FORM 4

UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

    Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b).

STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP

Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(h) of the Investment Company Act of 1940

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Filed By Romeo & Dye's Instant Form 4 Filer
www.section16.net

1. Name and Address of Reporting Person*

Harquail, David

2. Issuer Name and Ticker or Trading Symbol
Newmont Mining Corporation NEM

6. Relationship of Reporting Person(s)
to Issuer (Check all applicable)
    Director                                       10% Owner
X Officer (give title below)          Other (specify below)

President and Managing Director, Newmont Capital Limited, an indirect wholly owned subsidiary of the Issuer

(Last)      (First)     (Middle)

1700 Lincoln Street
 

3. I.R.S. Identification Number
of Reporting Person,
if an entity (voluntary)

(Street)

Denver, CO 80203

(City)     (State)     (Zip)

Table I — Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned

1. Title of Security
(Instr. 3)

2. Trans-
action
Date
(Month/ Day/
Year)

2A. Deemed
Execution
Date,
if any
(Month/Day/
Year)

3. Trans-
action Code
(Instr. 8)

4. Securities Acquired (A) or Disposed of (D)
(Instr. 3, 4 & 5)

5. Amount of
Securities
Beneficially
Owned Follow-
ing Reported Transactions(s)
(Instr. 3 & 4)

6. Owner-
ship Form:
Direct (D)
or Indirect (I)
(Instr. 4)

7. Nature of Indirect
Beneficial Ownership
(Instr. 4)

Code

V

Amount

(A)
or
(D)

Price

Common Stock ($1.60 par value)

12/30/02

M

64,000

A

14.69

Common Stock ($1.60 par value)

12/30/02

M

49,280

A

10.72

Common Stock ($1.60 par value)

12/30/02

J

10,300⁽¹⁾

10,300

I

by spouse's retirement plan

Common Stock ($1.60 par value)

12/30/02

J

11,447⁽²⁾

11,447

I

by retirement plan

Common Stock ($1.60 par value)

12/30/02

J

91,533

91,533

D

Exchangeable Shares (3)

3,120

I

by spouse's retirement plan

Exchangeable Shares ⁽³⁾

4,043

I

by retirement plan

Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned
(e.g., puts, calls, warrants, options, convertible securities)

1. Title of Derivative Security

(Instr. 3)

2. Conver-
sion or
Exercise
Price of Derivative Security

3. Trans-
action Date

(Month/
Day/
Year)

4. Trans-
action
Code

(Instr. 8)

5. Number of Derivative Securities Acquired (A) or Disposed of (D)

(Instr. 3, 4 & 5)

6. Date Exercisable
and Expiration
Date
(Month/Day/
Year)

7. Title and Amount of Underlying Securities
(Instr. 3 & 4)

8. Price of Derivative Security
(Instr. 5)

9. Number of
Derivative
Securities
Beneficially
Owned
Following
Reported Transaction(s)
(Instr. 4)

10. Owner-
ship Form
of Deriv-
ative
Security:
Direct (D)
or Indirect (I)
(Instr. 4)

11. Nature of Indirect Beneficial Ownership
(Instr. 4)

Code

V

(A)

(D)

Date Exer-cisable

Expira-
tion
Date

Title

Amount or Number of
Shares

Stock Option (right to buy)

14.69

12/30/02

M

64,000

 ⁽⁴⁾

6/26/05

Common Stock

64,000

0

Stock Option (right to buy)

10.72

12/30/02

M

49,280

 ⁽⁵⁾

6/26/05

Common Stock

49,280

0

Explanation of Responses:

(1) Upon exercise of the reporting person's stock option, the reporting person deposited 10,300 shares in the reporting person's spouse retirement plan.
(2) Upon exercise of the reporting person's stock options, the reporting person deposited 11,447 shares in the reporting person's retirement plan.
(3) The Exchangeable Shares are shares of stock of 4011686 Canada Inc., a corporation existing under the laws of Canada and wholly owned subsidiary of the Issuer, that are convertible into common stock of the Issuer on a one-for-one basis at the option of the holder, pursuant to the terms set forth in the provisions attaching to the Exchangeable Shares (the "Provisions") set forth as Appendix 1 to Schedule B of that certain Arrangement Agreement, dated November 14, 2001, between Franco-Nevada Mining Corporation Limited and Newmont USA Limited (formerly known as Newmont Gold Company and formerly known as Newmont Mining Corporation). Pursuant to that certain Voting and Exchange Trust Agreement between the Issuer, 4011686 Canada Inc. and Computershare Trust Company of Canada Limited (the "Trustee"), holders of Exchangeable Shares are entitled to direct the Trustee to cast the votes attaching to the share of the Special Voting Stock of the Isuser held by the Trustee, on all matters submitted to the stockholders of the Issuer. The Exchangeable Shares remain exchangeable at the option of the holder until redeemed by the Issuer pursuant to, and subject to the conditions of, the Provisions.
(4) This option vested pursuant to the Plan of Arrangement between Franco-Nevada Mining Corporation Limited and Newmont Mining Corporation dated November 14, 2002.
(5) This option vested pursuant to the Plan of Arrangement between Franco-Nevada Mining Corporation Limited and Newmont Mining Corporation dated November 14, 2002.
(6) David Harquail has executed a power of attorney, a copy of which has been previously filed, that authorizes Ardis Young to sign this Form 4 on his behalf.

**Intentional misstatements or omissions of facts constitute Federal Criminal Violations.
See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a).

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