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Mining Regulation 1992


Unvalidated References:
Mining Act 1992
Mining Act 1992

This reprint of this Statutory Instrument incorporates all amendments, if any, made before25 November 2006 and in force at 28 November 2001.

.........
Legislative Counsel
Dated 25 November 2006


INDEPENDENT STATE OF PAPUA NEW GUINEA.

No. of 1992.

Mining Regulation 1992

ARRANGEMENT OF SECTIONS.

1. Exploration licence.
2. Special mining lease.
3. Mining lease.
4. Alluvial mining lease.
5. Lease for mining purposes.
6. Mining easement.
7. Application for a tenement.
8. Application for extension of term of a tenement.
9. Application for grant of a consolidated tenement.
10. Application for surrender of a tenement, etc.
11. Application for partial surrender of a tenement, etc.
12. Variation of approved proposals.
13. Notice of objection.
14. Notice of cancellation.
15. Instrument of transfer of tenement.
16. Description of boundary.
17. Application for right to enter land and right to enter land.
18. Caveat.
19. Programme.
20. Variation of approved programme.
21. Bi-annual exploration report.
22. Bi-annual expenditure statement.
23. Notice of intention to negotiate on the mining of alluvial minerals.
24. Annual minimum expenditure.
25. Monthly report.
26. Fees.
27. Rents.
28. Security.

Mining Regulation 1992

MADE by the Head of State, acting with, and in accordance with, the advice of the National Executive Council under the Mining Act 1992, to come into operation on the date of coming into operation of the Mining Act 1992.



Dated                   200 .

PART I. – TENEMENTS.

1. EXPLORATION LICENCE.

(1) An exploration licence shall be on Form 1 of Schedule 1.

(2) An extension of term of an exploration licence shall be on Form 2 of Schedule 1.

2. SPECIAL MINING LEASE.

(1) A special mining lease shall be on Form 3 of Schedule 1.

(2) An extension of term of a special mining lease shall be on Form 3 of Schedule 1.

3. MINING LEASE.

(1) A mining lease shall be on Form 4 of Schedule 1.

(2) An extension of term of a mining lease shall be on Form 4 of Schedule 1.

4. ALLUVIAL MINING LEASE.

(1) An alluvial mining lease shall be on Form 5 of Schedule 1.

(2) An extension of term of an alluvial mining lease shall be an Form 5 of Schedule 1.

5. LEASE FOR MINING PURPOSES.

(1) A lease for mining purposes shall be on Form 6 of Schedule 1.

(2) An extension of term of a lease for mining purposes shall be on Form 6 of Schedule 1.

6. MINING EASEMENT.

(1) A mining easement shall be on Form 7 of Schedule 1.

(2) An extension of term of a mining easement shall be on Form 7 of Schedule 1.

PART II. – TENEMENTS GENERALLY.

7. APPLICATION FOR A TENEMENT.

An application for a tenement shall be on Form 8 of Schedule 1.

8. APPLICATION FOR EXTENSION OF TERM OF A TENEMENT.

An application for extension of term of a tenement shall be on Form 9 of Schedule 1.

9. APPLICATION FOR GRANT OF A CONSOLIDATED TENEMENT.

An application for a grant of a consolidated tenement under Section 135 of the Act shall be on Form 10 of Schedule 1.

10. APPLICATION FOR SURRENDER OF A TENEMENT, ETC.

(1) An application for surrender of a tenement under Section 137 of the Act shall be on Form 11 of Schedule 1.

(2) An instrument of surrender of a tenement shall be on Form 11 of Schedule 1.

11. APPLICATION FOR PARTIAL SURRENDER OF A TENEMENT, ETC.

(1) An application for partial surrender of a tenement under Section 138 of the Act shall be on Form 12 of Schedule 1.

(2) An instrument of partial surrender of a tenement shall be on Form 12 of Schedule 1.

12. VARIATION OF APPROVED PROPOSALS.

An approval to a variation of approved proposals under Section 45, 54, 72 or 87 of the Act shall be on Form 13 of Schedule 1.

13. NOTICE OF OBJECTION.

A notice of objection under Section 62(1), 78(1), 94(1) or 107 of the Act shall be on Form 12 of Schedule 1.

14. NOTICE OF CANCELLATION.

A notice of cancellation of a tenement under Sections 142 and 143 of the Act shall be on Form 15 of Schedule 1.

15. INSTRUMENT OF TRANSFER OF TENEMENT.

An instrument of transfer of a tenement under Section 118 of the Act shall be on Form 16 of Schedule 1.

16. DESCRIPTION OF BOUNDARY.

A description of a boundary under Section 24, 35, 42, 52, 70, 85, 97, 135 or 138 of the Act shall be on Form 17 of Schedule 1.

17. APPLICATION FOR RIGHT TO ENTER LAND AND RIGHT TO ENTER LAND.

(1) An application for the right to enter land under Section 96(4), 97(2) or 165 of the Act shall be on Form 18 of Schedule 1.

(2) A right to enter land under Section 96(4), 97(2) or 165 of the Act shall be on Form 18 of Schedule 1.

18. CAVEAT.

A caveat under Section 127 of the Act shall be on Form 19 of Schedule 1.

PART III. – EXPLORATION LICENCES.

19. PROGRAMME.

A programme to accompany an application for an exploration licence under Section 24 of the Act or for a variation of an approved programme under Section 27 of the Act shall be on Form 20 of Schedule 1.

20. VARIATION OF APPROVED PROGRAMME.

An approval of variation of approved programme in relation to an exploration licence under Section 27 of the Act shall be on Form 21 of Schedule 1.

21. BI-ANNUAL EXPLORATION REPORT.

A report in respect of an exploration licence required under Section 32(1)(a) of the Act shall be on Form 22 of Schedule 1.

22. BI-ANNUAL EXPENDITURE STATEMENT.

A report summarizing acceptable expenditure in respect of an exploration licence required under Section 32(1)(b) of the Act shall be in Form 23 of Schedule 1.

23. NOTICE OF INTENTION TO NEGOTIATE ON THE MINING OF ALLUVIAL MINERALS.

Notice by the holder of an exploration licence under Section 64 of the Act that he wishes to negotiate on the mining of alluvial minerals shall be on Form 24 of Schedule 1.

24. ANNUAL MINIMUM EXPENDITURE.

The annual minimum expenditure in relation to an exploration licence is as set out in Schedule 2.

PART IV. – MINING LEASE.

25. MONTHLY REPORT.

A monthly report required by the holder of a mining lease under Section 47 of the Act shall be on Form 25 of Schedule 1.

PART V. – FEES.

26. FEES.

Fees payable under the Act shall be as set out in Schedule 2.

27. RENTS.

Rents payable in respect of a tenement are as set out in Schedule 2.

28. SECURITY.

The sums payable as security are as set out in Schedule 2.

SCHEDULE 1

PAPUA NEW GUINEA.

Mining Act 1992.

Form 1 – Exploration licence..

Act, Sec. 20 FORM 1.Reg., Sec. 1(1)

PAPUA NEW GUINEA.

Mining Act 1992.

Form 2 – EXTENSION OF TERM OF AN EXPLORATION LICENCE.

Act, Sec. 28 FORM 2.Reg., Sec. 1(2)

PAPUA NEW GUINEA.

Mining Act 1992.

Form 3 – SPECIAL MINING LEASE.

Act, Sec. 33, 36 FORM 3.Reg., Sec. 2

PAPUA NEW GUINEA.

Mining Act 1992.

Form 4 – MINING LEASE.

Act, Sec. 38, 46 FORM 4.Reg., Sec. 3

PAPUA NEW GUINEA.

Mining Act 1992.

Form 5 – ALLUVIAL MINING LEASE.

Act, Sec. 48, 55 FORM 5.Reg., Sec. 4.

PAPUA NEW GUINEA.

Mining Act 1992.

Form 6 – LEASE FOR MINING PURPOSES.

Act, Sec. 65, 73 FORM 6Reg., Sec. 5

PAPUA NEW GUINEA.

Mining Act 1992.

Form 7 – MINING EASEMENT.

Act, Sec. 80, 88 FORM 7.Reg., Sec. 6

PAPUA NEW GUINEA.

Mining Act 1992.

Form 8 – APPLICATION FOR A TENEMENT.

Act, Sec. 24, 36, 42, 52, 70 and 85 FORM 8.Reg., Sec. 7

PAPUA NEW GUINEA.

Mining Act 1992.

Form 9 – APPLICATION FOR EXTENSION OF TERM OF A TENEMENT..

Act, Sec. 24, 36, 46, 55, 73 and 88 FORM 9.Reg., Sec. 8

PAPUA NEW GUINEA.

Mining Act 1992.

Form 10 – APPLICATION FOR CONSOLIDATION OF A TENEMENT (see Note 1).

Act, Sec. 135 FORM 10.Reg., Sec. 9

PAPUA NEW GUINEA.

Mining Act 1992.

Form 11 – SURRENDER OF A TENEMENT.

Act, Sec. 137, 139 FORM 11.Reg., Sec. 10

PAPUA NEW GUINEA.

Mining Act 1992.

Form 12 – PARTIAL SURRENDER OF A TENEMENT.

Act, Sec. 138, 139 FORM 12.Reg., Sec. 11

PAPUA NEW GUINEA.

Mining Act 1992.

Form 13 – VARIATION OF APPROVED PROPOSALS.

Act, Sec. 45, 54, 72 or 87 FORM 13.Reg., Sec. 12

PAPUA NEW GUINEA.

Mining Act 1992.

Form 14 – NOTICE OF OBJECTION.

Act, Sec. 62(1), 78(1), 94(1) or 107 FORM 14.Reg., Sec. 13

PAPUA NEW GUINEA.

Mining Act 1992.

Form 15 – NOTICE OF CANCELLATION OF A TENEMENT.

Act, Sec. 142, 143 FORM 15.Reg., Sec. 14

PAPUA NEW GUINEA.

Mining Act 1992.

Form 16 – INSTRUMENT OF TRANSFER OF A TENEMENT.

Act, Sec. 118 FORM 16.Reg., Sec. 15

PAPUA NEW GUINEA.

Mining Act 1992.

Form 17 – DESCRIPTION OF BOUNDARY.

Act, Sec. 24, 35, 42, 52, 70, 85, 97, 135 or 138 FORM 17.Reg., Sec. 16

PAPUA NEW GUINEA.

Mining Act 1992.

Form 18 – APPLICATION FOR A RIGHT TO ENTER LAND.

Act, Sec. 96(4), 97(2) and 165 FORM 18.Reg., Sec. 17

PAPUA NEW GUINEA.

Mining Act 1992.

Form 19 – CAVEAT.

Act, Sec. 127 FORM 19.Reg., Sec. 18

PAPUA NEW GUINEA.

Mining Act 1992.

Form 20 – EXPLORATION LICENCE No: ........... PROGRAM.

Act, Sec. 24, 27 FORM 20Reg., Sec. 19

PAPUA NEW GUINEA.

Mining Act 1992.

Form 21 – VARIATION OF APPROVED PROGRAMME.

Act, Sec. 27 FORM 21.Reg., Sec. 20

PAPUA NEW GUINEA.

Mining Act 1992.

Form 22 – EXPLORATION LICENCE NO:______ BI-ANNUAL EXPLORATION REPORT FOR THE PERIOD ENDING _______________.

Act, Sec. 32(1)(a) FORM 22.Reg., Sec. 21

PAPUA NEW GUINEA.

Mining Act 1992.

Form 23 – EXPLORATION LICENCE NO:______ BI-ANNUAL EXPENDITURE STATEMENT FOR THE PERIOD ENDING ______.

Act, Sec. 32(1)(b) FORM 23.Reg., Sec. 22

PAPUA NEW GUINEA.

Mining Act 1992.

Form 24 – NOTICE OF INTENTION TO NEGOTIATE ON THE MINING OF ALLUVIAL MINERALS.

Act, Sec. 64 FORM 24.Reg., Sec. 23

PAPUA NEW GUINEA.

Mining Act 1992.

Form 25 – MONTHLY MINERAL RETURN.

Act, Sec. 47. FORM 25.Reg., Sec. 25

SCHEDULE 2[1].

Reg. Secs. 24, 26, 27, 28
SCHEDULE OF FEES, RENTS, SECURITY AND EXPLORATION EXPENDITURE REQUIREMENTS.
Fees, Rents and Security Deposits.
Kina
Application for grant of term of: –

Exploration Licence (includes extensions)
5,000.00
Mining Lease  – up to 5 ha
400.00
over 5 up to 10 ha
2500.00
over 10 up to 50 ha
5,000.00
over 50 ha to 500ha
10.000.00
over 500 ha
50,000.00
Special Mining Lease
100,000.00
Alluvial Mining Lease
250.00
Lease for Mining Purposes
10,000.00
Mining Easement
10,000.00
Application for consolidation of tenements
1,000.00
Extension of term for Lease (other than Exploration Licence) – at 50% of grant fee.

Registration of: –

Agreement for Joint Venture, etc. (see Note 1)
200.00
Mortgage or Charge or Caveat
240.00
Discharge of Mortgage
200.00
Instrument of Transfer, Assignment etc.
100.00
Change of Name of Tenement Holder
100.00
Search of Register – per entry
100.00
Annual rent in respect of: –

Exploration Licence (per sub-block/ annum) TERM 1
90.00
Exploration Licence (per sub-block/ annum) TERM 2
180.00
Exploration Licence (per sub-block/ annum) TERM 3
470.00
Mining Lease – up to 10 ha
8.00 per ha
over 10 up to 50 ha
8.00 per ha
over 50 ha
12.00 per ha
Special Mining Lease
12.00 per ha
Alluvial Mining Lease
3.00 per ha
Lease for Mining Purposes
12.00 per ha
Mining Easement
none
Security deposit in respect of: –

Exploration Licence
6,000.00
Mining Lease – up to 5 ha
2,400.00
over 5 up to 10 ha
6,000.00
over 10 up to 50 ha
24,000.00
over 50 ha
48,000.00
Special Mining Lease
48,000.00
Alluvial Mining Lease
None
Lease for Mining Purposes
6,000.00
Mining Easement
None
Note 1: Where tribute agreement of the same form are lodged simultaneously a single fee shall be payable

Minium Expenditure Requirements in Relation to Exploration Licences under Section 25 of the Act
Annual expenditure required per sub-block of land held under an Exploration Licence –

(per sub-block per annum)
First term
400.00
Second term
1.000.00
Third and subsequent terms
2,000.00


Office of Legislative Counsel, PNG


[1] Schedule 2 repealed and replaced by the Mining (Amendment) Regulation 1998 (No 18 of 1998); Substituted by S.R. 2001, No. 8.


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