certain licences 9
15 Application for the renewal of a licence 9
16 Renewal of boundary marks 9
17 Extended requirement for reportable events at mines 10
18 Amendment to work plan requirements 10
19 Amendment to annual activity and expenditure return
requirements 10
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20 Amendments to technical reporting requirements 11
21 Rent on a licence 11
22 Variation on licence 12
23 Revocation of regulation 30 13
24 Tenders 13
25 Advertising and notice of accepted tenders 14
26 Schedule 2 amended 14
27 Fit and proper person 15
28 Schedule 3 amended 16
29 Mining licence application 19
30 New Schedules 3A and 3B inserted 20
SCHEDULE 3A—Information Required in Application for
Prospecting Licence 20
SCHEDULE 3B—Information Required in Application for
Retention Licence 24
31 Tourist Fossicking Authority period 28
32 Amendments to Schedule 7 28
33 Amendments to Schedule 8 29
34 New Schedule 10A inserted 29
SCHEDULE 10A—Information Required in Application for
Renewal of Retention Licence 29
35 Amendments to Schedule 13 31
36 New Schedules 13A and 13B inserted 31
SCHEDULE 13A—Information Required in Work Plan for a
Prospecting Licence 31
SCHEDULE 13B—Information Required in Work Plan for a
Retention Licence 32
37 New Schedules 15A and 15B inserted 33
SCHEDULE 15A—Information Required in Expenditure and
Activities Return—Prospecting Licence 33
SCHEDULE 15B—Information Required in Expenditure and
Activities Return—Retention Licence 35
38 Amendment to Schedule 17 39
39 Amendment to Schedule 18 39
40 New Schedules 18A and 18B inserted 40
SCHEDULE 18A—Prospecting Licence No. 40
SCHEDULE 18B—Retention Licence No. 41
41 Amendments to Schedule 19 42
42 Revocation of Schedule 20 43
43 Amendments to Schedule 22 43
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PART 4—TRANSITIONAL PROVISIONS ARISING FROM
THE MINERAL RESOURCES DEVELOPMENT AMENDMENT
REGULATIONS 2011 44
44 Advertising of a mining licence of 5 hectares or less 44
45 Survey requirements of a mining licence of 5 hectares or less 44
46 Work plan requirements for a mining licence of 5 hectares
or less 45
25AA Work plan requirements for a mining licence of
5 hectares or less 45
47 Technical reporting requirements for a mining licence of
5 hectares or less 45
48 New Schedule 13AA inserted—work plan requirements
for a mining licence of 5 hectares or less 46
SCHEDULE 13AA—Information Required in Work Plan for a
Transitional Licence 46
═══════════════
ENDNOTES 48
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1
STATUTORY RULES 2011
S.R. No. 154/2011
Mineral Resources (Sustainable Development) Act 1990
Mineral Resources Development Amendment
Regulations 2011
The Governor in Council makes the following Regulations:
Dated: 13 December 2011
Responsible Minister:
MICHAEL O'BRIEN
Minister for Energy and Resources
MATTHEW McBEATH
Clerk of the Executive Council
PART 1—PRELIMINARY
1 Objective
The objective of these Regulations is to amend the
Mineral Resources Development Regulations
2002 to—
(a) prescribe various procedures, details, fees,
forms, information required in documents
and other matters authorised by the Mineral
Resources (Sustainable Development) Act
1990 in relation to retention and prospecting
licences;
(b) define competent person for the purposes of
the Mineral Resources (Sustainable
Development) Act 1990;
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(c) prescribe, for the purposes of lignite royalty
calculations, the timing and manner of
measurement for calculation of a gigajoule
unit of lignite;
(d) set out requirements relating to marking out
and survey for retention and prospecting
licences;
(e) prescribe requirements that must be provided
in exploration and mining licence
applications to ensure the applicant is a fit
and proper person;
(f) prescribe an application fee for a 10 year
tourist fossicking authority;
(g) remove, where necessary, references to
mining licences covering an area of more
than 5 hectares;
(h) provide transitional arrangements for certain
mining licences covering an area of less than
5 hectares.
2 Authorising provision
These Regulations are made under section 124 of
the Mineral Resources (Sustainable
Development) Act 1990.
3 Commencement
(1) These Regulations except regulation 5 come into
operation on 1 February 2012.
(2) Regulation 5 comes into operation on 1 July 2012.
4 Principal Regulations
In these Regulations, the Mineral Resources
Development Regulations 20021 are called the
Principal Regulations.
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PART 2—ROYALTY AND PRODUCTION RETURNS
5 New regulation 10A inserted
After regulation 10 of the Principal Regulations
insert—
"10A Timing and manner of measurement for
calculation of a gigajoule unit of lignite
produced
(1) For the purposes of section 12A(5) of the
Act—
(a) the prescribed manner for measuring a
gigajoule unit of lignite, in units of
tonnes per gigajoule, is by using the
following formula—
1/NWSE
where—
NWSE is net wet specific energy
measured in accordance with an
accepted standard of measurement
of net wet specific energy in units
of gigajoules per tonne, and
calculated on the basis of drillhole
data representative of the coal for
which the royalty is being paid;
and
(b) the prescribed time at which the
measurement is made is a time that is
suitable for performing the
measurement in the prescribed manner.
(2) For the purposes of section 12A(3)(a) of the
Act, the number of gigajoule units of lignite
produced is calculated using the following
formula—
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NWSE × ρV
where—
NWSE is measured in accordance with
subregulation (1); and
ρ is the density value of the lignite which
is representative of the coal for which
the royalty is being paid, in tonnes/m 3 ;
and
V is the volume of the lignite in m3 based
on volumetric survey measurements
taken for the coal for which the royalty
is being paid.".
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PART 3—LICENCES
6 New regulation 10B inserted
Before regulation 11 of the Principal Regulations
insert—
"10B Meaning of Competent Person
(1) For the purposes of section 15(1BG) of the
Act, a competent person is—
(a) a person who—
(i) is a Member or Fellow of The
Australasian Institute of Mining
and Metallurgy, or of the
Australian Institute of
Geoscientists, or of a Recognised
Overseas Professional
Organisation; and
(ii) has a minimum of five years
experience which is relevant to the
style of mineralisation and type of
deposit under consideration and to
the activity being undertaken; or
(b) in the case of—
(i) coal seam methane deposits; or
(ii) a mineral deposit that is easily and
readily assessed visually at the
ground surface—
a person who the Minister has
determined, on a case by case basis, has
the relevant experience in mining or
mineral exploration appropriate to the
described mineral resource.
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(2) In this regulation, Recognised Overseas
Professional Organisation means an
organisation included in the List of
Recognised Overseas Professional
Organisations Accepted for the Purpose of
Reporting in Accordance with Appendix 5A
of the Australian Stock Exchange Listing
Rules (the JORC Code) published by ASX
Limited, 8 September 2007.".
7 New regulation 12A and 12B inserted
After regulation 12 of the Principal Regulations
insert—
"12A Prospecting licences
(1) An application for a prospecting licence
under section 15(1) of the Act must—
(a) contain the information set out in
Schedule 3A; and
(b) be accompanied by the relevant fee
specified in item 2A of Schedule 19.
(2) A prospecting licence must be in the form set
out in Schedule 18A.
12B Retention licences
(1) An application for a retention licence under
section 15(1) of the Act must—
(a) contain the information set out in
Schedule 3B; and
(b) be accompanied by the relevant fee
specified in item 2B of Schedule 19.
(2) A retention licence must be in the form set
out in Schedule 18B.".
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8 Regulation 14 substituted
For regulation 14 of the Principal Regulations
substitute—
"14 Tourist fossicking authority
(1) An application may be made for a tourist
fossicking authority under Part 5 of the
Act—
(a) that will be current for a time not
exceeding 2 years; or
(b) that will be current for a time greater
than 2 years but not exceeding 10 years.
(2) An application for a tourist fossicking
authority under section 60 of the Act must—
(a) contain the information set out in
Schedule 5; and
(b) be accompanied by the fee specified in
item 4 or item 4A of Schedule 19.".
9 Advertising of licence application
(1) In regulation 16(1) of the Principal Regulations,
after "an exploration licence" insert "or retention
licence".
(2) In regulation 16(2)(a) of the Principal
Regulations, omit "if the application area is more
than 5 hectares,".
(3) After regulation 16(2) of the Principal Regulations
insert—
"(2A) An applicant under section 15(1) of the Act
for a prospecting licence must, within
2 weeks after being notified that the
application has priority, insert a notice of the
application containing the information set
out in Schedule 8 in one or more newspapers
circulating in the locality of the licence
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application area and serve a copy of the
notice on the owner and occupier of the land
affected.".
(4) In regulation 16(3) of the Principal Regulations,
for "or (2)" substitute ", (2) or (2A)".
10 Advertising and notice of licence applications
relating to coal on exempted land
In regulation 16A(1)(b) of the Principal
Regulations, after "for an exploration licence"
insert "or a retention licence".
11 Marking out of boundaries for prospecting and
retention licences
(1) In the heading to regulation 17 of the Principal
Regulations, after "mining licence" insert
", prospecting licence or retention licence".
(2) In regulation 17(1) of the Principal Regulations,
after "mining licence" insert ", prospecting
licence or retention licence".
(3) In regulation 17(2) of the Principal Regulations—
(a) after "mining licence" (where first occurring)
insert ", prospecting licence or retention
licence"; and
(b) for "mining licence" (where secondly
occurring) substitute "mining, prospecting
or retention licence".
(4) In regulation 17(3) of the Principal Regulations,
after "mining licence" insert ", prospecting
licence or retention licence".
12 Exemption from marking out licence
In regulation 18(1) of the Principal Regulations,
after "mining licence" insert ", prospecting
licence or retention licence".
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13 Amendment of licence types requiring boundary
marks
(1) In the heading to regulation 20 of the Principal
Regulations, after "mining licence" insert
", prospecting licence or retention licence".
(2) In regulation 20(1) of the Principal Regulations,
after "mining licence" insert ", prospecting
licence or retention licence".
14 Amendment to survey requirements of area of
certain licences
(1) In the heading to regulation 21 of the Principal
Regulations, after "mining" insert ", prospecting
or retention".
(2) In regulation 21(1) of the Principal Regulations,
for "covering more than 5 hectares" substitute
"or retention licence".
(3) In regulation 21(3) of the Principal Regulations,
for "mining licence covering 5 hectares or less"
substitute "prospecting licence".
15 Application for the renewal of a licence
(1) In regulation 22 of the Principal Regulations, for
"or an exploration licence" substitute ", an
exploration licence or a retention licence".
(2) In regulation 22(a) of the Principal Regulations,
after "(for the renewal of an exploration licence)"
insert "or Schedule 10A (for the renewal of a
retention licence)".
(3) In regulation 22(b) of the Principal Regulations,
for "item 6 or 7" substitute "item 6, 7 or 7A".
16 Renewal of boundary marks
In regulation 24 of the Principal Regulations, after
"a mining licence" insert "or a retention licence".
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17 Extended requirement for reportable events at
mines
In regulation 24A(2)(i) and (j) of the Principal
Regulations, for "mining licence" substitute
"mining licence or prospecting licence".
18 Amendment to work plan requirements
(1) In regulation 25(2) of the Principal Regulations,
for "The holder" substitute "Subject to regulation
25AA, the holder".
(2) After regulation 25(2) of the Principal Regulations
insert—
"(2A) The holder of a prospecting licence lodging a
work plan under section 40 of the Act must
ensure it contains the information set out in
Schedule 13A.
(2B) The holder of a retention licence lodging a
work plan under section 40 of the Act must
ensure it contains the information set out in
Schedule 13B.".
(3) After regulation 25(3) of the Principal Regulations
insert—
"(3A) Despite subregulation (2A), a prospecting
licence holder may lodge a work plan
containing the information set out in
Schedule 12 if the work under the licence is
exploration only.".
19 Amendment to annual activity and expenditure
return requirements
(1) In regulation 26(2) of the Principal Regulations,
after "(for a mining licence)" insert
"and Schedule 15A (for a prospecting licence) and
Schedule 15B (for a retention licence)".
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(2) In regulation 26(4)(a) of the Principal
Regulations, after "mining licences" insert
"and prospecting licences".
(3) In regulation 26(4)(c)(iv) of the Principal
Regulations, for "31 March." substitute
"31 March;".
(4) After regulation 26(4)(c) of the Principal
Regulations insert—
"(d) for retention licences—the date that is
specified in the licence or licence renewal as
the reporting date.".
(5) In regulation 26(5) of the Principal Regulations,
after "subregulation 4(b)" insert "and 4(d)".
20 Amendments to technical reporting requirements
(1) In regulation 27(1) of the Principal Regulations,
for "holder of a licence that covers more than
5 hectares" substitute "holder of a mining,
exploration or retention licence".
(2) In regulation 27(3)(c) of the Principal
Regulations—
(a) in subparagraph (iv), for "31 March."
substitute "31 March;"; and
(b) after subparagraph (iv) insert—
"(d) for retention licences—the date that is
specified in the licence or licence
renewal as the reporting date.".
(3) In regulation 27(4) of the Principal Regulations,
after "subregulation (3)(b)" insert "and (3)(d)".
21 Rent on a licence
(1) In the heading to regulation 28 of the Principal
Regulations, before "mining" insert
"a prospecting or".
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(2) After regulation 28(2) of the Principal Regulations
insert—
"(2A) The holder of a prospecting licence must pay
the rent specified in item 8A of Schedule 19
in relation to the land covered by the licence
as at the assessment date.".
(3) In regulation 28(3) of the Principal Regulations,
for "mining licence" substitute "prospecting
licence or mining licence".
(4) In regulation 28(4) of the Principal Regulations,
for "mining licence" substitute "prospecting
licence or mining licence".
22 Variation on licence
(1) In regulation 29(3) of the Principal Regulations,
for "mining licence" (wherever occurring)
substitute "mining, retention or prospecting
licence".
(2) In regulation 29(4) of the Principal Regulations,
for "mining licence" substitute "mining, retention
or prospecting licence".
(3) In regulation 29(5) of the Principal Regulations—
(a) after "mining" (where first occurring) insert
"or retention"; and
(b) after "mining" (where secondly occurring)
insert ", retention or prospecting"; and
(c) after "mining" (where thirdly occurring)
insert "or retention".
(4) After regulation 29(5) of the Principal Regulations
insert—
"(5A) The holder of a mining or retention licence
which surrounds an area covered by an
application for a mining, retention or
prospecting licence may, after the expiry of
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28 days from the day on which that
application ceases to have effect, request the
Minister to include that former application
area within the mining or retention licence.".
(5) In regulation 29(9)(a) of the Principal
Regulations, for "mining licence" (wherever
occurring) substitute "mining, retention or
prospecting licence".
(6) In regulation 29(9)(b) of the Principal
Regulations—
(a) after "mining" (where first occurring) insert
"or retention"; and
(b) for "mining licence" (where secondly
occurring) substitute "mining, retention or
prospecting licence, or area covered by an
application for a mining, retention or
prospecting licence"; and
(c) after "mining" (where thirdly occurring)
insert "or retention"; and
(d) for "mining licence" (where fourthly
occurring) substitute "mining, retention or
prospecting licence, or the area covered by
the application for a mining, retention or
prospecting licence.".
23 Revocation of regulation 30
Regulation 30 of the Principal Regulations is
revoked.
24 Tenders
In regulation 31 of the Principal Regulations—
(a) in paragraph (b), for "Schedule 3."
substitute "Schedule 3; and"; and
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(b) after paragraph (b) insert—
"(c) in the case of a tender for a retention
licence, all the items specified in
Schedule 3B.".
25 Advertising and notice of accepted tenders
In regulation 31A(1)(b) of the Principal
Regulations, after "exploration" insert
"or retention".
26 Schedule 2 amended
For item 6 in Schedule 2 to the Principal
Regulations substitute—
"6. If the application includes Crown land,
indicate which of the following options will
be utilised to comply with the Native Title
Act 1993 of the Commonwealth or the
Traditional Owner Settlement Act 2010
(where applicable and if required)—
(a) excision of all Crown land as advised
by the Department;
(b) compliance with the right to negotiate
provisions of the Native Title Act 1993
of the Commonwealth;
(c) the entering into of an indigenous land
use agreement under the Native Title
Act 1993 of the Commonwealth;
(d) compliance with a relevant land use
activity agreement under the
Traditional Owner Settlement Act
2010.".
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27 Fit and proper person
(1) After item 10 of Schedule 2 to the Principal
Regulations insert—
"10A. For the purpose of showing that the applicant
is a fit and proper person—
(a) if the Minister has taken action under
section 83 of the Act to rehabilitate
land because the applicant or an
associate of the applicant has not
complied with Part 7 of the Act,
provide details regarding—
(i) the circumstances which led to the
taking of that Ministerial action;
and
(ii) when those circumstances arose;
(b) if a licence held by the applicant or an
associate of the applicant has been
cancelled, provide details regarding—
(i) the circumstances which led to
that cancellation; and
(ii) when those circumstances arose;
(c) if the applicant or an associate of the
applicant has been convicted of an
offence against the Act provide details
regarding—
(i) the nature of the offence; and
(ii) when the offence was committed;
and
(iii) the penalty imposed;
(d) if the applicant or an associate of the
applicant has been convicted of an
offence involving fraud or dishonesty
provide details regarding—
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(i) the nature of the offence; and
(ii) when the offence was committed;
and
(iii) the penalty imposed;
(e) provide an indication of whether the
applicant or an associate of the
applicant is an insolvent under
administration.".
(2) For the note at the foot of Schedule 2 to the
Principal Regulations substitute—
"Notes
1. See section 16(4) of the Act for the definition of
associate.
2. If the work program is to be considered as the work
plan the work program must contain the details
specified in Schedule 12 (being requirements for work
plans). This does not apply to low impact exploration
that does not require a work plan.
3. Applications made by a company must be signed by a
company director or company secretary or alternatively
by a person who provides written evidence that he or
she is authorised to act on behalf of the company with
respect to the application.
4. If an application is made and submitted by a person
acting on behalf of another party, the applicant must
provide written evidence that he or she is authorised to
act on behalf of that other party with respect to the
application.
5. The Department will advise the applicant on addressing
any native title requirements.".
28 Schedule 3 amended
(1) For item 6 in Schedule 3 to the Principal
Regulations substitute—
"6. If the application includes Crown land,
indicate which of the following options will
be utilised to comply with the Native Title
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Act 1993 of the Commonwealth or the
Traditional Owner Settlement Act 2010
(where applicable and if required)—
(a) excision of all Crown land as advised
by the Department;
(b) compliance with the right to negotiate
provisions of the Native Title Act 1993
of the Commonwealth;
(c) the entering into of an indigenous land
use agreement under the Native Title
Act 1993 of the Commonwealth;
(d) compliance with a relevant land use
activity agreement under the
Traditional Owner Settlement Act
2010.".
(2) After item 13 of Schedule 3 to the Principal
Regulations insert—
"13A. For the purpose of showing that the applicant
is a fit and proper person—
(a) if the Minister has taken action under
section 83 of the Act to rehabilitate
land because the applicant or an
associate of the applicant has not
complied with Part 7 of the Act,
provide details regarding—
(i) the circumstances which led to the
taking of that Ministerial action;
and
(ii) when those circumstances arose;
(b) if a licence held by the applicant or an
associate of the applicant has been
cancelled, provide details regarding—
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(i) the circumstances which led to
that cancellation; and
(ii) when those circumstances arose;
(c) if the applicant or an associate of the
applicant has been convicted of an
offence against the Act provide details
regarding—
(i) the nature of the offence; and
(ii) when the offence was committed;
and
(iii) the penalty imposed;
(d) if the applicant or an associate of the
applicant has been convicted of an
offence involving fraud or dishonesty
provide details regarding—
(i) the nature of the offence; and
(ii) when the offence was committed;
and
(iii) the penalty imposed;
(e) provide an indication of whether the
applicant or an associate of the
applicant is an insolvent under
administration.
13B. If a mineralisation report is required under
section 15(1BE) of the Act, the report must
include the following details about the
competent person who prepared the report—
(a) contact details;
(b) relevant professional organisation
membership/s;
(c) relevant experience.".
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(3) For the note at the foot of Schedule 3 to the
Principal Regulations substitute—
"Notes
1. See section 16(4) of the Act for the definition of
associate.
2. If the work program is to be considered as the work
plan the work program must contain the details
specified in Schedule 12 (being requirements for work
plans). This does not apply to low impact exploration
that does not require a work plan.
3. Applications made by a company must be signed by a
company director or company secretary or alternatively
by a person who provides written evidence that he or
she is authorised to act on behalf of the company with
respect to the application.
4. If an application is made and submitted by a person
acting on behalf of another party, the applicant must
provide written evidence that he or she is authorised to
act on behalf of that other party with respect to the
application.
5. The Department will advise the applicant on addressing
any native title requirements.".
29 Mining licence application
In item 7 of Schedule 3 to the Principal
Regulations—
(a) after "exploration licence" (where first
occurring) insert ", a prospecting licence or
a retention licence"; and
(b) in paragraph (a) after "exploration licence"
insert ", prospecting licence or retention
licence"; and
(c) in paragraph (b)—
(i) after "exploration licence" insert
", prospecting licence or retention
licence"; and
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(ii) for "application;" substitute
"application."; and
(d) paragraph (c) is revoked.
30 New Schedules 3A and 3B inserted
After Schedule 3 to the Principal Regulations
insert—
"SCHEDULE 3A
Regulation 12A
INFORMATION REQUIRED IN APPLICATION
FOR PROSPECTING LICENCE
1. Name and address of applicant/s (if the applicant is a
company, the registered address of the company).
2. A contact name and postal address for
correspondence.
3. If the applicant is a company—
(a) a list of the directors of the company; and
(b) a copy of the certificate of registration of the
company.
4. An attached map of 1:25 000 scale indicating the land
applied for. The map must clearly show—
(a) any boundaries of private and Crown land;
(b) the extent of land used as agricultural land as
defined in section 4(1) of the Mineral
Resources (Sustainable Development) Act
1990.
5. The names and addresses of the owner/occupier of any
private land covered by the licence.
6. If the application includes Crown land, indicate which
of the following options will be utilised to comply
with the Native Title Act 1993 of the Commonwealth
or the Traditional Owner Settlement Act 2010
(where applicable and if required)—
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(a) excision of all Crown land as advised by the
Department;
(b) compliance with the right to negotiate provisions
of the Native Title Act 1993 of the
Commonwealth;
(c) the entering into of an indigenous land use
agreement under the Native Title Act 1993 of the
Commonwealth;
(d) compliance with a relevant land use activity
agreement under the Traditional Owner
Settlement Act 2010.
7. If the application includes land that is covered by an
exploration licence or that is the subject of an
application for an exploration licence, indicate which
of the following options will be met—
(a) the applicant is the holder of, or the applicant for,
the exploration licence; or
(b) a letter of consent to the application from the
holder of, or the applicant for, the exploration
licence is attached to the application; or
(c) the exploration licence was registered more than
2 years ago and the written consent of the holder
of this exploration licence to the granting of the
prospecting licence is unable to be obtained by
the applicant so that a request for waiver of the
need for consent is attached to the application.
8. If the application includes land that is covered by a
retention licence or that is the subject of an application
for a retention licence, indicate which of the following
options will be met—
(a) the applicant is the holder of, or the applicant for,
the retention licence; or
(b) a letter of consent to the application from the
holder of, or the applicant for, the retention
licence is attached to the application.
9. Term required (in years).
10. Mineral(s) proposed to be mined and/or explored.
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11. The estimated annual expenditure for the first 2 years
of the licence and the estimated total expenditure for
the term of the licence.
12. Evidence of financial capability to fund the estimated
expenditure to undertake the proposed program of
work (refer item 16).
13. The names and qualifications of technical advisers
who will be assisting in the exploration or mining
program (if the advisers are not employees of the
applicant, include evidence that the advisers have
agreed to assist in the exploration or mining program).
14. Details of the applicant's experience in exploration or
mining activities.
15. For the purpose of showing that the applicant is a fit
and proper person:
(a) if the Minister has taken action under section 83
of the Act to rehabilitate land because the
applicant or an associate of the applicant has not
complied with Part 7 of the Act, provide details
regarding—
(i) the circumstances which led to the taking of
that Ministerial action; and
(ii) when those circumstances arose;
(b) if a licence held by the applicant or an associate
of the applicant has been cancelled, provide
details regarding—
(i) the circumstances which led to that
cancellation;
(ii) when those circumstances arose;
(c) If the applicant or an associate of the applicant
has been convicted of an offence against the Act,
provide details regarding—
(i) the nature of the offence;
(ii) when the offence was committed;
(iii) the penalty imposed;
(d) if the applicant or an associate of the applicant
has been convicted of an offence involving fraud
or dishonesty, provide details regarding—
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(i) the nature of the offence;
(ii) when the offence was committed;
(iii) the penalty imposed;
(e) provide an indication of whether the applicant or
an associate of the applicant is an insolvent under
administration.
16. Details of the program of work including—
(a) a sketch map of the location of the proposed
works in relation to the boundaries of the land
included in the application; and
(b) a brief description of the proposed type of works
including, if required, the type of ore treatment.
17. Signature of the applicant/s (see notes 2 and 3 below).
18. Date of application.
Notes
1. See section 16(4) of the Act for the definition of
associate.
2. Applications made by a company must be signed by a
company director or company secretary or alternatively
by a person who provides written evidence that he or
she is authorised to act on behalf of the company with
respect to the application.
3. If an application is made and submitted by a person
acting on behalf of another party, the applicant must
provide written evidence that he or she is authorised to
act on behalf of that other party with respect to the
application.
4. The Department will advise the applicant on addressing
any native title requirements.
__________________
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SCHEDULE 3B
Regulations 12B and 31
INFORMATION REQUIRED IN APPLICATION
FOR RETENTION LICENCE
1. Name and address of applicant/s (if the applicant is a
company, the registered address of the company).
2. A contact name and postal address for
correspondence.
3. If the applicant is a company—
(a) a list of the directors of the company; and
(b) a copy of the certificate of registration of the
company.
4. Area of land applied for in hectares and information to
demonstrate that the area of land applied for is that
land which may be required for the purpose of mining
a mineral resource in the future.
5. An attached map of 1:25 000 scale indicating the land
applied for. The map must clearly show any
boundaries of private and Crown land.
6. If the application includes Crown land, indicate which
of the following options will be utilised to comply
with the Native Title Act 1993 of the Commonwealth
or the Traditional Owner Settlement Act 2010
(where applicable and if required)—
(a) excision of all Crown land as advised by the
Department;
(b) compliance with the right to negotiate provisions
of the Native Title Act 1993 of the
Commonwealth;
(c) the entering into of an indigenous land use
agreement under the Native Title Act 1993 of the
Commonwealth;
(d) compliance with a relevant land use activity
agreement under the Traditional Owner
Settlement Act 2010.
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7. If the application includes land that is covered by an
exploration licence or that is the subject of an
application for an exploration licence, indicate which
of the following options will be met—
(a) the applicant is the holder of, or the applicant for,
the exploration licence; or
(b) a letter of consent to the application from the
holder of, or the applicant for, the exploration
licence is attached to the application.
8. If the application includes land that is covered by a
prospecting licence or that is the subject of an
application for a prospecting licence, indicate which
of the following options will be met—
(a) the applicant is the holder of, or the applicant for,
the prospecting licence; or
(b) a letter of consent to the application from the
holder of, or the applicant for, the prospecting
licence is attached to the application.
9. The estimated annual expenditure for the first 2 years
of the licence and the estimated total expenditure for
the term of the licence.
10. Information to demonstrate that the proposed
expenditure is commensurate with the proposed
program of work (refer item 16).
11. Evidence of financial capability to fund the estimated
expenditure to undertake the proposed program of
work (refer item 16).
12. The names and qualifications of technical advisers
who will be assisting in the proposed retention licence
activities (if the advisers are not employees of the
applicant, include evidence that the advisers have
agreed to assist in the proposed retention licence
activities).
13. In relation to a mineralisation report required under
section 15(1BE) of the Act, include the following
details about the competent person who prepared the
report—
(a) contact details;
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(b) relevant professional organisation membership/s;
(c) relevant experience.
14. Details of the applicant's experience, or availability of
such experience to the applicant, in—
(a) exploration or mining activities; and
(b) project evaluation and development activities.
15. For the purpose of showing that the applicant is a fit
and proper person—
(a) if the Minister has taken action under section 83
of the Act to rehabilitate land because the
applicant or an associate of the applicant has not
complied with Part 7 of the Act, provide details
regarding—
(i) the circumstances which led to the taking of
that Ministerial action; and
(ii) when those circumstances arose;
(b) If a licence held by the applicant or an associate
of the applicant has been cancelled, provide
details regarding—
(i) the circumstances which led to that
cancellation;
(ii) when those circumstances arose;
(c) If the applicant or an associate of the applicant
has been convicted of an offence against the Act,
provide details regarding—
(i) the nature of the offence;
(ii) when the offence was committed;
(iii) the penalty imposed;
(d) if the applicant or an associate of the applicant
has been convicted of an offence involving fraud
or dishonesty, provide details regarding—
(i) the nature of the offence;
(ii) when the offence was committed;
(iii) the penalty imposed;
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(e) provide an indication of whether the applicant or
an associate of the applicant is an insolvent under
administration.
16. Details of the work program proposed, including—
(a) intensive mineral exploration;
(b) mineral resource assessment;
(c) technical and economic studies related to—
(i) the development of the mineral resource in
accordance with the principles of
sustainable development;
(ii) demonstrating the economic viability of the
mineral resource;
(d) a time schedule for the work program including
key milestones and proposed expenditure against
each milestone; and
(e) demonstration that the planned scale of mining is
commensurate with the efficient development of
the mineral resource with consideration to its
size.
17. Preferred annual reporting date.
18. Signature of the applicant/s (see notes 2 and 3 below).
19. Date of application.
Notes
1. See section 16(4) of the Act for the definition of
associate.
2. Applications made by a company must be signed by a
company director or company secretary or alternatively
by a person who provides written evidence that he or
she is authorised to act on behalf of the company with
respect to the application.
3. If an application is made and submitted by a person
acting on behalf of another party, the applicant must
provide written evidence that he or she is authorised to
act on behalf of that other party with respect to the
application.
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4. The Department will advise the applicant on addressing
any native title requirements.
__________________".
31 Tourist Fossicking Authority period
After item 4 of Schedule 5 to the Principal
Regulations insert—
"4A. Term required (2 or 10 years).".
32 Amendments to Schedule 7
(1) In the heading to Schedule 7 to the Principal
Regulations, for "EXPLORATION LICENCE"
substitute "AN EXPLORATION LICENCE
OR RETENTION LICENCE".
(2) In Item 3 of Schedule 7 to the Principal
Regulations—
(a) for paragraph (c) substitute—
"(c) in the case of a notice application for an
exploration licence, the approximate
area of land to which the application
relates in km2 ;";
(b) after paragraph (c) insert—
"(ca) in the case of a notice application for a
retention licence, the approximate area
of land to which the application relates
in hectares (ha);".
(3) For Item 3(e) of Schedule 7 of the Principal
Regulations substitute—
"(e) the nature of the proposed program to which
the application relates.".
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33 Amendments to Schedule 8
(1) In Schedule 8 to the Principal Regulations, after
"Regulations 16(2)," insert "16(2A),".
(2) In the heading to Schedule 8 to the Principal
Regulations, for "MINING LICENCE"
substitute "A MINING LICENCE OR
PROSPECTING LICENCE".
34 New Schedule 10A inserted
After Schedule 10 to the Principal Regulations
insert—
"SCHEDULE 10A
Regulation 22
INFORMATION REQUIRED IN APPLICATION
FOR RENEWAL OF RETENTION LICENCE
1. Name and address of applicant/s (if the applicant is a
company, the registered address of the company).
2. A contact name and postal address for
correspondence.
3. The number of the licence to which the application
relates.
4. Details of the reasons for renewal including
demonstration that mining of the mineral resource is
not yet economically viable but would be
economically viable in the future.
5. Area of land applied for in hectares and information to
demonstrate that the area of land applied for is that
land which may be required for the purpose of mining
a mineral resource in the future.
6. Details of the program of work, including—
(a) intensive mineral exploration;
(b) mineral resource assessment;
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(c) technical and economic studies related to—
(i) the development of the mineral resource in
accordance with the principles of
sustainable development;
(ii) demonstrating the economic viability of the
mineral resource;
(d) a time schedule for the work program including
key milestones and proposed expenditure against
each milestone; and
(e) demonstration that the planned scale of mining is
commensurate with the efficient development of
the mineral resource with consideration to its
size.
7. Demonstration that the proposed program of work is
suitable to establish the economic viability of the
mineral resource.
8. The estimated expenditure for the term of the licence
and demonstration that the expenditure is appropriate
to the proposed program of work.
9. The term of renewal required (in years).
10. Signature of the applicant/s (see notes 1 and 2 below).
11. Date of application.
Notes
1. Applications made by a company must be signed by a
company director or company secretary or alternatively
by a person who provides written evidence that he or
she is authorised to act on behalf of the company with
respect to the application.
2. If an application is made and submitted by a person
acting on behalf of another party, the applicant must
provide written evidence that he or she is authorised to
act on behalf of that other party with respect to the
application.
__________________".
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35 Amendments to Schedule 13
In Schedule 13 to the Principal Regulations—
(a) for "Regulations 32A," substitute
"Regulations 25(2), 32A,".
(b) the subheading before item 1 "For mining
licences exceeding 5 hectares" is revoked;
and
(c) the subheading before item 10 "For mining
licences not exceeding 5 hectares" is
revoked; and
(d) items 10, 11, 12, 13, 14, 15 and 16 are
revoked.
36 New Schedules 13A and 13B inserted
After Schedule 13 of the Principal Regulations
insert—
"SCHEDULE 13A
Regulation 25
INFORMATION REQUIRED IN WORK PLAN
FOR A PROSPECTING LICENCE
1. A general description of any test work undertaken in
the licence area.
2. A general location plan at scale of 1:100 000, 1:50 000
or 1:25 000.
3. If not already provided in the general location plan, a
regional plan at scale of 1:25 000 showing the extent
of Crown lands, private lands, private land allotments
for the proposed work plan area and, where possible,
parks and reserves within 2 km of the site.
4. A plan of the licence area at an appropriate scale
which shows—
(a) the proposed buildings and surface facilities; and
(b) access roads and tracks; and
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(c) the location of any proposed tailings dams and
water dams; and
(d) the general drainage pattern of the area; and
(e) the extent of open-cut and underground mining.
5. A description of proposed mineral recovery methods.
6. A description of rehabilitation proposals including—
(a) proposals for the progressive rehabilitation and
stabilisation of extraction areas; and
(b) proposals for the removal of any plant or
equipment (if relevant).
7. A description of any significant community facilities
that may be affected by the proposed works.
8. A community engagement plan that—
(a) identifies any community likely to be affected by
mining activities authorised by the licence; and
(b) includes proposals for—
(i) providing information to the community;
and
(ii) receiving and considering feedback from
the community—
in relation to mining activities authorised by the
licence; and
(c) includes a proposal for responding to complaints
and other communications from members of the
community in relation to mining activities
authorised by the licence.
__________________
SCHEDULE 13B
Regulation 25
INFORMATION REQUIRED IN WORK PLAN
FOR A RETENTION LICENCE
1. A description of the proposed works, including details
of the potential environmental impacts and the
measures proposed for their control or mitigation.
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2. If specific sites have been identified for drilling or
other earthworks, a map showing the general location
of those works, including any details regarding the
cutting of tracks or roads.
3. A description of the proposed rehabilitation of any
areas subject to surface disturbance including re-
vegetation proposals and where relevant, proposals for
the removal of plant and equipment.
4. A description of the proposed arrangements for
consultation with land owners and Crown land
managers and local councils.
5. Information about the proposed methods of
monitoring, auditing and reporting impacts on the
environment.
__________________".
37 New Schedules 15A and 15B inserted
After Schedule 15 to the Principal Regulations
insert—
"SCHEDULE 15A
Regulation 26
INFORMATION REQUIRED IN EXPENDITURE
AND ACTIVITIES RETURN—PROSPECTING
LICENCE
1. Expenditure on wages and salaries.
2. Expenditure on equipment, plant or machinery.
3. Expenditure on administration and consumables and
other costs.
4. Expenditure on rehabilitation (see description in
item 6).
5. Expenditure on exploration (see Note 2 below).
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6. Details of the mining work during the reporting period
including—
(a) a detailed current plan of—
(i) any surface mine facilities and works; and
(ii) any underground mine, including a
description of any shaft or underground
development with depth or distance
developed;
(b) a description and quantities of ore and waste
mined and treated (see Note 1 below);
(c) a description of any development or extensions
to surface mine facilities and works such as
treatment plant, tailings dams etc.
7. Details of land disturbance and rehabilitation,
including—
(a) the total current area of land disturbed;
(b) the area disturbed during the last reporting
period;
(c) the area rehabilitated over the last reporting
period;
(d) the percentage of area included in paragraph (c)
that is revegetated with local native vegetation;
(e) the area of tailings dams;
(f) an estimate of the current rehabilitation liability
for the licence area.
Note
Rehabilitated means landforming complete and
planting undertaken. Further land management may
be required.
8. Details of the environmental management activities
undertaken during the reporting period, including—
(a) the volume and composition of tailings
produced;
(b) the volume and composition of other waste
streams produced;
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(c) the results of the environmental monitoring
carried out in accordance with the work plan and
conditions;
(d) details of any failure to meet site-specific
environmental targets;
(e) details of any unauthorised discharges or failure
to meet statutory requirements;
(f) details of complaints received and corrective
actions undertaken; and
(g) details of any environmental management
initiatives implemented.
Notes
1. The production and sale of minerals must be reported
for the purposes of royalty assessment and payment in
accordance with regulation 10.
2. Expenditure on exploration must be reported under
category headings 4 to 9 of Schedule 14 (wherever
relevant).
__________________
SCHEDULE 15B
Regulation 26
INFORMATION REQUIRED IN EXPENDITURE
AND ACTIVITIES RETURN—RETENTION
LICENCE
1. Retention licence number (one only per return).
2. Reporting Period.
3. Name and role of person completing the return.
4. Expenditure on office studies including—
(a) literature search;
(b) database compilation;
(c) computer modelling;
(d) reprocessing of data;
(e) general research;
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(f) report preparation;
(g) other (specify).
5. Expenditure on airborne exploration surveys and the
number of line kilometres flown for—
(a) aeromagnetics;
(b) radiometrics;
(c) electromagnetics;
(d) gravity;
(e) digital terrain modelling;
(f) other (specify).
6. Expenditure on remote sensing including—
(a) aerial photography;
(b) LANDSAT satellite imagery;
(c) SPOT satellite imagery;
(d) multi spectral scanner;
(e) other (specify).
7. Expenditure on ground exploration including—
(a) geological mapping—
(i) regional;
(ii) reconnaissance;
(iii) prospect;
(iv) underground;
(v) costean;
(b) ground geophysics—
(i) radiometrics;
(ii) magnetics;
(iii) gravity;
(iv) digital terrain modelling;
(v) electromagnetics;
(vi) self potential;
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(vii) induced polarization;
(viii) audio-magnetotelluric;
(ix) resistivity;
(x) complex resistivity;
(xi) seismic reflection;
(xii) seismic refraction;
(xiii) well logging;
(xiv) geophysical interpretation;
(xv) petrophysics
(xvi) other (specify);
(c) geochemical surveying (state number of
samples)—
(i) drill (cuttings, core etc.);
(ii) stream sediment;
(iii) soil;
(iv) rock chip;
(v) laterite;
(vi) water;
(vii) biogeochemistry;
(viii) isotope;
(ix) whole rock;
(x) mineral analysis;
(xi) drill sample;
(xii) laboratory analysis (specify element and
type);
(xiii) other (specify);
(d) petrology.
8. Expenditure on drilling, number of holes and total
metres drilled, for—
(a) diamond drilling;
(b) reverse circulation;
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(c) rotary air blast;
(d) air core;
(e) other (specify).
9. Expenditure on development studies including—
(a) costeaning/ditchwitching;
(b) bulk sampling;
(c) mill process testing;
(d) ore reserve calculation;
(e) shaft restoration or other underground
development (describe);
(f) mineral processing;
(g) other (specify).
10. Expenditure and details of the work undertaken during
the reporting period in relation to—
(a) intensive mineral exploration;
(b) mineral resource assessment;
(c) technical and economic studies related to—
(i) the development of the mineral resource
in accordance with the principles of
sustainable development;
(ii) demonstrating the economic viability of
the mineral resource;
(d) key milestones under the work program.
11. Expenditure on rehabilitation—
(a) after drilling;
(b) track maintenance;
(c) monitoring;
(d) other (specify).
12. Total reported expenditure.
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13. Any comment on administrative matters related to
exploration on the licence during the reporting period
including progress on land owner compensation
agreements, purchase of equipment, timing of surveys,
etc.
14. Date.
__________________".
38 Amendment to Schedule 17
In Item 5 of Schedule 17 to the Principal
Regulations, after "is" insert "(insert reporting
date) annually.".
39 Amendment to Schedule 18
(1) In Item 4 of Schedule 18 to the Principal
Regulations—
(a) for "specified date*" substitute "date of
registration of the licence,"; and
(b) omit—
"*specified date means—
(a) the date of the grant of the licence, if
low impact exploration will be
undertaken; or
(b) the date of the approval of the work
plan, if exploration other than low
impact exploration will be undertaken;
or
(c) in any other case, the date of
registration of the work authority.".
(2) In Item 6 of Schedule 18 to the Principal
Regulations for "preliminary details of the
proposed work plan" substitute "a work plan for
mining".
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(3) In Item 8 of Schedule 18 to the Principal
Regulations for "work authority" substitute
"licence".
40 New Schedules 18A and 18B inserted
After Schedule 18 to the Principal Regulations
insert—
"SCHEDULE 18A
Regulation 12A
Mineral Resources (Sustainable Development) Act 1990
PROSPECTING LICENCE NO.
I, (insert name), the Minister/acting as delegate of the
Minister, grant to
of
this prospecting licence. The licence is granted under
section 25 of the Act and is effective to/for (insert expiry
date or term of years from date of registration).
This licence is subject to the following conditions and to the
Schedule of Conditions attached—
1. The authority given under this licence applies only
within the land indicated on the attached plan and is
subject to the depth restrictions, if any, indicated on
that plan under section 26(3A) of the Act.
2. The licensee must keep a copy of—
(a) this licence; and
(b) any approved work plan or approved variation to
a work plan; and
(c) any registered work authority—
at a location in or near the licensed area so that an
inspector or any other authorised officer can readily
inspect them.
3. On receiving a work authority, the licensee must notify
an inspector of mines and, if required by that
inspector, must arrange an on-site briefing for any
people the inspector may nominate.
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4. The licensee must, from the date of registration of the
licence, expend $ per year on work in the
licensed area, unless I, or any of my successors as
Minister, vary this requirement under the Act or
suspend the application of this requirement for a
specified period.
5. The licensee must pay rent from the date of
registration of the licence.
6. The licensee must work in accordance with any
approved work plan including any time frames
specified in the approved work plan.
SCHEDULE OF CONDITIONS
__________________
SCHEDULE 18B
Regulation 12B
Mineral Resources (Sustainable Development) Act 1990
RETENTION LICENCE NO.
I, (insert name), the Minister/acting as delegate to the
Minister, grant to
of
this retention licence. The licence is granted under
section 25 of the Act, over the area described in the attached
document plan.
The licence is effective to/for (insert expiry date or term of
years from date of registration).
This licence is subject to the following conditions and to the
Schedule of Conditions attached—
1. Only low impact exploration work may be undertaken
in the licensed area until the licensee has an approved
work plan.
2. Activities in the licensed area must be limited to those
specified in the Act and the licence.
3. The licensee must expend in connection with retention
licence activities of the land a minimum of (removed
where necessary, depending on term of years from
date of registration)—
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$ in the first year of the term of the licence,
$ in the second year of the term of the licence,
$ in the third year of the term of the licence,
$ in the fourth year of the term of the licence,
$ in the fifth year of the term of the licence,
$ in the sixth year of the term of the licence,
$ in the seventh year of the term of the licence,
$ in the eighth year of the term of the licence,
$ in the ninth year of the term of the licence,
$ in the tenth year of the term of the licence—
unless I, or any of my successors as Minister, vary this
requirement under the Act or suspend the application
of this requirement for a specified period.
4. The reporting date is (insert reporting date) annually.
SCHEDULE OF CONDITIONS
__________________".
41 Amendments to Schedule 19
In the table in Schedule 19 to the Principal
Regulations—
(a) in column 4 of item 2 omit "40 fee units for
5 hectares or less, or for greater than
5 hectares,";
(b) after item 2 insert—
"2A 12A Application fee for
a prospecting
licence
40 fee units
2B 12B Application fee for
a retention licence
135 fee units per
260 hectares";
(c) in column 3 of item 4 after "tourist
fossicking authority" insert "(2 year term)";
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(d) after item 4 insert—
"4A 14 Application fee for
a tourist fossicking
authority (10 year
term)
40·5 fee units";
(e) in column 4 of item 6 omit "15 fee units for
5 hectares or less; or for greater than
5 hectares,";
(f) after item 7 insert—
"7A 22 Application fee for
renewal of a
retention licence
85 fee units
for every
260 hectares";
(g) after item 8 insert—
"8A 28 Rent for a
prospecting licence
1·5 fee units per
hectare";
(h) Item 10 is revoked.
42 Revocation of Schedule 20
Schedule 20 to the Principal Regulations is
revoked.
43 Amendments to Schedule 22
In the table in Schedule 22 to the Principal
Regulations—
(a) in column 3 of item 6020 after "mining
licence" insert "or prospecting licence or
retention licence".
(b) in column 3 of item 6070 after "exploration
licence" insert "or retention licence".
__________________
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PART 4—TRANSITIONAL PROVISIONS ARISING FROM
THE MINERAL RESOURCES DEVELOPMENT
AMENDMENT REGULATIONS 2011
44 Advertising of a mining licence of 5 hectares or less
Before regulation 16(3) of the Principal
Regulations insert—
"(2B) Subregulation (2) does not apply to—
(a) the holder of a mining licence that
covers an area of 5 hectares or less that
was granted before 1 February 2012
and has not expired by that date, or
(b) an applicant for a renewal of a mining
licence of 5 hectares or less that was
made before 1 February 2012 and has
not been refused or granted by that
date.".
45 Survey requirements of a mining licence of
5 hectares or less
After regulation 21(3) of the Principal Regulations
insert—
"(4) Subregulation (1) does not apply to the
holder of a mining licence that covers an
area of 5 hectares or less that was granted
before 1 February 2012 and has not expired
by that date.
(5) Subregulation (3) applies to the holder of a
mining licence that covers an area of
5 hectares or less that was granted before
1 February 2012 and has not expired by that
date.".
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46 Work plan requirements for a mining licence of
5 hectares or less
After regulation 25 of the Principal Regulations
insert—
"25AA Work plan requirements for a mining
licence of 5 hectares or less
(1) Regulation 25(2) of the Principal
Regulations does not apply to the holder of a
mining licence that covers an area of
5 hectares or less that was granted before
1 February 2012.
(2) The holder of a mining licence that covers an
area of 5 hectares or less that was granted
before 1 February 2012, lodging a work plan
under section 40 of the Act, must ensure it
contains the information set out in
Schedule 13AA.".
47 Technical reporting requirements for a mining
licence of 5 hectares or less
After regulation 27(7) of the Principal Regulations
insert—
"(8) Subregulation (1) does not apply to the
holder of a mining licence that covers an
area of 5 hectares or less that was granted
before 1 February 2012.".
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48 New Schedule 13AA inserted—work plan
requirements for a mining licence of 5 hectares or
less
After Schedule 13 to the Principal Regulations
insert—
"SCHEDULE 13AA
Regulation 25AA
INFORMATION REQUIRED IN WORK PLAN FOR A
TRANSITIONAL LICENCE
1. A general description of any test work undertaken in
the licence area.
2. A general location plan at scale of 1:100 000, 1:50 000
or 1:25 000.
3. If not already provided in the general location plan, a
regional plan at scale of 1:25 000 showing the extent
of Crown lands, private lands, private land allotments
for the proposed work plan area and, where possible,
parks and reserves within 2 km of the site.
4. A plan of the licence area at an appropriate scale
which shows—
(a) the proposed buildings and surface facilities; and
(b) access roads and tracks; and
(c) the location of any proposed tailings dams and
water dams; and
(d) the general drainage pattern of the area; and
(e) the extent of open-cut and underground mining.
5. A description of proposed mineral recovery methods.
6. A description of rehabilitation proposals including—
(a) proposals for the progressive rehabilitation and
stabilisation of extraction areas; and
(b) proposals for the removal of any plant or
equipment (if relevant).
7. A description of any significant community facilities
that may be affected by the proposed works.
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8. A community engagement plan that—
(a) identifies any community likely to be affected by
mining activities authorised by the licence; and
(b) includes proposals for—
(i) providing information to the community;
and
(ii) receiving and considering feedback from
the community—
in relation to mining activities authorised by the
licence; and
(c) includes a proposal for responding to complaints
and other communications from members of the
community in relation to mining activities
authorised by the licence.
__________________".
═══════════════
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ENDNOTES
1 Reg. 4: S.R. No. 99/2002. Reprint No. 1 as at 9 February 2007.
Reprinted to S.R. No. 110/2006. Subsequently amended by
S.R. Nos 131/2007, 56/2010 and 108/2010.
——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter is included in
accordance with the requirements of regulation 5 of the Subordinate Legislation
Regulations 2004.
Statutory rule
provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Regulation 6 List of Recognised Overseas
Professional Organisations
Accepted for the purpose of
reporting in accordance with
Appendix 5A of the
Australian Stock Exchange
Listing Rules (the JORC
Code)—8 September 2007,
published by ASX Limited
The whole
Endnotes
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