Mineral Resources Act 1989 (Qld)

Mineral Resources Act 1989

An Act to provide for the assessment, development and utilisation of mineral resources to the maximum extent practicable consistent with sound economic and land use management

Chapter 1    Preliminary

Part 1    Introduction

1   Short title

This Act may be cited as the Mineral Resources Act 1989.

2   Objectives of Act

The principal objectives of this Act are to—

(a)encourage and facilitate prospecting and exploring for and mining of minerals;

(b)enhance knowledge of the mineral resources of the State;

(c)minimise land use conflict with respect to prospecting, exploring and mining;

(d)encourage environmental responsibility in prospecting, exploring and mining;

(e)ensure an appropriate financial return to the State from mining;

(f)provide an administrative framework to expedite and regulate prospecting and exploring for and mining of minerals;

(g)encourage responsible land care management in prospecting, exploring and mining.

Part 2    Application of Act generally etc.

3   Application of Act to Commonwealth land and coastal waters of the State

(1)To the extent that the Parliament of the Commonwealth shall have from time to time vested in the Crown in right of Queensland jurisdiction to make such laws with respect thereto, this Act applies in respect of the sea bed and subsoil beneath the internal waters of Australia and beneath the baseline waters of the State and to waters above that sea bed as if that sea bed and subsoil were land within Queensland.

(2)This Act applies in respect of land of or vested in the Commonwealth to the extent that from time to time the Parliament of the Commonwealth shall determine.

(3)Subsections (1) and (2) shall not be construed to authorise prospecting, exploration or mining of the sea bed and subsoil that by a law of the Commonwealth is excluded from the application of this Act (whether by reference to this Act or to the subject matter of this Act) to the extent of that exclusion.

(4)In this section—

baseline waters means the waters between the mean low water springs level and the inside of the baseline under the Offshore Minerals Act 1998, section 16.

3A   Relationship with petroleum legislation

(1)This section does not apply to a coal or oil shale mining tenement.

Note—

1For the relationship between this Act and the Petroleum and Gas (Production and Safety) Act—

(a)in relation to coal or oil shale mining tenements, see chapter 8; or

(b)otherwise, see the Petroleum and Gas (Production and Safety) Act, section 6 (Relationship with Mineral Resources Act).

2See also section 386W for the relationship between carrying out activities under section 386V and authorised activities for petroleum authorities or 1923 Act petroleum tenures.

(2)Subject to subsections (3) to (9), the Petroleum Act 1923 and the Petroleum and Gas (Production and Safety) Act do not limit or otherwise affect—

(a)the power under this Act to grant or renew a mining tenement over land (the overlapping land) in the area of a petroleum authority; or

(b)a mining tenement already granted over land (also the overlapping land) in the area of an existing petroleum authority.

(3)If the petroleum authority is a petroleum lease or petroleum facility licence and the mining tenement is an exploration permit, mineral development licence, or mining lease, an authorised activity for the mining tenement may be carried out on the overlapping land only if—

(a)the petroleum lease or petroleum facility licence holder has agreed in writing to the carrying out of the activity; and

(b)a copy of the agreement has been lodged; and

Note—

For other relevant provisions about lodging documents, see section 386O.

(c)the agreement is still in force.

(4)If the petroleum authority is a petroleum lease and the mining tenement is a prospecting permit or mining claim, an authorised activity for the mining tenement may be carried out on the overlapping land only if carrying out the activity does not adversely affect the carrying out of an authorised activity for the petroleum lease.

(5)Subsection (4) applies whether or not the authorised activity for the petroleum lease has already started.

(6)If the petroleum authority is an authority to prospect or pipeline licence and the mining tenement is not a mining lease, an authorised activity for the mining tenement may be carried out on the overlapping land only if—

(a)the authority to prospect or pipeline licence holder has agreed in writing to the carrying out of the activity, a copy of the agreement has been lodged and the agreement is still in force; or

(b)carrying out the activity does not adversely affect the carrying out of an authorised activity for the authority to prospect that has already started.

(7)If the petroleum authority is an authority to prospect and the mining tenement is a mining lease, an authorised activity for the authority to prospect may be carried out on the overlapping land only if—

(a)the mining lease holder has agreed in writing to the carrying out of the activity; and

(b)a copy of the agreement has been lodged; and

(c)the agreement is still in force.

(8)Subsection (7) does not apply, or ceases to apply, if the same person holds the authority and the mining lease.

(9)This section applies despite any other provision of this Act.

3B   Relationship with Geothermal Energy Act 2010 and Greenhouse Gas Storage Act 2009

The relationship between this Act, the Geothermal Energy Act 2010 (the Geothermal Act), the Greenhouse Gas Storage Act 2009 (the GHG storage Act) and authorities under them is provided for under—

(a)chapter 9; and

(b)the Geothermal Act, chapter 5; and

(c)the GHG storage Act, chapter 4.

3BA   Relationship with Common Provisions Act

The relationship between this Act and the Common Provisions Act is provided for under the Common Provisions Act, section 6.

3BB    Relationship with Nature Conservation Act 1992

This Act is subject to the Nature Conservation Act 1992, sections 27 and 70QA.

3C   Declaration for Commonwealth Act

A mining tenement is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth).

4   Effect of change of baseline

(1)If—

(a)an offshore area is in the area of an exploration permit, mineral development licence or mining lease (the mining tenement); and

(b)there is a change to the inner limit of the coastal waters of the State as defined in the Offshore Minerals Act 1998, section 16(1) and (2); and

(c)as a result of the change, the offshore area comes within those coastal waters;

this Act applies, while the mining tenement or any successor mining tenement remains in force, as if the area were still within the offshore area.

(2)If—

(a)a mining lease takes effect immediately after an exploration permit expires; and

(b)the holder of the mining lease immediately after it takes effect was the holder of the exploration permit immediately before it expired;

the mining lease is a successor mining tenement to the exploration permit for subsection (1).

(3)If—

(a)a mineral development licence takes effect immediately after an exploration permit expires; and

(b)the holder of the mineral development licence immediately after it takes effect was the holder of the exploration permit immediately before it expired;

the mineral development licence is a successor mining tenement to the exploration permit for subsection (1).

(4)If—

(a)a mining lease takes effect immediately after a mineral development licence expires; and

(b)the mineral development licence took effect immediately after an exploration permit expired; and

(c)the holder of the mining lease immediately after it takes effect was the holder of the mineral development licence immediately before it expired; and

(d)the holder of the mineral development licence immediately after it took effect was the holder of the exploration permit immediately before it expired;

the mining lease is a successor mining tenement to the exploration permit and the mineral development licence for subsection (1).

(5)In this section—

offshore area means an area of the sea bed and subsoil to which the Act applies.

Part 3    Relationship with Planning Act

4A   Effect on development

(1)Subject to subsections (2) and (3), the Planning Act does not apply to development authorised under this Act.

(2)The Planning Act applies to development on a Queensland heritage place under the Heritage Act even if development of the place is authorised under this Act.

(3)The Planning Act applies to building work under the Building Act 1975 that is authorised under this Act, including under a mining tenement.

(4)However, the building work is taken to be accepted development for the Planning Act to the extent the building work—

(a)would, other than for this subsection, be assessable development under the Planning Act; and

(b)complies with the relevant provisions for the building work.

(5)In this section—

relevant provisions, for building work, see the Building Act 1975, section 21(5).

4B   Notice to local government and chief executive (planning) of particular mining tenements

(1)This section applies if a mining claim, mineral development licence or mining lease (the mining tenement) is granted or renewed.

(2)The chief executive must give notice of the mining tenement to—

(a)each local government in whose area the area of the tenement is situated; and

(b)the chief executive (planning).

(3)An entity given a notice under subsection (2) must make a note on each relevant map in the local government’s planning scheme held by the entity.

(4)The note must—

(a)identify the area of the mining tenement; and

(b)state that the Planning Act does not apply to development in the area authorised under this Act, other than development on a Queensland heritage place under the Heritage Act; and

(c)state that interested persons may obtain details of the mining tenement from the chief executive of the department in which this Act is administered.

(5)In this section—

chief executive (planning) means the chief executive of the department in which the Planning Act is administered.

Part 4    Interpretation

5   Definitions

The dictionary in schedule 2 defines particular words used in this Act.

6   Meaning of mineral

(1)A mineral is a substance—

(a)normally occurring naturally as part of the earth’s crust; or

(b)dissolved or suspended in water on or within the earth’s crust; or

(c)that may be extracted from a substance mentioned in paragraph (a) or (b).

(2)Subject to subsection (3), each of the following is a mineral—

(a)any type of clay;

(b)foundry sand;

(c)coal seam gas;

Notes—

1For what is coal seam gas and incidental coal seam gas, see section 318AC.

2See also chapter 8, part 8, division 1.

(d)limestone;

(e)marble;

(f)a product that may be extracted or produced by an underground gasification process for coal or oil shale (mineral (f)) and another product that may result from the carrying out of the process (also mineral (f));

Examples of underground gasification processes—

combustion, consumption, heating, leaching and reaction

Example of another product—

gas desorbed as a result of an underground gasification process

Note—

See chapter 12, part 4A for the moratorium relating to mineral (f).

(g)peat;

(h)salt, including brine;

(i)oil shale;

Note—

For what is oil shale, see section 318AD.

(j)silica, including silica sand;

(k)rock mined in block or slab form for building or monumental purposes.

(3)Despite subsections (1) and (2)—

(a)clay (other than kaolin and bentonite) is only a mineral if it is mined for use for its ceramic properties; and

Examples of uses of clay for its ceramic properties—

•for brick or tile making

•for pottery making

(b)limestone, silica and silica sand is only a mineral if it is mined for use for its chemical properties; and

(c)mineral (f) is only a mineral if—

(i)the coal or oil shale, from which it is extracted or produced, is held under a mineral development licence and it has been added to the licence under section 208; or

(ii)the coal or oil shale, from which it is extracted or produced, is held under a mining lease and it is specified in the lease; and

Note—

See chapter 12, part 4A for the moratorium relating to mineral (f).

(d)each of the following is not a mineral—

(i)soil, sand, gravel or rock (other than rock mentioned in subsection (2)(k)) if it is to be used, or to be supplied for use, as sand, gravel or rock, whether intact or in broken form;

(ii)living matter;

(iii)steam or water.

6A   Meaning of mine

(1)Mine means to carry on an operation with a view to, or for the purpose of—

(a)winning mineral from a place where it occurs; or

(b)extracting mineral from its natural state; or

(c)disposing of mineral in connection with, or waste substances resulting from, the winning or extraction.

(2)For subsection (1), extracting includes the physical, chemical, electrical, magnetic or other way of separation of a mineral.

(3)Extracting includes, for example, crushing, grinding, concentrating, screening, washing, jigging, tabling, electrowinning, solvent extraction electrowinning (SX–EW), heap leaching, flotation, fluidised bedding, carbon-in-leach (CIL) and carbon-in-pulp (CIP) processing.

(4)However, extracting does not include—

(a)a process in a smelter, refinery or anywhere else by which mineral is changed to another substance; or

(b)testing or assaying small quantities of mineral in teaching institutions or laboratories, other than laboratories situated in the area of a mining lease; or

(c)an activity, prescribed under a regulation, that is not directly associated with winning mineral from a place where it occurs.

(5)For subsection (1), disposing includes, for example, the disposal of tailings and waste rock.

(6)A regulation under subsection (4)(c) may prescribe an activity by reference to the quantities of minerals extracted or to any other specified circumstances.

6B   Meaning of prospect

(1)Prospect means take action to find out about the existence, quality or quantity of minerals on, in or under land by—

(a)using a metal detector or a similar handheld instrument; or

(b)sampling using only handheld implements, including, for example, hammers, hand augers, panning dishes, picks, shakers, shovels and sieves.

(2)However, prospect does not include taking action that is—

(a)hand mining; or

(b)the removal of minerals for their sale.

6C   What is carrying out improvement restoration

(1)To carry out improvement restoration, for a mining tenement, means to repair any damage caused by an activity under the tenement to all pre-existing improvements on, or attached to, the area of the tenement by—

(a)restoring them to the same, or substantially the same, condition they were in before the damage happened; or

(b)replacing them with another improvement in the condition mentioned in paragraph (a).

(2)For subsection (1), damage does not include damage to which a requirement to rehabilitate or remediate under the Environmental Protection Act applies.

6D   Types of authority under Act

The types of authority under this Act are—

(a)a prospecting permit; and

(b)a mining claim; and

(c)an exploration permit; and

(d)a mineral development licence; and

(e)a mining lease.

7   When educational institution is an eligible person

The Minister may treat an educational institution as an eligible person under this Act to enable it to apply for and hold a prospecting permit, mining claim or mining lease only if the Minister is satisfied the activities it intends to carry out under the permit, claim or lease are educational or training activities.

7A   [Repealed]

7B   [Repealed]

Part 5    General provisions for minerals and mining tenements

8   Crown’s property in minerals

(1)Gold on or below the surface of land is the property of the Crown.

(2)Coal—

(a)on or below the surface of land that was acquired by the Crown as provided in the Agricultural Lands Special Purchase Act 1901 and subsequently alienated in fee simple by the Crown is the property of the Crown;

(b)on or below the surface of land (other than land referred to in paragraph (a)) is the property of the Crown except where that land was alienated in fee simple by the Crown before 1 March 1910 and the grant of that land did not contain a reservation to the Crown of the property in that coal.

(3)All minerals (other than coal and gold but including minerals dissolved or suspended in water within or upon the earth’s crust) on or below the surface of land in Queensland other than land alienated in fee simple by the Crown pursuant to—

(a)the Alienation of Crown Lands Act 1860, section 22; or

(b)the Crown Lands Alienation Act 1868, section 32; or

(c)the Mineral Lands Act 1872, section 21;

are the property of the Crown.

(4)Each deed of grant or lease of unallocated State land must contain a reservation of—

(a)minerals on and below the surface of the land; and

(b)the right of access for prospecting, exploring or mining.

(5)Mineral on or below the surface of land that is or becomes road is (to the extent that the mineral, but for this subsection would not be the property of the Crown) on and from the date the land becomes or became road, the property of the Crown.

(6)Where land to a specified depth only is or becomes road, subsection (5) applies in respect only of mineral in or below the surface of that land to the specified depth.

(7)Nothing in subsections (5) and (6) shall be construed as abrogating any right that the owner of land whose land is compulsorily acquired after the commencement of this Act for the purpose of being used as a road may have under any other Act or law to compensation in respect of that acquisition.

9   Exclusive right of Crown to grant mining leases etc. irrespective of ownership of mineral

(1)A person is not competent to grant a lease or to enter into an agreement or arrangement, whether for valuable consideration or otherwise (other than an agreement referred to in section 320(2)(a) or (b)) authorising the prospecting or exploring for mineral or the mining of any mineral therefrom notwithstanding that the mineral is not the property of the Crown.

(2)For the purposes of subsection (1) a compensation agreement entered into pursuant to this Act does not authorise prospecting, exploring or mining.

(3)Subject to this Act, a mining tenement may be granted over land even though—

(a)a deed of grant in fee simple from the State may or may not contain a reservation to the State of the relevant mineral on or below the surface of the land; or

(b)the relevant mineral is not the property of the State.

(4)Notwithstanding the other provisions of this Act, a person who undertakes any airborne activity to determine the existence of minerals shall notify the Minister after the completion of that activity and shall furnish the Minister such data as the Minister may determine in the particular case.

10   Act does not create estates in land

The grant of a mining tenement under this Act does not create an estate or interest in land.

10AAA    Extinguishing mining tenement interests on the taking of land in a mining tenement’s area (other than by an easement)

(1)This section applies to the taking of land, other than by taking or otherwise creating an easement, under a resumption law.

(2)Despite any other Act, the taking of land does not extinguish mining tenement interests other than to the extent, if any, provided for in the resumption notice for the taking of the land.

(3)The resumption notice for the taking of land may provide for the extinguishment of a mining tenement interest on the taking only to the extent the relevant Minister for the taking is satisfied the interest is incompatible with the purpose for which the land is taken.

(4)Without limiting the application of subsection (3), the relevant Minister may be satisfied a mining tenement interest is incompatible with the purpose for which the land is taken if, for that purpose, it is necessary to extinguish all interests in the land, including native title rights and interests.

(5)A mining tenement interest may be—

(a)wholly extinguished; or

(b)partially extinguished by—

(i)excluding land from the land the subject of the interest; or

(ii)prohibiting the carrying out of activities by the holder of the interest.

(6)The resumption notice for the taking of land may provide for the extinguishment of mining tenement interests by reference to either or both of the following—

(a)stated land, which—

(i)may be all or part of the land that is taken; and

(ii)if the stated land is only part of the land that is taken—may be described in the resumption notice in any way, including, for example—

(A)as a shape that does not constitute a block or sub-block; or

(B)by using 3 dimensionally located points to identify the position, shape and dimensions of each boundary;

(b)stated mining tenement interests, which may be all mining tenement interests or mining tenement interests of a particular type.

(7)For the taking of land for which mining tenement interests are extinguished as provided by this section—

(a)each person’s interest in an extinguished mining tenement interest is converted into a right to claim compensation under the resumption law; and

(b)the resumption law applies with necessary and convenient changes and with the changes mentioned in subsections (8) and (9) and section 10AAD.

(8)The notice of intention to resume for the proposed taking of the land must state the extent to which the mining tenement interests are proposed to be extinguished.

(9)The entity taking the land must give the chief executive a written notice that—

(a)states the details of the extinguishment; and

(b)asks for the extinguishment to be recorded in the register; and

(c)is accompanied by a certified copy of the resumption notice.

(10)In this section—

certified copy, of the resumption notice, means a copy of the original of the notice that has been certified by a justice of the peace as being a correct copy of the original notice.

relevant Minister, for the taking of land under a resumption law, means—

(a)if the land is taken under the process stated in the ALA (whether the land is taken under the ALA or another resumption law)—the Minister to whom the application that the land be taken is made under section 9 of that Act; or

(b)otherwise—the Minister administering the resumption law under which the land is, or is to be, taken.

10AAB    Effect of extinguishment of mining tenement interests on the taking of land in a mining tenement’s area (other than by an easement)

(1)This section applies if, under section 10AAA, the resumption notice for the taking of land (other than by taking or otherwise creating an easement) under a resumption law provides for the extinguishment of mining tenement interests for stated land.

(2)If the resumption notice states that all mining tenement interests relating to the stated land are extinguished and a mining tenement interest relates only to the stated land, the interest is wholly extinguished.

(3)If the resumption notice states that all mining tenement interests relating to the stated land are extinguished and a mining tenement interest relates to the stated land and other land—

(a)the stated land is no longer the subject of the interest; and

(b)without limiting paragraph (a)—

(i)the stated land is excluded from the area of the mining tenement comprising the interest, or under or in relation to which the interest exists; and

(ii)this Act applies in relation to the area of the mining tenement with necessary and convenient changes to allow for the exclusion of the stated land, including, for example, to allow the area—

(A)to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area; or

(B)to comprise land that is not contiguous; and

(iii)for this Act, land in the area of the mining tenement is taken to be contiguous if the land would be contiguous but for the exclusion of the stated land.

(4)If the resumption notice states that the carrying out of stated activities on the stated land by holders of stated mining tenement interests is prohibited, the holder of a stated mining tenement interest is not, or is no longer, authorised to carry out the stated activities on the stated land.

(5)However, subsections (3) and (4) do not apply in relation to a mining tenement interest that comprises, or exists under or in relation to, a new or renewed mining tenement granted after the land is taken.

10AAC    Applications relating to land taken under a resumption law for which mining tenement interests were extinguished

(1)The decision-maker for an application for a new mining tenement may, under a grant provision, grant a new mining tenement for an area that includes acquired land only if the decision-maker, after consulting the entity that took the land, is satisfied the grant of the tenement is compatible with the purpose for which the land is being or is to be used.

(2)If there are 2 or more applications under this Act for the grant, under a grant provision, of a new mining tenement for an area that includes the same acquired land, the applications are to be dealt with as follows—

(a)the applications must be considered and decided according to the day on which they are lodged;

(b)if the applications were lodged on the same day—

(i)they take the priority the decision-maker decides, after considering the relative merits of each application; and

(ii)the chief executive must give each applicant a written notice stating there is competition for priority between the applicant’s application and another application, or other applications, lodged on the same day as the day on which the applicant’s application was lodged.

(3)If a grant provision provides for the grant of a new mining tenement (the new tenement) over land in the area of an existing mining tenement (the existing tenement)—

(a)the application under this Act for the new tenement may include acquired land that was, immediately before the taking of the land, in the existing tenement’s area; and

(b)subject to subsections (1) and (2), the decision-maker for the application may grant a new tenement for an area that includes the acquired land as if the acquired land were in the existing tenement’s area.

(4)To remove any doubt, it is declared that this section does not affect the operation of the provisions of this Act about the application for, and grant of, a new mining tenement other than to the extent provided for in subsections (1) to (3).

(5)In this section—

decision-maker, for an application for a new mining tenement, means the entity responsible for granting the tenement.

grant provision means a provision of this Act providing for the grant of a new mining tenement.

new mining tenement includes a renewed mining tenement.

10AAD    Compensation for effect of taking of land in a mining tenement’s area on mining tenement interests

(1)This section applies if land in a mining tenement’s area is taken under a resumption law (including by taking or otherwise creating an easement).

(2)In assessing any compensation to be paid to the holder of a mining tenement interest in relation to the taking of the land, allowance can not be made for the value of minerals known or supposed to be on or below the surface of, or mined from, the land.

10AA   Joint holders of mining tenement

(1)A mining tenement may be held by 2 or more persons as joint tenants or as tenants in common.

(2)If—

(a)any of the following applications are made for more than 1 proposed holder or transferee—

(i)an application for a mining tenement;

(ii)an application transfer;

(iii)an application to register a transfer of a mining tenement under the Common Provisions Act; and

(b)the application does not show whether the proposed holders or transferees are to hold as joint tenants or as tenants in common; and

(c)the mining tenement or approval is granted;

the chief executive must record in the register that the holders or transferees hold the mining tenement as tenants in common.

(3)In this section—

mining tenement includes an interest in a mining tenement.

10A   Extension of certain entitlements to registered native title bodies corporate and registered native title claimants

(1)To the extent that a provision of chapter 2, other than section 19(1) or 34, applies to a prospecting permit granted only for pegging purposes, a reference in the provision to the owner of land is taken to include a reference to any registered native title body corporate under the Commonwealth Native Title Act in relation to any of the land.

(2)To the extent that section 31 applies to a prospecting permit granted other than only for pegging purposes, a reference in the section to the owner of land is taken to include a reference to any registered native title body corporate or registered native title claimant under the Commonwealth Native Title Act in relation to any of the land.

(3)In sections 34, 125, 231(9) and 317, a reference to the owner of land is taken to include a reference to any registered native title body corporate or registered native title claimant under the Commonwealth Native Title Act in relation to any of the land.

(4)In section 386X, and schedule 1 other than schedule 1, section 4, a reference to the owner of land is taken to include a reference to any registered native title body corporate or registered native title claimant under the Commonwealth Native Title Act in relation to any of the land.

(5)In this section—

pegging purposes, in relation to a prospecting permit, means purposes necessary to enable the holder of the permit to apply for a mining claim or mining lease over the land for which the permit is granted.

Part 6    Mining districts

11   Mining districts

(1)The chief executive may by gazette notice declare an area of land to be a mining district.

(2)The notice must—

(a)state the name of the mining district; and

(b)give a description, by map or otherwise, of the location and boundaries of the mining district.

12   [Repealed]

Chapter 2    Prospecting permits

Part 1    Prospecting permit categories and entitlements

13   Definition for pt 1

In this part—

holder, of a prospecting permit, includes a person who is an officer, employee, contractor or agent of the holder if the person is in actual possession of—

(a)the permit; or

(b)the holder’s written permission for the person to do something the holder may do under the permit.

14   Categories of prospecting permit

(1)A prospecting permit may be granted for—

(a)a mining district; or

(b)a lot; or

(c)2 or more adjoining lots owned by the same person.

(2)A prospecting permit under subsection (1)(a) is a district prospecting permit.

(3)A prospecting permit under subsection (1)(b) or (c) is a parcel prospecting permit.

15   Area of land covered by parcel prospecting permit

(1)A parcel prospecting permit may be granted for all or part of the land of a lot, or 2 or more adjoining lots owned by the same person.

(2)More than 1 parcel prospecting permit may be granted over a lot, or 2 or more adjoining lots owned by the same person.

(3)If an application for a parcel prospecting permit is for only part of the land of a lot, or 2 or more adjoining lots owned by the same person, the permit may be granted for all of the area.

16   Land excluded from prospecting permit

(1)Land is excluded from a prospecting permit if—

(a)it is in the area of a mining claim, mineral development licence or mining lease; or

(b)it is covered by an application for a mining claim, mineral development licence or mining lease that has not been finally decided; or

(c)it is the subject of a call for mining lease tenders.

(2)Also, a prospecting permit may be granted for all or part of a fossicking area only if the application for the permit was made, but not decided, before the land became a fossicking area.

(3)However, if the holder of, or applicant for, the mining claim, mineral development licence or mining lease consents in writing to an application for a prospecting permit for land in the area of or covered by the claim, licence or lease, this section does not apply to the application to the extent stated in the consent.

(4)In addition, this section does not apply if—

(a)the prospecting permit holder is the applicant for the mining claim, mineral development licence or mining lease; and

(b)there is no other application for a claim, licence or lease for land in the area of the prospecting permit.

17   Prospecting permit to be granted to a single person

A prospecting permit may only be issued in the name of a single eligible person.

18   Entitlements under prospecting permit

(1)A holder of a prospecting permit for land may enter the land for—

(a)purposes necessary to enable the holder to apply for a mining claim or mining lease over the land; or

(b)prospecting purposes; or

(c)hand mining for a mineral other than coal.

(2)The holder may—

(a)enter and leave the land using a reasonable type of transport; and

(b)enter and leave the land through land the permit states is access land.

19   Consent required to enter certain land

(1)A parcel prospecting permit holder may enter the surface of a reserve for prospecting purposes only with the written consent of the owner of the reserve.

(2)A district prospecting permit holder may enter the surface of occupied land only with the written consent of the owner of the land.

(3)Also, a prospecting permit holder may enter occupied land for hand mining only with the written consent of the owner of the land.

(5)Further, a prospecting permit holder may enter land within 50m laterally of a place where activities are being carried on under an exploration permit only with the written consent of the exploration permit holder.

20   Provisions about consents to enter land

(1)This section applies to consents for a prospecting permit holder to enter land.

(2)In the absence of evidence to the contrary, the consent of an owner who is a joint tenant or tenant in common with other owners, is taken to be the consent of all the owners.

(3)If the owner of land can not be easily contacted, a consent may be given for the land by the land’s occupier.

Examples of the owner not being easily contacted—

1The owner does not live in Australia and there is no known current overseas address for the owner.

2The owner is travelling in Australia and there is no known current address for the owner.

(4)Consent under this section may be given on conditions.

(5)The holder of a consent must comply with the consent’s conditions.

Maximum penalty for subsection (5)—10 penalty units.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 412B, to have also committed the offence.

(6)A consent given for land may be amended or withdrawn by the land’s owner (or, if given by the occupier, the occupier) by written notice given to the holder and the chief executive.

Note—

For other relevant provisions about giving the chief executive documents, see section 386O.

(7)Subsection (6) applies despite the Common Provisions Act, section 70.

Part 2    Other provisions about prospecting permits

21   Application for prospecting permit

An application for a prospecting permit for land must—

(a)be made in the approved form and lodged with the chief executive; and

(b)be accompanied by—

(i)proof, to the chief executive’s satisfaction, of the applicant’s identity; and

(ii)the fee prescribed under a regulation; and

(c)state the applicant’s name, and address for service of notices; and

(d)if the application is for a parcel prospecting permit—

(i)identify, by sketch and description, or in another way acceptable to the chief executive, the land over which the permit is sought and land proposed to be used as access; and

(ii)state the name and address of each owner of occupied land over which the permit is sought; and

(iii)state the name and address of each owner of land proposed to be used as access.

22   Reason for rejection of application to be given

If the chief executive rejects an application for the grant of a prospecting permit, the chief executive must, within 5 business days after deciding to reject, give the applicant a written notice stating the decision and the reasons for it.

23   [Repealed]

24   Grant of prospecting permit

(1)The chief executive may grant a prospecting permit for land if the chief executive is satisfied an eligible person has—

(a)made a genuine application that complies with this chapter, and otherwise complied with the requirements of this Act; and

(b)deposited the amount of security required to be deposited for the permit.

Note—

If the application relates to acquired land, see also section 10AAC.

(2)If the chief executive is of the opinion that an applicant for a prospecting permit had previously contravened or failed to comply with any provision of this Act, the repealed Acts, any other Act about mining or the Fossicking Act 1994, the chief executive may, whether or not that person had been charged or convicted of an offence in respect of that contravention or failure to comply, reject the application.

(3)For subsection (2), a company is taken to have contravened a provision of this Act if the person contravening the provision is—

(a)an officer or employee of the company; or

(b)someone else who is in a position to control or substantially influence the company’s affairs.

24A   Details of prospecting permit to be recorded in register

The chief executive must record in the register the following details of a prospecting permit—

(a)the identification number of the permit;

(b)the name of the holder;

(c)the address for service of notices on the holder;

(d)the description of land for which the permit is granted;

(e)the term and date of commencement of the permit;

(f)the conditions, other than conditions prescribed under this Act, to which the permit is subject.

25   Conditions of prospecting permit

(1)It is a condition of each prospecting permit that the holder must carry out improvement restoration for the permit.

(2)A prospecting permit shall be subject to any prescribed conditions and such other conditions as the chief executive shall from time to time impose.

(3)In imposing conditions upon the grant of a prospecting permit the chief executive shall take into consideration the possible effect upon the owner of the land of the grant of the permit having regard to the holder’s entitlements under that permit and any other subsisting permits.

(4)The chief executive may from time to time, by notice in writing to the holder of a prospecting permit vary any condition imposed by the chief executive.

(5)Despite subsections (2) to (4), a condition must not be imposed, prescribed or varied if the condition, or the condition as varied, is the same, or substantially the same, or inconsistent with, a prescribed condition under the Environmental Protection Act for carrying out a small scale mining activity.

(6)The holder of a prospecting permit and all persons acting under the authority of the permit shall comply with the conditions for the time being of the permit of which notice has been served on the holder.

(7)To remove doubt, it is declared that a condition may limit the extent of the holder’s entitlements under section 18(1).

25AA   Additional conditions of prospecting permit relating to native title

(1)Conditions imposed on a prospecting permit by the chief executive under section 25(2) may include native title protection conditions for the permit.

(2)Subsection (1) does not limit section 25(2).

(3)In this section—

native title protection conditions, for a prospecting permit, means conditions that—

(a)are about ways of minimising the impact of the permit on native title in relation to the land affected by the permit, including ways of accessing the land and ways anything authorised under the permit may be done; and

(b)are identified in the permit as native title protection conditions for the permit.

25A   Indigenous land use agreement conditions

(1)This section applies if—

(a)a registered indigenous land use agreement under the Commonwealth Native Title Act provides for the granting of a prospecting permit; and

(b)the State is a party to the agreement; and

(c)the agreement includes a requirement that, if the prospecting permit is granted, it must be granted subject to conditions stated in the agreement (the stated conditions); and

(d)the prospecting permit is granted.

(2)The prospecting permit is subject to the stated conditions.

(3)The stated conditions are taken to be conditions of the permit of which notice has been served on the holder of the prospecting permit.

26   Provision of security

(1)A prospecting permit shall not be granted until the applicant for the permit deposits the security (if any) determined by the chief executive for compliance with the conditions of the prospecting permit and the provisions of this Act and to rectify any actual damage that may be caused by any person whilst purporting to act under the authority of the permit to pre-existing improvements for the permit.

(2)If the chief executive fixes an amount of security under subsection (1), the amount must not be less than the amount prescribed under a regulation.

(3)The owner of any land may apply in writing to the chief executive to rectify the damage referred to in subsection (1) that has been caused by any activity allegedly authorised under a prospecting permit in respect of that land.

(4)If the chief executive is satisfied (whether or not upon an application referred to in subsection (3)) that damage referred to in subsection (1) has been caused by any person purporting to act under the authority of a prospecting permit the chief executive shall require that person to take all action necessary to rectify that damage.

(5)The chief executive may, at any time (whether before or after the expiry or cancellation of a prospecting permit), use all or part of the security deposited for the permit to rectify actual damage caused by someone acting under the permit.

(6)If, at any time (whether during or within 20 business days after the expiration of the term of a prospecting permit) the amount or any part of the amount deposited under this section is utilised as provided by subsection (5) or the chief executive considers that, in view of the damage caused or likely to be caused by any person purporting to act under the authority of the prospecting permit or for any other reason, a further amount of security should be deposited in respect of that prospecting permit, the chief executive shall require the holder or former holder of the prospecting permit, within the time specified by the chief executive, to deposit the further security.

(7)The chief executive may accept a bond or a guarantee or indemnity by, or other financial arrangement with, a financial institution, insurance company or another credit provider approved by the chief executive or other form of security acceptable to the chief executive as the whole or part of the security to be deposited under this section.

(8)It shall be a condition of a prospecting permit that the holder shall deposit security or further security from time to time in accordance with a requirement made as provided by this section.

(9)Subsection (10) applies if an amount of security deposited by a holder of a prospecting permit has not been used when the permit terminates and—

(a)for a parcel prospecting permit—the owner of the occupied land in the area of the permit—

(i)gives the chief executive written approval to refund the security; or

(ii)does not make a claim against the security within—

(A)20 business days after the termination; or

(B)a longer period (of not more than 3 months) fixed by the chief executive by written notice given to the permit holder and owner; or

(b)for a district prospecting permit—an owner of land in the area of the permit does not make a claim against the security within—

(i)20 business days after the termination; or

(ii)a longer period (of not more than 3 months) fixed by the chief executive by written notice given to the permit holder and owner.

(10)After deducting the amount the chief executive considers should be held for use under subsection (5), the chief executive may refund the balance of the security.

(11)The chief executive must refund the amount to the permit holder or in accordance with any written direction the holder gives the chief executive.

(12)In the absence of evidence to the contrary, the approval of an owner who is a joint tenant or tenant in common is taken to be the approval of all the owners for subsection (9)(a)(i).

(13)Subsection (10) does not limit the chief executive’s powers under subsection (15).

(14)If—

(a)a prospecting permit holder applies for a mining claim or mining lease; and

(b)the application has not been finally decided when the permit is terminated; and

(c)after the application is decided, an amount held as security under this section is not held as security for the claim or lease;

the amount may be refunded under subsection (9).

(15)If the chief executive accepts a bond, guarantee or indemnity by, or another financial arrangement with, a financial institution, insurance company or credit provider as security under this section, any amount payable to the holder under subsection (9) or (10) must be refunded to the financial institution, insurance company or credit provider and not to the holder of the prospecting permit to which the security relates.

27   Utilisation of security deposit towards subsequent prospecting permit

If the holder of a prospecting permit or an expired prospecting permit makes application for a further prospecting permit, the chief executive may, instead of refunding the whole or part of the security deposited in respect of the existing or expired permit, retain that security or part thereof (together with any further security fixed by the chief executive) as the security (in which case it shall be taken to be or to be part of the security) deposited by the applicant in respect of the application for the further prospecting permit.

28   Compensation

(1)Notwithstanding section 26, the Crown or an owner is entitled to recover, from time to time in the Land Court, compensation in respect of damage or injury suffered or loss incurred by reason of a person acting or purporting to act under the authority of a prospecting permit but any moneys paid under that section in respect of rectification of damage the subject of the proceeding shall be taken into account in assessing any compensation.

(2)The holder of a prospecting permit is not liable under this section in respect of damage or injury or loss caused by another person who is not a holder and is not a person authorised by the holder to be in the area of the prospecting permit.

29   Term of prospecting permit

(1)A prospecting permit may be granted for—

(a)if it is a district prospecting permit—1 or more months but not longer than 1 year; or

(b)if it is a parcel prospecting permit—3 months.

(2)A prospecting permit’s term must not start before the day the permit is granted.

30   Rights and obligations extended upon application for mining claim etc.

(1)The holder of a prospecting permit who, during the term of the prospecting permit, makes application for the grant of—

(a)a mining claim; or

(b)a mining lease;

in respect of any land in the area of the prospecting permit, shall, during the period from the expiration of the prospecting permit until the determination of the application, for so long as the provisions of this Act and the terms and conditions that would apply if the permit were current are complied with, have all the responsibilities, powers, authorities and duties that the holder would have had in respect of the land the subject of the application if the prospecting permit was current.

(2)The entitlements of the holder of a prospecting permit are not reduced or limited by reason only of the holder’s application for the grant of a mining claim or a mining lease in respect of any land in the area of the prospecting permit.

31   Chief executive to notify owners of occupied land of grant of parcel prospecting permit

(1)Upon granting a parcel prospecting permit, the chief executive must, within 5 business days after the grant, advise the owner of any occupied land specified in the permit including occupied land (other than a reserve for public road) specified as access.

(2)Where advice is not in writing, the advice shall be confirmed in writing as soon as practicable.

32   Notice of entry under parcel prospecting permit

(1)A parcel prospecting permit holder must give the owner of the land in the area of the permit notice of entry before initial entry is made under the permit.

(2)The notice must be given at least 5 business days before the intended entry (or a shorter time acceptable to the owner and endorsed on the notice).

(3)If the owner can not be easily contacted, the holder may notify the occupier of the land of the intended entry.

Examples of the owner not being easily contacted—

1The owner does not live in Australia and there is no known current address for the owner.

2The owner is travelling within Australia and there is no known current address for the owner.

(4)However, subsection (1) does not apply to a parcel prospecting permit holder if—

(a)the holder satisfies the chief executive it is impracticable to give either the owner or occupier notice of the intended entry; and

(b)the chief executive decides to not require the holder to give notice of the intended entry; and

(c)the chief executive’s decision is recorded in the register.

(5)Before recording the decision in the register, the chief executive may require the holder to take the action the chief executive considers appropriate to publicise the intended entry, including, for example, publishing an advertisement in a newspaper or other publication.

33   Prospecting permit not transferable

A prospecting permit is not transferable.

34   Report to chief executive by owner of land

(1)Where a person purports to enter or be upon land under the authority of a prospecting permit, the owner of that land who considers that that person is not authorised to enter or be upon that land or is not complying with any condition of the prospecting permit or of any provision of this Act may report accordingly to the chief executive.

(2)The chief executive shall have the report investigated and shall advise the owner of land who reports under subsection (1) of any action taken upon the report.

35   [Repealed]

36   Cancellation of prospecting permit

(1)The chief executive may at any time, by notice in writing in the approved form served on the holder of a prospecting permit or other person apparently acting under the authority of the permit, cancel the permit.

(2)A notice cancelling a prospecting permit served pursuant to subsection (1) shall state the reasons for the cancellation.

37   Surrender of prospecting permit

The holder of a prospecting permit may, at any time before the expiration of its term, by notice in writing to the chief executive surrender the permit.

38   Appeals about prospecting permits

(1)A person whose interests are adversely affected by a decision to which this section applies (the aggrieved person) may appeal against the decision to the Land Court.

(2)This section applies to the following decisions of the chief executive—

(a)a decision to refuse to grant a prospecting permit;

(b)a decision to impose a condition on a prospecting permit;

(c)a decision to vary a condition imposed on a prospecting permit;

(d)a decision to require an applicant for, or holder of, a prospecting permit to deposit security;

Note—

For the provision of security, see section 26.

(e)a decision about the use of security deposited by a prospecting permit holder towards rectification of damage caused by noncompliance with permit conditions;

(f)a decision to cancel a prospecting permit.

39   How to start an appeal

(1)An appeal is started by filing a written notice of appeal with the chief executive.

(2)The notice of appeal must be filed within 20 business days after the aggrieved person receives notice of the decision appealed against.

Note—

For other relevant provisions about filing documents, see section 386O.

(3)However, if—

(a)the decision did not state the reasons for the decision; and

(b)the person asked for a statement of reasons for the decision within the period mentioned in subsection (2);

the person may make the application within 20 business days after the person is given the statement of reasons.

(4)In addition, the Land Court may extend the period for filing the notice of appeal.

(5)The notice of appeal must state the grounds of appeal.

40   Stay of operation of decisions

(1)The Land Court may stay a decision appealed against to secure the effectiveness of the appeal.

(2)A stay—

(a)may be given on conditions the Land Court considers appropriate; and

(b)operates for the period fixed by the Land Court; and

(c)may be revoked or amended by the Land Court.

(3)The period of a stay fixed by the Land Court must not extend past the time when the Land Court decides the appeal.

(4)A decision, or the carrying out of a decision, is affected by the starting of an appeal against the decision only if the decision is stayed.

41   Hearing procedures

(1)In deciding an appeal, the Land Court—

(a)is not bound by the rules of evidence; and

(b)must observe natural justice.

(2)An appeal is by way of rehearing.

42   Powers of Land Court on appeal

(1)In deciding an appeal, the Land Court may—

(a)confirm the decision appealed against; or

(b)set the decision aside and substitute another decision; or

(c)set aside the decision and return the issue to the chief executive with directions the Land Court considers appropriate.

(2)In substituting another decision, the Land Court has the same powers as the chief executive.

Example—

The Land Court may decide that an unsuccessful applicant for a prospecting permit be granted the permit and impose conditions on it.

(3)If the Land Court substitutes another decision, the substituted decision is taken to be the decision of the chief executive.

43   Minerals taken become property of holder of prospecting permit

All minerals mined as a result of hand-mining activities lawfully carried on under the authority of a prospecting permit cease to be the property of the Crown or the person who had property therein and become the property of the holder of the prospecting permit subject however to the rights to royalty payments under this Act of the Crown or any other person.

44   Royalties in respect of minerals taken under prospecting permit

The holder of a prospecting permit shall pay in respect of all minerals mined or purported to be mined under the authority of that prospecting permit, the royalty prescribed pursuant to chapter 11.

45   [Repealed]

46   Producing prospecting permit

(1)This section applies if—

(a)a person purports to enter or be on land under the authority of a prospecting permit; and

(b)the owner of the land, or an agent of the owner, asks the person for proof of the person’s authority to enter or be on the land.

(2)The person must produce the prospecting permit, or a copy of the permit, to the owner or agent.

(3)If the person fails to comply with subsection (2), the person does not have any entitlements under this Act during the period of the person’s noncompliance.

(4)In this section—

copy, of a prospecting permit, includes an extract from the register of the details of the permit recorded in the register.

47   Staying on occupied land

(1)A person entitled to enter occupied land under a district prospecting permit must not enter land at night without the written consent of the land’s owner.

Maximum penalty—10 penalty units.

(2)A person entitled to enter occupied land under a parcel prospecting permit must not enter the land at night without the written consent of the land’s owner or the chief executive.

Maximum penalty—10 penalty units.

(3)In the absence of evidence to the contrary, the consent of an owner who is a joint tenant or tenant in common is taken to be the consent of all the owners.

(4)If the owner of land can not be easily contacted, a consent may be given for the land by the land’s occupier.

Examples of the owner not being easily contacted—

1The owner does not live in Australia and there is no known current address for the owner.

2The owner is travelling within Australia and there is no known current address for the owner.

(5)Consent under this section may be given on conditions.

(6)The chief executive’s consent and any consent conditions must be recorded in the register.

(7)A person who enters occupied land at night with a consent under this section must comply with conditions imposed by the owner or occupier of the land or the chief executive.

Maximum penalty—10 penalty units.

Chapter 3    Mining claims

48   Grant of mining claim

(1)A mining claim may be granted over an area of land to an eligible person.

Note—

See section 61 for the requirements for making an application for the grant of a mining claim.

(2)The area of the mining claim must include the whole of the surface area of the land within the area of the mining claim.

Note—

See, however, section 10AAB(3) if land in the area of the mining claim is taken under a resumption law.

49   Only eligible persons to hold mining claims

A mining claim shall not be held by a person who is not an eligible person.

50   Entitlements under mining claim

(1)During the currency of a mining claim, the holder of the mining claim and any person who actually works the mining claim as agent or employee of the holder—

(a)may in, on or under the area of the mining claim—

(i)prospect for any mineral to which the mining claim applies; and

(ii)for a mining claim other than a prescribed mining claim—hand mine in accordance with the conditions of the mining claim any mineral to which the mining claim applies; and

(iii)for a prescribed mining claim—mine in accordance with the conditions of the mining claim any mineral to which the mining claim applies; and

(b)for the purpose of prospecting or mining as provided in paragraph (a) may—

(i)enter that area; and

(ii)use such machinery, mechanical devices or other equipment as are authorised under this Act to be used for that purpose; and

(iii)erect and maintain a structure (including, where authorised so to do by the mining claim, a temporary residence for a person who is bona fide using the area of the mining claim for a purpose for which it was granted) not being of a permanent nature on that area; and

(c)for the purpose of mining as provided in paragraph (a)(ii) or (iii), may, subject to compliance with the conditions of the mining claim and any other Act or law, make moderate use of explosives where the mining claim specifically authorises that use.

(2)During the currency of the mining claim, the rights of the holder relate, and are taken to have always related, to the whole of the area of the claim.

(3)During the currency of a mining claim, a person who delivers goods or substances or provides services to the holder may enter that area for that purpose.

(4)Where any Act provides that water may be diverted or appropriated only under authority granted under that Act, the holder of a mining claim shall not divert or appropriate water unless the holder holds that authority.

(5)In this section—

prescribed mining claim means a mining claim that—

(a)applies to corundum, gemstones or other precious stones, and the area of which has been decided by the Minister under section 53; or

(b)has been converted from a mining lease under section 816.

51   Land for which mining claim not to be granted

(1)A mining claim may not be granted for land in the area of or covered by—

(a)an existing mining claim; or

(b)a mining lease; or

(c)a mineral development licence; or

(d)an earlier application for a mining claim, mineral development licence or mining lease that has not been finally decided or withdrawn; or

(e)an exploration permit or earlier application for an exploration permit unless the applicant for the claim gives the chief executive the written consent of the holder of, or applicant for, the permit on or before the last objection day; or

(f)a call for mining lease tenders.

(1A)However, subsection (1)(e) does not apply to land in the area of or covered by an exploration permit, or earlier application for an exploration permit, if the applicant for the mining claim is the same person as the holder of, or applicant for, the exploration permit.

(2)A mining claim may be granted over the surface of land that is restricted land when the application for the claim was lodged only if—

(a)each relevant owner for the restricted land consents in writing to the application; and

(b)the applicant lodges each relevant owner’s consent with the chief executive before the last objection day ends.

(3)A relevant owner for restricted land can not withdraw his or her consent under subsection (2) once it has been lodged with the chief executive.

(4)In this section—

relevant owner, for restricted land, has the meaning given under the Common Provisions Act, section 69.

52   No mining claim in respect of coal

A mining claim may be granted in respect of any specified minerals other than coal.

53   Area and shape of mining claim land

(1)Subject to subsection (1A), the land for which a mining claim may be granted—

(a)must be—

(i)rectangular in shape; or

(ii)of the dimensions prescribed under a regulation; and

(b)must be more or less the prescribed area.

(1A)For a mining claim that applies to corundum, gemstones or other precious stones, the Minister also may grant the claim for an area, of not more than 20ha, decided by the Minister (the decided area).

(2)Despite subsection (1)(a), the Minister may, for a particular mining claim for which an area is not decided by the Minister, accept an application for a mining claim over land of a different shape.

(2A)In deciding the area of a mining claim for subsection (1A), the Minister must have regard to—

(a)whether the area of land is mineralised; and

(b)whether the area of land is of an appropriate size and shape in relation to the mineralisation; and

(c)the type and location of activities to be carried out under the mining claim.

(3)The prescribed area of the land over which a mining claim for which an area is not decided by the Minister may be granted is—

(a)1ha; or

(b)where the land is within a mining district or part of a mining district in respect of which, for the purposes of this section, an area is prescribed by regulation, that area;

whichever is the smaller.

(3A)Subsection (3B) applies to a mining claim for which an area is decided by the Minister if the land to which the mining claim applies is within an area prescribed by regulation under subsection (3)(b).

(3B)Despite subsection (1A), the Minister can not decide an area for the mining claim that is more than the area prescribed by regulation.

(4)Where it is found that the area of a mining claim exceeds the prescribed area or the decided area, the mining claim is not thereby invalidated but the following provisions of this subsection shall be complied with.

(5)The chief executive must notify the holder that the land exceeds the prescribed area or decided area.

(6)If at the expiration of 20 business days after the giving of a notice pursuant to subsection (5)—

(a)the mining claim has not been varied, by agreement between the Minister and the holder, to reduce the area of land to or to less than the prescribed area or decided area; or

(b)the holder has not made application to the Land Court to determine whether the subject area exceeds the prescribed area or decided area or to determine the variation thereof to reduce the area to the prescribed area or decided area;

the Minister shall without further notice cancel the mining claim.

54   Mining claim over reserve only with consent

A mining claim shall not be granted over land that is a reserve except with—

(a)the consent of the owner of that land; or

(b)the consent of the Governor in Council.

55   Restriction upon number of mining claims

(1)A person shall not at any time be the holder of or have an interest, direct or indirect, in more than 2 mining claims.

(2)The Minister may call upon a person to show cause why a mining claim or interest held by that person in contravention of subsection (1) should not be cancelled.

(3)If the Minister is not satisfied that there is good reason why the Minister should not do so, the Minister may cancel the mining claim or interest.

(4)Where, pursuant to subsection (3) an interest only in a mining claim is cancelled, each holder of any other interest in the mining claim shall hold an interest in the mining claim in the same proportion that the holder’s original interest bears to the aggregate of the remaining interests.

56   [Repealed]

57   [Repealed]

58   [Repealed]

59   [Repealed]

60   [Repealed]

61   Application for grant of mining claim

(1)An application for the grant of a mining claim must—

(a)be in the approved form; and

(b)specify the name of each applicant; and

(c)specify the name and address for service of 1 person upon whom any notice may be served on behalf of the applicant or the applicants; and

(d)describe all parcels of land the whole or part of which are the subject of the application and specify the names and addresses of the owner or owners of the land and of land which is to be used as access thereto; and

(e)define the boundary of the area of the proposed mining claim; and

Note—

Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement.

(f)define the boundary of any area of land outside the area of the proposed mining claim intended to be used to access the proposed claim area; and

(g)be accompanied by a visual representation of the boundaries and land mentioned in paragraphs (e) and (f); and

(h)identify the mineral or minerals in respect of which the mining claim is sought; and

(i)be lodged; and

(j)be accompanied by each of the following—

(i)proof to the satisfaction of the chief executive of the identity of the applicant;

(ii)such additional copies of the application and other documents lodged therewith as the chief executive requires;

(iii)the prescribed application fee;

(iv)a work program for the activities to be carried out under the mining claim;

(v)if the application is for a mining claim for which the Minister is to decide an area under section 53—information about the matters mentioned in section 53(2A) for the mining claim.

(2)A person who lodges an application for the grant of a mining claim must provide the chief executive with such information and particulars relating to the requirements set out in subsection (1) as the chief executive requires and on failure to provide that information the chief executive may reject the application.

(3)The chief executive may reject an application for a mining claim in respect of land the whole or part of which appears, on the evidence available to the chief executive, to be the subject of a mining claim, mineral development licence or mining lease or of an application for the grant of a mining claim, mineral development licence or mining lease.

(4)For the purposes of subsection (3) where a mining claim, mineral development licence or mining lease is terminated or an application for a mining claim, mineral development licence or mining lease is abandoned or rejected, the relevant land shall be deemed to continue to be subject to the mining claim, mineral development licence, mining lease or application until the day next following that termination, abandonment or rejection.

61A    Rejection of application if applicant disqualified

(1)The Minister must reject an application for a mining claim if the Minister decides the applicant is disqualified under the Common Provisions Act, chapter 7 from being granted the mining claim.

(2)On rejection of the application, the Minister must give the applicant a notice about the decision.

62   [Repealed]

63   Priority of mining claim applications

(1)Applications made under this Act for the grant of mining claims for the same land must be considered and decided according to the day on which they are lodged.

(2)If the applications were lodged on the same day—

(a)they take the priority the Minister decides, after considering the relative merits of each application; and

(b)the chief executive must give each applicant a written notice stating there is competition for priority between the applicant’s application and another application or other applications lodged on the same day as the day on which the applicant’s application was lodged.

64   Issue of mining claim notice

(1)This section applies if the chief executive is satisfied an applicant for a proposed mining claim—

(a)is eligible to apply for the mining claim; and

(b)has complied with the requirements of this Act for the application; and

(c)is not disqualified under the Common Provisions Act, chapter 7 from being granted the mining claim.

(2)The chief executive must give the applicant a written notice for the application (the mining claim notice).

(3)The mining claim notice must state the following—

(a)the number of the proposed mining claim;

(b)the date and time the application was lodged;

(c)any documents or other information, in addition to the documents mentioned in section 64A(1)(a), (b) and (d), the applicant must give to each affected person within the meaning of section 64A;

(d)the last day (the last objection day) for lodging objections to the application.

(4)The last objection day must be at least 20 business days after the notice is given to the applicant.

64A   Documents and other information to be given to affected persons

(1)The applicant for a proposed mining claim must give the following documents and information to each affected person—

(a)the mining claim notice;

(b)the application for the mining claim;

(c)any other documents or information mentioned in the mining claim notice under section 64(3)(c);

(d)if the mining claim is for carrying out small scale mining activities—a copy of the small scale mining code.

(2)The documents and other information must be given within the later of the following periods to end—

(a)5 business days after the mining claim notice is given to the applicant;

(b)if the chief executive at any time decides a longer period—the longer period.

(3)In this section—

affected person means—

(a)an owner of land the subject of the proposed mining claim; or

(b)an owner of land necessary for access to land mentioned in paragraph (a); or

(c)the relevant local government.

64B   Declaration of compliance with obligations

(1)The applicant for a proposed mining claim must give the chief executive a statutory declaration that the applicant has complied with section 64A.

(2)The declaration must be given within the later of the following periods to end—

(a)5 business days after the last objection day for the application for the mining claim;

(b)if the chief executive at any time decides a longer period—the longer period.

(3)Until the declaration is given—

(a)the Minister must not grant the mining claim; and

(b)the Land Court may refuse to hear any matter about the application.

64C   Continuing obligation to notify

(1)This section applies for an application for a proposed mining claim if, after the last objection day but before the hearing day for the application, the applicant gives the chief executive an additional document about the application.

(2)The applicant must give a copy of the document to each affected person within the meaning of section 64A.

64D   [Repealed]

65   Chief executive may call conference in some cases

(1)This section applies if—

(a)within 5 business days before the last objection day for an application for a mining claim (or a shorter period allowed by the chief executive), an owner of land affected by the application gives the chief executive a written request for a conference, stating the things the owner wants to discuss about the application; or

(b)for another reason, the chief executive considers it desirable to call a conference to discuss things about a mining claim or an application for a mining claim.

(2)If subsection (1)(a) applies, the chief executive must call a conference about the application, by written notice given to the owner of the land and the applicant.

(3)If subsection (1)(b) applies, the chief executive may call a conference about the mining claim or application, by written notice given to—

(a)the owners of land affected by the mining claim or application; or

(b)the claim holder or applicant; or

(c)anyone else the chief executive considers should be given notice of the conference.

(4)The notice must state when and where the conference will be held, and what is to be discussed at the conference.

(5)If the conference is about an application, the conference must be held before the last objection day ends.

66   Who may attend conference

(1)Apart from the chief executive, anyone given notice of a conference about an application for a mining claim or a mining claim (a section 65 conference) may attend and take part in the conference.

(2)Also, with the chief executive’s approval, someone else may be present to help a person attending the conference.

(3)However, a person may not be represented at the conference by a lawyer.

67   What happens if someone does not attend

The chief executive may hold a section 65 conference even though someone given notice of the conference does not attend the conference.

68   Chief executive’s function at section 65 conference

The chief executive must endeavour to help those attending a section 65 conference to reach an early, inexpensive settlement of the things discussed.

69   Agreements and statements at section 65 conference

(1)If parties to a section 65 conference reach agreement about something discussed at the conference, the parties must—

(a)put the agreement into writing; and

(b)sign the agreement; and

(c)if the agreement is about an application for a mining claim—lodge it with the chief executive on or before the last objection day.

(2)A person attending or present at the conference must not disclose or publish anything said at the conference other than in an agreement mentioned in subsection (1).

(3)Nothing said by a person at the conference is admissible in a proceeding without the person’s consent.

70   Land Court may award costs

(1)If—

(a)a person agrees to attend a section 65 conference but does not attend; and

(b)someone else does attend (the attending party);

the attending party may apply to the Land Court for an order requiring the person who did not attend to pay the attending party’s reasonable costs.

(2)If the Land Court orders a person to pay the attending party’s costs, the Land Court must decide the amount of the costs of attending.

(3)However, the Land Court must not order a person to pay costs if the Land Court is satisfied the person had a reasonable excuse for not attending the conference.

71   Objection to application for grant of mining claim

(1)An owner of relevant land or the relevant local government may, on or before the last objection day ends, lodge a written objection in the approved form to an application for a mining claim.

(2)An owner of land who attends a conference about an application for a mining claim may, even though the time for objecting to the application has ended, lodge an objection to the application within 5 business days after—

(a)the day the conference ends; or

(b)if the applicant did not attend the conference—the day the owner attended the conference.

(3)An objection referred to in subsection (1) or (2) shall state the grounds of objection and the facts and circumstances relied on by the objector in support of those grounds.

(4)Each objector to an application for the grant of a mining claim shall serve upon the applicant on or before the last date that the objector may lodge an objection to that application a copy of the objection lodged by the objector.

(5)In this section—

relevant land means the land the subject of the proposed mining claim or any other land necessary for access to that land.

71A   Objection may be withdrawn

(1)An objection to an application for a mining claim may be withdrawn by the objector giving written notice of the withdrawal to—

(a)the chief executive; and

(b)if the objection has been referred to the Land Court under section 72—

(i)the Land Court; and

(ii)the applicant.

(2)A withdrawal of an objection can not be revoked.

72   Referral to Land Court of application and objections

(1)This section applies if a properly made objection to an application for the grant of a mining claim is lodged.

(2)The chief executive must, within 5 business days after the later of the following, refer the application and all properly made objections to it to the Land Court for hearing—

(a)the last objection day for the application;

(b)if an objection is lodged after the last objection day under section 71(2)—the time for lodging an objection under that subsection ends.

(3)The Land Court must fix a date for the hearing and immediately give written notice of the date to each of the following—

(a)the chief executive;

(b)the applicant;

(c)each person who has lodged a properly made objection to the application.

(4)The hearing date must be at least 20 business days after the later of the following—

(a)the last objection day for the application;

(b)the day a section 65 conference about the application ends.

(5)If all properly made objections referred to the Land Court under subsection (2) are withdrawn under section 71A before the Land Court gives an instruction or makes a recommendation to the Minister under section 78, the Land Court may remit the matter to the chief executive.

(6)In this section—

properly made objection means an objection—

(a)lodged under section 71; and

(b)for which section 71(4) has been complied with; and

(c)that has not been withdrawn.

73   Rejection of application for grant of mining claim for noncompliance

(1)An application for the grant of a mining claim may be rejected by the Minister if the applicant fails to comply with any of the applicable provisions of this chapter.

(2)The Minister must, within 5 business days after deciding to reject, give the applicant written notice of the decision and the reasons for it.

74   Grant of mining claim to which no objection is lodged

(1)This section applies to an application for a mining claim for land if—

(a)no-one objects to the application on or before the last objection day; and

(b)at least 5 business days have passed since the end of any section 65 conference about the application.

(2)The Minister may grant a mining claim for the land to an applicant for the mining claim only if the Minister is satisfied—

(a)the application complies with this chapter and the requirements of this Act have otherwise been complied with; and

(b)any consents needed in relation to the land have been obtained; and

(c)if the mining claim is for other than small scale mining activities—an environmental authority for all activities authorised by the proposed mining claim has been issued.

Note—

If the application relates to acquired land, see also section 10AAC.

(3)Without limiting subsection (2), the Minister may refuse to grant the mining claim if the Minister considers the grant is not in the public interest.

(4)The Minister must, within 5 business days after the grant, give the holder of the mining claim written notice of the grant.

(5)The holder must give written notice of the grant to the owners of land covered by the claim.

(6)The notice by the holder must be given within 20 business days after the holder receives notice of the grant.

75   Referral to Land Court of application to which no objection lodged

(1)Despite section 74, the Minister may refer an application for the grant of a mining claim to the Land Court for hearing.

(2)The Land Court must fix a date for the hearing and immediately give written notice of the date to each of the following—

(a)the Minister;

(b)the applicant;

(c)the EPA administering authority.

(3)The date must be at least 20 business days after the later of the following—

(a)the last objection day for the application;

(b)the day a section 65 conference about the application ends.

76   Referral to Land Court of issue of reserve owner’s consent

(1)This section applies if the Minister is not satisfied an owner of a reserve consented to an application for a mining claim over the reserve.

(2)The Minister must, within 5 business days after the later of the following, refer the issue of consent to the Land Court for its consideration—

(a)the last objection day for the application;

(b)the day a section 65 conference about the application ends.

(3)The Land Court must fix a date for the hearing and immediately give written notice of the date to each of the following—

(a)the Minister;

(b)the applicant;

(c)the EPA administering authority;

(d)the owner of the reserve.

(4)The date must be at least 20 business days after the later of the following—

EP tender means a tender for an exploration permit in response to a call for EP (coal) tenders or a call for EP (non-coal) tenders.

exceptional event, affecting an exploration permit—

(a)means an event that—

(i)affects the carrying out of authorised activities under the permit; and

(ii)is beyond the control of the holder of the permit; and

(iii)could not reasonably have been prevented by the holder of the permit; and

(b)does not include a takeover bid under the Corporations Act, chapter 6 made or proposed by another entity in relation to the holder of the permit.

expiry day, for a mining tenement, means the day the tenement expires under its terms.

exploration permit means an exploration permit under chapter 4.

exploration project means a project involving 2 or more exploration permits that have a unifying exploration purpose.

exploration tenement means any exploration permit or mineral development licence.

explore means take action to determine the existence, quality and quantity of minerals on, in or under land or in the waters or sea above land by—

(a)prospecting;

(b)using instruments, equipment and techniques appropriate to determine the existence of any mineral;

(c)extracting and removing from land for sampling and testing an amount of material, mineral or other substance in each case reasonably necessary to determine its mineral bearing capacity or its properties as an indication of mineralisation;

(d)doing anything else prescribed under a regulation.

fee includes tax.

file, a document, has the meaning affected by section 386O.

final rehabilitation site, for chapter 13, part 4, see section 344.

final report—

(a)for an exploration permit—see section 178C(a); or

(b)for a mineral development licence—see section 231AC(a).

financial resources, for a provision about an application for an exploration permit, mineral development licence or mining lease, includes the financial resources necessary to comply with the following for the area to which the application relates—

(a)any relevant provisions of the Commonwealth Native Title Act;

(b)any registered indigenous land use agreement under that Act.

forward, a document, has the meaning affected by section 386O.

fossicking area has the meaning given by the Fossicking Act 1994.

garnishee ...

garnishee amount ...

garnishee notice ...

Geothermal Act see section 3B.

geothermal coordination arrangement see the Geothermal Act, section 138(4).

geothermal exploration permit ...

geothermal lease see the Geothermal Act, section 19(1)(b).

geothermal permit see the Geothermal Act, section 19(1)(a).

geothermal tenure see the Geothermal Act, section 19(2).

GHG means greenhouse gas.

GHG assessment criteria ...

GHG authority see the GHG storage Act, section 18(3).

GHG coordination arrangement see the GHG storage Act, section 186(3).

GHG lease see the GHG storage Act, section 18(1)(b).

GHG permit see the GHG storage Act, section 18(1)(a).

GHG public interest ...

GHG statement ...

GHG storage Act see section 3B.

GHG storage activity ...

GHG stream storage ...

GHG tenure see the GHG storage Act, section 18(2).

Glenden, for chapter 12, part 4C, see section 334ZJL.

give, a document to the Minister or chief executive, has the meaning affected by section 386O.

hand mining means mining using hand-operated tools, including, for example, picks, shovels, hammers, gads, sieves and windlasses, but does not include mining using explosives.

hazardous contaminant ...

hazardous substance ...

hearing includes a presentation of an interim nature, including, for example, a directions hearing.

Heritage Act means the Queensland Heritage Act 1992.

high impact exploration permit ...

high impact mineral development licence ...

holder—

(a)for a prospecting permit, exploration permit, mining claim, mineral development licence or mining lease, means the person in whose name the permit, claim, licence or lease is recorded, and, for chapter 2, part 1, includes a person mentioned in section 13, definition holder; or

(b)of an environmental authority or PRCP schedule, for chapter 13, part 4, see section 344.

holder submissions see section 318ELAT(1).

IDAS ...

improvement restoration, for a mining tenement, see section 6C.

incidental coal seam gas see section 318AC(2).

indicative approval see section 318AAR(1).

information-giver, for chapter 8, part 10, see section 318EJ(1).

information notice means a notice stating—

(a)the reasons for the decision; and

(b)that the holder may appeal against the decision; and

(c)how to appeal.

information statement, for chapter 9, see section 318ELAQ(1)(a).

initial development plan requirements—

(a)for a proposed mining lease for a prescribed mineral—see section 317J; or

(b)for a mining lease for a prescribed mineral—see section 317K; or

(c)for a proposed coal or oil shale mining lease—see section 318DS.

initial plan period ....

lake ...

land includes—

(a)land within the beds and banks of all streams, watercourses and inundated land; and

(b)land beneath the internal waters of Queensland; and

(c)the sea bed and subsoil to which this Act applies; and

(d)waters in, upon and above land; and

(e)subterranean land.

land access code see the Common Provisions Act, section 36.

last objection day for—

(a)an application for a mining claim—see section 64(3)(d); or

(b)an application for a mining lease—see section 252(3)(e).

later development plan requirements—

(a)for a prescribed mineral mining lease—see section 317Q; or

(b)for a coal or oil shale mining lease—see section 318ED(4).

lease year, for a mining lease, means each period of 1 year that starts—

(a)on the day the mining lease was granted; and

(b)on each anniversary of that day.

legacy borehole means a bore or well that the holder of the relevant exploration permit, mineral development licence or mining lease reasonably believes—

(a)

was drilled for the purpose (the original purpose) of—

(i)exploration or production of mineral or petroleum resources; or

(ii)informing the exploration or production of mineral or petroleum resources; and

(b)is no longer in use for the original or another purpose.

liable person ...

limited hand sampling techniques ...

local authority ...

lodge, a document, has the meaning affected by section 386O.

lodgement period, for a new prescribed mineral mining lease, see section 317DA.

low impact activity ...

low impact exploration permit ...

low impact mineral development licence ...

low impact prospecting permit ...

make a submission has the meaning affected by section 386O.

mandatory provision, of the land access code or the small scale mining code, means a provision of the code with which the code requires compliance.

member of the family ...

mine see section 6A.

mineral—

(a)generally, see section 6; and

(b)for section 121 or 122, see section 121(4); and

(c)for section 312 or 313, see section 312(4).

mineral development licence, means—

(a)for chapter 5, part 2—a mineral development licence under chapter 5, part 2; and

(b)other than for chapter 5, part 2—a mineral development licence under chapter 5, part 1 or 2.

mineral (f), see section 6(2)(f) and (3)(c).

mineral (f) development licence means a mineral development licence for mineral (f), whether or not the licence is also for other minerals.

minimum negotiation period ...

mining claim means a mining claim under chapter 3.

mining claim application certificate ...

mining claim notice, for an application for the grant of a mining claim, means the mining claim notice for the application given under section 64.

mining interest means—

(a)a mining tenement; or

(b)a tenure held from the State under another Act about mining under which tenure the holder is authorised to carry out mining or a related mineral or energy resources activity.

mining lease means—

(a)for chapter 6, part 2—a mining lease under chapter 6, part 2; or

(b)other than for chapter 6, part 2—a mining lease under chapter 6, part 1 or 2.

mining lease holder for chapter 8, part 8, divisions 1 and 2, see section 318CL.

mining lease notice, for an application for the grant of a mining lease, means—

(a)the mining lease notice for the application given under section 252; or

(b)if the mining lease notice has been reissued under section 253—the reissued notice.

mining lease tender means a tender for a mining lease in response to a call for mining lease tenders.

mining operation, for chapter 11, means the mining of minerals that, for the purpose of calculating royalty payable under chapter 11, is taken to be 1 mining operation by force of—

(a)a determination under section 320(8); or

(b)a regulation under section 320(9).

mining project means a resource project under the Environmental Protection Act—

(a)comprised of activities carried out under 2 or more mining leases; and

(b)for which an environmental authority is in force.

mining registrar ...

mining safety legislation see the Common Provisions Act, schedule 2.

mining tenement means a prospecting permit, mining claim, exploration permit, mineral development licence, mining lease or water monitoring authority.

mining tenement interest means—

(a)a mining tenement; or

(b)a right existing under, or in relation to, a mining tenement.

Minister ...

Minister’s decision ...

ML700066, for chapter 12, part 4C, see section 334ZJL.

ML 70434 entity, for chapter 12, part 4B, see section 334ZJH.

ML 70460 entity, for chapter 12, part 4B, see section 334ZJH.

moratorium period, for chapter 12, part 1, see section 334E(1).

mortgage includes a charge on any mining claim, mineral development licence or mining lease for securing money or money’s worth.

National Credit Code means the National Credit Code in Schedule 1 of the National Consumer Credit Protection Act 2009 (Cwlth).

native title issues decision ...

native title notification party ...

native title provisions ...

natural underground reservoir means a part of a geological formation or structure (including a coal seam) in which coal seam gas or petroleum has accumulated.

negotiated agreement ...

negotiation notice ...

new prescribed mineral mining lease see section 317D.

nominated waterway ...

non-assessable transfer ...

non-exclusive land ...

notice of intention to resume, for the proposed taking of land under a resumption law, means—

(a)if the land is taken under the process stated in the ALA (whether the land is taken under the ALA or another resumption law)—the notice of intention to resume under the ALA; or

(b)otherwise—the notice, however named, required to be given under the resumption law to notify persons of the proposed taking.

notifiable road use ...

notification day (native title issues) ...

occupied land means land (other than land occupied under a permit under the Land Act 1994) of which there is an owner, and includes a reserve.

occupier, of a place, means a person—

(a)who, under an Act or a lease registered under the Land Title Act 1994, has a right to occupy the place, other than under a mining interest, petroleum tenure, licence under the Petroleum and Gas (Production and Safety) Act, GHG authority or geothermal tenure; or

(b)to whom an owner of the place or another occupier under paragraph (a) has given the right to occupy the place.

officer, of a company, has the same meaning as officer of a corporation under the Corporations Act.

oil shale see section 318AD.

oil shale activity see section 334I(1).

oil shale exploration tenement see section 318AF(1).

oil shale mining lease see section 318AF(2).

oil shale mining tenement see section 334F.

original assessment ...

other mining legislation means the following—

(a)Common Provisions Act;

(b)Coal Mining Safety and Health Act 1999;

(c)Explosives Act 1999;

(d)Fossicking Act 1994;

(e)Mining and Quarrying Safety and Health Act 1999;

(f)Petroleum Act 1923;

(g)Petroleum and Gas (Production and Safety) Act 2004.

overlapping authority application period, for chapter 9, see section 318ELAZ(2).

overlapping authority (geothermal or GHG) see section 318ELAN.

overlapping authority priority see section 318ELAT(3)(b)(i).

overlapping GHG authority ...

overlapping GHG lease application period ...

overlapping lease, for chapter 9, see section 318ELAZ(2).

overlapping permit, for chapter 9, see section 318ELAU(1)(a).

overlapping tenure, for chapter 9, part 2, see section 318ELAP(c).

owner, of a water monitoring bore, means the person who, under section 334ZZJ, owns the works constructed in connection with the bore.

owner, of land, means—

(a)for a reserve (other than land that is a reserve merely because it is in the wet tropics area and land that is rail corridor land)—

(i)if the reserve is a road—the entity having control of the road; or

(ii)if the reserve is a resources reserve under the Nature Conservation Act 1992 for which there are trustees—the trustees for the reserve; or

(iii)if the reserve is DOGIT land under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991—the trustees for the land; or

(v)if Aboriginal land under the Aboriginal Land Act 1991 is taken to be a reserve because of section 202(2) or (4)(b) of that Act—the trustee of the land; or

(vi)if Torres Strait Islander land under the Torres Strait Islander Land Act 1991 is taken to be a reserve because of section 151(2) of that Act—the trustee of the land; or

(vii)if subparagraphs (i) to (vi) do not apply—the Minister responsible for administering the Act under which it is a reserve; or

(b)for freehold land—the registered owner of the land; or

(c)if a person is, or will on performing conditions, be entitled to a deed of grant in fee simple for the land—the person; or

(d)if an estate in fee simple of the land is being purchased from the State—the purchaser; or

(e)for a State forest or timber reserve under the Forestry Act 1959—the chief executive of the department responsible for the administration of the Forestry Act 1959; or

(f)for land that, under the Aboriginal and Torres Strait Islander Land Holding Act 2013, is lease land for a 1985 Act granted lease or a new Act granted lease—the lessee; or

(g)for a person who holds land from the State under an Act (other than an Act about mining or petroleum) under another kind of lease or occupancy (other than occupation rights under a permit under the Land Act 1994) of the land—the person;

and includes, in addition to an owner mentioned in paragraphs (a) to (g)—

(h)for a forest entitlement area under the Forestry Act 1959—the chief executive of the department responsible for the administration of the Forestry Act 1959; and

(ha)for a licence area under the Forestry Act 1959—the plantation licensee for the licence area under that Act; and

(i)for land in the wet tropics area—the Wet Tropics Management Authority; and

(j)for rail corridor land—

(i)if the rail corridor land is existing rail corridor land or new rail corridor land under the Transport Infrastructure Act 1994—the Minister administering chapter 7 of that Act; or

(ii)if the rail corridor land is land taken or acquired under the State Development and Public Works Organisation Act 1971 for the purpose of a railway—the Coordinator-General under that Act.

parcel prospecting permit see section 14.

partial relinquishment report, for an exploration permit, see section 178B(a).

partial surrender report, for a mineral development licence, see section 231AB(a).

parties ...

permanent building means a building other than a building of a temporary nature.

person ...

Petroleum and Gas (Production and Safety) Act means the Petroleum and Gas (Production and Safety) Act 2004.

petroleum authority see the Petroleum and Gas (Production and Safety) Act 2004, section 18(2).

petroleum development preference see section 318AX(3)(b).

petroleum lease see section 318AI(1).

petroleum lease application period see section 318BG(2).

petroleum tenure see section 318AI(3).

physical monument means a thing placed in or on land for the purpose of locating the boundary of an area of land, including, for example—

(a)a peg or post inserted in the ground; or

(b)a cairn.

Planning Act means the Planning Act 2016.

planning scheme means a planning scheme under the Planning Act.

plan period—

(a)for a development plan for a prescribed mineral mining lease—see section 317E(3); or

(b)for a development plan for a coal or oil shale mining lease—see section 318AH(3).

PRCP schedule, for chapter 13, part 4, see section 344.

pre-existing improvements, for a mining tenement, means all improvements on, or attached to, the land the subject of the tenement immediately before the application for the tenement was lodged.

Examples of an improvement—

1a bridge, building, fence, stock yard or other structure

2equipment, machinery or plant

preference decision see section 318BB(2).

preliminary activity ...

prescribed criteria—

(a)for the grant of an exploration permit—see section 137; or

(b)for a call for mining lease tenders—see section 317Z(6).

prescribed mineral means a mineral prescribed by regulation to be a prescribed mineral.

prescribed mineral mining lease see section 317C.

prescribed persons, for chapter 12, part 4, see section 334ZB.

prescribed threshold, for a prescribed mineral, means an amount of the mineral prescribed by regulation to be the prescribed threshold for the mineral.

previous mining activities, for chapter 13, part 4, see section 344.

private land ...

project land, for a coal mining project, for chapter 4, part 3, division 5, see section 136P(2).

project year, for a mining project, means each period of 1 year that starts on the first day in a calendar year that is an anniversary of the day a mining lease that is part of the mining project was granted.

property—

(a)for section 121, 122 or 123, see section 121(4); and

(b)for section 312, 313 or 314, see section 312(4).

proposed lease area see section 232.

proposed wild river area ...

prospect see section 6B.

prospecting permit means a prospecting permit granted under chapter 2.

protected area ...

public land ...

public land authority ...

public official ...

rail corridor land means—

(a)existing rail corridor land or new rail corridor land under the Transport Infrastructure Act 1994; or

(b)land taken or acquired under the State Development and Public Works Organisation Act 1971 for the purpose of a railway.

rail GOC ...

rail government entity see the Transport Infrastructure Act 1994, schedule 6.

reassessment ...

recipient, for chapter 8, part 10, see section 318EJ(1).

refuse includes reject.

register means the register kept by the chief executive under the Common Provisions Act, section 197.

registered higher education provider see the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth), section 5.

registered indigenous land use agreement under the Commonwealth Native Title Act means an indigenous land use agreement registered on the Register of Indigenous Land Use Agreements under the Commonwealth Native Title Act.

registered native title party ...

registered native title rights and interests ...

registrar, for chapter 12, part 2, see section 334Q.

registration, for a dealing or an application transfer, means recorded in the register.

rehabilitation ...

rehabilitation activities, for chapter 12, part 4A, see section 334ZJE(2).

rehabilitation activity, for chapter 13, part 4, see section 344B.

relevant act ...

relevant Aurukun agreement means—

(a)for a mineral development licence—the Aurukun agreement for the Aurukun project for which the licence was granted; or

(b)for a mining lease—the Aurukun agreement for the Aurukun project for which the lease was granted.

relevant departmental office ...

relevant environmental condition, for a mining tenement, means a condition of an environmental authority for mining activities under the Environmental Protection Act relating to the tenement.

relevant land, for a mining lease application, means the land applied for in the application.

relevant local government, for land, means the local government for the local government area in which the land is situated.

relevant mining district, for land, means the mining district in which the land is situated.

relevant officer ...

relevant owner or occupier, for restricted land, see the Common Provisions Act, section 69.

relevant special interest publication ...

relinquishment condition, for a coal mining lease or an oil shale mining lease, see section 318BM(2).

relinquishment report, for a mining lease, see section 315A(2)(a).

remediation activities ...

remediation activity, for chapter 13, part 4, see section 344A.

rental year means each 12-month period that starts on 1 September and ends on 31 August.

repealed Acts means the Acts repealed by this Act.

required information, for a mining tenement, means information about authorised activities carried out under the mining tenement that its holder has lodged under this Act.

reserve means—

(a)land that is—

(i)a road; or

(ii)a State forest or timber reserve under the Forestry Act 1959; or

(iii)a resources reserve under the Nature Conservation Act 1992; or

(iv)Aboriginal land under the Aboriginal Land Act 1991 taken to be a reserve because of section 202(2) or (4)(b) of that Act; or

(v)Torres Strait Islander land under the Torres Strait Islander Land Act 1991 taken to be a reserve because of section 151(2) of that Act; or

(vi)rail corridor land; or

(vii)vested in—

(A)the Minister administering the Education (General Provisions) Act 2006; or

(B)QR Limited ACN 124 649 967; or

(BA)a rail government entity; or

(C)the Queensland Housing Commission; or

(D)the Minister responsible for the construction of public buildings or the chief executive of that Minister’s department; or

(viii)held under the Transport Planning and Coordination Act 1994; or

(ix)contained in a deed of grant in trust under the Land Act 1994, or granted in trust under another Act, for a purpose mentioned in the Land Act 1994, section 14(2); or

(x)contained in a reserve under the Land Act 1994 or another Act for a purpose mentioned in the Land Act 1994, section 31(1)(a) to (c); or

(xi)dedicated as a reserve under the Land Act 1994, section 31(1)(d); or

(b)land within the wet tropics area;

but does not include land (other than a road) reserved as a town or suburb under the Land Act 1994.

resource management decision, for chapter 9, part 2, see section 318ELAV.

restricted land see the Common Provisions Act, section 68.

restricted land ...

restricted land (category A) ...

restricted land (category B) ...

resumption law—

(a)means a law that provides for the compulsory acquisition of land, including, for example, the following—

(i)the ALA, including as applied by another law providing for an entity to take land under the ALA as if the entity were a constructing authority under the ALA;

Examples of other laws for subparagraph (i)—

•Electricity Act 1994, section 116

•South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, section 53AY

(ii)the Land Act 1994, chapter 5, part 3, division 3;

(iii)the Petroleum and Gas (Production and Safety) Act 2004, sections 456 to 458;

(iv)the Queensland Reconstruction Authority Act 2011, section 99;

(v)the State Development and Public Works Organisation Act 1971, section 82 or 125;

(vi)the Transport Planning and Coordination Act 1994, section 25 or 26; but

(b)does not include the Land Act 1994, chapter 5, part 3, divisions 1 and 2.

resumption notice, for the taking of land under a resumption law, means—

(a)if the land is taken under the process stated in the ALA (whether the land is taken under the ALA or another resumption law)—the gazette resumption notice under the ALA for the taking; or

(b)otherwise—the instrument giving effect to the taking.

revenue commissioner means the commissioner under the Taxation Administration Act 2001.

right to negotiate provisions ...

road has the meaning given by the Land Act 1994.

road authority ...

road transport infrastructure means transport infrastructure relating to roads.

road use direction see the Common Provisions Act, section 64.

rostered worker, for chapter 12, part 4C, see section 334ZJL.

royalty investigator ...

royalty penalty amount ...

royalty provision ...

royalty-related amount ...

section 65 conference see section 66.

section 169 conference ...

section 217 conference ...

section 254 conference ...

small scale mining activity see the Environmental Protection Act, schedule 4.

small scale mining code see section 391C(1).

special agreement Act means any of the following Acts and any agreement or lease under or mentioned in the Acts—

(a)Alcan Queensland Pty. Limited Agreement Act 1965;

(b)Central Queensland Coal Associates Agreement Act 1968;

(c)Central Queensland Coal Associates Agreement and Queensland Coal Trust Act 1984;

(d)Central Queensland Coal Associates Agreement (Amendment) Act 1986;

(e)Central Queensland Coal Associates Agreement Amendment Act 1989;

(f)Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957;

(g)Mount Isa Mines Limited Agreement Act 1985;

(h)Queensland Nickel Agreement Act 1970;

(i)Queensland Nickel Agreement Act 1988;

(j)Thiess Peabody Coal Pty. Ltd. Agreement Act 1962;

(k)Thiess Peabody Mitsui Coal Pty. Ltd. Agreements Act 1965.

special criteria—

(a)for a call for EP (coal) tenders or EP (non-coal) tenders—see section 136C(2)(g)(ii); or

(b)for a call for mining lease tenders—see section 317Z(2)(d)(iii).

specific purpose mining lease means a mining lease that, under section 234(1)(b), is granted for a purpose other than mining.

specified works ...

State-controlled road see the Transport Infrastructure Act 1994, schedule 6.

sub-block see the Common Provisions Act, section 11A(2).

submission period, for chapter 8, part 2, see section 318AX(2).

submissions means written submissions.

surrender report, for a mining lease, see section 315B(2)(a).

survey mark see the Survey and Mapping Infrastructure Act 2003, schedule.

take, in relation to land, includes acquire.

tender security, for an EP tender or mining lease tender, means an amount given by the relevant tenderer as security for the tender.

termination includes expiry.

the public interest, for chapter 8, see section 318AK.

threshold amount, of a prescribed mineral, means an amount of the mineral that equals or exceeds the prescribed threshold for the mineral.

town planning scheme ...

transfer, of a water monitoring bore, see section 334ZZL(2).

tribunal means the Land and Resources Tribunal.

underground water see the Water Act, schedule 4.

underground water obligations, of a holder of a mineral development licence or mining lease, means—

(a)the holder’s underground water obligations under the Water Act, chapter 3; and

(b)any other obligation under the Water Act, chapter 3 with which the holder is required to comply, if failure to comply with the obligation is an offence against that Act.

Examples of another obligation under the Water Act, chapter 3 with which the holder may be required to comply—

•giving an underground water impact report under section 370 of that Act

•preparing and complying with a baseline assessment plan under sections 397 and 400 of that Act

underground water rights, for a mineral development licence or mining lease, see section 334ZP.

unpaid royalty interest ...

urgency notice ...

warden ...

Water Act means the Water Act 2000.

water bore see the Water Act, schedule 4.

watercourse ...

water monitoring activity see section 334ZQ(4).

water monitoring authority means a water monitoring authority granted under section 334ZV.

water monitoring bore see the Water Act, section 362.

wet tropics area means the wet tropics area within the meaning of the Wet Tropics World Heritage Protection and Management Act 1993.

wild river area ...

wild river declaration ...

wild river high preservation area ...

wild river preservation area ...

wild river special floodplain management area ...

worker, for chapter 12, part 4C, see section 334ZJL.

work program—

(a)for activities to be carried out under a mining claim, means a document containing the following information about the activities—

(i)the mining method to be used;

(ii)details of water storage facilities for the area of the mining claim;

(iii)information about mine workings on or to be located on the area of the claim or land adjoining the claim;

(iv)the quantity of minerals to be mined;

(v)the treatment methods to be used on the mined minerals;

(vi)details of electrical equipment and explosives to be used for the activities;

(vii)information about the proposed hours of operation and the number of employees for the activities;

(viii)details of any buildings or other structures, including, for example, sheds and temporary accommodation buildings, located or to be located in the area;

(ix)other information about the activities prescribed by regulation; or

(b)for a term of an exploration permit—see section 130AA(1).

work program (activities-based), for a term of an exploration permit, see section 130AA(2).

work program (outcomes-based), for a term of an exploration permit, see section 130AA(3).

1   [Repealed]

2   [Repealed]

3   [Repealed]

4   [Repealed]

5   [Repealed]

6   [Repealed]

7   [Repealed]

8   [Repealed]

9   [Repealed]

10   [Repealed]

11   [Repealed]

12   [Repealed]

13   [Repealed]

14   [Repealed]

15   [Repealed]

16   [Repealed]

19   [Repealed]

21   [Repealed]

22   [Repealed]