2012
2012
2012-09-15
act
government
publicspecial
act.reprint
allinforce
2012-02-16
2012-02-16
0
2012-09-15
act-1987\15
2012
none
act-2012-016
2405ef68-06fa-4ed7-a070-265a53c93b28
77fe76d5-9bd3-4de8-9c85-313c6596e0a8
Repeal:
The Act was repealed by sec 30C of the Interpretation Act 1987 No 15 with
effect from 15.9.2012.
An Act to amend the Mining
Act 1992, the Uranium Mining
and Nuclear Facilities (Prohibitions) Act 1986 and other
Acts and instruments with respect to prospecting for uranium and the ownership
of uranium; and for other purposes.
1Name of
Act
This Act is the Mining
Legislation Amendment (Uranium Exploration) Act
2012.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
Schedule 1Amendment of Mining Act 1992 No
29
[1]Section
10A
Insert after section 10:
10ARestriction on grant of
authorisations with respect to uranium
An authorisation (other than an exploration
licence or an environmental assessment permit relating to an exploration
licence) may not be granted in respect of uranium.
[2]Section
379AA
Insert after section 379:
379AAUranium the property of the
Crown
(1)
All uranium existing in a natural state on or
below the surface of any land in the State is the property of the Crown, and
is taken to have been so always.
(2)
All Crown grants and leases and every licence and
other instrument of title or tenure under any Act relating to lands of the
Crown, whether granted before or after the commencement of this section, are
taken to contain a reservation to the Crown of all uranium existing in a
natural state on or below the surface of the land comprised in the instrument
concerned.
(3)
No compensation is payable by the Crown
for:
(a)
any uranium that was at any time vested in any
person other than the Crown, or
(b)
any rights or interests in any uranium of any
person other than the Crown that are affected by the operation of this
section.
(4)
The provisions of this section have effect
despite anything contained in section 42 of the Real
Property Act 1900.
(5)
In this section:
compensation includes damages or any
other form of monetary compensation.
[3]Schedule 6 Savings,
transitional and other provisions
Insert at the end of clause 1 (1):
Mining
Legislation Amendment (Uranium Exploration) Act
2012
[4]Dictionary
Omit “uranium or” from the definition
of mineral.
[5]Dictionary
Insert in alphabetical order:
uranium includes uranium minerals
and uranium ores.
Schedule 2Amendment of Mining Regulation
2010
[1]Schedule 1
Minerals
Insert in alphabetical order:
uranium
[2]Schedule 2 Groups of
minerals
Omit “thorium” from Group
1.
[3]Schedule 2, Group
11
Insert after Group 10:
Group 11
(Uranium)
thorium
uranium
[4]Schedule 10
Fees
Omit “Groups 1–8 and 10
minerals” wherever occurring.
Insert instead “Groups 1–8, 10 and 11
minerals”.
[5]Schedule 12 Savings and
transitional provisions
Insert after Part 2:
Part 3Provisions consequent on
enactment of Mining Legislation Amendment (Uranium
Exploration) Act 2012
10Definition
In this Part:
amending
Act means the Mining
Legislation Amendment (Uranium Exploration) Act
2012.
11Changes to mineral
groups
Despite the amendment made by Schedule 2 [2] to
the amending Act, thorium is taken to continue to be a Group 1 mineral for the
following purposes:
(a)
the determination of an application for, and the
granting of, an exploration licence or a renewal of an exploration licence, if
the application was made (but not determined) before the commencement of that
amendment,
(b)
the operation of an exploration licence in
respect of Group 1 minerals, and an application for the renewal of, and the
renewal of, any such licence, if the original licence was granted before that
commencement or granted as referred to in paragraph
(a).
Schedule 3Amendment of Uranium Mining and Nuclear Facilities (Prohibitions) Act
1986 No 194
[1]Section 3 Objects of
Act
Omit “prospecting or” from section 3
(a).
[2]Section 4
Definitions
Omit the definition of prospect.
[3]Section 7 Mining for uranium
prohibited
Omit “prospect or” from section 7
(1).
[4]Section 7
(2)
Omit the subsection. Insert instead:
(2)
An authority, mineral claim or opal prospecting
licence under the Mining Act 1992
(whether granted before or after the commencement of this subsection) does not
authorise the holder of the authority, claim or licence to mine for uranium in
contravention of this section.
Schedule 4Amendment of Radiation Control Act 1990 No
13
Section
5
Omit the section. Insert instead:
5Application of Act to
radioactive ore being prospected for or mined or treated
This Act does not apply to a radioactive ore
while it is the subject of an activity carried out at a place of work to which
the Mine Health and Safety Act 2004
applies.
Schedule 5Amendment of Aboriginal Land Rights Act 1983 No
42
[1]Section 45 Mineral rights and
mining on Aboriginal land
Insert after section 45 (1) (a):
(b)
uranium has the same meaning as it
has in the Mining Act
1992.
[2]Section 45
(11)
Omit “the Crown’s ownership of coal
and petroleum”.
Insert instead “the Crown’s ownership
of coal, petroleum and uranium”.
[3]Section 45 (12)
(a)
Omit “coal or petroleum”. Insert
instead “coal, petroleum or uranium”.
Schedule 6Amendment of State Environmental Planning Policy (Mining, Petroleum
Production and Extractive Industries)
2007
Clause 3
Interpretation
Omit “uranium or” from the definition
of mineral in clause 3
(2).
Historical
notes
Table of amending
instruments
Mining
Legislation Amendment (Uranium Exploration) Act 2012 No
16. Assented to 4.4.2012. Date of commencement, 14.9.2012, sec 2 and
2012 (459) LW 14.9.2012.