• consistency of legislation, guidelines andcompetencies;

• levels of competencies required by persons inrespect of specified mining activities;

• recommending guidelines to the Minister forapproval.

Members must have experience in the mining industryor matters connected with the mining industry. TheChair of the Mining Board must be a person fromoutside the Northern Territory Public Sector.

Mining Officers (Section 59)The Minister may appoint Mining Officers whoreplace Inspectors appointed under the MineManagement Act. Some of the functions of a MiningOfficer are:• enforce the Act;• inspect and audit mining activities to assess

levels of risk and whether the Authorisationand management system are being compliedwith;

• ensure timely corrective action is taken if unsafeconditions are detected on a mining site;

• investigate and report on serious accidents andcritical incidents;

• receive and investigate complaints.Mining Officers will be issued with an official identitycard to be shown when requested.

The existing statutory position of Chief GovernmentMining Engineer (CGME) does not exist in thenew Act.

Mine Manager’s CertificateUnder the Act there is no requirement for a MineManager’s Certificate of Competency. The operatorof a mining site is responsible for ensuring personsare competent to undertake their work.

Review of a decision (Section 65)A person may apply for a review of a decision madeby the Minister (or delegate) in relation to grantingor refusing to grant an Authorisation or the claimingof a security.

A person affected by a decision of a Mining Officermay also apply for a review of that decision.

A person applying for a review of a decision has 28days to lodge the application with the Chief ExecutiveOfficer of the Department of Business, Industry andResource Development.

Making a complaint (Section 63)Any person is able to make a complaint to a MiningOfficer. A Mining Officer may investigate thecomplaint, but must not disclose the name of thecomplainant.

RegulationsRegulations for the Act are in line with the philosophyof the Act and have been kept to a minimum.

PenaltiesPenalties in the Act are expressed in terms of ‘penaltyunits’. Currently a penalty unit is equal to $100,making the maximum penalty for safety, health andenvironmental offences $1,250,000 for a bodycorporate and $250,000 or 5 years jail for anindividual.

Changes to other LegislationMining ActMost of the changes to the Mining Act relate toremoving items relating to environmental or safetymatters that are part of mining tenement conditions.

The Mining Management Act or an Authorisationnow covers these conditions.

Securities relating to environmental matters thatwere previously issued as a condition of title underthe Mining Act will now be part of the Authorisation.

Uranium Mining (Environment Control) ActThe Uranium Mining (Environment Control) Act isrepealed on commencement of the MiningManagement Act as it includes provisions specificallyrelating to uranium mining.

Silicosis & Tuberculosis (Mineworkers &Prospectors) ActThis Act is to be repealed, and matters dealing withdust will be included in the guidelines of the MiningManagement Act.

A Message from the Minister forResource Development

The Government is committed toprotecting the safety and healthof those in the mining industryand to ensure the mining industryplays its part in protection of theenvironment.

The Government will place anemphasis on planning for safety,

health and environment protectionthrough mining management plans

and management systems for each minethat are appropriate to the type and size of the mine.

This change of legislative approach will also require theDepartment of Business, Industry and ResourceDevelopment to change how it operates. Whiletraditional “inspections” will be required there will bean increased emphasis on auditing of managementsystems. The Department’s Mining Officers will alsoprovide assistance to miners, particularly to the smalleroperators to help them meet these new standards.

The Government not only wants the mining industryin the Northern Territory to be leaders in runningefficient and profitable operations but also to achievebest practice standards for the way they undertaketheir safety, health and environmental work activities.

Paul HendersonMinister for Business, Industry andResource Development

BackgroundThe Mining Management Act was debated and passedin the Northern Territory Legislative Assembly on 3 July2001 and will replace the existing Mine ManagementAct and the Uranium Mining (Environment Control)Act. The Mining Management Act has received assentand will commence on 1 January 2002.

This document briefly outlines the new legislation andwhat it means to those involved in the mining industry.For more detail look at the Mining Management Act,or contact the Department of Business, Industry & ResourceDevelopment as detailed on the back of this brochure.

There are also consequential changes to the Mining Actand these changes are also discussed in this document.

The philosophy of the Act is that it will set the principlesand objectives for operators to meet safety, health andenvironmental performance requirements withprescription kept to a minimum. In this way the industrywill be required to take greater responsibility andaccountability for their conduct.

What does it cover?The Act covers safety, health and environmental aspectsof all mining and exploration activities.

To what activities does it apply?The Act will apply to:• exploration for minerals;• mining of minerals and extractive minerals;• processing of minerals, tailings, spoil heaps or waste

dumps;• decommissioning and rehabilitation of mining sites.The Act does not apply to oil or gas operations.

When does it commence?The new Act commences on 1 January 2002.

Authorisation to carry out mining activitiesAny new mining activity requires an Authorisationissued by the Minister before it can commence operations.This requirement includes exploration activities wheresubstantial disturbance of the site is to be undertaken.An Authorisation is not required for exploration workthat does not include substantial disturbance.

Authorisation for existing operationsExisting operations have until 30 June 2002, which issix months after the commencement of the Act, toapply for an Authorisation. If for some reason an extensionof time is required for this Authorisation applicationthen the operator must apply for the extension before31 May 2002.

Previous approvals remain in force until a newAuthorisation is issued.

Further InformationDepartment of Business, Industry and Resource Development

Telephone: (08) 8999 6528 E-mail: mineral.info@nt.gov.au Website: www.dbird.nt.gov.auAdvisory notes: The Department of Business, Industry and Resource Development will be preparing advisory notes explaining procedures andadministrative matters relating to the new Act. These will be distributed to operators and will also be available on the web site listed above.

Note: This document briefly explains the main features of the new legislation. It is not intended to be a legal interpretation of the new legislation.

The Mining Management Act • December 2001

The Mining Management Act -What does it mean?

Application for an Authorisation(Section 35)Before mining commences the operator of themining site must apply for an Authorisation tocarry out mining activities. The application mustbe accompanied by a mining management planrelating to the mining activities.

Substantial disturbance relating to exploration workalso requires an Authorisation, and an applicationalong with a mining management plan is required.Where exploration work does not involve substantialdisturbance of the site, an Authorisation is notrequired.

Who is responsible for the mining site?Under the Act the operator for a mining site isresponsible for the control and management of thesite and the mining activities carried out on the site.(Section 9)

The owner of the mining tenement is to appoint anoperator for this purpose, however there is nothingto prevent the owner also being the operator. In theabsence of any notification the owner is consideredto be the operator. (Section 10)

What does the owner have to do?If the owner of the mining tenement is not the operatorfor the site then the owner must appoint an operatorbefore the mining activities commence. Thisappointment must be by a written contract and includea condition that the operator must establish andimplement a safety, health and environmental protectionmanagement system for the site. (Section 10)

The owner must notify the Chief Executive Officerof the Department of Business, Industry and ResourceDevelopment as soon as practicable of theappointment of the operator, but not later than 14days after the appointment.

The owner must provide the operator with all relevantinformation available to the owner that may assistthe operator to establish and implement anappropriate safety, health and environment protectionmanagement system for the mining site.

The owner must ensure that the operator iscompetent, and has adequate resources to implementthe management system.

What does the operator have to do?Before mining activities commence the operatormust apply for an Authorisation for approval tocommence mining activities.

What are the obligations of the operator?(Section 16)It is the responsibility of the operator to:• ensure the environmental impact of mining

activities carried out on the site is limited to

what is necessary for the establishment,operation and closure of the site;

• operate the site to minimise risk to the safetyand health of the workers, so far as is practicable;

• establish an appropriate management structureof competent persons for the mining site;

• ensure that workers are competent and in a fitcondition to perform their duties, so far as ispracticable;

• implement an appropriate safety, health andenvironment protection management systemfor the site.

Consultation and co-operation (Section 33)The operator must facilitate consultation and co-operation between the operator, contractors andworkers to develop and implement measures designedto ensure the safety and health of the workers onthe mining site.

Some measures an operator may undertake are:• establish a safety and health committee;• involve workers in planning alterations of work

processes, or organisation of work, which mayhave safety and health implications for theworkers.

General obligations for every person(Section 14)Every person on a mining site has an obligationunder their duty of care to be responsible for:• their own safety and health; and the safety and

health of other persons whose safety and healthmay be affected by their actions; and

• the environment.

Every person must comply with instructions andprocedures that are included in the safety, healthand environment protection management systemfor the mining site.

A person must use safety equipment made availablefor their use.

A person must not intentionally cause environmentalharm on a mining site.

What are the obligations of a worker?(Section 17)In addition to the general obligations listed above,workers must:• keep themselves informed about any work

instructions that are included in the safety,health and environment protection managementsystem for the mining site;

• report accidents or critical incidents to theoperator.

A worker must not work if they are not in a fitcondition to do so.

What are the obligations of a contractor?(Section 18)A contractor must ensure they comply with theprovisions of the Act and the mining site’smanagement system.

What are the obligations of manufacturersand suppliers? (Section 19)A designer, manufacturer, importer or supplier ofplant, equipment or substance used on a site must,so far as is practicable, ensure:• the design and construction of the plant,

equipment or the substance, are such that aperson who uses the plant or substance is notexposed to hazards; and

• that adequate information is provided whenthe plant, equipment or substance is supplied.

Notification of accidents and incidentsThe operator must notify the Department of Business,Industry and Resource Development on becomingaware of a serious accident or critical incident onthe site. (Section 29)

When a serious accident occurs the operator mustcarry out an investigation to determine its causeand forward a written report to the Department ofBusiness, Industry and Resource Development.(Section 31)

A Mining Officer may inspect the place where the seriousaccident or critical incident occurred and if necessaryinvestigate the serious accident or critical incident todetermine its nature and cause. (Section 30)

Exploration workThe Act applies to all exploration work except forremote sensing activities. An Authorisation is notrequired for exploration work until substantialdisturbance of the site is involved.

Mining Management Plan (MMP)(Section 40)A MMP is to be provided with each application foran Authorisation and must include:• a description of the mining activities to be

carried out;• safety, health and environmental issues relevant

to the mining activities and the managementsystem to be implemented at the mining site;

• plan and costing of closure activities.

The MMP is reviewed at specified intervals as setout in the Authorisation and, if changes occur, theMMP must be amended and submitted to theMinister for acceptance.

Security (Section 43)A security will normally be required as a conditionof an Authorisation and is for:• securing an operator’s obligation to comply

with the Act or an Authorisation;• payment of costs and expenses in relation to

an action taken by the Minister to:- complete rehabilitation of a mining site or- prevent, minimise or rectify environmental

harm on a mining site.Adequacy of the security is reviewed whenever aMMP is submitted.

Guidelines (Section 47)The Minister may issue guidelines to provide guidanceon matters referred to in the Act including bestpractice in mining activities; and to encouragecontinual improvement in the management of miningactivities.

Guidelines are not mandatory but are designed togive operators one method of meeting theirobligations. Guidelines may refer to or incorporatea standard, code or other document.

Guidelines will be developed using, wherever possible,material from other States so uniformity andconsistency in the industry can be maintained.

Mining Board (Section 50)The Act allows the Minister to establish a MiningBoard to advise the Minister on matters relevant tomining activities and their management.Other functions of the Mining Board include:• safety, health and environmental issues;• best practice in mining;

Application for an Authorisation(Section 35)Before mining commences the operator of themining site must apply for an Authorisation tocarry out mining activities. The application mustbe accompanied by a mining management planrelating to the mining activities.

Substantial disturbance relating to exploration workalso requires an Authorisation, and an applicationalong with a mining management plan is required.Where exploration work does not involve substantialdisturbance of the site, an Authorisation is notrequired.

Who is responsible for the mining site?Under the Act the operator for a mining site isresponsible for the control and management of thesite and the mining activities carried out on the site.(Section 9)

The owner of the mining tenement is to appoint anoperator for this purpose, however there is nothingto prevent the owner also being the operator. In theabsence of any notification the owner is consideredto be the operator. (Section 10)

What does the owner have to do?If the owner of the mining tenement is not the operatorfor the site then the owner must appoint an operatorbefore the mining activities commence. Thisappointment must be by a written contract and includea condition that the operator must establish andimplement a safety, health and environmental protectionmanagement system for the site. (Section 10)

The owner must notify the Chief Executive Officerof the Department of Business, Industry and ResourceDevelopment as soon as practicable of theappointment of the operator, but not later than 14days after the appointment.

The owner must provide the operator with all relevantinformation available to the owner that may assistthe operator to establish and implement anappropriate safety, health and environment protectionmanagement system for the mining site.

The owner must ensure that the operator iscompetent, and has adequate resources to implementthe management system.

What does the operator have to do?Before mining activities commence the operatormust apply for an Authorisation for approval tocommence mining activities.

What are the obligations of the operator?(Section 16)It is the responsibility of the operator to:• ensure the environmental impact of mining

activities carried out on the site is limited to

what is necessary for the establishment,operation and closure of the site;

• operate the site to minimise risk to the safetyand health of the workers, so far as is practicable;

• establish an appropriate management structureof competent persons for the mining site;

• ensure that workers are competent and in a fitcondition to perform their duties, so far as ispracticable;

• implement an appropriate safety, health andenvironment protection management systemfor the site.

Consultation and co-operation (Section 33)The operator must facilitate consultation and co-operation between the operator, contractors andworkers to develop and implement measures designedto ensure the safety and health of the workers onthe mining site.

Some measures an operator may undertake are:• establish a safety and health committee;• involve workers in planning alterations of work

processes, or organisation of work, which mayhave safety and health implications for theworkers.

General obligations for every person(Section 14)Every person on a mining site has an obligationunder their duty of care to be responsible for:• their own safety and health; and the safety and

health of other persons whose safety and healthmay be affected by their actions; and

• the environment.

Every person must comply with instructions andprocedures that are included in the safety, healthand environment protection management systemfor the mining site.

A person must use safety equipment made availablefor their use.

A person must not intentionally cause environmentalharm on a mining site.

What are the obligations of a worker?(Section 17)In addition to the general obligations listed above,workers must:• keep themselves informed about any work

instructions that are included in the safety,health and environment protection managementsystem for the mining site;

• report accidents or critical incidents to theoperator.

A worker must not work if they are not in a fitcondition to do so.

What are the obligations of a contractor?(Section 18)A contractor must ensure they comply with theprovisions of the Act and the mining site’smanagement system.

What are the obligations of manufacturersand suppliers? (Section 19)A designer, manufacturer, importer or supplier ofplant, equipment or substance used on a site must,so far as is practicable, ensure:• the design and construction of the plant,

equipment or the substance, are such that aperson who uses the plant or substance is notexposed to hazards; and

• that adequate information is provided whenthe plant, equipment or substance is supplied.

Notification of accidents and incidentsThe operator must notify the Department of Business,Industry and Resource Development on becomingaware of a serious accident or critical incident onthe site. (Section 29)

When a serious accident occurs the operator mustcarry out an investigation to determine its causeand forward a written report to the Department ofBusiness, Industry and Resource Development.(Section 31)

A Mining Officer may inspect the place where the seriousaccident or critical incident occurred and if necessaryinvestigate the serious accident or critical incident todetermine its nature and cause. (Section 30)

Exploration workThe Act applies to all exploration work except forremote sensing activities. An Authorisation is notrequired for exploration work until substantialdisturbance of the site is involved.

Mining Management Plan (MMP)(Section 40)A MMP is to be provided with each application foran Authorisation and must include:• a description of the mining activities to be

carried out;• safety, health and environmental issues relevant

to the mining activities and the managementsystem to be implemented at the mining site;

• plan and costing of closure activities.

The MMP is reviewed at specified intervals as setout in the Authorisation and, if changes occur, theMMP must be amended and submitted to theMinister for acceptance.

Security (Section 43)A security will normally be required as a conditionof an Authorisation and is for:• securing an operator’s obligation to comply

with the Act or an Authorisation;• payment of costs and expenses in relation to

an action taken by the Minister to:- complete rehabilitation of a mining site or- prevent, minimise or rectify environmental

harm on a mining site.Adequacy of the security is reviewed whenever aMMP is submitted.

Guidelines (Section 47)The Minister may issue guidelines to provide guidanceon matters referred to in the Act including bestpractice in mining activities; and to encouragecontinual improvement in the management of miningactivities.

Guidelines are not mandatory but are designed togive operators one method of meeting theirobligations. Guidelines may refer to or incorporatea standard, code or other document.

Guidelines will be developed using, wherever possible,material from other States so uniformity andconsistency in the industry can be maintained.

Mining Board (Section 50)The Act allows the Minister to establish a MiningBoard to advise the Minister on matters relevant tomining activities and their management.Other functions of the Mining Board include:• safety, health and environmental issues;• best practice in mining;

• consistency of legislation, guidelines andcompetencies;

• levels of competencies required by persons inrespect of specified mining activities;

• recommending guidelines to the Minister forapproval.

Members must have experience in the mining industryor matters connected with the mining industry. TheChair of the Mining Board must be a person fromoutside the Northern Territory Public Sector.

Mining Officers (Section 59)The Minister may appoint Mining Officers whoreplace Inspectors appointed under the MineManagement Act. Some of the functions of a MiningOfficer are:• enforce the Act;• inspect and audit mining activities to assess

levels of risk and whether the Authorisationand management system are being compliedwith;

• ensure timely corrective action is taken if unsafeconditions are detected on a mining site;

• investigate and report on serious accidents andcritical incidents;

• receive and investigate complaints.Mining Officers will be issued with an official identitycard to be shown when requested.

The existing statutory position of Chief GovernmentMining Engineer (CGME) does not exist in thenew Act.

Mine Manager’s CertificateUnder the Act there is no requirement for a MineManager’s Certificate of Competency. The operatorof a mining site is responsible for ensuring personsare competent to undertake their work.

Review of a decision (Section 65)A person may apply for a review of a decision madeby the Minister (or delegate) in relation to grantingor refusing to grant an Authorisation or the claimingof a security.

A person affected by a decision of a Mining Officermay also apply for a review of that decision.

A person applying for a review of a decision has 28days to lodge the application with the Chief ExecutiveOfficer of the Department of Business, Industry andResource Development.

Making a complaint (Section 63)Any person is able to make a complaint to a MiningOfficer. A Mining Officer may investigate thecomplaint, but must not disclose the name of thecomplainant.

RegulationsRegulations for the Act are in line with the philosophyof the Act and have been kept to a minimum.

PenaltiesPenalties in the Act are expressed in terms of ‘penaltyunits’. Currently a penalty unit is equal to $100,making the maximum penalty for safety, health andenvironmental offences $1,250,000 for a bodycorporate and $250,000 or 5 years jail for anindividual.

Changes to other LegislationMining ActMost of the changes to the Mining Act relate toremoving items relating to environmental or safetymatters that are part of mining tenement conditions.

The Mining Management Act or an Authorisationnow covers these conditions.

Securities relating to environmental matters thatwere previously issued as a condition of title underthe Mining Act will now be part of the Authorisation.

Uranium Mining (Environment Control) ActThe Uranium Mining (Environment Control) Act isrepealed on commencement of the MiningManagement Act as it includes provisions specificallyrelating to uranium mining.

Silicosis & Tuberculosis (Mineworkers &Prospectors) ActThis Act is to be repealed, and matters dealing withdust will be included in the guidelines of the MiningManagement Act.

A Message from the Minister forResource Development

The Government is committed toprotecting the safety and healthof those in the mining industryand to ensure the mining industryplays its part in protection of theenvironment.

The Government will place anemphasis on planning for safety,

health and environment protectionthrough mining management plans

and management systems for each minethat are appropriate to the type and size of the mine.

This change of legislative approach will also require theDepartment of Business, Industry and ResourceDevelopment to change how it operates. Whiletraditional “inspections” will be required there will bean increased emphasis on auditing of managementsystems. The Department’s Mining Officers will alsoprovide assistance to miners, particularly to the smalleroperators to help them meet these new standards.

The Government not only wants the mining industryin the Northern Territory to be leaders in runningefficient and profitable operations but also to achievebest practice standards for the way they undertaketheir safety, health and environmental work activities.

Paul HendersonMinister for Business, Industry andResource Development

BackgroundThe Mining Management Act was debated and passedin the Northern Territory Legislative Assembly on 3 July2001 and will replace the existing Mine ManagementAct and the Uranium Mining (Environment Control)Act. The Mining Management Act has received assentand will commence on 1 January 2002.

This document briefly outlines the new legislation andwhat it means to those involved in the mining industry.For more detail look at the Mining Management Act,or contact the Department of Business, Industry & ResourceDevelopment as detailed on the back of this brochure.

There are also consequential changes to the Mining Actand these changes are also discussed in this document.

The philosophy of the Act is that it will set the principlesand objectives for operators to meet safety, health andenvironmental performance requirements withprescription kept to a minimum. In this way the industrywill be required to take greater responsibility andaccountability for their conduct.

What does it cover?The Act covers safety, health and environmental aspectsof all mining and exploration activities.

To what activities does it apply?The Act will apply to:• exploration for minerals;• mining of minerals and extractive minerals;• processing of minerals, tailings, spoil heaps or waste

dumps;• decommissioning and rehabilitation of mining sites.The Act does not apply to oil or gas operations.

When does it commence?The new Act commences on 1 January 2002.

Authorisation to carry out mining activitiesAny new mining activity requires an Authorisationissued by the Minister before it can commence operations.This requirement includes exploration activities wheresubstantial disturbance of the site is to be undertaken.An Authorisation is not required for exploration workthat does not include substantial disturbance.

Authorisation for existing operationsExisting operations have until 30 June 2002, which issix months after the commencement of the Act, toapply for an Authorisation. If for some reason an extensionof time is required for this Authorisation applicationthen the operator must apply for the extension before31 May 2002.

Previous approvals remain in force until a newAuthorisation is issued.

Further InformationDepartment of Business, Industry and Resource Development

Telephone: (08) 8999 6528 E-mail: mineral.info@nt.gov.au Website: www.dbird.nt.gov.auAdvisory notes: The Department of Business, Industry and Resource Development will be preparing advisory notes explaining procedures andadministrative matters relating to the new Act. These will be distributed to operators and will also be available on the web site listed above.

Note: This document briefly explains the main features of the new legislation. It is not intended to be a legal interpretation of the new legislation.

The Mining Management Act • December 2001

The Mining Management Act -What does it mean?