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MINING ACT 1992
- As at 24 October 2023
- Act 29 of 1992
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Name of Act
2. Commencement
3. Act binds Crown
3A. Objects
4. Definitions
4A. Application of Act
4B. Notes
PART 2 - PROSPECTING AND MINING GENERALLY
Division 1 - General
5. Mining or prospecting without authorisation
6. Unauthorised carrying out of designated ancillary mining activities
7-9. (Repealed)
10. Defences to prosecutions under Part 2
10A. Restriction on grant of authorisations with respect to uranium
10B. Restriction on grant of mining lease in respect of mercury
11. Property in minerals lawfully mined
11A. Certain activities taken not to be prospecting or mining
12. Fossicking
Division 2 - Offences concerning theft of minerals
12A. Definitions
12B. Stealing minerals
12C. Fraudulent removal and concealment of minerals by employees
12D. Fraudulent removal and concealment of minerals by partners
12E. (Repealed)
PART 3 - EXPLORATION LICENCES
Division 1 - Applications and tenders
13. Application for exploration licence
13A. Notice of application for exploration licence
13B. Limit on subsequent applications for exploration licences
13C. Application for operational allocation licence by existing authority holders
13D. Crown pre-competitive exploration licences
14. Invitations for tenders
15. Tenders
16. (Repealed)
17. Exclusion of land from application or tender
Division 2 - Restrictions on the grant of exploration licences
18. Land in reserve or opal prospecting area
19. Land subject to authority
20, 21. (Repealed)
Division 3 - Granting of exploration licences
22. Power of decision-maker in relation to applications
23. Power of decision-maker in relation to tenders
23A. Activity approval required for assessable prospecting operations
24. Land and minerals for which exploration licence may be granted
25. Shape and dimensions of land over which exploration licence may be granted
26. (Repealed)
27. Term of exploration licence
28. Form of exploration licence
Division 4 - Rights and duties under an exploration licence
29. Rights under exploration licence
29A. (Repealed)
30. Exempted areas
31. Dwelling-houses, gardens and significant improvements
32. Exploration areas over which authority is subsequently granted
Division 5 - Low-impact exploration licences--special provisions
32A. Object of Division
32B. Special low-impact class of licence
32C. Authority conferred by low-impact licence
32D. Provisions relating to applications for low-impact licence
32E. Change of class of licence--additional prospecting operations
32EA. Review of determination under section 32E
32F. Access arrangement required for prospecting operations under low-impact licences
32G. Renewal of low-impact licences
PART 4 - ASSESSMENT LEASES
Division 1 - Applications
33. Application for assessment lease
33A. Notice of application for assessment lease
33B. Limit on subsequent applications
34. (Repealed)
35. Exclusion of land from assessment lease application
Division 2 - Restrictions on the grant of assessment leases
36. Land in reserve or opal prospecting area
37. Land subject to authority
38. Land subject to exploration licence
39, 40. (Repealed)
Division 3 - Granting of assessment leases
41. Power of decision-maker in relation to applications
42. Land and minerals for which assessment lease may be granted
43. Shape and dimensions of land over which assessment lease may be granted
44. (Repealed)
44A. Activity approval required for assessable prospecting operations
45. Term of assessment lease
46. Form of assessment lease
Division 4 - Rights and duties under an assessment lease
47. Rights under assessment lease
47A. (Repealed)
48. Exempted areas
49. Dwelling-houses, gardens and significant improvements
50. Assessment areas over which authority is subsequently granted
PART 5 - MINING LEASES
Division 1 - Applications and tenders
51. Application for mining lease
51A. Notice of application for mining lease
51B. Limitation on subsequent applications
52. Invitations for tenders
53. Tenders
54. (Repealed)
55. Exclusion of land from application or tender
56. (Repealed)
Division 2 - Restrictions on the grant of mining leases
57. Land in reserve
58. Land subject to authority
59. Land subject to exploration licence
60, 61. (Repealed)
62. Dwelling-houses, gardens and significant improvements
Division 3 - Granting of mining leases
63. Power of decision-maker in relation to applications
64. Power of decision-maker in relation to tenders
65. Development consents under Environmental Planning and Assessment Act 1979
66. Survey of land to be carried out
67. Recovery of public money expended on testing for minerals or research
68. Land and minerals for which mining lease may be granted
69. Shape and dimensions of land over which mining lease may be granted
70. (Repealed)
71. Term of mining lease
72. Form of mining lease
Division 4 - Rights and duties under a mining lease
73. Rights under mining lease
74. (Repealed)
75. Ancillary mining activities
76. Fencing of land subject to mining lease
77. Addition of mineral to mineral mining lease
78. Inclusion of petroleum in mining lease
79, 80. (Repealed)
81. Surface activities in relation to subsurface leases
82. Certain resumptions, conveyances and transfers not to affect mining lease
83. Mining areas over which an authority is subsequently granted
Division 5 - Subleasing of mining leases
83A. Mining subleases
PART 6 - CONSOLIDATION OF MINING LEASES
Division 1 - Preliminary
84. Definitions
85. Existing leases that may be consolidated
Division 2 - Preparation and amendment of consolidated mining leases
86. Preparation of proposed lease
87. Amendment of proposed lease
Division 3 - Notification of Government agencies
88. Notification of Planning Secretary
89. (Repealed)
90. Subsequent amendment of proposed lease
91. Objections to granting of proposed mining lease
92. Resolution of objections
93. Granting of proposed lease if objection or proposal made
Division 4 - Notification of holder of existing leases
94. Notification of holder of existing leases
95. Subsequent amendment of proposed lease
96. Objections to granting of proposed lease
97. Consideration of objections
Division 5 - Granting of consolidated mining leases
98. Minister may grant consolidated mining lease
99. Land over which consolidated mining lease may be granted
100. Conditions of consolidated mining lease
101. Term of consolidated mining lease
102. Form of consolidated mining lease
103. Validity of consolidated mining lease not affected by certain defects
104. Application of this Act and other Acts to grant of consolidated mining leases
Division 6 - (Repealed)
None
Division 7 - Preservation of certain rights, liabilities etc on consolidation
108. Liability generally preserved
109. Saving of interest in existing leases
110. Councils and development consents
111. (Repealed)
112. Rights of way
PART 7 - RENEWAL, TRANSFER AND CANCELLATION OF AUTHORITIES
Division 1 - Renewal of authorities
113. Applications for renewal
114. Power of decision-maker in relation to renewal applications
114A. Power of decision-maker in relation to renewal applications for exploration licences
115. Notice of renewal to be served on holder of authority
116. Application to renew by only some holders of authority
117. Authority to have effect until application dealt with
118. Date from which renewal of authority has effect
119. Partial renewals
Division 2 - Transfer of authorities
120. Application for approval of transfer
121. Power of decision-maker in relation to transfer approval applications
122. Registration of transfers
123. (Repealed)
124. Caveats
Division 3 - Cancellation of authorities
125. Grounds of cancellation of authorities
126. Cancellations of authorities
127. Compensation for cancellation
128. Appeals against decisions concerning cancellations
PART 8 - AUTHORITIES GENERALLY
Division 1 - General procedures
129. Holder of authority must be at least 18
129A. Applications and tenders to be supported by proposed work program
130. Withdrawal of application
131. Pending applications
132. Disputes as to priority of applications
133. Nomination of authority holder by applicant or tenderer
134. Death etc of applicant
135. (Repealed)
136. Gazettal of certain matters
137. Limitation of challenges to decisions with respect to authorities
Division 2 - Access arrangements for prospecting titles
138. Application of Division
139. Arbitration Panel
140. Prospecting to be carried out in accordance with access arrangement
141. Matters for which access arrangement to provide
141A. Access code
141B. Application of mandatory provisions of access codes
142. Holder of prospecting title to seek access arrangement
142A. Notice to mortgagees of making of access arrangements
143. Appointment of arbitrator by agreement
144. Appointment of arbitrator in default of agreement
145. Arbitration process--mediation before arbitration hearing
145A. Mediation
145B. Arbitration hearing
146. Right of appearance
147. (Repealed)
148. Conduct of arbitration
148A. Approved arbitration procedures
148B. Site inspection by arbitrator
148C. Costs of landholder participation in mediation and arbitration
149. Interim determination by arbitrator
150. Further arbitration
151. Final determination by arbitrator
151A. Determination as to costs
152. Costs of mediation and arbitration hearing
153. Withdrawal from arbitration
154. Liability
155. Review of determination
156. Effect of access arrangement etc
156A. Register of arbitrated access arrangements
157. Variation of access arrangements
158. Change in landholders etc
158A. Court may determine access arrangement if already considering significant improvements etc
158B. Removal of Arbitration Panel arbitrator
Division 3 - Registration of interests and other matters
159. Records
160. Interest in authority to be created by instrument in writing
161. Registration of certain interests
162. Devolution of rights of holder of authority
163. Colliery holdings
163A. Registration of mining subleases
163B. Deregistration of mining subleases
Division 3A - Reports and records
163C. Reports
163D. Record-keeping
163E. Retention of records relating to authorisations
163F. Information provided, served or lodged by agents
163G. Samples of strata, minerals and water
Division 4 - Miscellaneous
164. Rights of way
165. Right of access to water
166. Use of water, timber and pasturage etc
167. Joint holders of authorities
168-169. (Repealed)
170. Settlement of certain disputes
171. Certain claims for damages prohibited
172. (Repealed)
172A. Effect of change of inner limit of coastal waters
PART 9 - MINERAL CLAIMS
Division 1 - Mineral claims districts
173. Constitution of mineral claims districts
173A. Ancillary orders
174. Notice of proposal to constitute mineral claims district
175. Special conditions
175A. Unlawful entry to site of mineral claim
175B. Court may make exclusion order against convicted persons
175C. Appeals against, and suspensions and annulments of, exclusion orders
175D. Offence of contravening exclusion order
Division 2 - Applications
176. Marking out of proposed claim area
177. Notice of intention to apply for mineral claim
178. Application for granting of mineral claim
179. Objection as to agricultural land
Division 3 - Restrictions on the grant of mineral claims
180. General restrictions
181. Exempted areas
182. Opal prospecting blocks, reserves, mineral allocation areas and controlled release areas
183. Land subject to authority
184. Land subject to exploration licence
185, 186. (Repealed)
187. Agricultural land
188. Dwelling-houses, gardens and significant improvements
189. Mineral claim not to be re-granted to former holder
Division 4 - Granting of mineral claims
190. Power of Secretary in relation to applications
191. Land over which mineral claim may be granted
192. (Repealed)
193. Term of mineral claim
194. Certificate of mineral claim
Division 5 - Rights and duties under a mineral claim
195. Rights under mineral claim
195A. (Repealed)
196. Claim areas over which authority is subsequently granted
Division 6 - Renewal, transfer and cancellation of mineral claims
197. Application for renewal of mineral claim
198. Determination of application for renewal of mineral claim
199. Partial renewal
199A. Term of renewal
200. Application for transfer of mineral claim
201. Determination of application for transfer of mineral claim
202. Devolution of rights of mineral claim
203. Grounds of cancellation
204. Cancellations of mineral claims
205. Compensation for cancellation of mineral claims
206. Review of decisions concerning cancellation of mineral claims
Division 7 - Miscellaneous
207. Holder of mineral claim must be at least 18
208. Withdrawal of application
209. Pending applications
210. Death etc of applicant for granting of mineral claim
210A. (Repealed)
210B. Limitation of challenges to decisions relating to mineral claims
211. Rights of way
212. Right of access to water
213. Use of water, timber and pasturage etc
214. Joint holders of mineral claims
215, 216. (Repealed)
217. Settlement of certain disputes
218. Certain claims for damages prohibited
218A. Records
218B. Registration of certain interests in mineral claims
219, 219A. (Repealed)
PART 10 - OPAL PROSPECTING LICENCES
Division 1 - Opal prospecting areas
220. Opal prospecting areas
221. Notification of landholders
222. Objections
223. Certain land not to be included in opal prospecting area
223A. Special conditions
224. Opal prospecting blocks
225. Map of opal prospecting area to be prepared
Division 2 - Opal prospecting licences
226. Applications for opal prospecting licences
227. Restrictions on grant of licence
228. Power of Secretary in relation to applications
229. (Repealed)
230. Term of licence
231. Form of licence
232. Rights under licence
232A. (Repealed)
233. Grounds of cancellation of opal prospecting licence
234. Cancellations
234A. Limitation of challenges to decisions relating to opal prospecting licences
Division 3 - Miscellaneous
235. Certain claims for damages prohibited
235A. Records
235B. (Repealed)
235C. Rights of way
235D. (Repealed)
235E. Pending applications
235F. Registration of certain interests in opal prospecting licences
236. (Repealed)
PART 10A - ACCESS MANAGEMENT PLANS FOR SMALL-SCALE TITLES
236A. Application of Part
236B. Declared areas
236C. Alternative procedures for making access management plan
236D. Matters for which access management plan to provide
236E. Miners' representative to seek access management plan
236F. Determination of access management plan by Secretary
236G. Determination of access management plan by Land and Environment Court
236H. Review of Secretary's determination
236I. Registration of access management plans
236J. Public notice of access management plans
236K. Commencement and operation of access management plan
236L. Replacement of access management plans
236M. Duration of access management plans
PART 11 - PROTECTION OF THE ENVIRONMENT
Divisions 1, 2
Division 3 - Environmental, rehabilitation and other directions
239E. Interpretation
240. Directions
240A. Prohibition notices
240AA. Direction to suspend operations and activity approvals
240B. Revocation or variation
240C. Breach of direction or notice
240D. Effect of direction
240E. Fee
241. Rehabilitation by Minister at holder's expense
242. Recovery of costs of rehabilitation
242AA. Prior notice of direction under section 240 or 240A not required
Division 3A - Derelict mine sites
242A. Declaration of derelict mine sites
242B. Rehabilitation of derelict mine site
242C. Derelict Mine Sites Fund
Division 4 - Directions to remove mining plant
243. Application of Division
244. Definitions
245. Clearing away of mining plant
246. Sale of mining plant
Division 5 - Rehabilitation and environmental management plans
Division 6 - Audits
246M. Relationship of this Division to other provisions
246N. Nature of audit
246O. Accreditation and regulation of auditors
246P. Conditions for mandatory audits
246Q. Certification of audit report
246R. Offences relating to audit information
246S. Self-incriminatory information not exempt
246T. Use of information
246U. Nature of voluntary audit
246V. Protected documents
246W. Nature of protection
246X. Lifting of protection
PART 12 - POWERS OF ENTRY AND INSPECTION
Division 1 - Preliminary
247. Purposes for which powers under Part may be exercised
247A. (Repealed)
248. Effect on other functions
Division 1A - Powers to require information and records
248A. Application of Division
248B. Requirement to provide information and records
Division 1B - Powers of entry and search
248C. Powers to enter premises
248D. Entry into residential premises only with permission or warrant
248E. Powers of inspectors to do things at premises
248F. Search warrants
248G. Inspectors may request assistance
248H. Assistance to be given to inspectors
248I. Care to be taken
248J. Compensation
248L. Power of inspectors to require answers
248M. Recording of evidence
248N. Power of inspectors to demand name and address
248NA. Application of Division
248O. (Repealed)
Division 1C - (Repealed)
None
Division 1D - Powers with respect to articles
248P. Definition
248Q. Application of Division
248R. Power to inspect and test
Division 1E - General
248S. Offences
248T. Provisions relating to requirements to furnish records or information or answer questions
248U. Revocation or variation
248V. (Repealed)
Division 2 - Entry in other circumstances
249. Entry on land to comply with environmental, rehabilitation and other directions and for other purposes
250. Surveys and ore sampling
251. (Repealed)
252. Environmental assessment
253. Encroachments by mining works
254. Permit to enter land
Division 3 - Exercise of power of entry
255. (Repealed)
255A. Restriction of power of entry: permit holders
256. Entry into residential premises only with permission
257. Obstruction
Division 4 - Miscellaneous
258. Conditions of permit
259. Term of permit
260. Form of permit
261. Cancellation of permit
PART 12A - SECURITY DEPOSITS
261A. Definitions
261B. Security deposit conditions
261BA. Security may be required before application for authorisation is granted or renewed
261BAA. Security may be required before transfer of authorities
261BB. Amount of security deposit
261BC. Secretary may assess amount of security deposit
261BD. Application for review of assessed deposit
261BE. Review of assessed deposit by Minister
261BF. Minimum deposit
261C. Content of security deposit condition
261D. Form and amount of security deposit
261E. Security deposit can be taken to be provided for consolidated mining lease or multiple authorisations
261F. Claim on and use of security deposit
261G. Lapsing of security deposit requirement and return of money
261H. Security deposit not to affect other action
261I. Regulations in relation to security deposits
PART 13 - COMPENSATION
Division 1 - Prospecting and mining
262. Definitions
263. Compensation arising under exploration licence
264. Compensation arising under assessment lease
265. Compensation arising under mining lease
266. Compensation arising under small-scale title
267. (Repealed)
267A. Effect of determination and payment of compensation under provisions of Commonwealth Native Title Act
268. Compensation payable on transfer of certain authorities etc
Division 2 - Environmental assessment
269. Definitions
270. Compensation arising under environmental assessment permit
Division 3 - Procedure for assessing compensation
271. Definitions
272. Assessment of compensation
273. Payment into court
274. Payment out of court
275. Procedure for making assessment
276. Additional assessment
277. Directions to furnish names and addresses
278. (Repealed)
Division 4 - Consolidated mining leases
279. Compensation not payable on consolidation
280. Compensation already due not affected by consolidation
281. Compensation for further loss
Division 5 - Native title compensation payable by holders of authorities
281A. Application of Division
281B. Compensation payable by holders of authority
PART 14 - ROYALTY
Division 1 - Publicly owned minerals
282. Liability to pay royalty--publicly owned minerals
283. Rate of royalty
Division 2 - Privately owned minerals
284. Liability to pay royalty--privately owned minerals
285. Rate of royalty
Division 3 - Petroleum
286. Royalty payable on petroleum recovered under mining lease for coal
Division 3A - Coal reject
286A. Definition of coal reject
286B. Royalty on coal in coal reject
286C. Rate of royalty
286D. Evidentiary matters
Division 4 - Miscellaneous
287. Exemption from royalty
287A. Waiver of payment of additional royalty for coal
288. Trust fund
289. Returns
290. (Repealed)
291. Payment of royalty
291A. Assessment and recovery of royalties
292. Disclosure of royalty information
PART 14A - FEES
Division 1 - Preliminary
292A. Interpretation
292B. (Repealed)
Division 2 - Fees payable for authorisation
292C. Fees payable in respect of authorisation
292D. Authorisation fees payable by holder of authorisation
Division 3 - Annual rental fee
292E. Payment of annual rental fee
292F. Amount of annual rental fee
292G. Exemptions
Division 4 - Administrative levy
292H. Definitions
292I. Payment of annual administrative levy
292J. Liability for term administrative levy (small-scale titles)
292K. Amount of annual administrative levy
292L. (Repealed)
292M. Amount of term administrative levy
292N. Exemptions
Division 5 - General
292O. Assessment of liability
292P. Recovery of fees
292Q. (Repealed)
292R. Late payment fee
292RA. Consultation before regulations regarding fees are made
292S. Effect of cancellation or suspension
PART 14AA - SMALL-SCALE TITLE LEVIES
292SA. Levy may be imposed by Minister
292SB. Orders imposing levy
292SC. Holder of small-scale title required to pay levy
292SD. Use of money raised through levy
PART 14B - FINANCE
Note
292T. Minerals and Petroleum Investment Fund
292U. Minerals and Petroleum Administrative Fund
292V. Small-Scale Titles Levy Fund
292W. Royalties for Rejuvenation Fund
292X. Royalties for Rejuvenation Expert Panel
292Y. Coal Authorities Allocations Fund
PART 15 - LAND AND ENVIRONMENT COURT PROCEEDINGS
293. Jurisdiction of Land and Environment Court
294. Land and Environment Court may order deposit of mineral etc
295. Land and Environment Court may grant injunction
296. Granting of injunctions in cases of urgency
297. Orders protecting adjacent authorities and mineral claims
298. Court may order payment of money or delivery of mineral
299-340. (Repealed)
PART 16 - (Repealed)
None
PART 17 - ADMINISTRATION
Division 1 - Administration
359. Boards of management
360. (Repealed)
361. Appointment of inspectors
361A. Identification
361B. Extraterritorial exercise of functions
362. Exclusion of personal liability
363. Delegation of functions by Minister or Secretary
364. Minister or official not to be interested in authority or small-scale title
364A. Documents or information provided under conditions requiring reporting
365. Disclosure of information
365A. Exchange of information
Division 2 - Classification of lands
366. Mining divisions
367. Reserves
368. Mineral allocation areas
368A. Controlled release areas
369. (Repealed)
369A. Fossicking districts
370. (Repealed)
371. Points to be ascertained by reference to Geocentric Datum of Australia
Division 3 - (Repealed)
None
Division 4 - Miscellaneous
376. Crown authorisations
377. Museums and laboratories
378. Purchase of coal bearing land
PART 17A - OFFENCES, ENFORCEMENT AND UNDERTAKINGS ABOUT CONTRAVENTIONS
Division 1 - Offences
378A. Obstruction
378B. Obstruction of holder of authorisation
378C. Providing false or misleading information
378D. Contravention of condition of authorisation--offence by holder
378E. Defences
378EA. Aiding and abetting commission of offence
378F. Liability of directors etc for offences by corporation--offences attracting executive liability
378FA. Liability of directors etc for offences by corporation--accessory to the commission of the offences
378G. Continuing offences
Division 2 - Proceedings for offences
378H. Proceedings for offences
378I. Time within which summary proceedings may be commenced
378K. Penalty notices for offences
Division 3 - Restraining orders
378L. Application of Division
378M. Nature of restraining order
378N. Application for restraining order
378O. Making of restraining order
378P. Undertakings
378Q. Ancillary orders
378R. Charge on property subject to restraining orders
378S. Registration of restraining orders
378T. Recovery of costs of registering charge on land
378U. Recovery of costs of lodging caveat
378V. Contravention of restraining orders
378W. Court may revoke restraining order
378X. Time when restraining order ceases to be in force
Division 4 - Court orders in connection with offences
378Y. Operation of Division
378Z. Orders generally
378ZA. Orders for costs, expenses and compensation at time offence proved
378ZB. Recovery of costs, expenses and compensation after offence proved
378ZC. Orders regarding costs and expenses of investigation
378ZD. Orders regarding other monetary benefits
378ZE. Additional orders
378ZF. Offence
Division 4A - Court orders in connection with suspected contravention
378ZFA. Order for recovery of costs related to prospecting or mining without authorisation
Division 4B - Enforceable undertakings
378ZFB. Secretary may accept enforceable undertakings
378ZFC. Notice of decision and reasons for decision
378ZFD. When an enforceable undertaking is enforceable
378ZFE. Compliance with enforceable undertaking
378ZFF. Contravention of enforceable undertaking
378ZFG. Withdrawal or variation of enforceable undertaking
378ZFH. Proceeding for alleged contravention
Division 5 - Evidentiary provisions
378ZG. Certificate evidence of certain matters
PART 18 - SUPPLEMENTARY
Division 1 - General
379. Saving of royal prerogative
379AA. Uranium the property of the Crown
379AB. Coal the property of the Crown
379A. Certain licences and leases not personal property under Personal Property Securities Act 2009 (Cth)
380. Saving of other Acts etc
380AA. Restrictions on planning applications for coal mining
380A. (Repealed)
381. Prospecting unaffected by environmental planning instruments
381A. Biobank sites
381B. Incomplete applications
382. Applications, tenders and giving of documents and information generally
382A. Waiver or refund of fees and charges
382B. Amendment of applications
383. Service of documents
383A. Service of documents on native title holders
383B. Consent of landholders and others
383C. General immunity of landholders
384. Defence in proceedings for defamation
385. Payment of compensation
386. Recovery of unpaid fees etc
387. Government agencies
387A. Application of Act to former minerals
387B. Extraterritorial application
387C. Waiver of procedural matters
388. Regulations
389. Repeals
389A. Review of Royalties for Rejuvenation Fund
390. References to certain officers in mining titles
391. Savings, transitional and other provisions
Division 2 - Declarations about persons not fit and proper
392. Interpretation
393. Declarations that certain persons are not fit and proper persons for authorisations
394. Decisions about declared persons and associated authorisations
395. Review of decisions
396. Miscellaneous
SCHEDULE 1A
SCHEDULE 1B
SCHEDULE 1
SCHEDULE 2
Schedule 3 (Repealed)
SCHEDULE 4
Schedule 5 (Repealed)
SCHEDULE 6
SCHEDULE 6A
Schedule 7 (Repealed)
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