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Mineral Resources Development Amendment Regulations 2011S.R. No. 154/2011

TABLE OF PROVISIONSRegulation Page

PART 1—PRELIMINARY 1

1 Objective 12 Authorising provision 23 Commencement 24 Principal Regulations 2

PART 2—ROYALTY AND PRODUCTION RETURNS 3

5 New regulation 10A inserted 310A Timing and manner of measurement for calculation

of a gigajoule unit of lignite produced 3

PART 3—LICENCES 5

6 New regulation 10B inserted 510B Meaning of Competent Person 5

7 New regulation 12A and 12B inserted 612A Prospecting licences 612B Retention licences 6

8 Regulation 14 substituted 714 Tourist fossicking authority 7

9 Advertising of licence application 710 Advertising and notice of licence applications relating to coal

on exempted land 811 Marking out of boundaries for prospecting and retention

licences 812 Exemption from marking out licence 813 Amendment of licence types requiring boundary marks 914 Amendment to survey requirements of area of certain licences 915 Application for the renewal of a licence 916 Renewal of boundary marks 917 Extended requirement for reportable events at mines 1018 Amendment to work plan requirements 1019 Amendment to annual activity and expenditure return

requirements 1020 Amendments to technical reporting requirements 11

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21 Rent on a licence 1122 Variation on licence 1223 Revocation of regulation 30 1324 Tenders 1325 Advertising and notice of accepted tenders 1426 Schedule 2 amended 1427 Fit and proper person 1528 Schedule 3 amended 1629 Mining licence application 1930 New Schedules 3A and 3B inserted 20

SCHEDULE 3A—Information Required in Application for Prospecting Licence 20

SCHEDULE 3B—Information Required in Application for Retention Licence 24

31 Tourist Fossicking Authority period 2832 Amendments to Schedule 7 2833 Amendments to Schedule 8 2934 New Schedule 10A inserted 29

SCHEDULE 10A—Information Required in Application for Renewal of Retention Licence 29

35 Amendments to Schedule 13 3136 New Schedules 13A and 13B inserted 31

SCHEDULE 13A—Information Required in Work Plan for a Prospecting Licence 31

SCHEDULE 13B—Information Required in Work Plan for a Retention Licence 32

37 New Schedules 15A and 15B inserted 33

SCHEDULE 15A—Information Required in Expenditure and Activities Return—Prospecting Licence 33

SCHEDULE 15B—Information Required in Expenditure and Activities Return—Retention Licence 35

38 Amendment to Schedule 17 3939 Amendment to Schedule 18 3940 New Schedules 18A and 18B inserted 40

SCHEDULE 18A—Prospecting Licence No. 40

SCHEDULE 18B—Retention Licence No. 41

41 Amendments to Schedule 19 4242 Revocation of Schedule 20 4343 Amendments to Schedule 22 43

PART 4—TRANSITIONAL PROVISIONS ARISING FROM THE MINERAL RESOURCES DEVELOPMENT AMENDMENT REGULATIONS 2011 44

44 Advertising of a mining licence of 5 hectares or less 4445 Survey requirements of a mining licence of 5 hectares or less 4446 Work plan requirements for a mining licence of 5 hectares

or less 4525AA Work plan requirements for a mining licence of

5 hectares or less 4547 Technical reporting requirements for a mining licence of

5 hectares or less 4548 New Schedule 13AA inserted—work plan requirements

for a mining licence of 5 hectares or less 46

SCHEDULE 13AA—Information Required in Work Plan for a Transitional Licence 46

═══════════════ENDNOTES 48

STATUTORY RULES 2011

S.R. No. 154/2011

Mineral Resources (Sustainable Development) Act 1990

Mineral Resources Development Amendment Regulations 2011

The Governor in Council makes the following Regulations:

Dated: 13 December 2011

Responsible Minister:

MICHAEL O'BRIENMinister for Energy and Resources

MATTHEW McBEATHClerk of the Executive Council

PART 1—PRELIMINARY

1 Objective

The objective of these Regulations is to amend the Mineral Resources Development Regulations 2002 to—

(a) prescribe various procedures, details, fees, forms, information required in documents and other matters authorised by the Mineral Resources (Sustainable Development) Act 1990 in relation to retention and prospecting licences;

(b) define competent person for the purposes of the Mineral Resources (Sustainable Development) Act 1990;

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(c) prescribe, for the purposes of lignite royalty calculations, the timing and manner of measurement for calculation of a gigajoule unit of lignite;

(d) set out requirements relating to marking out and survey for retention and prospecting licences;

(e) prescribe requirements that must be provided in exploration and mining licence applications to ensure the applicant is a fit and proper person;

(f) prescribe an application fee for a 10 year tourist fossicking authority;

(g) remove, where necessary, references to mining licences covering an area of more than 5 hectares;

(h) provide transitional arrangements for certain mining licences covering an area of less than 5 hectares.

2 Authorising provision

These Regulations are made under section 124 of the Mineral Resources (Sustainable Development) Act 1990.

3 Commencement

(1) These Regulations except regulation 5 come into operation on 1 February 2012.

(2) Regulation 5 comes into operation on 1 July 2012.

4 Principal Regulations

In these Regulations, the Mineral Resources Development Regulations 20021 are called the Principal Regulations.

__________________

2

r. 2

PART 2—ROYALTY AND PRODUCTION RETURNS

5 New regulation 10A inserted

After regulation 10 of the Principal Regulations insert—

"10A Timing and manner of measurement for calculation of a gigajoule unit of lignite produced

(1) For the purposes of section 12A(5) of the Act—

(a) the prescribed manner for measuring a gigajoule unit of lignite, in units of tonnes per gigajoule, is by using the following formula—

1/NWSE

where—

NWSE is net wet specific energy measured in accordance with an accepted standard of measurement of net wet specific energy in units of gigajoules per tonne, and calculated on the basis of drillhole data representative of the coal for which the royalty is being paid; and

(b) the prescribed time at which the measurement is made is a time that is suitable for performing the measurement in the prescribed manner.

(2) For the purposes of section 12A(3)(a) of the Act, the number of gigajoule units of lignite produced is calculated using the following formula—

r. 5Part 2—Royalty and Production Returns


3

NWSE × ρV

where—

NWSE is measured in accordance with subregulation (1); and

ρ is the density value of the lignite which is representative of the coal for which the royalty is being paid, in tonnes/m3; and

V is the volume of the lignite in m3 based on volumetric survey measurements taken for the coal for which the royalty is being paid.".

__________________



4

PART 3—LICENCES

6 New regulation 10B inserted

Before regulation 11 of the Principal Regulations insert—

"10B Meaning of Competent Person

(1) For the purposes of section 15(1BG) of the Act, a competent person is—

(a) a person who—

(i) is a Member or Fellow of The Australasian Institute of Mining and Metallurgy, or of the Australian Institute of Geoscientists, or of a Recognised Overseas Professional Organisation; and

(ii) has a minimum of five years experience which is relevant to the style of mineralisation and type of deposit under consideration and to the activity being undertaken; or

(b) in the case of—

(i) coal seam methane deposits; or

(ii) a mineral deposit that is easily and readily assessed visually at the ground surface—

a person who the Minister has determined, on a case by case basis, has the relevant experience in mining or mineral exploration appropriate to the described mineral resource.



5

(2) In this regulation, Recognised Overseas Professional Organisation means an organisation included in the List of Recognised Overseas Professional Organisations Accepted for the Purpose of Reporting in Accordance with Appendix 5A of the Australian Stock Exchange Listing Rules (the JORC Code) published by ASX Limited, 8 September 2007.".

7 New regulation 12A and 12B inserted


"12A Prospecting licences

(1) An application for a prospecting licence under section 15(1) of the Act must—

(a) contain the information set out in Schedule 3A; and

(b) be accompanied by the relevant fee specified in item 2A of Schedule 19.

(2) A prospecting licence must be in the form set out in Schedule 18A.

12B Retention licences

(1) An application for a retention licence under section 15(1) of the Act must—

(a) contain the information set out in Schedule 3B; and

(b) be accompanied by the relevant fee specified in item 2B of Schedule 19.

(2) A retention licence must be in the form set out in Schedule 18B.".



6

8 Regulation 14 substituted

For regulation 14 of the Principal Regulations substitute—

"14 Tourist fossicking authority

(1) An application may be made for a tourist fossicking authority under Part 5 of the Act—

(a) that will be current for a time not exceeding 2 years; or

(b) that will be current for a time greater than 2 years but not exceeding 10 years.

(2) An application for a tourist fossicking authority under section 60 of the Act must—

(a) contain the information set out in Schedule 5; and

(b) be accompanied by the fee specified in item 4 or item 4A of Schedule 19.".

9 Advertising of licence application

(1) In regulation 16(1) of the Principal Regulations, after "an exploration licence" insert "or retention licence".

(2) In regulation 16(2)(a) of the Principal Regulations, omit "if the application area is more than 5 hectares,".

(3) After regulation 16(2) of the Principal Regulations insert—

"(2A) An applicant under section 15(1) of the Act for a prospecting licence must, within 2 weeks after being notified that the application has priority, insert a notice of the application containing the information set out in Schedule 8 in one or more newspapers circulating in the locality of the licence



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application area and serve a copy of the notice on the owner and occupier of the land affected.".

(4) In regulation 16(3) of the Principal Regulations, for "or (2)" substitute ", (2) or (2A)".

10 Advertising and notice of licence applications relating to coal on exempted land

In regulation 16A(1)(b) of the Principal Regulations, after "for an exploration licence" insert "or a retention licence".

11 Marking out of boundaries for prospecting and retention licences

(1) In the heading to regulation 17 of the Principal Regulations, after "mining licence" insert ", prospecting licence or retention licence".

(2) In regulation 17(1) of the Principal Regulations, after "mining licence" insert ", prospecting licence or retention licence".

(3) In regulation 17(2) of the Principal Regulations—

(a) after "mining licence" (where first occurring) insert ", prospecting licence or retention licence"; and

(b) for "mining licence" (where secondly occurring) substitute "mining, prospecting or retention licence".


12 Exemption from marking out licence

In regulation 18(1) of the Principal Regulations, after "mining licence" insert ", prospecting licence or retention licence".



8

13 Amendment of licence types requiring boundary marks

(1) In the heading to regulation 20 of the Principal Regulations, after "mining licence" insert ", prospecting licence or retention licence".


14 Amendment to survey requirements of area of certain licences

(1) In the heading to regulation 21 of the Principal Regulations, after "mining" insert ", prospecting or retention".

(2) In regulation 21(1) of the Principal Regulations, for "covering more than 5 hectares" substitute "or retention licence".

(3) In regulation 21(3) of the Principal Regulations, for "mining licence covering 5 hectares or less" substitute "prospecting licence".

15 Application for the renewal of a licence

(1) In regulation 22 of the Principal Regulations, for "or an exploration licence" substitute ", an exploration licence or a retention licence".

(2) In regulation 22(a) of the Principal Regulations, after "(for the renewal of an exploration licence)" insert "or Schedule 10A (for the renewal of a retention licence)".

(3) In regulation 22(b) of the Principal Regulations, for "item 6 or 7" substitute "item 6, 7 or 7A".

16 Renewal of boundary marks

In regulation 24 of the Principal Regulations, after "a mining licence" insert "or a retention licence".



9

17 Extended requirement for reportable events at mines

In regulation 24A(2)(i) and (j) of the Principal Regulations, for "mining licence" substitute "mining licence or prospecting licence".

18 Amendment to work plan requirements

(1) In regulation 25(2) of the Principal Regulations, for "The holder" substitute "Subject to regulation 25AA, the holder".


"(2A) The holder of a prospecting licence lodging a work plan under section 40 of the Act must ensure it contains the information set out in Schedule 13A.

(2B) The holder of a retention licence lodging a work plan under section 40 of the Act must ensure it contains the information set out in Schedule 13B.".


"(3A) Despite subregulation (2A), a prospecting licence holder may lodge a work plan containing the information set out in Schedule 12 if the work under the licence is exploration only.".

19 Amendment to annual activity and expenditure return requirements

(1) In regulation 26(2) of the Principal Regulations, after "(for a mining licence)" insert "and Schedule 15A (for a prospecting licence) and Schedule 15B (for a retention licence)".



10

(2) In regulation 26(4)(a) of the Principal Regulations, after "mining licences" insert "and prospecting licences".

(3) In regulation 26(4)(c)(iv) of the Principal Regulations, for "31 March." substitute "31 March;".

(4) After regulation 26(4)(c) of the Principal Regulations insert—

"(d) for retention licences—the date that is specified in the licence or licence renewal as the reporting date.".

(5) In regulation 26(5) of the Principal Regulations, after "subregulation 4(b)" insert "and 4(d)".

20 Amendments to technical reporting requirements

(1) In regulation 27(1) of the Principal Regulations, for "holder of a licence that covers more than 5 hectares" substitute "holder of a mining, exploration or retention licence".

(2) In regulation 27(3)(c) of the Principal Regulations—

(a) in subparagraph (iv), for "31 March." substitute "31 March;"; and

(b) after subparagraph (iv) insert—

"(d) for retention licences—the date that is specified in the licence or licence renewal as the reporting date.".

(3) In regulation 27(4) of the Principal Regulations, after "subregulation (3)(b)" insert "and (3)(d)".

21 Rent on a licence

(1) In the heading to regulation 28 of the Principal Regulations, before "mining" insert "a prospecting or".



11


"(2A) The holder of a prospecting licence must pay the rent specified in item 8A of Schedule 19 in relation to the land covered by the licence as at the assessment date.".

(3) In regulation 28(3) of the Principal Regulations, for "mining licence" substitute "prospecting licence or mining licence".

(4) In regulation 28(4) of the Principal Regulations, for "mining licence" substitute "prospecting licence or mining licence".

22 Variation on licence

(1) In regulation 29(3) of the Principal Regulations, for "mining licence" (wherever occurring) substitute "mining, retention or prospecting licence".

(2) In regulation 29(4) of the Principal Regulations, for "mining licence" substitute "mining, retention or prospecting licence".

(3) In regulation 29(5) of the Principal Regulations—

(a) after "mining" (where first occurring) insert "or retention"; and

(b) after "mining" (where secondly occurring) insert ", retention or prospecting"; and

(c) after "mining" (where thirdly occurring) insert "or retention".


"(5A) The holder of a mining or retention licence which surrounds an area covered by an application for a mining, retention or prospecting licence may, after the expiry of



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28 days from the day on which that application ceases to have effect, request the Minister to include that former application area within the mining or retention licence.".

(5) In regulation 29(9)(a) of the Principal Regulations, for "mining licence" (wherever occurring) substitute "mining, retention or prospecting licence".

(6) In regulation 29(9)(b) of the Principal Regulations—

(a) after "mining" (where first occurring) insert "or retention"; and

(b) for "mining licence" (where secondly occurring) substitute "mining, retention or prospecting licence, or area covered by an application for a mining, retention or prospecting licence"; and

(c) after "mining" (where thirdly occurring) insert "or retention"; and

(d) for "mining licence" (where fourthly occurring) substitute "mining, retention or prospecting licence, or the area covered by the application for a mining, retention or prospecting licence.".

23 Revocation of regulation 30

Regulation 30 of the Principal Regulations is revoked.

24 Tenders

In regulation 31 of the Principal Regulations—

(a) in paragraph (b), for "Schedule 3." substitute "Schedule 3; and"; and



13

(b) after paragraph (b) insert—

"(c) in the case of a tender for a retention licence, all the items specified in Schedule 3B.".

25 Advertising and notice of accepted tenders

In regulation 31A(1)(b) of the Principal Regulations, after "exploration" insert "or retention".

26 Schedule 2 amended

For item 6 in Schedule 2 to the Principal Regulations substitute—

"6. If the application includes Crown land, indicate which of the following options will be utilised to comply with the Native Title Act 1993 of the Commonwealth or the Traditional Owner Settlement Act 2010 (where applicable and if required)—

(a) excision of all Crown land as advised by the Department;

(b) compliance with the right to negotiate provisions of the Native Title Act 1993 of the Commonwealth;

(c) the entering into of an indigenous land use agreement under the Native Title Act 1993 of the Commonwealth;

(d) compliance with a relevant land use activity agreement under the Traditional Owner Settlement Act 2010.".



14

27 Fit and proper person

(1) After item 10 of Schedule 2 to the Principal Regulations insert—

"10A. For the purpose of showing that the applicant is a fit and proper person—

(a) if the Minister has taken action under section 83 of the Act to rehabilitate land because the applicant or an associate of the applicant has not complied with Part 7 of the Act, provide details regarding—

(i) the circumstances which led to the taking of that Ministerial action; and

(ii) when those circumstances arose;

(b) if a licence held by the applicant or an associate of the applicant has been cancelled, provide details regarding—

(i) the circumstances which led to that cancellation; and


(c) if the applicant or an associate of the applicant has been convicted of an offence against the Act provide details regarding—

(i) the nature of the offence; and

(ii) when the offence was committed; and

(iii) the penalty imposed;

(d) if the applicant or an associate of the applicant has been convicted of an offence involving fraud or dishonesty provide details regarding—



15




(e) provide an indication of whether the applicant or an associate of the applicant is an insolvent under administration.".

(2) For the note at the foot of Schedule 2 to the Principal Regulations substitute—"Notes

1. See section 16(4) of the Act for the definition of associate.

2. If the work program is to be considered as the work plan the work program must contain the details specified in Schedule 12 (being requirements for work plans). This does not apply to low impact exploration that does not require a work plan.

3. Applications made by a company must be signed by a company director or company secretary or alternatively by a person who provides written evidence that he or she is authorised to act on behalf of the company with respect to the application.

4. If an application is made and submitted by a person acting on behalf of another party, the applicant must provide written evidence that he or she is authorised to act on behalf of that other party with respect to the application.

5. The Department will advise the applicant on addressing any native title requirements.".

28 Schedule 3 amended

(1) For item 6 in Schedule 3 to the Principal Regulations substitute—

"6. If the application includes Crown land, indicate which of the following options will be utilised to comply with the Native Title



16

Act 1993 of the Commonwealth or the Traditional Owner Settlement Act 2010 (where applicable and if required)—




(d) compliance with a relevant land use activity agreement under the Traditional Owner Settlement Act 2010.".

(2) After item 13 of Schedule 3 to the Principal Regulations insert—

"13A. For the purpose of showing that the applicant is a fit and proper person—







17

(i) the circumstances which led to that cancellation; and


(c) if the applicant or an associate of the applicant has been convicted of an offence against the Act provide details regarding—




(d) if the applicant or an associate of the applicant has been convicted of an offence involving fraud or dishonesty provide details regarding—




(e) provide an indication of whether the applicant or an associate of the applicant is an insolvent under administration.

13B. If a mineralisation report is required under section 15(1BE) of the Act, the report must include the following details about the competent person who prepared the report—

(a) contact details;

(b) relevant professional organisation membership/s;

(c) relevant experience.".



18

(3) For the note at the foot of Schedule 3 to the Principal Regulations substitute—"Notes


2. If the work program is to be considered as the work plan the work program must contain the details specified in Schedule 12 (being requirements for work plans). This does not apply to low impact exploration that does not require a work plan.



5. The Department will advise the applicant on addressing any native title requirements.".

29 Mining licence application

In item 7 of Schedule 3 to the Principal Regulations—

(a) after "exploration licence" (where first occurring) insert ", a prospecting licence or a retention licence"; and

(b) in paragraph (a) after "exploration licence" insert ", prospecting licence or retention licence"; and

(c) in paragraph (b)—

(i) after "exploration licence" insert ", prospecting licence or retention licence"; and



19

(ii) for "application;" substitute "application."; and

(d) paragraph (c) is revoked.

30 New Schedules 3A and 3B inserted

After Schedule 3 to the Principal Regulations insert—

"SCHEDULE 3ARegulation 12A

INFORMATION REQUIRED IN APPLICATION FOR PROSPECTING LICENCE

1. Name and address of applicant/s (if the applicant is a company, the registered address of the company).

2. A contact name and postal address for correspondence.

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 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(1) of the Mineral Resources (Sustainable Development) Act 1990.

5. The names and addresses of the owner/occupier of any private land covered by the licence.

6. If the application includes Crown land, indicate which of the following options will be utilised to comply with the Native Title Act 1993 of the Commonwealth or the Traditional Owner Settlement Act 2010 (where applicable and if required)—



20




(d) compliance with a relevant land use activity agreement under the Traditional Owner Settlement Act 2010.

7. If the application includes land that is covered by an exploration licence or that is the subject of an application for an exploration licence, indicate which of the following options will be met—

(a) the applicant is the holder of, or the applicant for, the exploration licence; or

(b) a letter of consent to the application from the holder of, or the applicant for, the exploration licence is attached to the application; or

(c) the exploration licence was registered more than 2 years ago and the written consent of the holder of this exploration licence to the granting of the prospecting licence is unable to be obtained by the applicant so that a request for waiver of the need for consent is attached to the application.

8. If the application includes land that is covered by a retention licence or that is the subject of an application for a retention licence, indicate which of the following options will be met—

(a) the applicant is the holder of, or the applicant for, the retention licence; or

(b) a letter of consent to the application from the holder of, or the applicant for, the retention licence is attached to the application.

9. Term required (in years).

10. Mineral(s) proposed to be mined and/or explored.



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11. The estimated annual expenditure for the first 2 years of the licence and the estimated total expenditure for the term of the licence.

12. Evidence of financial capability to fund the estimated expenditure to undertake the proposed program of work (refer item 16).

13. The names and qualifications of technical advisers who will be assisting in the exploration or mining program (if the advisers are not employees of the applicant, include evidence that the advisers have agreed to assist in the exploration or mining program).

14. Details of the applicant's experience in exploration or mining activities.

15. For the purpose of showing that the applicant is a fit and proper person:





(i) the circumstances which led to that cancellation;


(c) If the applicant or an associate of the applicant has been convicted of an offence against the Act, provide details regarding—

(i) the nature of the offence;

(ii) when the offence was committed;


(d) if the applicant or an associate of the applicant has been convicted of an offence involving fraud or dishonesty, provide details regarding—



22





16. Details of the program of work including—

(a) a sketch map of the location of the proposed works in relation to the boundaries of the land included in the application; and

(b) a brief description of the proposed type of works including, if required, the type of ore treatment.

17. Signature of the applicant/s (see notes 2 and 3 below).

18. Date of application.

Notes




4. The Department will advise the applicant on addressing any native title requirements.

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SCHEDULE 3BRegulations 12B and 31

INFORMATION REQUIRED IN APPLICATION FOR RETENTION LICENCE

1. Name and address of applicant/s (if the applicant is a company, the registered address of the company).


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 hectares and information to demonstrate that the area of land applied for is that land which may be required for the purpose of mining a mineral resource in the future.

5. An attached map of 1:25 000 scale indicating the land applied for. The map must clearly show any boundaries of private and Crown land.

6. If the application includes Crown land, indicate which of the following options will be utilised to comply with the Native Title Act 1993 of the Commonwealth or the Traditional Owner Settlement Act 2010 (where applicable and if required)—




(d) compliance with a relevant land use activity agreement under the Traditional Owner Settlement Act 2010.



24

7. If the application includes land that is covered by an exploration licence or that is the subject of an application for an exploration licence, indicate which of the following options will be met—

(a) the applicant is the holder of, or the applicant for, the exploration licence; or

(b) a letter of consent to the application from the holder of, or the applicant for, the exploration licence is attached to the application.

8. If the application includes land that is covered by a prospecting licence or that is the subject of an application for a prospecting licence, indicate which of the following options will be met—

(a) the applicant is the holder of, or the applicant for, the prospecting licence; or

(b) a letter of consent to the application from the holder of, or the applicant for, the prospecting licence is attached to the application.

9. The estimated annual expenditure for the first 2 years of the licence and the estimated total expenditure for the term of the licence.

10. Information to demonstrate that the proposed expenditure is commensurate with the proposed program of work (refer item 16).

11. Evidence of financial capability to fund the estimated expenditure to undertake the proposed program of work (refer item 16).

12. The names and qualifications of technical advisers who will be assisting in the proposed retention licence activities (if the advisers are not employees of the applicant, include evidence that the advisers have agreed to assist in the proposed retention licence activities).

13. In relation to a mineralisation report required under section 15(1BE) of the Act, include the following details about the competent person who prepared the report—

(a) contact details;



25

(b) relevant professional organisation membership/s;

(c) relevant experience.

14. Details of the applicant's experience, or availability of such experience to the applicant, in—

(a) exploration or mining activities; and

(b) project evaluation and development activities.

15. For the purpose of showing that the applicant is a fit and proper person—




(b) If a licence held by the applicant or an associate of the applicant has been cancelled, provide details regarding—

(i) the circumstances which led to that cancellation;


(c) If the applicant or an associate of the applicant has been convicted of an offence against the Act, provide details regarding—




(d) if the applicant or an associate of the applicant has been convicted of an offence involving fraud or dishonesty, provide details regarding—






26


16. Details of the work program proposed, including—

(a) intensive mineral exploration;

(b) mineral resource assessment;

(c) technical and economic studies related to—

(i) the development of the mineral resource in accordance with the principles of sustainable development;

(ii) demonstrating the economic viability of the mineral resource;

(d) a time schedule for the work program including key milestones and proposed expenditure against each milestone; and

(e) demonstration that the planned scale of mining is commensurate with the efficient development of the mineral resource with consideration to its size.

17. Preferred annual reporting date.



Notes






27

4. The Department will advise the applicant on addressing any native title requirements.

__________________".

31 Tourist Fossicking Authority period

After item 4 of Schedule 5 to the Principal Regulations insert—

"4A. Term required (2 or 10 years).".

32 Amendments to Schedule 7

(1) In the heading to Schedule 7 to the Principal Regulations, for "EXPLORATION LICENCE" substitute "AN EXPLORATION LICENCE OR RETENTION LICENCE".

(2) In Item 3 of Schedule 7 to the Principal Regulations—

(a) for paragraph (c) substitute—

"(c) in the case of a notice application for an exploration licence, the approximate area of land to which the application relates in km2;";

(b) after paragraph (c) insert—

"(ca) in the case of a notice application for a retention licence, the approximate area of land to which the application relates in hectares (ha);".

(3) For Item 3(e) of Schedule 7 of the Principal Regulations substitute—

"(e) the nature of the proposed program to which the application relates.".



28


(1) In Schedule 8 to the Principal Regulations, after "Regulations 16(2)," insert "16(2A),".

(2) In the heading to Schedule 8 to the Principal Regulations, for "MINING LICENCE" substitute "A MINING LICENCE OR PROSPECTING LICENCE".

34 New Schedule 10A inserted


"SCHEDULE 10ARegulation 22

INFORMATION REQUIRED IN APPLICATION FOR RENEWAL OF RETENTION LICENCE1. Name and address of applicant/s (if the applicant is a

company, the registered address of the company).


3. The number of the licence to which the application relates.

4. Details of the reasons for renewal including demonstration that mining of the mineral resource is not yet economically viable but would be economically viable in the future.

5. Area of land applied for in hectares and information to demonstrate that the area of land applied for is that land which may be required for the purpose of mining a mineral resource in the future.

6. Details of the program of work, including—





29




(d) a time schedule for the work program including key milestones and proposed expenditure against each milestone; and

(e) demonstration that the planned scale of mining is commensurate with the efficient development of the mineral resource with consideration to its size.

7. Demonstration that the proposed program of work is suitable to establish the economic viability of the mineral resource.

8. The estimated expenditure for the term of the licence and demonstration that the expenditure is appropriate to the proposed program of work.

9. The term of renewal required (in years).



Notes



__________________".



30


In Schedule 13 to the Principal Regulations—

(a) for "Regulations 32A," substitute "Regulations 25(2), 32A,".

(b) the subheading before item 1 "For mining licences exceeding 5 hectares" is revoked; and

(c) the subheading before item 10 "For mining licences not exceeding 5 hectares" is revoked; and

(d) items 10, 11, 12, 13, 14, 15 and 16 are revoked.


After Schedule 13 of the Principal Regulations insert—


INFORMATION REQUIRED IN WORK PLAN FOR A PROSPECTING LICENCE

1. A general description of any test work undertaken in the licence area.

2. A general location plan at scale of 1:100 000, 1:50 000 or 1:25 000.

3. If not already provided in the general location plan, a regional plan at scale of 1:25 000 showing the extent of Crown lands, private lands, private land allotments for the proposed work plan area and, where possible, parks and reserves within 2 km of the site.

4. A plan of the licence area at an appropriate scale which shows—

(a) the proposed buildings and surface facilities; and

(b) access roads and tracks; and



31

(c) the location of any proposed tailings dams and water dams; and

(d) the general drainage pattern of the area; and

(e) the extent of open-cut and underground mining.

5. A description of proposed mineral recovery methods.

6. A description of rehabilitation proposals including—

(a) proposals for the progressive rehabilitation and stabilisation of extraction areas; and

(b) proposals for the removal of any plant or equipment (if relevant).

7. A description of any significant community facilities that may be affected by the proposed works.

8. A community engagement plan that—

(a) identifies any community likely to be affected by mining activities authorised by the licence; and

(b) includes proposals for—

(i) providing information to the community; and

(ii) receiving and considering feedback from the community—

in relation to mining activities authorised by the licence; and

(c) includes a proposal for responding to complaints and other communications from members of the community in relation to mining activities authorised by the licence.

__________________

SCHEDULE 13BRegulation 25

INFORMATION REQUIRED IN WORK PLAN FOR A RETENTION LICENCE

1. A description of the proposed works, including details of the potential environmental impacts and the measures proposed for their control or mitigation.



32

2. If specific sites have been identified for drilling or other earthworks, a map showing the general location of those works, including any details regarding the cutting of tracks or roads.

3. A description of the proposed rehabilitation of any areas subject to surface disturbance including re-vegetation proposals and where relevant, proposals for the removal of plant and equipment.

4. A description of the proposed arrangements for consultation with land owners and Crown land managers and local councils.

5. Information about the proposed methods of monitoring, auditing and reporting impacts on the environment.

__________________".




INFORMATION REQUIRED IN EXPENDITURE AND ACTIVITIES RETURN—PROSPECTING

LICENCE1. Expenditure on wages and salaries.

2. Expenditure on equipment, plant or machinery.

3. Expenditure on administration and consumables and other costs.

4. Expenditure on rehabilitation (see description in item 6).

5. Expenditure on exploration (see Note 2 below).



33

6. Details of the mining work during the reporting period including—

(a) a detailed current plan of—

(i) any surface mine facilities and works; and

(ii) any underground mine, including a description of any shaft or underground development with depth or distance developed;

(b) a description and quantities of ore and waste mined and treated (see Note 1 below);

(c) a description of any development or extensions to surface mine facilities and works such as treatment plant, tailings dams etc.

7. Details of land disturbance and rehabilitation, including—

(a) the total current area of land disturbed;

(b) the area disturbed during the last reporting period;

(c) the area rehabilitated over the last reporting period;

(d) the percentage of area included in paragraph (c) that is revegetated with local native vegetation;

(e) the area of tailings dams;

(f) an estimate of the current rehabilitation liability for the licence area.

Note

Rehabilitated means landforming complete and planting undertaken. Further land management may be required.

8. Details of the environmental management activities undertaken during the reporting period, including—

(a) the volume and composition of tailings produced;

(b) the volume and composition of other waste streams produced;



34

(c) the results of the environmental monitoring carried out in accordance with the work plan and conditions;

(d) details of any failure to meet site-specific environmental targets;

(e) details of any unauthorised discharges or failure to meet statutory requirements;

(f) details of complaints received and corrective actions undertaken; and

(g) details of any environmental management initiatives implemented.

Notes

1. The production and sale of minerals must be reported for the purposes of royalty assessment and payment in accordance with regulation 10.

2. Expenditure on exploration must be reported under category headings 4 to 9 of Schedule 14 (wherever relevant).

__________________

SCHEDULE 15BRegulation 26

INFORMATION REQUIRED IN EXPENDITURE AND ACTIVITIES RETURN—RETENTION

LICENCE1. Retention licence number (one only per return).

2. Reporting Period.

3. Name and role of person completing the return.

4. Expenditure on office studies including—

(a) literature search;

(b) database compilation;

(c) computer modelling;

(d) reprocessing of data;

(e) general research;



35

(f) report preparation;

(g) other (specify).

5. Expenditure on airborne exploration surveys and the number of line kilometres flown for—

(a) aeromagnetics;

(b) radiometrics;

(c) electromagnetics;

(d) gravity;

(e) digital terrain modelling;

(f) other (specify).

6. Expenditure on remote sensing including—

(a) aerial photography;

(b) LANDSAT satellite imagery;

(c) SPOT satellite imagery;

(d) multi spectral scanner;

(e) other (specify).

7. Expenditure on ground exploration including—

(a) geological mapping—

(i) regional;

(ii) reconnaissance;

(iii) prospect;

(iv) underground;

(v) costean;

(b) ground geophysics—

(i) radiometrics;

(ii) magnetics;

(iii) gravity;

(iv) digital terrain modelling;

(v) electromagnetics;

(vi) self potential;



36

(vii) induced polarization;

(viii) audio-magnetotelluric;

(ix) resistivity;

(x) complex resistivity;

(xi) seismic reflection;

(xii) seismic refraction;

(xiii) well logging;

(xiv) geophysical interpretation;

(xv) petrophysics

(xvi) other (specify);

(c) geochemical surveying (state number of samples)—

(i) drill (cuttings, core etc.);

(ii) stream sediment;

(iii) soil;

(iv) rock chip;

(v) laterite;

(vi) water;

(vii) biogeochemistry;

(viii) isotope;

(ix) whole rock;

(x) mineral analysis;

(xi) drill sample;

(xii) laboratory analysis (specify element and type);

(xiii) other (specify);

(d) petrology.

8. Expenditure on drilling, number of holes and total metres drilled, for—

(a) diamond drilling;

(b) reverse circulation;



37

(c) rotary air blast;

(d) air core;

(e) other (specify).

9. Expenditure on development studies including—

(a) costeaning/ditchwitching;

(b) bulk sampling;

(c) mill process testing;

(d) ore reserve calculation;

(e) shaft restoration or other underground development (describe);

(f) mineral processing;

(g) other (specify).

10. Expenditure and details of the work undertaken during the reporting period in relation to—






(d) key milestones under the work program.

11. Expenditure on rehabilitation—

(a) after drilling;

(b) track maintenance;

(c) monitoring;

(d) other (specify).

12. Total reported expenditure.



38

13. Any comment on administrative matters related to exploration on the licence during the reporting period including progress on land owner compensation agreements, purchase of equipment, timing of surveys, etc.

14. Date.

__________________".

38 Amendment to Schedule 17

In Item 5 of Schedule 17 to the Principal Regulations, after "is" insert "(insert reporting date) annually.".

39 Amendment to Schedule 18

(1) In Item 4 of Schedule 18 to the Principal Regulations—

(a) for "specified date*" substitute "date of registration of the licence,"; and

(b) omit—

"*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 work plan, if exploration other than low impact exploration will be undertaken; or

(c) in any other case, the date of registration of the work authority.".

(2) In Item 6 of Schedule 18 to the Principal Regulations for "preliminary details of the proposed work plan" substitute "a work plan for mining".



39

(3) In Item 8 of Schedule 18 to the Principal Regulations for "work authority" substitute "licence".



"SCHEDULE 18ARegulation 12A


PROSPECTING LICENCE NO.

I, (insert name), the Minister/acting as delegate of the Minister, grant to

of

this prospecting licence. The licence is granted under section 25 of the Act and is effective to/for (insert expiry date or term of years from date of registration).

This licence is subject to the following conditions and to the Schedule of Conditions attached—

1. The authority given under this licence applies only within the land indicated on the attached plan and is subject to the depth restrictions, if any, indicated on that plan under section 26(3A) of the Act.

2. The licensee must keep a copy of—

(a) this licence; and

(b) any approved work plan or approved variation to a work plan; and

(c) any registered work authority—

at a location in or near the licensed area so that an inspector or any other authorised officer can readily inspect them.

3. On receiving a work authority, the licensee must notify an inspector of mines and, if required by that inspector, must arrange an on-site briefing for any people the inspector may nominate.



40

4. The licensee must, from the date of registration of the licence, expend $ per year on work in the licensed area, unless I, or any of my successors as Minister, vary this requirement under the Act or suspend the application of this requirement for a specified period.

5. The licensee must pay rent from the date of registration of the licence.

6. The licensee must work in accordance with any approved work plan including any time frames specified in the approved work plan.

SCHEDULE OF CONDITIONS

__________________

SCHEDULE 18BRegulation 12B


RETENTION LICENCE NO.

I, (insert name), the Minister/acting as delegate to the Minister, grant to

of

this retention licence. The licence is granted under section 25 of the Act, over the area described in the attached document plan.

The licence is effective to/for (insert expiry date or term of years from date of registration).

This licence is subject to the following conditions and to the Schedule of Conditions attached—

1. Only low impact exploration work may be undertaken in the licensed area until the licensee has an approved work plan.

2. Activities in the licensed area must be limited to those specified in the Act and the licence.

3. The licensee must expend in connection with retention licence activities of the land a minimum of (removed where necessary, depending on term of years from date of registration)—



41

$ in the first year of the term of the licence,

$ in the second year of the term of the licence,

$ in the third year of the term of the licence,

$ in the fourth year of the term of the licence,

$ in the fifth year of the term of the licence,

$ in the sixth year of the term of the licence,

$ in the seventh year of the term of the licence,

$ in the eighth year of the term of the licence,

$ in the ninth year of the term of the licence,

$ in the tenth year of the term of the licence—

unless I, or any of my successors as Minister, vary this requirement under the Act or suspend the application of this requirement for a specified period.

4. The reporting date is (insert reporting date) annually.

SCHEDULE OF CONDITIONS

__________________".


In the table in Schedule 19 to the Principal Regulations—

(a) in column 4 of item 2 omit "40 fee units for 5 hectares or less, or for greater than 5 hectares,";

(b) after item 2 insert—

"2A 12A Application fee for a prospecting licence

40 fee units

2B 12B Application fee for a retention licence

135 fee units per 260 hectares";

(c) in column 3 of item 4 after "tourist fossicking authority" insert "(2 year term)";



42

(d) after item 4 insert—

"4A 14 Application fee for a tourist fossicking authority (10 year term)

40·5 fee units";

(e) in column 4 of item 6 omit "15 fee units for 5 hectares or less; or for greater than 5 hectares,";

(f) after item 7 insert—

"7A 22 Application fee for renewal of a retention licence

85 fee units for every 260 hectares";

(g) after item 8 insert—

"8A 28 Rent for a prospecting licence

1·5 fee units per hectare";

(h) Item 10 is revoked.

42 Revocation of Schedule 20

Schedule 20 to the Principal Regulations is revoked.


In the table in Schedule 22 to the Principal Regulations—

(a) in column 3 of item 6020 after "mining licence" insert "or prospecting licence or retention licence".

(b) in column 3 of item 6070 after "exploration licence" insert "or retention licence".

__________________



43

PART 4—TRANSITIONAL PROVISIONS ARISING FROM THE MINERAL RESOURCES DEVELOPMENT

AMENDMENT REGULATIONS 2011

44 Advertising of a mining licence of 5 hectares or less

Before regulation 16(3) of the Principal Regulations insert—

"(2B) Subregulation (2) does not apply to—

(a) the holder of a mining licence that covers an area of 5 hectares or less that was granted before 1 February 2012 and has not expired by that date, or

(b) an applicant for a renewal of a mining licence of 5 hectares or less that was made before 1 February 2012 and has not been refused or granted by that date.".

45 Survey requirements of a mining licence of 5 hectares or less

After regulation 21(3) of the Principal Regulations insert—

"(4) Subregulation (1) does not apply to the holder of a mining licence that covers an area of 5 hectares or less that was granted before 1 February 2012 and has not expired by that date.

(5) Subregulation (3) applies to the holder of a mining licence that covers an area of 5 hectares or less that was granted before 1 February 2012 and has not expired by that date.".



44

46 Work plan requirements for a mining licence of 5 hectares or less


"25AA Work plan requirements for a mining licence of 5 hectares or less

(1) Regulation 25(2) of the Principal Regulations does not apply to the holder of a mining licence that covers an area of 5 hectares or less that was granted before 1 February 2012.

(2) The holder of a mining licence that covers an area of 5 hectares or less that was granted before 1 February 2012, lodging a work plan under section 40 of the Act, must ensure it contains the information set out in Schedule 13AA.".

47 Technical reporting requirements for a mining licence of 5 hectares or less

After regulation 27(7) of the Principal Regulations insert—

"(8) Subregulation (1) does not apply to the holder of a mining licence that covers an area of 5 hectares or less that was granted before 1 February 2012.".



45

48 New Schedule 13AA inserted—work plan requirements for a mining licence of 5 hectares or less


"SCHEDULE 13AARegulation 25AA

INFORMATION REQUIRED IN WORK PLAN FOR A TRANSITIONAL LICENCE

1. A general description of any test work undertaken in the licence area.

2. A general location plan at scale of 1:100 000, 1:50 000 or 1:25 000.

3. If not already provided in the general location plan, a regional plan at scale of 1:25 000 showing the extent of Crown lands, private lands, private land allotments for the proposed work plan area and, where possible, parks and reserves within 2 km of the site.

4. A plan of the licence area at an appropriate scale which shows—

(a) the proposed buildings and surface facilities; and

(b) access roads and tracks; and

(c) the location of any proposed tailings dams and water dams; and

(d) the general drainage pattern of the area; and

(e) the extent of open-cut and underground mining.

5. A description of proposed mineral recovery methods.

6. A description of rehabilitation proposals including—

(a) proposals for the progressive rehabilitation and stabilisation of extraction areas; and

(b) proposals for the removal of any plant or equipment (if relevant).

7. A description of any significant community facilities that may be affected by the proposed works.



46

8. A community engagement plan that—

(a) identifies any community likely to be affected by mining activities authorised by the licence; and

(b) includes proposals for—

(i) providing information to the community; and

(ii) receiving and considering feedback from the community—

in relation to mining activities authorised by the licence; and

(c) includes a proposal for responding to complaints and other communications from members of the community in relation to mining activities authorised by the licence.

__________________".

═══════════════



47

ENDNOTES

Endnotes


48

1 Reg. 4: S.R. No. 99/2002. Reprint No. 1 as at 9 February 2007. Reprinted to S.R. No. 110/2006. Subsequently amended by S.R. Nos 131/2007, 56/2010 and 108/2010.

——Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.

Statutory rule provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document

Regulation 6 List of Recognised Overseas Professional Organisations Accepted for the purpose of reporting in accordance with Appendix 5A of the Australian Stock Exchange Listing Rules (the JORC Code)—8 September 2007, published by ASX Limited

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