Mineral Resources Development (Consequential Amendments) Regulations 2001

i Mineral Resources Development (Consequential Amendments) Regulations 2001 S.R. No. 71/2001 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objectives 1 2. Authorising provision 1 3. Commencement 2 PART 2—REVOCATION 3 4. Revocations 3 PART 3—AMENDMENT OF MINERAL RESOURCES (HEALTH AND SAFETY) REGULATIONS 1991 4 5. Updated references 4 PART 4—AMENDMENT OF MINERAL RESOURCES (HEALTH AND SAFETY IN LARGE OPEN-CUT MINES) REGULATIONS 1995 5 6. Consequential amendments and revocation of redundant Part 5 PART 5—INFRINGEMENTS 6 7. Consequential amendments 6 PART 6—ROYALTIES 7 8. References to chief administrator 7 PART 7—TITLES 8 9. Updated references 8 10. Application for exploration licence 8 11. Application for mining licence 8 -- 1 of 22 -- Regulation Page ii 12. New regulations 206, 207 and 208 substituted 9 206. Marking out 9 207. Survey of area 9 208. Boundary marks 10 13. Consequential revocations 11 14. New regulation 214 substituted 11 214. Work plan 11 15. Removal of corner posts 12 16. Variation of licence 13 17. New regulation 222 inserted 13 222. Tenders 13 18. Survey standards 13 19. Schedules 1 and 2 substituted 13 SCHEDULE 1—Information required in application for exploration licence 14 SCHEDULE 2—Information required in application for mining licence 15 20. Consequential amendments to other Schedules 16 21. New Schedule 23 substituted 18 SCHEDULE 23—Certificate of information 18 ═══════════════ ENDNOTES 20 -- 2 of 22 -- 1 STATUTORY RULES 2001 S.R. No. 71/2001 Mineral Resources Development Act 1990 Mineral Resources Development (Consequential Amendments) Regulations 2001 The Governor in Council makes the following Regulations: Dated: 24 July 2001 Responsible Minister: CANDY BROAD Minister for Energy and Resources HELEN DOYE Clerk of the Executive Council PART 1—PRELIMINARY 1. Objectives The objectives of these Regulations are to revoke the Mineral Resources (Certification of Mine Managers) Regulations 1991 and to amend other regulations made under the Mineral Resources Development Act 1990 as a consequence of amendments to that Act. 2. Authorising provision These Regulations are made under section 124 of the Mineral Resources Development Act 1990. -- 3 of 22 -- S.R. No. 71/2001 Mineral Resources Development (Consequential Amendments) Regulations 2001 2 3. Commencement These Regulations come into operation on 31 July 2001. _______________ r. 3 -- 4 of 22 -- S.R. No. 71/2001 Mineral Resources Development (Consequential Amendments) Regulations 2001 3 PART 2—REVOCATION 4. Revocations The following regulations are revoked— (a) the Mineral Resources (Certification of Mine Managers) Regulations 19911 ; (b) the Mineral Resources (Certification of Mine Managers) (Fees Amendment) Regulations 19922 ; (c) the Mineral Resources (Certification of Mine Managers) (Fees) Regulations 19953 ; (d) the Mineral Resources (Certification of Mine Managers) (Amendment) Regulations 19974 ; (e) the Mineral Resources (Certification of Mine Managers) (Fees) Regulations 20005 . _______________ r. 4 -- 5 of 22 -- S.R. No. 71/2001 Mineral Resources Development (Consequential Amendments) Regulations 2001 4 PART 3—AMENDMENT OF MINERAL RESOURCES (HEALTH AND SAFETY) REGULATIONS 1991 5. Updated references In the Mineral Resources (Health and Safety) Regulations 1991 6 — (a) in regulation 1.6— (i) insert the following definition— ' "chief mining inspector" means the Director of Mines;'; (ii) omit the definition of "low impact exploration"; (iii) omit the definition of "worksite"; (b) in regulation 2.3— (i) sub-regulation (2) is revoked; (ii) in sub-regulation (3) omit "a licence condition requires the employment of a mine manager and"; (c) in regulation 2.4 omit all words after "person" (where first occurring); (d) in regulation 2.18, for "chief administrator" substitute "Department Head"; (e) regulation 2.68 is revoked. _______________ r. 5 -- 6 of 22 -- S.R. No. 71/2001 Mineral Resources Development (Consequential Amendments) Regulations 2001 5 PART 4—AMENDMENT OF MINERAL RESOURCES (HEALTH AND SAFETY IN LARGE OPEN-CUT MINES) REGULATIONS 1995 6. Consequential amendments and revocation of redundant Part In the Minerals and Resources (Health and Safety in Large Open-cut Mines) Regulations 19957 — (a) in regulation 4, after "Electricity Industry" insert "(Residual Provisions)"; (b) in regulation 6(1) omit "and indicate whether the person holds a mine manager's certificate under section 47A(3) or (4) of the Act"; (c) in regulations 14, 19, 20, 33 and 35, for "chief mining inspector" (wherever occurring) substitute "Director of Mines"; (d) in regulations 18(1) and 18(3), for "chief administrator" substitute "Department Head"; (e) Part 15 is revoked. _______________ r. 6 -- 7 of 22 -- S.R. No. 71/2001 Mineral Resources Development (Consequential Amendments) Regulations 2001 6 PART 5—INFRINGEMENTS 7. Consequential amendments In the Schedule to the Mineral Resources (Infringements) Regulations 1991 8 — (a) in the entry relating to code 5010, for "regulation 210" substitute "regulation 208"; (b) the entry relating to code 5110 is revoked. _______________ r. 7 -- 8 of 22 -- S.R. No. 71/2001 Mineral Resources Development (Consequential Amendments) Regulations 2001 7 PART 6—ROYALTIES 8. References to chief administrator In regulation 7 of the Mineral Resources (Royalties) Regulations 1991 9 , for "chief administrator" (wherever occurring) substitute "Department Head". _______________ r. 8 -- 9 of 22 -- S.R. No. 71/2001 Mineral Resources Development (Consequential Amendments) Regulations 2001 8 PART 7—TITLES 9. Updated references In the Mineral Resources (Titles) Regulations 10 1991— (a) in regulations 301, 302, 303 and 305, for "registrar" (wherever occurring) substitute "Department Head"; (b) in regulation 219 and Schedule 19, for "an authority to commence work" (wherever occurring) substitute "a work authority"; (c) in Schedules 19 and 22, for "authority to commence work" (wherever occurring) substitute "work authority". 10. Application for exploration licence For regulation 201(1) of the Mineral Resources (Titles) Regulations 1991 substitute— "(1) An application for an exploration licence under section 15(1) of the Act must— (a) contain the information set out in Schedule 1; and (b) be accompanied by the fee prescribed in Schedule 20.". 11. Application for mining licence For regulation 202(1) of the Mineral Resources (Titles) Regulations 1991 substitute— "(1) An application for a mining licence under section 15(1) of the Act must— r. 9 -- 10 of 22 -- S.R. No. 71/2001 Mineral Resources Development (Consequential Amendments) Regulations 2001 9 (a) contain the information set out in Schedule 2; and (b) be accompanied by the fee prescribed in Schedule 20.". 12. New regulations 206, 207 and 208 substituted For regulations 206, 207 and 208 of the Mineral Resources (Titles) Regulations 1991 substitute— '206. Marking out (1) The holder of a mining licence must within 4 weeks— (a) after registration of the licence; or (b) after the grant of an authority under section 38AB of the Act— whichever is the later, mark out in accordance with regulation 208 the land covered by the licence. (2) The holder of a mining licence covering 5 hectares or less must notify the Department Head within 2 weeks after the completion of marking out under sub-regulation (1). 207. Survey of area (1) The holder of a mining licence covering more than 5 hectares must provide a survey plan of the land covered by the licence within 8 weeks after being requested to lodge a survey. (2) The Department Head may extend the period of 8 weeks under sub-regulation (1) on the request of the licence holder. (3) The Department Head may require the holder of a mining licence covering 5 hectares or less to provide a survey plan within the period specified by the r. 12 -- 11 of 22 -- S.R. No. 71/2001 Mineral Resources Development (Consequential Amendments) Regulations 2001 10 Department Head, if the Department Head is satisfied that the failure to provide a plan of survey may result in dispute on boundaries with a nearby licence. (4) For the purposes of sub-regulation (3) the Department Head must not require a survey to a standard equal or greater than the standards specified in regulations 303(1)(a) and 303(1)(b). 208. Boundary marks (1) The holder of a mining licence marking out land that is covered by the licence must — (a) securely place in the ground white posts of wood or metal standing at least 1 metre above the ground surface and placed so as to clearly establish each corner of the land; and (b) securely fix a metal plate at least 300 mm by 300 mm to each corner post on which sufficient details are legibly recorded to identify the licence holder, the number of the licence and date of expiry of the licence; and (c) cut a trench in the form of a "V" cross section in the direction of the adjacent posts— (i) at least 150 mm deep; and (ii) at least 1 metre long and commencing between 0·5 metres and 1 metre from the corner post. (2) The licence holder may substitute or place survey and offset markers if it is not possible to comply with sub-regulation (1). r. 12 -- 12 of 22 -- S.R. No. 71/2001 Mineral Resources Development (Consequential Amendments) Regulations 2001 11 (3) The survey markers and offset markers under sub-regulation (2) must— (a) be located to enable the locations of the corners and the directions of the boundaries of the licence to be identified; and (b) wherever practicable, consist of white posts of wood or metal with a metal plate on which must be legibly recorded the name of the licence holder, the number of the licence and date of expiry of the licence; and (c) be identified on a plan which the licence holder must prepare and lodge with the Department Head. (4) The licence holder must maintain the corner posts and any survey markers or off set markers and make sure that the metal plates remain in a legible condition while the post or marker continues to mark the licence area.'. 13. Consequential revocations Regulations 210 and 213(2) to 213(5) of the Mineral Resources (Titles) Regulations 1991 are revoked. 14. New regulation 214 substituted For regulation 214 of the Mineral Resources (Titles) Regulations 1991 substitute— "214. Work plan (1) The holder of or applicant for an exploration licence lodging a work plan under section 40(1) or 40(2) of the Act must make sure it contains— r. 13 -- 13 of 22 -- S.R. No. 71/2001 Mineral Resources Development (Consequential Amendments) Regulations 2001 12 (a) if the program of work contained the information described in items (a) to (e) of Schedule 13, the information described in items (f) and (g) of Schedule 13; and (b) if the program of work did not contain the information described in items (a) to (e) of Schedule 13, the information described in items (a) to (g) in Schedule 13. (2) The holder of a mining licence lodging a work plan under section 40 of the Act must make sure it contains the information described in Schedule 14. (3) Despite sub-regulation (2), the licence holder may lodge a work plan containing the information described in Schedule 13 if— (a) the work under the licence is exploration only; or (b) a mining licence is granted on a development lease application under the Mines Act 1958 as a consequence of the transitional provisions of the Act. (4) For the purposes of section 41(2) of the Act, the information required to be included in an application for a variation of an approved workplan is the information described in Schedule 13 or 14, as the case requires.". 15. Removal of corner posts In regulation 215 of the Mineral Resources (Titles) Regulations 1991, for paragraph (c) substitute— "(c) when the post or marker ceases to mark the licence area.". r. 15 -- 14 of 22 -- S.R. No. 71/2001 Mineral Resources Development (Consequential Amendments) Regulations 2001 13 16. Variation of licence In regulation 220 of the Mineral Resources (Titles) Regulations 1991— (a) sub-regulation (1) is revoked; (b) in sub-regulation (3), for "section 16" substitute "section 25A". 17. New regulation 222 inserted After regulation 221 of the Mineral Resources (Titles) Regulations 1991 insert— "222. Tenders For the purposes of section 27(2) of the Act the information required to be contained in a tender is— (a) in the case of a tender for an exploration licence, all the items listed in Schedule 1; and (b) in the case of a tender for a mining licence, all the items listed in Schedule 2.". 18. Survey standards In regulation 303 of the Mineral Resources (Titles) Regulations 1991— (a) in paragraph (1)(b) omit "application"; (b) in paragraph (1)(c), for "application" substitute "licence"; (c) in sub-section (3), for "licence applications" substitute "licences". 19. Schedules 1 and 2 substituted For Schedules 1 and 2 to the Mineral Resources (Titles) Regulations 1991 substitute— r. 16 -- 15 of 22 -- S.R. No. 71/2001 Mineral Resources Development (Consequential Amendments) Regulations 2001 14 "SCHEDULE 1 INFORMATION REQUIRED IN APPLICATION FOR EXPLORATION LICENCE 1. Name and address of applicant/s (if the applicant is a company, the registered address of the company). 2. The address for correspondence of each applicant (if different from the above). 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 km2. 5. An attached map of 1:100 000 scale indicating the land applied for (the map must show graticular sections as defined in section 4(1) of the Mineral Resources Development Act 1990). 6. The estimated annual expenditure for the first 2 years of the licence. 7. Evidence of financial capability to fund the estimated expenditure to undertake the proposed program of work (refer item 10). 8. Names and qualifications of technical advisers who will be assisting in the exploration program (if the advisers are not employees of the applicant then evidence that the adviser has agreed to assist in the exploration). 9. Details of the applicant's experience in exploration or mining activities. 10. Details of the program of work (see note 1 below). 11. Indication of whether the program of work will be the work plan (see note 1 below). 12. Signature of applicant/s (see notes 2 and 3 below). NOTES 1. If the work program is to be considered as the work plan the work program must contain the details specified in Schedule 13 (being requirements for work plans). This does not apply to low impact exploration that does not require a work plan. 2. Applications made by a company must be signed by a company director or company secretary or alternatively by a person who can provide r. 19 -- 16 of 22 -- S.R. No. 71/2001 Mineral Resources Development (Consequential Amendments) Regulations 2001 15 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 be able to provide written evidence that he or she is acting on behalf of the company. _______________ SCHEDULE 2 INFORMATION REQUIRED IN APPLICATION FOR MINING LICENCE 1. Name and address of applicant/s (if the applicant is a company, the registered address of the company). 2. The address for correspondence of each applicant (if different from the above). 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 or larger 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 of the Mineral Resources Development Act 1990. 5. The names and addresses of the owner/occupier of any private land covered by the licence. 6. Term required (in years). 7. Mineral to be mined. 8. The estimated annual expenditure for the first five years of the licence. 9. Evidence of financial capability to fund the proposed program of work (refer item 12). 10. Names and qualifications of technical advisers who will be assisting in the mining program (if the advisers are not employees of the applicant then evidence that the adviser has agreed to assist in the mining program). 11. Details of the applicant's experience in mining activities. r. 19 -- 17 of 22 -- S.R. No. 71/2001 Mineral Resources Development (Consequential Amendments) Regulations 2001 16 12. Details of the program of work (see note 1 below). 13. (Optional) Indication of whether the program of work is to be considered as the work plan (see note 1 below). 14. Signature of applicant/s (see notes 2 and 3 below). NOTES 1. Under section 40 of the Mineral Resources Development Act 1990, a work plan must include the information prescribed under Schedule 14 (being requirements for work plans) and a rehabilitation plan in accordance with section 79 of the Mineral Resources Development Act 1990. This does not apply to low impact exploration that does not require a work plan. 2. Applications made by a company must be signed by a company director or company secretary or alternatively by a person who can provide 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 be able to provide written evidence that he or she is acting on behalf of the company.". 20. Consequential amendments to other Schedules In the Mineral Resources (Titles) Regulations 1991— (a) in Schedule 10 item 2 is revoked; (b) Schedule 11 is revoked; (c) in Schedule 12— (i) in the Heading, after "Mining Licence" insert "to Owner and Occupier of Land"; (ii) in paragraph 1, after "mining licence" insert "over land owned or occupied by you"; (d) in Schedule 18— (i) for item 1 of the conditions substitute— r. 20 -- 18 of 22 -- S.R. No. 71/2001 Mineral Resources Development (Consequential Amendments) Regulations 2001 17 "1. Only low impact exploration work may be undertaken on the licensed area until the licensee has an approved work plan."; (ii) item 6 of the conditions is revoked; (e) in Schedule 19— (i) in item 1 of the conditions, for "16(5)" substitute "26(3A)"; (ii) item 4 of the conditions is revoked; (iii) for item 5 of the conditions substitute— "5. The licensee must, from the specified date* expend the following sums on work on the licensed area— Year 1 $ Year 2 $ Year 3 $ Year 4 $ Year 5 $ From then during the remainder of the term $ a year."; (iv) in item 7 of the conditions, for "chief administrator" substitute "Department Head"; (v) after item 7 of the conditions insert— "8. If exploration is being undertaken under the licence and unless the lodgement of a work program is deemed to constitute lodgement of a work plan under section 40(2) of the Act, the licensee must submit r. 20 -- 19 of 22 -- S.R. No. 71/2001 Mineral Resources Development (Consequential Amendments) Regulations 2001 18 a work plan for approval within 3 months after registration of the licence or such longer period as the Department Head may approve. *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 workplan if exploration other than low impact exploration will be undertaken; or (c) in any other case the date of registration of the work authority."; (f) in Schedule 22, after the last item insert— "(xvii) Instrument of Refusal of Application 1, 3, 8, 9.". 21. New Schedule 23 substituted For Schedule 23 to the Mineral Resources (Titles) Regulations 1991 substitute— "SCHEDULE 23 Regulation 304 Mineral Resources Development Act 1990 CERTIFICATE OF INFORMATION I, being the Department Head of the Department of Natural Resources and Environment (within the meaning of the Public Sector Management and Employment Act 1998), certify that* Department Head r. 21 -- 20 of 22 -- S.R. No. 71/2001 Mineral Resources Development (Consequential Amendments) Regulations 2001 19 Date *( insert relevant information).". ═══════════════ r. 21 -- 21 of 22 -- S.R. No. 71/2001 Mineral Resources Development (Consequential Amendments) Regulations 2001 20 ENDNOTES 1 Reg. 4(a): S.R. No. 223/1991. Reprint No. 2 as at 10 March 1997. Reprinted to S.R. No. 1/1997. 2 Reg. 4(b): S.R. No. 256/1992. 3 Reg. 4(c): S.R. No. 174/1995. 4 Reg. 4(d): S.R. No. 1/1997. 5 Reg. 4(e): S.R. No. 56/2000. 6 Reg. 5: S.R. No. 227/1991. Reprint No. 2 as at 27April 1998. Reprinted to S.R. No. 173/1995. 7 Reg. 6: S.R. No. 143/1995. 8 Reg. 7: S.R. No. 224/1991. Reprint No. 1 as at 27 June 1996. Reprinted to S.R. No. 7/1994. 9 Reg. 8: S.R. No. 225/1991 amended by S.R. No. 55/2000. 10 Reg. 9: S.R. No. 222/1991. Reprint No. 2 as at 26 February 1998. Reprinted to S.R. No. 175/1995. Further amended by S.R. No. 54/2000. Endnotes -- 22 of 22 --