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TASMANIA
__________
MINERAL RESOURCES DEVELOPMENT
AMENDMENT BILL 2017
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - MINERAL RESOURCES DEVELOPMENT ACT 1995
AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 5 amended (Application of Act)
6. Section 8 substituted
8. Director, Registrar and inspectors
7. Section 15 amended (Objection to exploration licence)
8. Section 17A amended (When application for licence may be
granted or refused)
9. Section 28 amended (Annual report)
10. Section 28AA inserted
28AA. Final report
11. Section 28A amended (Returns)
12. Section 34 amended (Revocation of exploration licence)
13. Section 40 amended (Objection to special exploration licence)
14. Section 41A amended (When Minister may grant application)
[Bill 38]-IV
15. Section 43B amended (Annual report)
16. Section 43BA inserted
43BA. Final report
17. Section 43C amended (Returns)
18. Section 46 amended (Revocation of special exploration licence)
19. Section 51 amended (Objection to retention licence)
20. Section 53 amended (Granting application for retention licence)
21. Section 60A amended (Annual report)
22. Section 60AAB inserted
60AAB. Final report
23. Section 60AB amended (Returns)
24. Section 66 amended (Revocation of retention licence)
25. Section 67E amended (Objection to production licence)
26. Section 67I amended (When Minister may grant application)
27. Section 67R amended (Annual report)
28. Section 67RA inserted
67RA. Final report
29. Section 67S amended (Returns)
30. Section 68 amended (Notice to apply for mining lease)
31. Section 76 amended (Objections to mining lease)
32. Section 78A amended (When Minister may grant application)
33. Section 80 amended (Conditions of mining lease)
34. Section 84 amended (Authority of mining lease)
35. Section 87 amended (Returns)
36. Section 87A amended (Annual report)
37. Section 87B inserted
87B. Final report
38. Section 102A amended (Royalty rebate)
39. Section 113 amended (Term of prospecting licence and group
prospecting licence)
40. Section 144 amended (Compensation for compensable loss)
41. Section 145 amended (Compensation agreement for
compensable loss)
2
42. Section 147 amended (Compensation for damage to
improvements)
43. Section 148 amended (Compensation agreement for damage to
improvement)
44. Section 150 amended (Determination of compensation)
45. Section 196A inserted
196A. Variation of security deposit
46. Section 197 amended (Refund of security deposit)
47. Section 198 amended (Forfeiture of security deposit)
48. Section 204A amended (Reporting guidelines)
PART 3 - FOREST MANAGEMENT ACT 2013 AMENDED
49. Principal Act
50. Schedule 3 amended (Certain forest reserves declared to be
reserved land under Nature Conservation Act 2002 )
PART 4 - REPEAL OF ACT
51. Repeal of Act
3
4
MINERAL RESOURCES DEVELOPMENT
AMENDMENT BILL 2017
(Brought in by the Minister for Resources, the Honourable
Guy Barnett)
A BILL FOR
An Act to amend the Mineral Resources Development Act
1995
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Mineral Resources
Development Amendment Act 2017.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 38] 5
Mineral Resources Development Amendment Act 2017
Act No. of
s. 3 Part 2 - Mineral Resources Development Act 1995 Amended
PART 2 - MINERAL RESOURCES DEVELOPMENT
ACT 1995 AMENDED
3. Principal Act
In this Part, the Mineral Resources Development
Act 1995* is referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting the definition of annual
report guidelines;
(b) by omitting "section 199" from
paragraph (c) of the definition of atomic
substance and substituting "section 200";
(c) by inserting the following definitions
after the definition of field development
plan:
forest road has the same meaning as in
the Forest Management Act 2013;
forestry right has the same meaning as
in the Forestry Rights
Registration Act 1990;
(d) by omitting "Division 1" from the
definition of register and substituting
"Division 5";
*No. 116 of 1995
6
Mineral Resources Development Amendment Act 2017
Act No. of
Part 2 - Mineral Resources Development Act 1995 Amended s. 5
(e) by inserting the following definition after
the definition of retention licence:
reporting guidelines means guidelines
issued under section 204A for the
preparation of mineral tenement
reports and returns by licensees
or lessees;
(f) by inserting "or licence" after "program"
in paragraph (b) of the definition of
security deposit.
5. Section 5 amended (Application of Act)
Section 5 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (4):
(4A) A person must not explore,
undertake mining on, or remove
minerals from, any area of land in
contravention of an order under
subsection (4).
(b) by inserting in subsection (6)(a) "or on
future potential production forest land
within the meaning of the Forestry
(Rebuilding the Forest Industry) Act
2014" after "in a State forest";
(c) by omitting from subsection (6)(a) "any
roads in the State forest" and substituting
7
Mineral Resources Development Amendment Act 2017
Act No. of
s. 6 Part 2 - Mineral Resources Development Act 1995 Amended
"a forest road for providing access to a
State forest";
(d) by inserting in subsection (6)(b) "carried
out by the Crown" after "minerals".
6. Section 8 substituted
Section 8 of the Principal Act is repealed and the
following section is substituted:
8. Director, Registrar and inspectors
(1) The Minister may appoint a State Service
officer or State Service employee to be
the Director of Mines.
(2) The Director may appoint -
(a) a person to be the Registrar of
Mines; and
(b) persons to be inspectors.
(3) A person who holds the position of
Director, Registrar or an inspector, may
hold that position in conjunction with
State Service employment.
(4) The Director may authorise a person
employed in the Department to perform
the functions and exercise the powers of
the Registrar.
(5) A person who, immediately before the
commencement of the Mineral
Resources Development Amendment Act
8
Mineral Resources Development Amendment Act 2017
Act No. of
Part 2 - Mineral Resources Development Act 1995 Amended s. 7
2017, held the position of Director,
Registrar or an inspector continues to
hold that position on the same terms and
conditions.
7. Section 15 amended (Objection to exploration
licence)
Section 15(1) of the Principal Act is amended by
inserting ", or who is the holder of a mineral
tenement in respect of such land," after "(b)".
8. Section 17A amended (When application for licence
may be granted or refused)
Section 17A(1) of the Principal Act is amended
by inserting after paragraph (d) the following
paragraph:
(da) has provided a copy of the applicant's
current public liability insurance policy;
and
9. Section 28 amended (Annual report)
Section 28(2) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) "annual
report" and substituting "reporting";
(b) by omitting from paragraph (e) "annual
report" and substituting "reporting".
9
Mineral Resources Development Amendment Act 2017
Act No. of
s. 10 Part 2 - Mineral Resources Development Act 1995 Amended
10. Section 28AA inserted
After section 28 of the Principal Act, the
following section is inserted in Division 2:
28AA. Final report
(1) Within 3 months after the expiration,
surrender or revocation of a licence, the
licensee must submit to the Director a
report (a final report) in relation to the
period of the licence.
(2) The final report is to -
(a) be in accordance with the
reporting guidelines; and
(b) contain any other matter relating
to the licence that is specified in
the reporting guidelines, or by the
Director by notice in writing to
the licensee, as being required to
be contained in the report.
11. Section 28A amended (Returns)
Section 28A of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) ", if
requested by the Director by notice in
writing," after "licensee";
(b) by inserting in subsection (3)(d) ", in the
reporting guidelines" after "form";
10
Mineral Resources Development Amendment Act 2017
Act No. of
Part 2 - Mineral Resources Development Act 1995 Amended s. 12
(c) by omitting from subsection (3)(d)
"lessee" and substituting "licensee".
12. Section 34 amended (Revocation of exploration
licence)
Section 34(7)(a) of the Principal Act is amended
by omitting "publication of a notice under
subsection (5)" and substituting "the licensee is
notified under subsection (3) or a notice is
published under subsection (5), whichever is
earlier".
13. Section 40 amended (Objection to special
exploration licence)
Section 40(1) of the Principal Act is amended by
inserting ", or who is the holder of a mineral
tenement in respect of such land," after "section
39".
14. Section 41A amended (When Minister may grant
application)
Section 41A(1) of the Principal Act is amended
as follows:
(a) by omitting from paragraph (b)
"granted." and substituting "granted;
and";
(b) by inserting the following paragraph after
paragraph (b):
11
Mineral Resources Development Amendment Act 2017
Act No. of
s. 15 Part 2 - Mineral Resources Development Act 1995 Amended
(c) has provided a copy of the
applicant's current public liability
insurance policy.
15. Section 43B amended (Annual report)
Section 43B(3) of the Principal Act is amended
as follows:
(a) by omitting from paragraph (a) "annual
report" and substituting "reporting";
(b) by omitting from paragraph (e) "annual
report" and substituting "reporting".
16. Section 43BA inserted
After section 43B of the Principal Act, the
following section is inserted in Division 2:
43BA. Final report
(1) Within 3 months after the expiration,
surrender or revocation of a licence, the
licensee must submit to the Director a
report (a final report) in relation to the
period of the licence.
(2) The final report is to -
(a) be in accordance with the
reporting guidelines; and
(b) contain any other matter relating
to the licence that is specified in
the reporting guidelines, or by the
12
Mineral Resources Development Amendment Act 2017
Act No. of
Part 2 - Mineral Resources Development Act 1995 Amended s. 17
Director by notice in writing to
the licensee, as being required to
be contained in the report.
17. Section 43C amended (Returns)
Section 43C of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) ", if
requested by the Director by notice in
writing," after "licensee";
(b) by inserting in subsection (3)(d) ", in the
reporting guidelines" after "form".
18. Section 46 amended (Revocation of special
exploration licence)
Section 46(7)(a) of the Principal Act is amended
by omitting "publication of a notice under
subsection (5)" and substituting "the licensee is
notified under subsection (3) or a notice is
published under subsection (5), whichever is
earlier".
19. Section 51 amended (Objection to retention licence)
Section 51(1) of the Principal Act is amended by
inserting ", or who is the holder of a mineral
tenement in respect of such land," after "(b)".
13
Mineral Resources Development Amendment Act 2017
Act No. of
s. 20 Part 2 - Mineral Resources Development Act 1995 Amended
20. Section 53 amended (Granting application for
retention licence)
Section 53(2) of the Principal Act is amended by
inserting after paragraph (c) the following
paragraph:
(ca) the applicant has provided a copy of the
applicant's current public liability
insurance policy; and
21. Section 60A amended (Annual report)
Section 60A(3) of the Principal Act is amended
as follows:
(a) by omitting from paragraph (a) "annual
report" and substituting "reporting";
(b) by omitting from paragraph (e) "annual
report" and substituting "reporting".
22. Section 60AAB inserted
After section 60A of the Principal Act, the
following section is inserted in Division 2:
60AAB. Final report
(1) Within 3 months after the expiration,
surrender or revocation of a licence, the
licensee must submit to the Director a
report (a final report) in relation to the
period of the licence.
(2) The final report is to -
14
Mineral Resources Development Amendment Act 2017
Act No. of
Part 2 - Mineral Resources Development Act 1995 Amended s. 23
(a) be in accordance with the
reporting guidelines; and
(b) contain any other matter relating
to the licence that is specified in
the reporting guidelines, or by the
Director by notice in writing to
the licensee, as being required to
be contained in the report.
23. Section 60AB amended (Returns)
Section 60AB of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) ", if
requested by the Director by notice in
writing," after "licensee";
(b) by inserting in subsection (3)(d) ", in the
reporting guidelines" after "form".
24. Section 66 amended (Revocation of retention
licence)
Section 66(7)(a) of the Principal Act is amended
by omitting "publication of a notice under
subsection (5)" and substituting "the licensee is
notified under subsection (3) or a notice is
published under subsection (5), whichever is
earlier".
15
Mineral Resources Development Amendment Act 2017
Act No. of
s. 25 Part 2 - Mineral Resources Development Act 1995 Amended
25. Section 67E amended (Objection to production
licence)
Section 67E(1) of the Principal Act is amended
by inserting ", or who is the holder of a mineral
tenement in respect of such land," after
"section 67D(2)(b)".
26. Section 67I amended (When Minister may grant
application)
Section 67I(1) of the Principal Act is amended
by inserting after paragraph (d) the following
paragraph:
(da) has provided a copy of the applicant's
current public liability insurance policy;
and
27. Section 67R amended (Annual report)
Section 67R(3)(f) of the Principal Act is
amended by omitting "annual report" and
substituting "reporting".
28. Section 67RA inserted
After section 67R of the Principal Act, the
following section is inserted in Division 2:
67RA. Final report
(1) Within 3 months after the expiration,
surrender or revocation of a licence, the
licensee must submit to the Director a
16
Mineral Resources Development Amendment Act 2017
Act No. of
Part 2 - Mineral Resources Development Act 1995 Amended s. 29
report (a final report) in relation to the
period of the licence.
(2) The final report is to -
(a) be in accordance with the
reporting guidelines; and
(b) contain any other matter relating
to the licence that is specified in
the reporting guidelines, or by the
Director by notice in writing to
the licensee, as being required to
be contained in the report.
29. Section 67S amended (Returns)
Section 67S(3)(c) of the Principal Act is
amended by inserting ", in the reporting
guidelines" after "form".
30. Section 68 amended (Notice to apply for mining
lease)
Section 68(4) of the Principal Act is amended by
omitting "section 75(3)" and substituting
"section 78A".
31. Section 76 amended (Objections to mining lease)
Section 76(1) of the Principal Act is amended by
inserting ", or who is the holder of a mineral
tenement in respect of that area," after "sought".
17
Mineral Resources Development Amendment Act 2017
Act No. of
s. 32 Part 2 - Mineral Resources Development Act 1995 Amended
32. Section 78A amended (When Minister may grant
application)
Section 78A(1) of the Principal Act is amended
by omitting paragraph (f) and substituting the
following paragraph:
(f) has provided a copy of the applicant's
current public liability insurance policy;
and
33. Section 80 amended (Conditions of mining lease)
Section 80 of the Principal Act is amended by
inserting after subsection (3) the following
subsection:
(3A) The Minister may vary the mineral
category or categories to which the lease
relates by rescinding, adding, substituting
or amending a category or categories.
34. Section 84 amended (Authority of mining lease)
Section 84(1)(c) of the Principal Act is amended
by omitting "with the owner or occupier of that
land" and substituting "in respect of that land or
the Mining Tribunal has made a determination
under section 150".
35. Section 87 amended (Returns)
Section 87 of the Principal Act is amended as
follows:
18
Mineral Resources Development Amendment Act 2017
Act No. of
Part 2 - Mineral Resources Development Act 1995 Amended s. 36
(a) by omitting from subsection (1)
"licensee" and substituting "lessee";
(b) by inserting in subsection (3)(c) ", in the
reporting guidelines" after "form".
36. Section 87A amended (Annual report)
Section 87A(4)(e) of the Principal Act is
amended by omitting "annual report" and
substituting "reporting".
37. Section 87B inserted
After section 87A of the Principal Act, the
following section is inserted in Division 2:
87B. Final report
(1) The Director, by notice served on a
lessee, may require the lessee to submit
to the Director, within 3 months after the
expiration, surrender or revocation of a
lease, a report (a final report) in relation
to the period of the lease.
(2) The final report is to -
(a) be in accordance with the
reporting guidelines; and
(b) contain any other matter relating
to the lease that is specified in the
reporting guidelines, or by the
Director by notice in writing to
19
Mineral Resources Development Amendment Act 2017
Act No. of
s. 38 Part 2 - Mineral Resources Development Act 1995 Amended
the lessee, as being required to be
contained in the report.
38. Section 102A amended (Royalty rebate)
Section 102A(2) of the Principal Act is amended
by inserting "or in accordance with a prescribed
method" after "rate".
39. Section 113 amended (Term of prospecting licence
and group prospecting licence)
Section 113 of the Principal Act is amended by
omitting "one year" and substituting "5 years".
40. Section 144 amended (Compensation for
compensable loss)
Section 144(1) of the Principal Act is amended
by inserting "or a holder of a forestry right" after
"land".
41. Section 145 amended (Compensation agreement for
compensable loss)
Section 145 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "A
licensee or lessee" and substituting "The
holder of a mineral tenement or an
applicant for a mineral tenement";
(b) by inserting in subsection (1) "or a
holder of a forestry right" after "land";
20
Mineral Resources Development Amendment Act 2017
Act No. of
Part 2 - Mineral Resources Development Act 1995 Amended s. 42
(c) by inserting the following subsection
after subsection (2):
(3) A compensation agreement under
subsection (1) entered into by the
holder of a mineral tenement or
an applicant for a mineral
tenement, and an owner or
occupier of land, and in force
under that subsection, is binding
on a subsequent owner or
occupier of the land.
42. Section 147 amended (Compensation for damage to
improvements)
Section 147(2) of the Principal Act is amended
by inserting "or a holder of a forestry right" after
"Crown licensee".
43. Section 148 amended (Compensation agreement for
damage to improvement)
Section 148(1) of the Principal Act is amended
by inserting "or a holder of a forestry right" after
"Crown licensee".
44. Section 150 amended (Determination of
compensation)
Section 150(1) of the Principal Act is amended
by inserting "a holder of a forestry right," after
"licensee,".
21
Mineral Resources Development Amendment Act 2017
Act No. of
s. 45 Part 2 - Mineral Resources Development Act 1995 Amended
45. Section 196A inserted
After section 196 of the Principal Act, the
following section is inserted in Division 6:
196A. Variation of security deposit
The Minister may, at any time and on
more than one occasion, increase or
decrease the size of a security deposit
required under this Act by such amount
as the Minister considers appropriate
having regard to the purpose of the
security deposit and such of the matters
referred to in section 196 as are relevant.
46. Section 197 amended (Refund of security deposit)
Section 197 of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
(1A) The Minister may refund all or part of
any security deposit if the Minister
considers it appropriate.
47. Section 198 amended (Forfeiture of security
deposit)
Section 198 of the Principal Act is amended by
inserting after paragraph (a) the following
paragraph:
(ab) if the licensee or lessee fails to provide
an annual report or final report within the
required period; or
22
Mineral Resources Development Amendment Act 2017
Act No. of
Part 2 - Mineral Resources Development Act 1995 Amended s. 48
48. Section 204A amended (Reporting guidelines)
Section 204A of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "annual
reports" and substituting "mineral
tenement reports and returns";
(b) by omitting from subsection (2)(a)
"annual reports" and substituting
"mineral tenement reports and returns";
(c) by omitting from subsection (2)(b)
"annual reports" and substituting
"mineral tenement reports and returns".
23
Mineral Resources Development Amendment Act 2017
Act No. of
s. 49 Part 3 - Forest Management Act 2013 Amended
PART 3 - FOREST MANAGEMENT ACT 2013
AMENDED
49. Principal Act
In this Part, the Forest Management Act 2013* is
referred to as the Principal Act.
50. Schedule 3 amended (Certain forest reserves
declared to be reserved land under Nature
Conservation Act 2002 )
Clause 6 of Schedule 3 to the Principal Act is
amended as follows:
(a) by omitting
Alma Tier Forest Reserve 5096 287 CA Alma Tier No
Conservation
Area
from the table and substituting the
following item:
Alma Tier Forest Reserve 5096 287 CA Alma Tier
Conservation
Area
(b) by omitting
Dismal Swamp Forest 5095 310 RR Dismal Swamp No
Reserve Regional Reserve
*No. 49 of 2013
24
Mineral Resources Development Amendment Act 2017
Act No. of
Part 3 - Forest Management Act 2013 Amended s. 50
from the table and substituting the
following item:
Dismal Swamp Forest 5095 310 RR Dismal Swamp
Reserve Regional Reserve
(c) by omitting
Lake Pieman Forest 5094 1,008 RR Lake Pieman No
Reserve Regional Reserve
from the table and substituting the
following item:
Lake Pieman Forest 5094 1,008 RR Lake Pieman
Reserve Regional Reserve
25
Mineral Resources Development Amendment Act 2017
Act No. of
s. 51 Part 4 - Repeal of Act
PART 4 - REPEAL OF ACT
51. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
26 Government Printer, Tasmania