New South Wales Consolidated Acts

MINING ACT 1992 - SECT 11

11 Property in minerals lawfully mined

(1) For the purposes of this or any other Act or law, it is declared that any mineral that is lawfully mined becomes the property of the person by or on behalf of whom it is mined at the time the material from which it is recovered is severed from the land from which it is mined.

(2) For the purposes of this or any other Act or law, it is declared that any mineral contained in--

(a) a stockpile of material that has been lawfully mined for the purpose of enabling the mineral to be recovered, or

(b) a pile of tailings arising from the recovery of a mineral from material that has been so mined,

remains the property of the person by or on behalf of whom the material was mined and does not become part of the land on which it is situated.

(3) However, any mineral that has been mined pursuant to a mining lease or mineral claim but is still contained in such a stockpile or pile of tailings when the lease or claim ceases to have effect--

(a) ceases to be the property of the person by or on behalf of whom the material in the stockpile or pile of tailings was mined, and

(b) becomes part of the land on which the stockpile or pile of tailings is situated,

at the time the mining lease or mineral claim ceases to have effect.

(4) This section is subject to the provisions of any private agreement.