Quarry fined for rehabilitation breaches 

A Wauchope limestone mine and its director were convicted and fined in Downing Centre Local Court for breaching the Mining Act 1992 last month. 

On 8 November Macquarie Marble and Lime Pty Ltd was convicted and fined $27,000 for each offence of failing to provide a rehabilitation plan and failing to provide a rehabilitation cost estimate, both of which are required under the Act. 

Its director Christopher Wayne Stokes was convicted and fined $10,000 each of 3 offences - failing to provide information and records under notice, failing to secure the entry points on the mining lease, and failing to ensure directions issued to Macquarie Marble and Lime Pty Ltd were complied with. 

In addition to the convictions and fines, Stokes and Macquarie Marble and Lime were ordered to pay $10,000 each for the prosecutor’s legal costs. 

NSW Resources Regulator Executive Director Peter Day said the Resources Regulator had worked continuously with the company since serious compliance matters came to prominence in 2017. 

“These convictions will serve as a significant deterrent for mine and quarry operators that fail to comply with directions issued by the Regulator, particularly for rehabilitation reporting,” he said. 

Changes to exploring in exempted areas

The requirements to obtain the consent of the Minister prior to conducting exploration activities in an exempted area recently changed. 

Exempted areas are defined in the Mining Act 1992 and Petroleum (Onshore) Act 1991 as lands set aside for public purposes (whether vested in the Crown or in any person as trustee for public purposes). They include travelling stock routes, road reserves, state forests, state conservation areas, public reserves/commons and land held under a lease for water supply.  

For exploration on exploration licences and assessment leases under the Mining Act 1992, consent of the Minister is required for activities within the following areas: 

• land within in a state conservation area within an exempted area, 

• other land within an exempted area, unless an access arrangement has been agreed with the relevant landholder(s) – refer to section 140 of the Mining Act 1992. 

For exploration on petroleum titles under the Petroleum (Onshore) Act 1992, consent of the Minister is required for activities on any land within an exempted area. 

The requirement to obtain the consent of the Minister applies regardless of the type of exploration activity. Furthermore, consent from the Minister must be obtained prior to lodging any application with the Resources Regulator seeking an exploration activity approval. 

Applications for Minister’s consent must be lodged using application form AD19 - Application for Minister's Consent. 

Exploration and native title 

Standard conditions of exploration licences and assessment leases require the consent of the Minister prior to exploring on any part of the licence/lease where native title has not been extinguished. 

The requirement to obtain the consent of the Minister applies regardless of the type of exploration activity. This consent is separate to obtaining an activity approval from the Resources Regulator prior to carrying out assessable prospecting operations (refer to sections 23A and 44A of the Mining Act 1992). 

The Minister’s consent will not be granted unless it is demonstrated that native title has been extinguished over the land, or the provisions of Division 3 of Part 2 of the Native Title Act 1993 (Commonwealth) have been complied with (i.e. the right to negotiate process (PDF, 196.86 KB) or an alternate process is undertaken, such as the negotiation of an Indigenous Land Use Agreement, that provides an alternative process which excludes the operation of Subdivision P of the Native Title Act 1993). 

Applications for Minister’s consent must be lodged using application form AD19 - Application for Minister's Consent. Documents / information set out in the Protocol for evidencing proof of extinguishment of native title must also be provided. 

Further guidance on the compliance with the Native Title Act 1993 in relation to the Mining Act 1992 is provided on our website. 

Having difficulty with the Regulator Portal? 

The Resources Regulator Portal can be used by title holders and authorised agents to lodge a range of applications, plans and reports required under both the Mining Act 1992 and the Petroleum (Onshore) Act 1991.  

The home page of the portal includes a range of options and services. For assistance with the portal, please direct your query to the relevant team: 

• Title Holder's Portal (Mining Act) – contact the Mining Act Inspectorate at nswresourcesregulator@service-now.com or 1300 814 609 (option 2 then 5) 

• Mine Rehabilitation Portal – contact the Mining Act Inspectorate at nswresourcesregulator@service-now.com or 1300 814 609 (option 2 then 5) 

• Operators Portal [WHS (MPS) Act] – contact the Central Assessment Unit at cau@regional.nsw.gov.au or 1300 814 609 (option 2 then 4)  

• Mining Worker’s Portal – contact the Mining Competencies & Authorisations Unit at mca@regional.nsw.gov.au or 1300 814 609 (option 2 then 3) 

Enquiries relating to titles

All enquiries relating to titles, such as exploration licences, assessment leases and mining leases, should be directed to the Mining Exploration and Geoscience Assessments and Systems branch on 02 4063 6600 or titles@regional.nsw.gov.au 

This may include an enquiry relating to: 

• applications for the grant, renewal, transfer or change in control of a title, including using the Title Management System (TMS) 

• general information about title conditions, 

• title application fees,  

• land access agreements,  

• work programs,  

• native title, 

• payment of security bonds, rents and levies, 

• lodging Annual Activity Reports for exploration, 

• community consultation requirements for exploration projects.