Mining Act 1992.

This Act provides for mining, including alluvial mining, and regulates in detail various aspects of mining tenements, i.e. (a) an exploration licence; (b) a special mining lease; (c) a mining lease; (d) an alluvial mining lease; (e) a lease for mining purposes; and (f) a mining easement, granted or deemed to have been granted under this Act.A tenement granted under this Act is not an interest in land for the purposes of the Land Act 1996 (sect. 2). The Head of State may grant a special mining lease on specific terms and conditions under section 33. A development forum shall be convened by the Minister before the grant of any special mining lease to consider the views of persons affected by a special mining lease (sect. 3). Subject to provisions of this Act, all land in the State, including all water lying over that land, is available for exploration and mining and the grant of tenements over it. The Minister may reserve land so that it be excluded from mining and an application for a tenement over land reserved for exclusive use under the Land Act 1996 or any other Act may not be granted without the consent of the Minister responsible for that reserved land (secs.6 to 8). There shall be a Director for the purposes of this Act and a Mining Advisory Board is established under section 11. Parts III and IV concern State interests in mining projects and mining development contracts. Parts V and VI make provisions with respect to tenements. Tenements shall be registered in accordance with section 113 and following. Part VII concerns compensation to landholders. Section 43 concerns compliance with environmental requirements by applicants for a mining lease. Holders of a mining tenement may take and divert water in accordance with provisions of this Act. (183 sections divided into 10 Parts).

Implemented by: Mining Regulation 1992. (2006-11-25)