New South Wales Consolidated Acts

MINING AMENDMENT ACT 2008 - SCHEDULE 2

SCHEDULE 2 – Amendment of other Acts and instrument

(Section 4)

2.1-2.4

2.4A - Land and Environment Court Act 1979 No 204

Section 21 Class 5-environmental planning and protection summary enforcement

Insert after section 21 (hc):

(hd) proceedings referred to in section 378H (1) (a) of the Mining Act 1992 in relation to offences arising under that Act,

2.5-2.7

2.8 - Petroleum (Onshore) Act 1991 No 84

[2] Sections 29 and 29A

Omit section 29. Insert instead:

29 Rights of holders of exploration licence

(1) An exploration licence authorises only:

(a) the conduct, on the land comprised in the licence and in accordance with the conditions of the licence, of prospecting of a kind determined by the Minister for the purposes of this section by order published in the Gazette, and

(b) any other kinds of prospecting authorised by the Minister on or after granting the licence.

(2) The holder of an exploration licence may apply in writing to the Minister for a variation of the licence to authorise other kinds of prospecting to be carried out.

(3) An application must:

(a) be made in the approved form and manner (if any), and

(b) contain any information that is prescribed by the regulations, and

(c) be accompanied by the fee (if any) prescribed by the regulations.

(4) The Minister may:

(a) vary the licence in accordance with the application and make any variations to the conditions of the licence that the Minister considers appropriate (including a condition referred to in section 75 or 76), or

(b) refuse the application.

(5) The Minister is to give the applicant written notice of the outcome of the application.

(6) Any variation to the conditions of the licence takes effect on the date on which written notice of the variation is served on the applicant or any later date that is specified in the notice.

(7) Section 74 applies to the Minister’s determination of an application under this section in the same way as it applies to a decision about whether or not to grant a petroleum title.

29A Review of determinations under section 29

(1) An applicant for a variation of a licence under section 29 may, within 30 days (or such longer period as may be prescribed) after being served with written notice of the determination of the application, apply to the Minister for a review of the determination.

(2) The making of an application for review of a determination does not operate to stay the determination.

(3) On a review the Minister may confirm or change the determination.

(4) If the Minister changes a determination, the changed determination replaces the earlier determination as from the date of the review.

(5) An application under this section must:

(a) be made in the approved form and manner (if any), and

(b) contain any information prescribed by the regulations, and

(c) be accompanied by the fee (if any) prescribed by the regulations.

(6) The Minister is to give the applicant written notice of the outcome of any application under this section.

(7) A decision on a review may not be further reviewed under this section.

2.9 - Protection of the Environment Operations Act 1997 No 156

Schedule 1 Schedule of EPA-licensed activities

Omit “or subject to a section 8 notice” from the item relating to mines in Part 1.