Mineral Resources Amendment Act 1995 (Qld)

Queensland MINERAL RESOURCES AMENDMENT ACT 1995 Act No. 21 of 1995

Queensland MINERAL RESOURCES AMENDMENT ACT 1995 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4 Amendment of s 1.4 (Application of Act to Commonwealth land and territorial sea of Australia) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 5 Amendment of s 1.8 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 6 Insertion of new ss 1.8A and 1.8B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 1.8A Meaning of “contaminated land” . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 1.8B When educational institution is an eligible person . . . . . . . . . . . . . . 17 7 Amendment of s 1.9 (Crown’s property in minerals) . . . . . . . . . . . . . . . . . . 17 8 Amendment of s 1.10 (Exclusive right of Crown to grant mining leases etc. irrespective of ownership of mineral) . . . . . . . . . . . . . . . . . . . . . 18 9 Replacement of ss 3.1–3.5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Division 1—Prospecting permit categories and entitlements 3.1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 3.2 Categories of prospecting permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 3.3 Area of land covered by parcel prospecting permit . . . . . . . . . . . . . 19 3.4 Land excluded from prospecting permit . . . . . . . . . . . . . . . . . . . . . . . 19 3.5 Prospecting permit to be granted to a single person . . . . . . . . . . . . . 20 3.5A Entitlements under prospecting permit . . . . . . . . . . . . . . . . . . . . . . . . 20 3.5B Consent required to enter certain land . . . . . . . . . . . . . . . . . . . . . . . . 20 3.5C Provisions about consents to enter land . . . . . . . . . . . . . . . . . . . . . . . 21 Division 2—Other provisions about prospecting permits 3.5D Application for prospecting permit . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

2 Mineral Resources Amendment No. 21, 1995 10 Amendment of s 3.8 (Grant of prospecting permit) . . . . . . . . . . . . . . . . . . . . 22 11 Amendment of s 3.10 (Provision of security) . . . . . . . . . . . . . . . . . . . . . . . . 23 12 Replacement of s 3.13 (Term of prospecting permit) . . . . . . . . . . . . . . . . . . 24 3.13 Term of prospecting permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 13 Amendment of s 3.15 (Mining registrar to notify owners of occupied land of grant of prospecting permit) . . . . . . . . . . . . . . . . . . . . . . . . 25 14 Replacement of s 3.16 (Prior notice of entry to be served) . . . . . . . . . . . . . 25 3.16 Notice of entry under parcel prospecting permit . . . . . . . . . . . . . . . . 25 15 Replacement of s 3.22 (Review of mining registrar’s determination) . . . . . 26 3.22 Appeals about prospecting permits . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 3.22A How to start an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 3.22B Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 3.22C Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 3.22D Powers of Wardens Court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . 28 16 Replacement of s 3.27 (Staying on occupied land) . . . . . . . . . . . . . . . . . . . 29 17 Replacement of s 4.4 (Land over which mining claim not to be granted) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 18 Amendment of s 4.6 (Area and shape of mining claim land) . . . . . . . . . . . 30 19 Amendment of s 4.14 (Application for grant of mining claim) . . . . . . . . . . 31 20 Amendment of s 4.17 (Certificate of application etc.) . . . . . . . . . . . . . . . . . 31 21 Replacement of s 4.18 (Owner of land may request conference) . . . . . . . . 32 4.18 Mining registrar may call conference in some cases . . . . . . . . . . . . 32 4.18A Who may attend conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 4.18B What happens if someone does not attend . . . . . . . . . . . . . . . . . . . . 33 4.18C Mining registrar’s function at section 4.18 conference . . . . . . . . . . . 33 4.18D Agreements and statements at section 4.18 conference . . . . . . . . . . 33 4.18E Wardens Court may award costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 22 Amendment of s 4.19 (Objection to application for grant of mining claim) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 23 Replacement of s 4.22 (Grant of mining claim where no objection to application and necessary consents obtained) . . . . . . . . . . . . . 35 4.22 Grant of mining claim to which no objection is lodged . . . . . . . . . . 35

3 Mineral Resources Amendment No. 21, 1995 24 Replacement of s 4.24 (Reference to Wardens Court where owner of reserve does not consent to grant of mining claim . . . . . . . . . . . . 35 4.24 Reference of application to Wardens Court if consent of reserve’s owner is not given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 25 Amendment of s 4.25 (One hearing by Wardens Court) . . . . . . . . . . . . . . . . 36 26 Amendment of s 4.28 (Grant of mining claim at instruction of Wardens Court or with consent of Governor in Council) . . . . . . . . . . . . . . . 36 27 Amendment of s 4.31 (Provision of security) . . . . . . . . . . . . . . . . . . . . . . . . 36 28 Amendment of s 4.33 (Compensation to be settled before granting of mining claim) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 29 Amendment of s 4.34 (Appeal against Wardens Court’s determination upon compensation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 30 Amendment of s 4.41 (Renewal of mining claim) . . . . . . . . . . . . . . . . . . . . 38 31 Amendment of s 4.43 (Rental payable on mining claim) . . . . . . . . . . . . . . 38 32 Amendment of s 4.51 (Correction of certificate of grant of mining claim) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 33 Amendment of s 4.55 (Surrender of mining claim) . . . . . . . . . . . . . . . . . . . . 39 34 Insertion of new s 4.56A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 4.56A Rehabilitation of land covered by mining claim . . . . . . . . . . . . . . . . 40 35 Replacement of s 4.63 (Appeal against mining registrar’s determination) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 4.63 Appeals about mining claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 4.63A How to start an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 4.63B Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 4.63C Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 4.63D Powers of Wardens Court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . 42 36 Replacement of s 4.64 (Effect of termination of mining claim) . . . . . . . . . 43 4.64 Effect of termination of mining claim . . . . . . . . . . . . . . . . . . . . . . . . 43 4.64A Application may be made for approval to remove mineral and property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 4.64B Property remaining on former mining claim may be sold etc. . . . . . 45 37 Amendment of s 5.4 (Entitlements under exploration permit) . . . . . . . . . . . 45 38 Amendment of s 5.8 (Application for exploration permit) . . . . . . . . . . . . . . 46 39 Amendment of s 5.14 (Periodic reduction in land subject to exploration permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

4 Mineral Resources Amendment No. 21, 1995 40 Insertion of new s 5.14A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 5.14A Periodic reduction in land covered by exploration permit for coal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 41 Amendment of s 5.15 (Conditions of exploration permit) . . . . . . . . . . . . . . 47 42 Insertion of new s 5.15A and 5.15B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 5.15A Draft guidelines for environmental impact statements . . . . . . . . . . . 48 5.15B Guidelines for environmental impact statements . . . . . . . . . . . . . . . 49 43 Amendment of s 5.16 (Provision of security) . . . . . . . . . . . . . . . . . . . . . . . . 49 44 Amendment of s 5.21 (Correction of instrument of exploration permit) . . . 51 45 Amendment of s 5.23 (Assignment of exploration permit) . . . . . . . . . . . . . . 51 46 Amendment of s 5.33 (Surrender of exploration permit) . . . . . . . . . . . . . . . 52 47 Replacement of s 5.35 (Prior notice of entry to be served) . . . . . . . . . . . . . 52 5.35 Notice of entry to be given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 5.35A Term and renewal of notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 48 Insertion of new s 5.36A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 5.36A Rehabilitation of land covered by exploration permits . . . . . . . . . . . 55 49 Replacement of s 5.39 (Reference by owner or holder to mining registrar) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 5.39 Mining registrar may call conference in some cases . . . . . . . . . . . . 56 5.39A Who may attend conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 5.39B What happens if someone does not attend . . . . . . . . . . . . . . . . . . . . 57 5.39C Mining registrar’s function at section 5.39 conference . . . . . . . . . . . 57 5.39D Agreements and statements at section 5.39 conference . . . . . . . . . . 57 5.39E Wardens Court may award costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 5.39F Mining registrar may recommend action to ease concerns . . . . . . . 58 50 Amendment of s 6.3 (Obligations and entitlement under mineral development licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 51 Insertion of new s 6.3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 6.3A Land is excluded from mineral development licence if covered by other authority under Act . . . . . . . . . . . . . . . . . . . . . . . . . 59 52 Amendment of s 6.4 (Application for mineral development licence) . . . . . 60 53 Amendment of s 6.11 (Provision of security) . . . . . . . . . . . . . . . . . . . . . . . . 61 54 Amendment of s 6.14 (Rental payable on mineral development licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61

5 Mineral Resources Amendment No. 21, 1995 55 Amendment of s 6.15 (Conditions of mineral development licence) . . . . . 61 56 Insertion of new ss 6.15A and 6.15B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 6.15A Draft guidelines for environmental impact statements . . . . . . . . . . . 62 6.15B Guidelines for environmental impact statements . . . . . . . . . . . . . . . 63 57 Amendment of s 6.17 (Assignment etc. of mineral development licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 58 Amendment of s 6.25 (Correction of instrument of mineral development licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 59 Insertion of new s 6.26A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 6.26A Adding other minerals to licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 60 Amendment of s 6.28 (Surrender of mineral development licence) . . . . . . 65 61 Replacement of s 6.29 (Prior notice of entry to be served) . . . . . . . . . . . . . 65 6.29A Term and renewal of notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 62 Insertion of new s 6.30A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 6.30A Rehabilitation of land covered by mineral development licence . . 67 63 Replacement of s 6.33 (Reference by owner or holder to mining registrar) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 6.33 Mining registrar may call conference in some cases . . . . . . . . . . . . 68 6.33A Who may attend conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 6.33B What happens if someone does not attend . . . . . . . . . . . . . . . . . . . . 69 6.33C Mining registrar’s function at section 6.33 conference . . . . . . . . . . . 70 6.33D Agreements and statements at section 6.33 conference . . . . . . . . . . 70 6.33E Wardens Court may award costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 6.33F Mining registrar may recommend action to ease concerns . . . . . . . 71 64 Replacement of s 6.38 (Effect of termination of mineral development licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 6.38 Effect of termination of mineral development licence . . . . . . . . . . . 71 6.38A Application may be made for approval to remove plant . . . . . . . . . 72 6.38B Plant remaining on former mineral development licence may be sold etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 65 Insertion of new s 7.5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 7.5A Drilling and other activities on land not included in surface area . . 74

6 Mineral Resources Amendment No. 21, 1995 66 Replacement of s 7.6 (Mining lease over surface that is reserve or near dwelling house etc. only with consent) . . . . . . . . . . . . . . . . . . . . . . . 74 7.6 Mining lease over surface of reserve or land near a dwelling-house . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 67 Amendment of s 7.13 (Application for grant of mining lease) . . . . . . . . . . . 75 68 Insertion of new ss 7.15A and 7.15B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 7.15A Consent of certain parties with registered interests to be obtained . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 7.15B Consent of certain parties with pending applications to be obtained . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 69 Amendment of s 7.16 (Rejection of application by mining registrar) . . . . . 78 70 Amendment of s 7.18 (Certificate of application etc.) . . . . . . . . . . . . . . . . . 78 71 Insertion of new s 7.18A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 7.18A Reissue of certificate of application . . . . . . . . . . . . . . . . . . . . . . . . . 80 72 Replacement of s 7.19 (Owner of land may request conference) . . . . . . . . 80 7.19 Mining registrar may call conference in some cases . . . . . . . . . . . . 80 7.19A Who may attend conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 7.19B What happens if someone does not attend . . . . . . . . . . . . . . . . . . . . 81 7.19C Mining registrar’s function at section 7.19 conference . . . . . . . . . . . 81 7.19D Agreements and statements at section 7.19 conference . . . . . . . . . . 81 7.19E Wardens Court may award costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 73 Amendment of s 7.20 (Objection to application for grant of mining lease) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 74 Replacement of s 7.21 (Study into environmental impact) . . . . . . . . . . . . . 83 7.21 Minister may require environmental impact statement in some cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 7.21A Draft guidelines for environmental impact statements . . . . . . . . . . . 84 7.21B Guidelines for environmental impact statements . . . . . . . . . . . . . . . 85 7.21C What happens after environmental impact statement is prepared? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 75 Amendment of s 7.26 (Warden’s recommendation on hearing) . . . . . . . . . . 86 76 Amendment of s 7.33 (Conditions of mining lease) . . . . . . . . . . . . . . . . . . . 86 77 Amendment of s 7.34 (Provision of security) . . . . . . . . . . . . . . . . . . . . . . . . 87 78 Amendment of s 7.38 (Determination of compensation by Wardens Court) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88

7 Mineral Resources Amendment No. 21, 1995 79 Amendment of s 7.39 (Appeal against Wardens Court’s determination upon compensation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 80 Amendment of s 7.43 (Renewal of mining lease) . . . . . . . . . . . . . . . . . . . . . 89 81 Insertion of new s 7.44A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 7.44A Holder to notify owner of grant or renewal of mining lease . . . . . . . 90 82 Omission of s 7.45 (Survey) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 83 Amendment of s 7.46 (Mining lease where area not surveyed) . . . . . . . . . . 90 84 Amendment of s 7.47 (Rental payable on mining lease) . . . . . . . . . . . . . . . 90 85 Replacement of s 7.48 (Plan of operations) . . . . . . . . . . . . . . . . . . . . . . . . . 90 7.48 Plan of operations and environmental audit statement . . . . . . . . . . . 91 7.48A Amendment of plan of operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 7.48B Duration of plan of operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 86 Amendment of s 7.50 (Variation of mining lease for accuracy etc.) . . . . . . 92 87 Amendment of s 7.54 (Consolidation of mining leases) . . . . . . . . . . . . . . . . 93 88 Amendment of s 7.64 (Surrender of mining lease) . . . . . . . . . . . . . . . . . . . . 93 89 Replacement of s 7.67 (Effect of termination of mining lease) . . . . . . . . . . 94 7.67 Effect of termination of mining lease . . . . . . . . . . . . . . . . . . . . . . . . . 95 7.67A Application for approval to remove mineral and property . . . . . . . . 95 7.67B Property remaining on former mining lease may be sold . . . . . . . . . 96 90 Amendment of s 7.68 (Approval of additional activities upon mining lease application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 91 Replacement of s 7.69 (Mining lease for carriage through land) . . . . . . . . 97 92 Insertion of new s 7.71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 7.71 Rehabilitation of land covered by mining lease . . . . . . . . . . . . . . . . 99 93 Replacement of s 10.2 (Acting mining registrars) . . . . . . . . . . . . . . . . . . . 100 10.2 Acting mining registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 94 Amendment of s 10.7 (Powers of mining registrars and others) . . . . . . . . . 100 95 Replacement of s 10.9 (Appointment of wardens) . . . . . . . . . . . . . . . . . . . 100 10.9 Qualifications for appointment of wardens . . . . . . . . . . . . . . . . . . . 100 10.9A Appointment of wardens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 10.9B Terms and conditions of employment . . . . . . . . . . . . . . . . . . . . . . . 101 10.9C Preservation of rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 10.9D Appointment of acting wardens . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101

8 Mineral Resources Amendment No. 21, 1995 10.9E Jurisdiction and powers of wardens . . . . . . . . . . . . . . . . . . . . . . . . . 102 10.9F Oath to be taken by warden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 10.9G Tenure of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 10.9H Continuation of jurisdiction on retirement . . . . . . . . . . . . . . . . . . . . 103 10.9I Existing wardens continue in office . . . . . . . . . . . . . . . . . . . . . . . . . 103 96 Omission of s 10.13 (Acting wardens) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 97 Insertion of new s 10.15A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 10.15A Mining registrar may constitute Wardens Court in some cases . . 103 98 Amendment of s 10.20 (Substantive jurisdiction) . . . . . . . . . . . . . . . . . . . . 104 99 Amendment of s 10.33 (Powers of Wardens Court) . . . . . . . . . . . . . . . . . . 104 100 Replacement of s 11.20 (Directions etc. to be complied with) . . . . . . . . . 104 11.20 Directions to be complied with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 11.20A Wardens Court may review lawfulness of directions . . . . . . . . . . . 105 101 Amendment of s 11.21 (Minister may require survey) . . . . . . . . . . . . . . . . 106 102 Replacement of s 11.27 (Evidentiary provisions) . . . . . . . . . . . . . . . . . . . . 106 11.27 Evidentiary provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 103 Amendment of s 11.31 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 104 Omission of s 11.32 (Existing orders in council and rules of court) . . . . . 108 105 Insertion of ss 11.33 – 11.35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 11.33 Application of Acts Interpretation Act, s 20A . . . . . . . . . . . . . . . . . 108 11.34 References to repealed Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 11.35 Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . 108 106 Amendment of Sch 2 (Savings, transitional and validation) . . . . . . . . . . . 109 107 Other Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . 110 MINOR AMENDMENTS OF MINERAL RESOURCES ACT 1989 SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . 114 OTHER ACTS AMENDED

Queensland Mineral Resources Amendment Act 1995 Act No. 21 of 1995 An Act to amend the MineralResourcesAct1989 , and for related purposes [Assented to 11 April 1995]

s 1 10 Mineral Resources Amendment The Parliament of Queensland enacts— s4 No. 21, 1995 ˙ Short title 1. This Act may be cited as the Mineral Resources Amendment Act 1995 . ˙ Commencement 2.(1) This Act (other than section 106(1), (3) and (4)) commences on a day to be fixed by proclamation. (2) Section 106(1), (3) and (4) is taken to have commenced on 1 September 1990. 1 ˙ Amended Act 3. This Act (other than section 107 and Schedule 2) amends the MineralResources Act 1989 . ˙ Amendment of s 1.4 (Application of Act to Commonwealth land and territorial sea of Australia) 4.(1) Section 1.4, heading, ‘ territorial sea of Australia ’— omit, insert— ‘ coastal waters of the State ’. (2) Section 1.4(1), ‘territorial sea of Australia’— omit, insert— ‘coastal waters of the State’. 1 Section 106(1), (3) and (4) amends the Mineral Resources Act 1989 , Schedule 2 (Savings, transitional and validation). The Act commenced on 1 September 1990.

s 5 11 s 5 Mineral Resources Amendment No. 21, 1995 ˙ Amendment of s 1.8 (Interpretation) 5.(1) Section 1.8, definitions “Act relating to mining”, “company”, “Director-General”, “eligible person”, “hand mining”, “holder”, “member of the family”, “mining registrar”, “occupied land”, “officer”, “owner”, “reserve” and “road” — omit. (2) Section 1.8— insert— ‘ “adjoining lots” includes lots that would be adjoining lots if they were not separated by a road. “aggrieved person” see— • section 3.22 2 • section 4.63. 3 “building” means a fixed, roofed structure that is completely or partly enclosed by walls. “company” means the following entities within the meaning of the Corporations Law— (a) a company; (b) a recognised company; (c) a registered foreign company. “condition” includes term. “contaminated land” see section 1.8A. “district prospecting permit” see section 3.2. “educational institution” means a school, college, university or university college. “eligible person” means— (a) an adult; or 2 Section 3.22 (Appeals about prospecting permits) 3 Section 4.63 (Appeals about mining claims)

s 5 12 s 5 Mineral Resources Amendment No. 21, 1995 (b) a company; or (c) a local government that acquires a mining claim or mining lease under the Local Government Act 1993 , Chapter 10, Part 7 4 ; or (d) an educational institution the Minister treats as an eligible person under section 1.8B. “enter” land includes remain on the land. “environment” has the meaning given by the Environmental ProtectionAct 1994 . 5 “environmental impact” , of the use, development or protection of land, includes the following— (a) positive or adverse impact on the environment; (b) temporary or irreversible impact on the environment; (c) cumulative impact on the environment over time or in combination with other impacts because of the scale, intensity, duration or frequency of the impacts; (d) potential impact on the environment that— (i) is highly likely to happen; or (ii) may be serious or irreversible but is unlikely to happen. “environmental impact statement” , for a proposed mining project, means a document, prepared in accordance with guidelines under this Act, about the environmental impact of the project. “exploration permit” means an exploration permit under Part 5. 4 Part 7 is about the recovery of rates. 5 Under the Environmental Protection Act 1994 , “environment” includes— (a) ecosystems and their constituent parts, including people and communities; and (b) all natural and physical resources; and (c) the qualities and characteristics of locations, places and areas, however large or small, that contribute to their biological diversity and integrity, intrinsic or attributed scientific value or interest, amenity, harmony and sense of community; and (d) the social, economic, aesthetic and cultural conditions that affect, or are affected by, matters mentioned in paragraphs (a) to (c).

s 5 13 s 5 Mineral Resources Amendment No. 21, 1995 “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 substance” has the meaning given by the Contaminated LandAct 1991 . 6 “holder” , 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 includes a person mentioned in section 3.1, definition “holder”. “last objection day” means the last day fixed by a mining registrar for objection to an application for a mining claim or mining lease. “mineral development licence” means a mineral development licence under Part 6. “mining claim” means a mining claim under Part 4. “mining project” means mining carried on under 1 or more mining leases as a single integrated undertaking. “mining lease” means a mining lease under Part 7. “mining registrar” means— (a) for a mining district—the mining registrar assigned to the district; or (b) for land—the mining registrar for the mining district in which the land is situated. 7 “occupier” of land means a person (other than the owner) lawfully occupying the land. “occupied land” means land (other than land occupied under a permit 6 Under the Contaminated Land Act 1991 , a “hazardous substance” is a substance that because of its quantity, concentration, acute or chronic toxic effects, carcinogenicity, teratogenicity, mutagenicity, corrosiveness, flammability, or physical, chemical or infectious characteristics, may pose a hazard to human health or the environment when improperly treated, stored, disposed of or otherwise managed. 7 The mining registrar assigned to a particular mining district is the registrar of a Wardens Court convened in the district. See also section 7.15 (Lodgment of application where land in more than 1 mining district)

s 5 14 s 5 Mineral Resources Amendment No. 21, 1995 under the Land Act 1994 ) of which there is an owner, and includes a reserve. “officer” , of a company, has the same meaning as officer of a corporation under the Corporations Law. “owner” , of land, means— (a) for a reserve (other than land that is a reserve merely because it is in the Wet Tropics Area)— (i) if the reserve is vested in a trustee—the trustee; or (ii) if the reserve is a road—the entity responsible for its maintenance or in which it is vested; or (iii) if subparagraphs (i) and (ii) do not apply—the person in whom it is vested or, if it is not vested in anyone, 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 ForestryAct1959 —the Primary Industries Corporation; or (f) for a person who holds land under a lease from the State under the Aboriginal and Torres Strait Islanders (Land Holding) Act 1985 for land excised from land granted in trust for Aboriginal or Torres Strait Islander purposes under the LandAct1994 —the trustees of the land; 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 ForestryAct1959 —the

s 5 15 s 5 Mineral Resources Amendment No. 21, 1995 Primary Industries Corporation; and (i) for land in the Wet Tropics Area—the Wet Tropics Management Authority. “parcel prospecting permit” see section 3.2. “permanent building” means a building other than a building of a temporary nature. “prospecting permit” means a prospecting permit granted under Part 3. “rehabilitation” , of land, includes remediation of contaminated land. “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. “reserve” means— (a) land that is— (i) a road; or (ii) a State forest or timber reserve under the Forestry Act 1959 ; or (iii) vested in— (A) the Minister administering the Education(GeneralProvisions) Act 1989 ; or (B) Queensland Railways; 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 (iv) held under the TransportPlanningandCoordinationAct1994 ; or (v) granted in trust or reserved for a community purpose under the Land Act 1994 or another Act; or (b) land held under a lease under the Local Government (Aboriginal

s 5 16 s 5 Mineral Resources Amendment No. 21, 1995 Lands) Act 1978 , section 6; 8 or (c) 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 . “restricted land” means restricted land (category A) or (category B). “restricted land (category A)” means land within 100 m laterally of a permanent building used— (a) mainly as accommodation or for business purposes; or (b) for community, sporting or recreational purposes or as a place of worship. “restricted land (category B)” means land within 50 m laterally of any of the following features— (a) a principal stockyard; (b) a bore or artesian well; (c) a dam; (d) another artificial water storage connected to a water supply; (e) a cemetery or burial place. “road” has the meaning given by the Land Act 1994 . “section 4.18 conference” see section 4.18A. “section 5.39 conference” see section 5.39A. “section 6.33 conference” see section 6.33A. “section 7.19 conference” see section 7.19A. “termination” includes expiry.’. (3) Section 1.8, definition “explore” , paragraph (d)— omit, insert— ‘(d) doing anything else prescribed under a regulation.’. (4) Section 1.8, definition “mineral” , paragraphs (a), (d) and (j), ‘when 8 Section 6 (Grants of leases to councils)

s 6 17 s 7 Mineral Resources Amendment No. 21, 1995 used’— omit, insert— ‘if mined for use’. (5) Section 1.8, definition “mineral” , paragraphs (k) and (n) ‘for building purposes’— omit, insert— ‘for building or monumental purposes’. ˙ Insertion of new ss 1.8A and 1.8B 6. After section 1.8— insert— ˙ ‘ Meaning of “contaminated land” ‘ 1.8A Land, or a building or structure on land, is “contaminated land” under this Act if the Minister considers it is affected by a hazardous substance in a way that makes it, or other land, air or water, a hazard to human health or the environment. ˙ ‘ When educational institution is an eligible person ‘ 1.8B 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.’. ˙ Amendment of s 1.9 (Crown’s property in minerals) 7. Section 1.9(4)— omit, insert— ‘ (4) Each deed of grant or lease of unallocated State land must contain a reservation of—

s 8 18 s 9 Mineral Resources Amendment No. 21, 1995 (a) minerals on and below the surface of the land; and (b) the right of access for prospecting, exploring or mining.’. ˙ Amendment of s 1.10 (Exclusive right of Crown to grant mining leases etc. irrespective of ownership of mineral) 8. Section 1.10(2)— omit, insert— ‘ (2) Subject to this Act, a prospecting permit, mining claim, exploration permit, mineral development licence or mining lease 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.’. ˙ Replacement of ss 3.1–3.5 9. Sections 3.1 to 3.5— omit, insert— ‘ Division 1—Prospecting permit categories and entitlements ˙ ‘ Definitions ‘ 3.1 In this Division— “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.

s 9 19 s 9 Mineral Resources Amendment No. 21, 1995 ˙ ‘ Categories of prospecting permit ‘ 3.2(1) A prospecting permit may be granted for— (a) a mining district; or (b) a lot; or (c) 2 or more adjoining lots 9 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” . ˙ ‘ Area of land covered by parcel prospecting permit ‘ 3.3(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) Different parcel prospecting permits may be granted for different parts of 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. ˙ ‘ Land excluded from prospecting permit ‘ 3.4(1) Land is excluded from a prospecting permit if it is covered by— (a) a mining claim, mineral development licence or mining lease; or (b) an application for a mining claim, mineral development licence or mining lease that has not been finally decided. ‘ (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 9 See section 1.8 (Interpretation), definition “adjoining lots”.

s 9 20 s 9 Mineral Resources Amendment No. 21, 1995 for a prospecting permit for land 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 covered by the prospecting permit. ˙ ‘ Prospecting permit to be granted to a single person ‘ 3.5 A prospecting permit may only be issued in the name of a single eligible person. ˙ ‘ Entitlements under prospecting permit ‘ 3.5A(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. ˙ ‘ Consent required to enter certain land ‘ 3.5B(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 or a reserve only with the written consent of the owner of the land or reserve.

s 9 21 s 9 Mineral Resources Amendment No. 21, 1995 ‘ (3) Also, a prospecting permit holder may enter occupied land for hand mining only with the written consent of the owner of the land. ‘ (4) In addition, a prospecting permit holder may enter restricted land only with the written consent of the owner of the land where the relevant permanent building, or relevant feature, is situated. ‘ (5) Further, a prospecting permit holder may enter land within 50 m laterally of a place where activities are being carried on under an exploration permit only with the written consent of the exploration permit holder. ˙ ‘ Provisions about consents to enter land ‘ 3.5C(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 cannot be easily contacted, a consent may be given for the land by the land’s occupier. Examples of the owner not being easily contacted— 1. The owner does not live in Australia and there is no known current overseas address for the owner. 2. The 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. ‘ (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 mining registrar.

s 10 22 s 10 Mineral Resources Amendment No. 21, 1995 ‘ Division 2—Other provisions about prospecting permits ˙ ‘ Application for prospecting permit ‘ 3.5D An application for a prospecting permit for land must— (a) be made in the approved form and lodged with the mining registrar; and (b) be accompanied by— (i) proof, to the mining registrar’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 mining registrar, 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.’. ˙ Amendment of s 3.8 (Grant of prospecting permit) 10.(1) Section 3.8(1)— omit, insert— ‘ 3.8(1) A mining registrar may grant a prospecting permit for land if the mining registrar is satisfied an eligible person has— (a) made a genuine application that complies with this Part; and (b) deposited the amount of security required to be deposited for the permit.’. (2) Section 3.8(4)— omit, insert—

s 11 23 s 11 Mineral Resources Amendment No. 21, 1995 ‘ (4) For subsection (3), 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.’. ˙ Amendment of s 3.10 (Provision of security) 11.(1) Section 3.10— insert— ‘ (1A) If the mining registrar fixes an amount of security under subsection (1), the amount must not be less than the amount prescribed under a regulation.’. (2) Section 3.10(4)— omit, insert— ‘ (4) The mining registrar 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. ’. (3) Section 3.10(10)— renumber as section 3.10(14). (4) Section 3.10(8) to (9)— omit, insert— ‘ (8) Subsection (9) 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 covered by the permit— (i) gives the mining registrar written approval to refund the security; or (ii) does not make a claim against the security within— (A) 28 days after the termination; or

s 12 24 s 12 Mineral Resources Amendment No. 21, 1995 (B) a longer period (of not more than 3 months) fixed by the mining registrar by written notice given to the permit holder and owner; or (b) for a district prospecting permit—an owner of land covered by the permit does not make a claim against the security within— (i) 28 days after the termination; or (ii) a longer period (of not more than 3 months) fixed by the mining registrar by written notice given to the permit holder and owner. ‘ (9) After deducting the amount the mining registrar considers should be held for use under subsection (4), the mining registrar may refund the balance of the security. ‘ (10) The mining registrar must refund the amount to the permit holder or in accordance with any written direction the holder gives the mining registrar. ‘ (11) 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 (8)(a)(i). ‘ (12) Subsection (9) does not limit the mining registrar’s powers under subsection (14). ‘ (13) 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 (8).’. ˙ Replacement of s 3.13 (Term of prospecting permit) 12. Section 3.13— omit, insert—

s 13 25 s 14 Mineral Resources Amendment No. 21, 1995 ˙ ‘ Term of prospecting permit ‘ 3.13(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— (a) be stated in the permit; and (b) not start before the day the permit is granted.’. ˙ Amendment of s 3.15 (Mining registrar to notify owners of occupied land of grant of prospecting permit) 13.(1) Section 3.15, heading ‘ prospecting permit ’— omit, insert— ‘ parcel prospecting permit ’. (2) Section 3.15(1), ‘prospecting permit’— omit, insert— ‘parcel prospecting permit’. ˙ Replacement of s 3.16 (Prior notice of entry to be served) 14. Section 3.16— omit, insert— ˙ ‘ Notice of entry under parcel prospecting permit ‘ 3.16(1) A parcel prospecting permit holder must give the owner of the land covered by the permit notice of entry before initial entry is made under the permit. ‘ (2) The notice must be given at least 7 days before the intended entry (or a shorter time acceptable to the owner and endorsed on the notice). ‘ (3) If the owner cannot be easily contacted, the holder may notify the occupier of the land of the intended entry.

s 15 26 s 15 Mineral Resources Amendment No. 21, 1995 Examples of the owner not being easily contacted— 1. The owner does not live in Australia and there is no known current address for the owner. 2. The owner is travelling within Australia and there is no known current address for the owner. ‘ (4) If the holder satisfies the mining registrar it is impracticable to give either the owner or occupier notice of the intended entry, the mining registrar may dispense with the need to give notice. ‘ (5) If the mining registrar dispenses with the need to give notice, the mining registrar must make an appropriate endorsement on the permit. ‘ (6) However, before making the endorsement, the mining registrar may require the holder to take the action the mining registrar considers appropriate to publicise the proposed entry, including, for example, publishing an advertisement in a newspaper or other publication.’. ˙ Replacement of s 3.22 (Review of mining registrar’s determination) 15. Section 3.22— omit, insert— ˙ ‘ Appeals about prospecting permits ‘ 3.22(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 Wardens Court. ‘ (2) This section applies to the following decisions of a mining registrar— (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; 10 (e) a decision about the use of security deposited by a prospecting 10 See section 3.10 (Provision of security).

s 15 27 s 15 Mineral Resources Amendment No. 21, 1995 permit holder towards rectification of damage caused by noncompliance with permit conditions; 10 (f) a decision to require a prospecting permit holder to pay an amount to the State by way of penalty for a breach of a permit condition; 11 (g) a decision to cancel a prospecting permit. ˙ ‘ How to start an appeal ‘ 3.22A(1) An appeal is started by filing a written notice of appeal with the mining registrar. ‘ (2) The notice of appeal must be filed within 28 days after the aggrieved person receives notice of the decision appealed against. ‘ (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 28 days after the person is given the statement of reasons. ‘ (4) In addition, the Wardens Court may extend the period for filing the notice of appeal. ‘ (5) The notice of appeal must state the grounds of appeal. ˙ ‘ Stay of operation of decisions ‘ 3.22B(1) The Wardens Court may stay a decision appealed against to secure the effectiveness of the appeal. ‘ (2) A stay— (a) may be given on conditions the Wardens Court considers appropriate; and (b) operates for the period fixed by the Wardens Court; and 11 See section 3.19 (Penalty for breach of conditions).

s 15 28 s 15 Mineral Resources Amendment No. 21, 1995 (c) may be revoked or amended by the Wardens Court. ‘ (3) The period of a stay fixed by the Wardens Court must not extend past the time when the Wardens 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. ˙ ‘ Hearing procedures ‘ 3.22C(1) In deciding an appeal, the Wardens Court— (a) is not bound by the rules of evidence; and (b) must observe natural justice; and (c) may hear the appeal in court or chambers. 12 ‘ (2) An appeal is by way of rehearing. ˙ ‘ Powers of Wardens Court on appeal ‘ 3.22D(1) In deciding an appeal, the Wardens 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 mining registrar with directions the Wardens Court considers appropriate. ‘ (2) In substituting another decision, the Wardens Court has the same powers as the mining registrar. Example— The Wardens Court may decide that an unsuccessful applicant for a prospecting permit be granted the permit and impose conditions on it. ‘ (3) If the Wardens Court substitutes another decision, the substituted decision is taken to be the decision of the mining registrar.’. 12 Under section 10.24 (Practice and procedure of Wardens Court), if the Act is silent or does not sufficiently state the practice and procedure applying in the Wardens Court, the practice and procedure of Magistrates Courts apply.

s 16 29 s 16 Mineral Resources Amendment No. 21, 1995 ˙ Replacement of s 3.27 (Staying on occupied land) 16. Section 3.27— omit, insert— ‘ Staying on occupied land ‘ 3.27(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 mining registrar. 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 cannot be easily contacted, a consent may be given for the land by the land’s occupier. Examples of the owner not being easily contacted— 1. The owner does not live in Australia and there is no known current address for the owner. 2. The 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 mining registrar’s consent and any consent conditions must be endorsed on the permit. ‘ (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 mining registrar. Maximum penalty—10 penalty units. ‘ (8) A person on occupied land under a prospecting permit must dispose of rubbish and human waste in a safe and sanitary way. Maximum penalty—10 penalty units.’.

s 17 30 s 18 Mineral Resources Amendment No. 21, 1995 ˙ Replacement of s 4.4 (Land over which mining claim not to be granted) 17. Section 4.4— omit, insert— ‘ Land for which mining claim not to be granted ‘ 4.4(1) A mining claim may not be granted for land 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 mining registrar the written consent of the holder of, or applicant for, the permit on or before the last objection day. ‘ (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) the owner of the land where the relevant permanent building, or relevant feature, is situated, consents in writing to the application; and (b) the applicant lodges the owner’s written consent with the mining registrar before the last objection day ends.’. ˙ Amendment of s 4.6 (Area and shape of mining claim land) 18. Section 4.6(1)— omit, insert— ‘ 4.6(1) The land for which a mining claim may be granted— (a) must be— (i) rectangular in shape; or

s 19 31 s 20 Mineral Resources Amendment No. 21, 1995 (ii) of the dimensions prescribed under a regulation; and (b) must be more or less the prescribed area. ‘ (1A) However, the mining registrar may, for a particular mining claim, accept an application for a mining claim over land of a different shape.’. ˙ Amendment of s 4.14 (Application for grant of mining claim) 19. Section 4.14(1)(j)(iv)— omit, insert— ‘(iv) an outline, to the mining registrar’s satisfaction, of the proposed mining program that— (A) states when operations are expected to start; and (B) briefly describes the measures the applicant plans to take to minimise adverse environmental impact; and (C) includes proposals for the progressive and final rehabilitation of the land.’. ˙ Amendment of s 4.17 (Certificate of application etc.) 20.(1) Section 4.17(1A)— omit, insert— ‘ (1A) The mining registrar must endorse on the certificate of application— (a) the number of the proposed mining claim; and (b) the date and time the application was lodged; and (c) the day the mining registrar fixes, at least 28 days after the day of the certificate’s issue, as the last objection day for the application. ‘ (1AA) The person who lodged the application must sign the certificate.’. (2) Section 4.17(1B), ‘as prescribed in subsection (1A)’— omit.

s 21 32 s 21 Mineral Resources Amendment No. 21, 1995 ˙ Replacement of s 4.18 (Owner of land may request conference) 21. Section 4.18— omit, insert— ˙ ‘ Mining registrar may call conference in some cases ‘ 4.18(1) This section applies if— (a) within 7 days after receiving a copy of a signed certificate of application for a mining claim (or a longer period allowed by the mining registrar) an owner of land affected by the application gives the mining registrar a written request for a conference, stating the things the owner wants to discuss about the application; or (b) for another reason, the mining registrar 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 mining registrar 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 mining registrar 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; and (b) the claim holder or applicant; and (c) anyone else the mining registrar 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. ˙ ‘ Who may attend conference ‘ 4.18A(1) Apart from the mining registrar, anyone given notice of a

s 21 33 s 21 Mineral Resources Amendment No. 21, 1995 conference about an application for a mining claim or a mining claim (a “section 4.18 conference” ) may attend and take part in the conference. ‘ (2) Also, with the mining registrar’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. ˙ ‘ What happens if someone does not attend ‘ 4.18B The mining registrar may hold a section 4.18 conference even though someone given notice of the conference does not attend the conference. ˙ ‘ Mining registrar’s function at section 4.18 conference ‘ 4.18C The mining registrar must endeavour to help those attending a section 4.18 conference to reach an early, inexpensive settlement of the things discussed. ˙ ‘ Agreements and statements at section 4.18 conference ‘ 4.18D(1) If parties to a section 4.18 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 mining registrar 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.

s 22 34 s 22 Mineral Resources Amendment No. 21, 1995 ˙ ‘Wardens Court may award costs ‘ 4.18E(1) If— (a) a person agrees to attend a section 4.18 conference but does not attend; and (b) someone else does attend (the “attending party” ); the attending party may apply to the Wardens Court for an order requiring the person who did not attend to pay the attending party’s reasonable costs. ‘ (2) If the Wardens Court orders a person to pay the attending party’s costs, the Wardens Court must decide the amount of the costs of attending. ‘ (3) However, the Wardens Court must not order a person to pay costs if the Wardens Court is satisfied the person had a reasonable excuse for not attending the conference. 13 ’. ˙ Amendment of s 4.19 (Objection to application for grant of mining claim) 22.(1) Section 4.19(1) and (2)— omit, insert— ‘ 4.19(1) An entity 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 7 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.’. (2) Section 4.19(5)— omit. 13 Orders of a Wardens Court may be enforced under section 10.34 (Enforcement of decisions etc. of Wardens Court).

s 23 35 s 24 Mineral Resources Amendment No. 21, 1995 ˙ Replacement of s 4.22 (Grant of mining claim where no objection to application and necessary consents obtained) 23. Section 4.22— omit, insert— ˙ ‘ Grant of mining claim to which no objection is lodged ‘ 4.22(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 7 days have passed since the end of any section 4.18 conference about the application. ‘ (2) The mining registrar may grant a mining claim for the land to an applicant for the mining claim only if the mining registrar is satisfied— (a) the application complies with this Part; and (b) any consents needed in relation to the land have been obtained. ‘ (3) The applicant must give written notice of the grant to the owners of land covered by the claim. ‘ (4) The notice must be given within 28 days after the applicant receives notice of the grant.’. ˙ Replacement of s 4.24 (Reference to Wardens Court where owner of reserve does not consent to grant of mining claim 24. Section 4.24— omit, insert— ˙ ‘ Reference of application to Wardens Court if consent of reserve’s owner is not given ‘ 4.24(1) If the mining registrar is not satisfied an owner of a reserve consented to an application for a mining claim for the reserve, the mining registrar must fix a day, within 7 days after the later of the following, for consideration by the Wardens Court of the issue of the consent— (a) the last objection day for the application; or

s 25 36 s 27 Mineral Resources Amendment No. 21, 1995 (b) the end of any section 4.18 conference about the application. ‘ (2) The mining registrar must immediately give the applicant for the mining claim and the owner of the reserve notice of the day fixed under subsection (1).’. ˙ Amendment of s 4.25 (One hearing by Wardens Court) 25.(1) Section 4.25 (heading)— omit, insert— ‘ Wardens Court hearing ’. (2) Section 4.25(1)— omit, insert— ‘ 4.25(1) The Wardens Court must hear and decide all issues in relation to an application for a mining claim and any objections to the application at the same hearing.’. ˙ Amendment of s 4.28 (Grant of mining claim at instruction of Wardens Court or with consent of Governor in Council) 26. Section 4.28— insert— ‘ (2) The applicant for the grant of the mining claim must give written notice of the grant to the owners of land covered by the claim. ‘ (3) The notice must be given within 28 days after the applicant receives notice of the grant.’. ˙ Amendment of s 4.31 (Provision of security) 27.(1) Section 4.31(1)(d)— omit, insert— ‘(d) amounts (other than penalties) payable to the State under this Act.’. (2) Section 4.31(5)—

s 27 37 s 27 Mineral Resources Amendment No. 21, 1995 omit. (3) Section 4.31(6), ‘as provided by subsection (4) or (5)’— omit, insert— ‘under subsection (4)’. (4) Section 4.31(9)— omit, insert— ‘ (9) If a mining claim terminates, the mining registrar may, not earlier than 28 days after the termination, refund the amount of security held for the mining claim, after deducting any amount used under subsection (4). ‘ (9A) The mining registrar must refund the amount to the holder of the claim or in accordance with any written direction the holder gives to the mining registrar. ‘ (9B) However, before refunding the security, the mining registrar may also deduct the amount the mining registrar considers appropriate to apply in the following order towards— (a) rectifying anything caused by noncompliance with— (i) a condition of the mining claim; or (ii) an order given to the holder by the mining registrar; and (b) amounts (other than penalties) the holder owes to the State under this Act or the conditions of the mining claim (including amounts that became payable before or after the termination of the claim); and (c) rates and charges (including interest on unpaid rates and charges) owing to a local government for the mining claim by the former holder. ‘ (9C) Subsection (9) does not limit the mining registrar’s powers under subsection (10).’. (5) Section 4.31(10), ‘under subsection (4)’— omit.

s 28 38 s 31 Mineral Resources Amendment No. 21, 1995 ˙ Amendment of s 4.33 (Compensation to be settled before granting of mining claim) 28. Section 4.33— insert— ‘ (11) An amount of compensation decided by agreement between the parties or the Wardens Court is binding on the parties and the parties’ personal representatives, successors and assigns.’. ˙ Amendment of s 4.34 (Appeal against Wardens Court’s determination upon compensation) 29. Section 4.34— insert— ‘ (5A) In deciding an appeal, the Land Court must consider the things relevant to the appeal that the Wardens Court was required to consider in making the decision appealed against.’. ˙ Amendment of s 4.41 (Renewal of mining claim) 30. Section 4.41— insert— ‘ (7) The holder of a renewed mining claim must give written notice of the claim’s renewal to the owners of the land covered by the claim. ‘ (8) The notice must be given within 28 days after the holder receives notice of the renewal.’. ˙ Amendment of s 4.43 (Rental payable on mining claim) 31. Section 4.43(4)(b), ‘31 March’— omit, insert— ‘1 April’.

s 32 39 s 34 Mineral Resources Amendment No. 21, 1995 ˙ Amendment of s 4.51 (Correction of certificate of grant of mining claim) 32. Section 4.51(1)(b)— omit, insert— ‘(b) facts have appeared or been established since the grant of the mining claim justifying correction of the certificate to more accurately reflect the holder’s entitlements under the claim; or’. ˙ Amendment of s 4.55 (Surrender of mining claim) 33.(1) Section 4.55(1)(c)— omit, insert— ‘(c) if land covered by the surrender is not included in an application for a new mining claim or a mining lease—a final rehabilitation report stating how the holder has rehabilitated land affected directly or indirectly by the holder’s mining activities under the claim; and (d) the fee prescribed under a regulation.’. (2) Section 4.55— insert— ‘ (7) However, the mining registrar may accept a surrender for land for which a final rehabilitation report is lodged only if the mining registrar is satisfied the holder has satisfactorily rehabilitated the land. ‘ (8) If the mining registrar is not satisfied the holder has satisfactorily rehabilitated land, the mining registrar may, by written notice, give the holder reasonable directions about rehabilitating the land. ‘ (9) The holder must comply with the directions. Maximum penalty for subsection (9)—300 penalty units.’. ˙ Insertion of new s 4.56A 34. After section 4.56— insert—

s 35 40 s 35 Mineral Resources Amendment No. 21, 1995 ˙ ‘ Rehabilitation of land covered by mining claim ‘ 4.56A(1) Within 28 days after the termination of a mining claim, the holder must give the mining registrar a final rehabilitation report stating how the holder has rehabilitated land affected directly or indirectly by the holder’s mining activities under the claim. ‘ (2) After considering the report, the mining registrar may direct the holder to give the mining registrar further information about the rehabilitation. ‘ (3) If the mining registrar is not satisfied the holder has satisfactorily rehabilitated land, the mining registrar may, by written notice, give the holder reasonable directions about rehabilitating the land. ‘ (4) The holder must comply with the directions. Maximum penalty for subsection (4)—300 penalty units. ‘ (5) The holder and the holder’s employees or agents may, to the extent reasonably necessary to comply with the directions— (a) enter land stated in the notice; and (b) bring onto the land vehicles, vessels, machinery and equipment that are approved by the mining registrar for the purpose. ‘ (6) This section does not apply if— (a) a final rehabilitation report is lodged with a notice of surrender of a mining claim; or (b) the termination is for granting a new mining claim or a mining lease over the same land.’. ˙ Replacement of s 4.63 (Appeal against mining registrar’s determination) 35. Section 4.63— omit, insert— ˙ ‘ Appeals about mining claims ‘ 4.63(1) An applicant for a mining claim who is dissatisfied with a decision of a mining registrar to refuse to grant the mining claim (the “aggrieved person” ) may appeal against the decision to the Wardens

s 35 41 s 35 Mineral Resources Amendment No. 21, 1995 Court. ‘ (2) A holder of a mining claim who is dissatisfied with any of the following decisions of a mining registrar (also an “aggrieved person” ) may appeal against the decision to the Wardens Court— (a) a decision to impose a condition on a mining claim; (b) a decision to require an applicant for, or holder of, a mining claim to deposit security; 14 (c) a decision to give a direction to a mining claim holder about rehabilitating the land covered by the claim; (d) a decision to refuse to renew a mining claim. ‘ (3) However, an applicant may not appeal against a decision of a mining registrar made in accordance with a consent of the Governor in Council or decision of a Wardens Court. ˙ ‘ How to start an appeal ‘ 4.63A(1) An appeal is started by filing a written notice of appeal with the mining registrar. ‘ (2) The notice of appeal must be filed within 28 days after the aggrieved person receives notice of the decision appealed against. ‘ (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 28 days after the person is given the statement of reasons. ‘ (4) In addition, the Wardens Court may extend the period for filing the notice of appeal. ‘ (5) The notice of appeal must state the grounds of appeal. 14 See section 4.31 (Provision of security).

s 35 42 s 35 Mineral Resources Amendment No. 21, 1995 ˙ ‘ Stay of operation of decisions ‘ 4.63B(1) The Wardens Court may stay a decision appealed against to secure the effectiveness of the appeal. ‘ (2) A stay— (a) may be given on conditions the Wardens Court considers appropriate; and (b) operates for the period fixed by the Wardens Court; and (c) may be revoked or amended by the Wardens Court. ‘ (3) The period of a stay fixed by the Wardens Court must not extend past the time when the Wardens Court decides the appeal. ‘ (4) A decision, or the carrying out of a decision, is affected by the starting of an appeal only if the decision is stayed. ˙ ‘ Hearing procedures ‘ 4.63C(1) In deciding an appeal, the Wardens Court— (a) is not bound by the rules of evidence; and (b) must observe natural justice; and (c) may hear the appeal in court or chambers. 15 ‘ (2) An appeal is by way of rehearing. ˙ ‘ Powers of Wardens Court on appeal ‘ 4.63D(1) In deciding an appeal, the Wardens 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 mining registrar with directions the Wardens Court considers appropriate. 15 Under section 10.24 (Practice and procedure of Wardens Court), if the Act is silent or does not sufficiently state the practice and procedure applying in the Wardens Court, the practice and procedure of Magistrates Courts apply.

s 36 43 s 36 Mineral Resources Amendment No. 21, 1995 ‘ (2) In substituting another decision, the Wardens Court has the same powers as the mining registrar. Example— The Wardens Court may decide that an unsuccessful applicant for a mining claim be granted the claim and impose conditions on it. ‘ (3) If the Wardens Court substitutes another decision, the substituted decision is, for this Act, taken to be the decision of the mining registrar.’. ˙ Replacement of s 4.64 (Effect of termination of mining claim) 36. Section 4.64— omit, insert— ˙ ‘ Effect of termination of mining claim ‘ 4.64(1) This section applies on the termination of a mining claim. ‘ (2) However, this section (other than subsection (3)) does not apply to a mining claim if the termination is for granting a new mining claim or a mining lease over the same land to the holder of the terminated mining claim. ‘ (3) The person who was the holder of the terminated mining claim immediately before its termination must immediately remove each post or other thing used to mark the land under this Act (other than a survey mark or anything else required under another Act not to be removed). ‘ (4) On the termination of a mining claim, the ownership of all mineral, ore, tailings and other material ( “mineral” ), and structures, machinery and equipment ( “property” ), on the land covered by the terminated mining claim, divests from the owner and vests in the State. ‘ (5) However, subsection (4) applies to property only if it was brought onto the land under the terminated claim. ˙ ‘ Application may be made for approval to remove mineral and property ‘ 4.64A(1) This section applies to mineral and property that vests in the State on the termination of a mining claim.

s 36 44 s 36 Mineral Resources Amendment No. 21, 1995 ‘ (2) Anyone who had an interest in the mineral or property immediately before its ownership vests in the State may apply in writing to the mining registrar for permission to remove the mineral or property from the land. ‘ (3) The application— (a) must be made within 28 days after the mineral or property vests in the State (or a longer period, of not more than 3 months, allowed by the mining registrar); and (b) may be made even though a subsequent grant of a mining claim, exploration permit, mineral development licence or mining lease has been made over the land. ‘ (4) The mining registrar may approve or refuse to approve the application. ‘ (5) However, the mining registrar must approve the application if the mining registrar is satisfied— (a) the person was entitled to the mineral or property immediately before it vested in the State; and (b) there is enough security held for the mining claim to meet the costs for which it was deposited. 16 ‘ (6) The approval may be given on conditions stated in it. ‘ (7) If the application is approved, the person named in the approval may enter the land and remove mineral or property (other than covers, fencing, casings, linings, timbering or other things securing the safety of the land) stated in the application before the time stated in the approval ends. ‘ (8) Anything removed under subsection (7) divests from the State and vests in the person entitled to it immediately before the termination of the mining claim. ‘ (9) However, mineral divests from the State and forms part of the land if it is not removed before the later of— (a) the end of the time stated in an approval under this section; or (b) 3 months after the termination of the mining claim. 16 See section 4.31.

s 37 45 s 37 Mineral Resources Amendment No. 21, 1995 ˙ ‘ Property remaining on former mining claim may be sold etc. ‘ 4.64B(1) This section applies if the mining registrar has not received, or has received but not granted, an application for approval to remove property from land covered by a terminated mining claim within 3 months after the claim’s termination. ‘ (2) The mining registrar may— (a) sell the property by public auction or in another way; or (b) if the property has no commercial value—dispose of or destroy it. ‘ (3) Proceeds of a sale are to be applied in the following order towards— (a) the reasonable expenses incurred in the sale; (b) the cost of rectifying actual damage for which an amount of security deposited for the mining claim could have been used but was not used, or was inadequate; (c) amounts owing to the State under this Act by the former holder; (d) rates and charges (including interest on unpaid rates and charges) owing to a local government by the former holder for the mining claim; (e) amounts owing to a mortgagee by the former holder under a mortgage registered under this Act over the mining claim. ‘ (4) Any balance must be paid to the former holder. ‘ (5) If the mining registrar cannot decide the identity of, or locate, a person entitled to the proceeds or a part of the proceeds, the mining registrar may pay the amount to the Public Trustee as unclaimed moneys. ‘ (6) Compensation is not payable for a sale, disposal or destruction under this section.’. ˙ Amendment of s 5.4 (Entitlements under exploration permit) 37.(1) Section 5.4(2)— omit, insert— ‘ (2) An exploration permit authorises a person to enter the surface of restricted land only if—

s 38 46 s 39 Mineral Resources Amendment No. 21, 1995 (a) the owner of the land where the relevant permanent building, or relevant feature, is situated consents in writing to entry; and (b) the exploration permit holder gives the consent to the chief executive.’. (2) Section 5.4(2B)— omit. ˙ Amendment of s 5.8 (Application for exploration permit) 38.(1) Section 5.8(g)(iv)— omit . (2) Section 5.8(h)— omit, insert— ‘(h) be accompanied by— (i) a statement, acceptable to the Minister, but separate from the statement mentioned in paragraph (g), detailing the applicant’s financial and technical resources; and (ii) proof of the applicant’s identity; and (iii) the application fee prescribed under a regulation.’. ˙ Amendment of s 5.14 (Periodic reduction in land subject to exploration permit) 39.(1) Section 5.14 (heading)— omit, insert— ‘ Periodic reduction in land covered by exploration permit for mineral other than coal ’. (2) Section 5.14(1)— omit, insert— ‘ 5.14(1) Unless the Minister otherwise decides (whether before the grant of an exploration permit or during its term) the area of an exploration permit for a mineral other than coal must be reduced by 50%—

s 40 47 s 41 Mineral Resources Amendment No. 21, 1995 (a) at the end of the first 2 years after its grant; and (b) at the end of each subsequent year. ‘ (1A) The area remaining after the reduction must consist of whole sub- blocks.’. (3) Section 5.14— insert— ‘ (7) Compensation is not payable for a reduction in the area covered by an exploration permit under this section.’. ˙ Insertion of new s 5.14A 40. After section 5.14— insert— ˙ ‘ Periodic reduction in land covered by exploration permit for coal ‘ 5.14A(1) The Minister may require the holder of an exploration permit for coal to reduce the area covered by the permit in the way and to the extent the Minister considers reasonable. ‘ (2) However, the Minister may not require the holder to reduce the area covered by the permit to a greater extent than the reduction that must be made for other minerals. 17 ‘ (3) Compensation is not payable for a reduction in the area covered by an exploration permit under this section.’. ˙ Amendment of s 5.15 (Conditions of exploration permit) 41.(1) Section 5.15(1)(c)— omit, insert— ‘(c) a condition that the holder must rehabilitate the surface of the land covered by the permit to the Minister’s satisfaction; and’. (2) Section 5.15(1)(g)— 17 See section 5.14 (Periodic reduction in land covered by exploration permit for mineral other than coal).

s 42 48 s 42 Mineral Resources Amendment No. 21, 1995 omit, insert— ‘(g) a condition that the holder must, when and in the way the Minister requires, give to the Minister— (i) progress, relinquishment and final reports, accompanied by maps, sections, charts and other data giving full particulars and results of the exploration program and investigations carried out on the area specified by the Minister, including details of costs incurred for specified periods within the term of the exploration permit; and (ii) materials obtained because of the holder’s activities under the exploration permit; and (iii) an environmental management plan for the holder’s activities under the exploration permit; and’. (3) Section 5.15(5), after ‘conduct’— insert— ‘or practice’. ˙ Insertion of new s 5.15A and 5.15B 42. After section 5.15— insert— ˙ ‘ Draft guidelines for environmental impact statements ‘ 5.15A(1) This section applies if an exploration permit holder gives written notice to the Minister of the holder’s plan to prepare an environmental impact statement about a proposed mining project. ‘ (2) The Minister must issue draft guidelines for the preparation of the statement within 28 days after receiving the notice. ‘ (3) The draft guidelines— (a) must state the things the environmental impact statement must address; and (b) may state the way the things may or must be addressed. ‘ (4) The Minister must give a copy of the draft guidelines to the holder

s 43 49 s 43 Mineral Resources Amendment No. 21, 1995 and the mining registrar. ‘ (5) The mining registrar must— (a) immediately display a notice at the mining registrar’s office stating that the draft guidelines are available for comment until a stated day, at least 28 days after the day the notice is displayed; and (b) give a copy of the notice to the holder. ‘ (6) Within 7 days of receiving the notice or a longer period fixed by the mining registrar, the holder must— (a) publish a copy of the notice in a newspaper circulating generally in the relevant mining district; and (b) give the mining registrar a statutory declaration stating that the holder has published the notice. ‘ (7) Anyone may lodge written comments about the draft guidelines at the mining registrar’s office on or before the stated day. ˙ ‘ Guidelines for environmental impact statements ‘ 5.15B(1) After considering any written comments lodged at the mining registrar’s office on or before the day for making written comments about the draft guidelines, the Minister must issue guidelines for the preparation of the environmental impact statement. ‘ (2) The Minister must give a copy of the guidelines to the holder, the relevant local government and the mining registrar within 28 days after the day for lodging written comments about the draft guidelines ends.’. ˙ Amendment of s 5.16 (Provision of security) 43.(1) Section 5.16(1)(d)— omit, insert— ‘(d) amounts (other than penalties) payable to the State under this Act.’. (2) Section 5.16—

s 79 89 s 80 Mineral Resources Amendment No. 21, 1995 omit, insert— ‘ (6) An amount of compensation decided by agreement between the parties, or by the Wardens Court or the Land Court on appeal, is binding on the parties and the parties’ personal representatives, successors and assigns.’. ˙ Amendment of s 7.39 (Appeal against Wardens Court’s determination upon compensation) 79. Section 7.39— insert— ‘ (4A) In deciding an appeal, the Land Court must consider the things relevant to the appeal that the Wardens Court was required to consider when making the decision appealed against.’. ˙ Amendment of s 7.43 (Renewal of mining lease) 80. Section 7.43(2)(b)— omit, insert— ‘(b) be accompanied by— (i) written confirmation that the current environmental management overview strategy is to continue unamended; or (ii) an amended environmental management overview strategy acceptable to the Minister; and (c) be accompanied by— (i) written confirmation that the current plan of operations is to continue unamended; or (ii) an amended plan of operations acceptable to the Minister; and (d) be accompanied by the renewal fee prescribed under a regulation.’.

s 81 90 s 85 Mineral Resources Amendment No. 21, 1995 ˙ Insertion of new s 7.44A 81. After section 7.44— insert— ˙ ‘ Holder to notify owner of grant or renewal of mining lease ‘ 7.44A(1) The holder of a mining lease must notify each owner of land covered by the lease of the grant or renewal of the lease. ‘ (2) The notice must be given within 28 days after the holder receives notice of the grant or renewal.’. ˙ Omission of s 7.45 (Survey) 82. Section 7.45— omit. ˙ Amendment of s 7.46 (Mining lease where area not surveyed) 83. Section 7.46(1)— omit, insert— ‘ 7.46(1) The Governor in Council may grant or renew a mining lease, and the instrument of lease for the mining lease may be issued, even though the boundaries of the land have not been surveyed.’. ˙ Amendment of s 7.47 (Rental payable on mining lease) 84. Section 7.47(4)(b), ‘31 March’— omit, insert— ‘1 April’. ˙ Replacement of s 7.48 (Plan of operations) 85. Section 7.48— omit, insert—

s 85 91 s 85 Mineral Resources Amendment No. 21, 1995 ˙ ‘ Plan of operations and environmental audit statement ‘ 7.48(1) The holder of a mining lease must give to the Minister— (a) a plan of operations (the “plan” ) for mining under the lease; and (b) an environmental audit statement (the “statement” ) about the plan’s consistency with the accepted environmental management overview strategy for the lease. ‘ (2) The initial plan and statement must be given to the Minister at least 2 months before starting operations under the lease (or a shorter period approved by the Minister for the mining lease). ‘ (3) A later plan and statement must be given to the Minister at least 2 months before the current plan expires (or a shorter period approved by the Minister for the mining lease). ‘ (4) The plan and statement may relate to mining under more than 1 mining lease. ‘ (5) Within 28 days of receiving the plan and statement, the Minister may give the mining lease holder written notice that the plan is not acceptable if the Minister is not satisfied— (a) the plan properly addresses the way the purpose of the mining lease is to be carried out; or (b) the way the purpose is to be carried out is consistent with this Act, the conditions of the lease and the environmental management overview strategy for mining under the lease; or (c) the person preparing the statement acted responsibly and honestly when preparing it. ‘ (6) If the Minister gives the holder notice under subsection (5) and there is a current plan of operations, the current plan continues in force until the Minister is given a plan of operations with which the Minister is satisfied. ‘ (7) The holder of a mining lease and anyone acting under the lease must perform operations under the lease in accordance with the current plan of operations for the lease.

s 86 92 s 86 Mineral Resources Amendment No. 21, 1995 ˙ ‘ Amendment of plan of operations ‘ 7.48A(1) A mining lease holder may amend the plan of operations for mining under the lease by giving to the Minister— (a) a document stating the way the holder proposes to amend the plan; and (b) an environmental audit statement about the plan as amended. ‘ (2) The amendment takes effect 28 days after the document and statement are given to the Minister, unless within the 28 days the Minister gives the holder written notice that the amendment is not acceptable. ‘ (3) The amendment affects the period the plan is in force, only if the amendment provides it is to affect the period. ˙ ‘ Duration of plan of operations ‘ 7.48B(1) A plan of operations for a mining lease takes effect 28 days after the Minister is given a copy of the plan or, if a later day of effect is stated in the plan, the later day. ‘ (2) However, subsection (1) does not apply if the Minister gives the holder of the lease written notice that the plan is not acceptable within 28 days of being given the plan. ‘ (3) The plan of operations is in force for— (a) the period the Governor in Council decides when granting the lease; or (b) not more than 5 years from the day it takes effect, (or a shorter period fixed by the Minister by written notice given to the holder), unless earlier replaced by a later plan. ‘ (4) Subsections (1), (2) and (3)(b) also apply to a plan replacing a current plan of operations.’. ˙ Amendment of s 7.50 (Variation of mining lease for accuracy etc.) 86. Section 7.50(1)(c)— omit, insert—

s 87 93 s 88 Mineral Resources Amendment No. 21, 1995 ‘(c) facts have appeared or been established since the grant of the mining lease that satisfy the Minister that an amendment of the mining lease should be made to more accurately reflect the holder’s entitlements under the lease;’. ˙ Amendment of s 7.54 (Consolidation of mining leases) 87.(1) After section 7.54(1A)— insert— ‘ (1B) If the mining registrar is not satisfied the land is adjoining, the holder may apply to the Wardens Court for an order declaring the land to be adjoining land for this section.’. (2) Section 7.54(2), ‘On the recommendation of the Minister, the Governor in Council’— omit, insert— ‘The Governor in Council’. (3) Section 7.54(2B)— omit, insert— ‘ (2B) If, within the proposed area of the consolidated mining lease, there is an area not included in 1 of the leases to be consolidated, the Governor in Council may include the area in the consolidated mining lease. ‘ (2C) A consolidated mining lease may be granted only if the Minister is satisfied arrangements for compensation, the deposit of security and the proposed conditions of the mining lease are adequate.’. (4) Section 7.54(3), ‘, on the recommendation of the Minister’— omit . ˙ Amendment of s 7.64 (Surrender of mining lease) 88.(1) Section 7.64(2)(d)— omit, insert— ‘(d) if land covered by the surrender is not included in an application to which subsection (7) applies—a final rehabilitation report

s 89 94 s 89 Mineral Resources Amendment No. 21, 1995 stating how the holder has rehabilitated land affected directly or indirectly by mining activities on the mining lease; and (e) an environmental audit statement confirming that the holder has met the rehabilitation requirements under the environmental management overview strategy and plan of operations; and (f) the fee prescribed under a regulation.’. (2) Section 7.64— insert— ‘ (2A) The Minister may, by written notice, give the mining lease holder directions about rehabilitating the land, and require the holder to give the Minister a further rehabilitation report and environmental audit statement on carrying out the directions, if the Minister is not satisfied— (a) the holder has rehabilitated the land in accordance with the accepted environmental management overview strategy and plan of operations; and (b) the person preparing the statement acted responsibly and honestly when preparing the statement.’. (3) Section 7.64— insert— ‘ (3A) The Minister may accept a surrender under subsection (3) only if the Minister is satisfied the holder has satisfactorily rehabilitated the land.’. (4) Section 7.64(6A)— omit, insert— ‘ (6A) In a proceeding for the recovery of an amount owing to the State under this Act, a certificate signed by the chief executive stating the amount of the debt is evidence of the amount of the debt.’. ˙ Replacement of s 7.67 (Effect of termination of mining lease) 89. Section 7.67— omit, insert—

s 89 95 s 89 Mineral Resources Amendment No. 21, 1995 ˙ ‘ Effect of termination of mining lease ‘ 7.67(1) This section applies on the termination of a mining lease. ‘ (2) However, this section does not apply to a mining lease if the termination is for granting a mining claim or a new mining lease over the land covered by the terminated lease to the holder of the terminated lease. ‘ (3) On the termination of the mining lease, the ownership of all mineral, ore, tailings and other material ( “mineral” ), and any structures, machinery and equipment ( “property” ), on the land covered by the terminated lease divests from the owner and vests in the State. ‘ (4) However, subsection (3) applies to property only if it was brought onto the land under the terminated mining lease. ˙ ‘ Application for approval to remove mineral and property ‘ 7.67A(1) This section applies to mineral and property that vests in the State on the termination of a mining lease. ‘ (2) Anyone who had an interest in the mineral or property immediately before its ownership vests in the State may apply in writing to the Minister for permission to remove the mineral or property from the land. ‘ (3) The application— (a) must be made within 28 days (or a longer period, of not more than 3 months, allowed by the Minister) after the mineral or property vests in the State; and (b) may be made even though a subsequent grant of a mining claim, exploration permit, mineral development licence or mining lease is made over for the land. ‘ (4) The Minister may approve or refuse to approve the application. ‘ (5) However, the Minister must approve the application if the Minister is satisfied— (a) the person was entitled to the mineral or property immediately before it vested in the State; and

s 89 96 s 89 Mineral Resources Amendment No. 21, 1995 (b) there is enough security to meet the costs for which it was deposited. 27 ‘ (6) The approval may be given on conditions stated in it. ‘ (7) If the application is approved, the person named in the approval may enter the land and remove the mineral or property (other than covers, fencing, casings, linings, timbering or other things securing the safety of the land) stated in the application before the time stated in the approval ends. ‘ (8) Anything removed under subsection (7) divests from the State and vests in the person entitled to it immediately before the termination of the mining lease. ‘ (9) However, mineral divests from the State and forms part of the land if it is not removed before the later of— (a) the end of the time stated in an approval under this section; or (b) 3 months after the mining lease’s termination. ˙ ‘ Property remaining on former mining lease may be sold ‘ 7.67B(1) This section applies if the mining registrar has not received an application, or has received an application that has not been granted, for approval to remove property from the site of a terminated mining lease within 3 months after the lease’s termination. ‘ (2) The Minister may direct the mining registrar to— (a) sell the property by public auction or in another stated way; or (b) if the property has no commercial value—dispose of or destroy it. ‘ (3) Proceeds of a sale are to be applied in the following order towards— (a) the reasonable expenses incurred in the sale; (b) the cost of rectifying actual damage for which an amount of security deposited for the terminated mining lease could have been used, but was not used, or was inadequate; (c) amounts owing to the State under this Act by the former holder; 27 See section 7.34 (Provision of security).

s 90 97 s 91 Mineral Resources Amendment No. 21, 1995 (d) rates and charges (including interest on unpaid rates and charges) owing to a local government by the former holder for the lease; (e) amounts owing to a mortgagee under a mortgage registered under this Act over the lease. ‘ (4) Any balance must be paid to the former holder. ‘ (5) If the mining registrar cannot decide the identity of, or locate, a person entitled to the proceeds or part of the proceeds, the mining registrar may pay the amount to the Public Trustee as unclaimed moneys. ‘ (6) Compensation is not payable for a sale, disposal or destruction under this section.’. ˙ Amendment of s 7.68 (Approval of additional activities upon mining lease application) 90. Section 7.68(1)— omit, insert— ‘ 7.68(1) This section applies if an applicant for a mining lease holds an existing licence, claim or permit under this Act that does not allow the applicant to do something (other than winning or extracting minerals) someone may do under a mining lease. ‘ (1AA) The applicant may apply to the Minister for approval to enter land, or a particular part of the land, covered by the application for the lease for a purpose (other than winning or extracting minerals) that is not allowed under the applicant’s existing authority. ‘ (1AB) This section does not limit a person’s entitlement as an applicant for a mining lease.’. ˙ Replacement of s 7.69 (Mining lease for carriage through land) 91. Section 7.69— omit, insert— ‘ Mining lease for transportation through land ‘ 7.69(1) This section applies if a person who holds a mining lease for particular land—

s 92 98 s 92 Mineral Resources Amendment No. 21, 1995 (a) wants a mining lease over land not covered by the person’s lease for the transportation of something through, over or under the land by a pipeline, aerial ropeway, conveyor apparatus, transmission line or similar method of transport; and (b) does not hold a prospecting permit, exploration permit or mineral development licence for the land. ‘ (2) The Governor in Council may grant to a person a mining lease for the transportation of the thing through, over or under the land covered by the application for the lease if— (a) the Minister is satisfied the proposed lease is for a purpose associated with or arising from activities performed, or to be performed, under the person’s mining lease; or (b) before the person applied for the lease, the Governor in Council, under a regulation, declared the transportation of the thing through, over or under land not covered by a mining lease by a pipeline, aerial ropeway, conveyor apparatus, transmission line or similar method of transport to be an activity associated with or arising from mining. ‘ (3) An application for a mining lease under this section must be given to the mining registrar for the applicant’s current mining lease. ‘ (4) If land included in the application is covered by an exploration permit or mineral development licence, the application does not have to be accompanied by the consent of the permit or licence holder, but the applicant must give written notice of the application to the permit or licence holder within 7 days after lodging the application. ‘ (5) The chief executive may either completely or partly dispense with a requirement under this Part for marking out the land included in the application.’. ˙ Insertion of new s 7.71 92. After section 7.70— insert—

s 92 99 s 92 Mineral Resources Amendment No. 21, 1995 ˙ ‘ Rehabilitation of land covered by mining lease ‘ 7.71(1) Within 3 months after the termination of a mining lease, the holder must give the Minister— (a) a final rehabilitation report— (i) stating that the holder has rehabilitated land affected directly or indirectly by mining activities on the mining lease in accordance with the accepted environmental management overview strategy and plan of operations; and (ii) outlining how the holder has rehabilitated the land; and (b) an environmental audit statement confirming that the holder has met the rehabilitation requirements under the environmental management overview strategy and plan of operations. ‘ (2) Within 6 months after receiving the report and statement, the Minister may give the mining lease holder reasonable directions about rehabilitating the land, and require the holder to give the Minister a further rehabilitation report and environmental audit statement within a stated time, if the Minister is not satisfied— (a) the holder has rehabilitated the land in accordance with the accepted environmental management overview strategy and plan of operations; or (b) the person preparing the environmental audit statement acted responsibly and honestly when preparing it. ‘ (3) The holder must comply with the directions. Maximum penalty—2 000 penalty units. ‘ (4) The holder and the holder’s employees or agents may, to the extent reasonable and necessary to comply with the directions— (a) enter land stated in the notice; and (b) bring onto the land vehicles, vessels, machinery and equipment. ‘ (5) This section does not apply if— (a) a final rehabilitation report is lodged with a notice of surrender of a mining lease; or

s 93 100 s 95 Mineral Resources Amendment No. 21, 1995 (b) the termination is for granting a mining claim or a new mining lease for the same land.’. ˙ Replacement of s 10.2 (Acting mining registrars) 93. Section 10.2— omit, insert— ˙ ‘ Acting mining registrar ‘ 10.2 The Minister may appoint an appropriate person to act as a mining registrar during— (a) any vacancy, or all vacancies, in the office; or (b) any period, or all periods, when the mining registrar is absent from the State or, for another reason, cannot perform the functions of the office.’. ˙ Amendment of s 10.7 (Powers of mining registrars and others) 94. Section 10.7(1)— insert— ‘(ba)a person of a class prescribed under a regulation; and’. ˙ Replacement of s 10.9 (Appointment of wardens) 95. Section 10.9— omit, insert— ˙ ‘ Qualifications for appointment of wardens ‘ 10.9 A person is qualified to be appointed as a warden if the person is a lawyer of at least 5 years standing. ˙ ‘ Appointment of wardens ‘ 10.9A(1) The Governor in Council may appoint the number of wardens necessary for transacting the business of the Wardens Court. ‘ (2) The Public Service Management and Employment Act 1988 and the

s 95 101 s 95 Mineral Resources Amendment No. 21, 1995 PublicSectorManagementCommissionAct1990 do not apply to the appointment of a warden. ˙ ‘ Terms and conditions of employment ‘ 10.9B(1) A warden is to be paid— (a) salary fixed under the Judges(SalariesandAllowances)Act1967 ; and (b) the allowances decided by the Governor in Council. ‘ (2) The Governor in Council is to decide the terms of the appointment (other than salary). ‘ (3) Employment of a warden is not subject to an industrial award or agreement, or a decision or rule of an industrial tribunal. ˙ ‘ Preservation of rights ‘ 10.9C(1) This section applies if an officer of the public service is appointed as a warden. ‘ (2) The person keeps the rights the person has accrued because of employment as an officer of the public service, or that would accrue in the future to the person, as if service as a warden were a continuation of service as an officer of the public service. ‘ (3) If the person ceases to be a warden on being appointed to an office of the public service, the person’s service as a warden is service as an officer of the public service for working out the person’s rights as an officer of the public service. ˙ ‘ Appointment of acting wardens ‘ 10.9D(1) The Governor in Council may appoint anyone qualified to be appointed as a warden to act as a warden. ‘ (2) The Public Service Management and Employment Act 1988 and the PublicSectorManagementCommissionAct1990 do not apply to the person while acting as a warden. ‘ (3) However, if the person is an officer of the public service, the person

s 95 102 s 95 Mineral Resources Amendment No. 21, 1995 keeps the rights the person has accrued because of employment as an officer of the public service, or that would accrue in the future to the person because of the employment, as if service as an acting warden were a continuation of service as an officer of the public service. ˙ ‘ Jurisdiction and powers of wardens ‘ 10.9E A warden may exercise, throughout the State, the jurisdiction, powers and functions conferred on a warden under this or another Act. ˙ ‘ Oath to be taken by warden ‘ 10.9F(1) A person appointed as a warden may exercise a power or function of a warden only if the person has— (a) taken the oath prescribed under a regulation or, if no oath is prescribed, by another Act; or (b) made an affirmation in the form of the oath. ‘ (2) An oath or affirmation mentioned in subsection (1) may be taken or made before a Supreme Court Judge, District Court Judge, Magistrate or warden. ‘ (3) The person’s appointment ends if the person does not take the oath or make the affirmation within 3 months after appointment as a warden. ˙ ‘ Tenure of office ‘ 10.9G(1) A person ceases to be a warden if— (a) the person resigns by signed notice of resignation given to the Minister; or (b) the person elects to retire on or after turning 55 by signed notice given to the Minister; or (c) the person is removed from office as a warden. ‘ (2) A resignation or retirement takes effect on the day the notice of resignation or retirement is given to the Minister or, if a later day of effect is stated in the notice, the later day.

s 96 103 s 97 Mineral Resources Amendment No. 21, 1995 ˙ ‘ Continuation of jurisdiction on retirement ‘ 10.9H A person who ceases to be a warden for any reason (other than death or removal from office) is taken to continue to be a warden so far as it is necessary to give a decision in a matter the person has partly heard or not decided. ˙ ‘ Existing wardens continue in office ‘ 10.9I(1) A person who holds office as a warden immediately before the commencement of this section continues in office as a warden. ‘ (2) The warden is to be paid the salary payable to a warden under this Act immediately before the commencement of this section until the warden’s salary is fixed under the Judges (Salaries and Allowances) Act1967 . ‘ (3) This section expires 1 day after it commences.’. ˙ Omission of s 10.13 (Acting wardens) 96. Section 10.13— omit. ˙ Insertion of new s 10.15A 97. After section 10.15— insert— ˙ ‘ Mining registrar may constitute Wardens Court in some cases ‘ 10.15A(1) A mining registrar may constitute a Wardens Court at a place whenever a warden cannot attend the place to conduct the business of the Wardens Court. ‘ (2) However, the mining registrar may only— (a) adjourn a matter before a Wardens Court; or (b) set a matter down for hearing by a Wardens Court; or (c) enter judgment for an amount not more than the amount specified

s 98 104 s 100 Mineral Resources Amendment No. 21, 1995 in the MagistratesCourtsAct1921 , section 4 (Jurisdiction of Magistrates Courts).’. 28 ˙ Amendment of s 10.20 (Substantive jurisdiction) 98. Section 10.20(7)— omit, insert— ‘ (7) This section does not confer jurisdiction on a Wardens Court in relation to the recovery of wages or amounts owing under an industrial award or agreement.’. ˙ Amendment of s 10.33 (Powers of Wardens Court) 99. Section 10.33(1)(d)— omit, insert— ‘(d) grant prohibition orders, including, for example, orders requiring a person— (i) not to destroy information the person has obtained while performing an investigation for a Wardens Court hearing or inquiry; or (ii) not to destroy information in the person’s possession because of an investigation for a Wardens Court hearing or inquiry; or (iii) not to disclose information known to the person because of the person’s involvement in an investigation performed for a Wardens Court hearing or inquiry; and (da) grant injunctions, attachment orders and charging orders; and’. ˙ Replacement of s 11.20 (Directions etc. to be complied with) 100. Section 11.20— omit, insert— 28 The amount is currently $40 000.

s 100 105 Mineral Resources Amendment s 100 No. 21, 1995 ˙ ‘ Directions to be complied with ‘ 11.20 A person must comply with a direction given to, or a requirement made of, the person by a mining registrar, field officer or other authorised officer under this Act, unless the person has a reasonable excuse. Maximum penalty—1 500 penalty units. ˙ ‘ Wardens Court may review lawfulness of directions ‘ 11.20A(1) A person dissatisfied with a direction or requirement given or made by a mining registrar, field officer or other authorised officer may, if no other right of appeal against the direction or requirement is given under this Act, apply in writing to the Wardens Court for a review of the direction or requirement. ‘ (2) The application must— (a) set out the grounds for review; and (b) be filed at the office of the mining registrar for the mining district in which the direction or requirement was given or made. ‘ (3) If the registrar is not the person who gave the direction or made the requirement, the registrar must give a copy of the application to the person who gave or made it. ‘ (4) The Wardens Court must review the direction or requirement and may make any inquiry the Wardens Court considers appropriate to help the warden reach a decision. ‘ (5) The Wardens Court may— (a) confirm the direction or requirement; or (b) amend the direction or requirement; or (c) revoke the direction or requirement. ‘ (6) If the Wardens Court amends the direction or requirement, the warden’s decision is taken to be the direction or requirement of the mining registrar, field officer or authorised officer. ‘ (7) The Wardens Court must notify the decision to— (a) the person dissatisfied; and

s 101 106 Mineral Resources Amendment s 102 No. 21, 1995 (b) the mining registrar, field officer or authorised officer who gave or made the direction or requirement.’. ˙ Amendment of s 11.21 (Minister may require survey) 101.(1) Section 11.21(1), ‘in a manner prescribed by subsection (2)’— omit . (2) Section 11.21(2)— omit, insert— ‘ (2) The land must be surveyed in the way approved by the Minister by a surveyor licensed under the Surveyors Act 1977 .’. ˙ Replacement of s 11.27 (Evidentiary provisions) 102. Section 11.27— omit, insert— ˙ ‘ Evidentiary provision ‘ 11.27(1) This section applies to a proceeding under this Act. ‘ (2) The appointment or power of the chief executive, a warden, mining registrar, field officer or other authorised officer must be presumed unless a party, by reasonable notice, requires proof of— (a) the appointment; or (b) the power to do anything under this Act. ‘ (3) A signature purporting to be the signature of the chief executive, a warden, mining registrar, field officer or other authorised officer is evidence of the signature it purports to be. ‘ (4) A certificate purporting to be signed by a person mentioned in subsection (3), and stating any of the following matters is evidence of the matter— (a) a stated document is— (i) an authority or a copy of an authority; or (ii) an order, direction, requirement or decision, or a copy of an

s 103 107 Mineral Resources Amendment s 103 No. 21, 1995 order, direction, requirement or decision, given or made under this Act; or (iii) a notice, or a copy of a notice, given under this Act; or (iv) a record, or a copy of a record, kept under this Act; (b) on a stated day, or during a stated period, a stated person was or was not the holder of an authority or a stated authority; (c) a stated authority was or was not in force on a stated day or during a stated period; (d) on a stated day, a stated authority terminated or was surrendered; (e) on a stated day, a stated person was given a stated notice, order, requirement or direction under this Act; (f) a stated fee or other amount is payable by a stated person to the State and has not been paid; (g) anything else prescribed under a regulation. ‘ (5) A certificate purporting to be signed by the chief executive of the department within which the Land Act 1994 is administered, stating things about stated land that are material to classifying the land as being or not being occupied land, is evidence of the things stated. ‘ (6) In this section— “authority” means— (a) a prospecting permit; or (b) a mining claim; or (c) an exploration permit; or (d) a mineral development licence; or (e) a mining lease.’. ˙ Amendment of s 11.31 (Regulations) 103.(1) Section 11.31(1), ‘not inconsistent with this Act for or with respect to’— omit, insert—

s 104 108 Mineral Resources Amendment s 105 No. 21, 1995 ‘under this Act. ‘ (2) A regulation may be made about the following matters—’. (2) Section 11.31(1)(a), (j), (s) and (t)— omit. (3) Section 11.31(2), (3), (5), (6) and (7)— omit. ˙ Omission of s 11.32 (Existing orders in council and rules of court) 104. Section 11.32— omit. ˙ Insertion of ss 11.33 – 11.35 105. After section 11.32— insert— ˙ ‘ Application of Acts Interpretation Act, s 20A ‘ 11.33(1) Section 11.32 is a law to which Acts Interpretation Act 1954 , section 20A applies. ‘ (2) This section expires on the day it commences. ˙ ‘ References to repealed Acts ‘ 11.34 A reference in an Act or document to the following Acts is taken to be a reference to this Act— • Mining Act 1898 62 Vic No. 24 • Mining Act 1968 No. 51 ˙ ‘ Numbering and renumbering of Act ‘ 11.35 The Reprints Act 1992 , section 43 (Numbering and renumbering) must be used in the next reprint of this Act produced under the Reprints Act1992 .’.

s 106 109 Mineral Resources Amendment s 107 No. 21, 1995 ˙ Amendment of Sch 2 (Savings, transitional and validation) 106.(1) Schedule 2, section 2— insert— ‘ (8C) On the grant of a mining lease under this section, a mortgage or encumbrance that, immediately before the grant, attached to the mining claim attaches to the mining lease.’. (2) Schedule 2, section 3— insert— ‘ (1AB) However, if the holder does not have the written consent of the owner or Governor in Council to disturbing the surface of a reserve covered by the mining lease, the holder must obtain the consent before disturbing the surface of the reserve.’. (3) Schedule 2, section 3(10)(a), after ‘granted’, first mention— insert— ‘under the Mining Act 1968 ’. (4) Schedule 2, section 3— insert— ‘ (12C) On the grant of a mineral development licence under this section, a mortgage or encumbrance that, immediately before the grant, attached to the mining lease attaches to the mineral development licence.’. ˙ Other Acts amended 107. Schedule 2 amends the Acts it mentions.

110 Mineral Resources Amendment No. 21, 1995 ¡ SCHEDULE 1 MINOR AMENDMENTS OF MINERAL RESOURCES ACT 1989 section 3 of the Act 1. Sections 4.14(2) and 7.13(2), ‘a natural person’— omit, insert— ‘an individual’. 2. Sections 4.3(1)(b)(i) and (3), 4.13(2), 5.4(1)(a) and (b), 6.3(3)(b) and (c), 7.12(2), 10.7(1)(d) and 10.14, ‘and be upon’— omit. 3. Section 4.23(1), ‘Notwithstanding the provisions of’— omit, insert— ‘Despite’. 4. Sections 4.54(2)(a), 6.27(2)(a) and 7.63(2)(a), ‘by 31 March’— omit, insert— ‘before 1 April’. 5. Section 4.54(5)— omit. 6. Sections 5.30(5)(a) and 6.24(5)(a)— omit, insert— ‘(a) an interest that is a registrable charge under the Corporations Law;

111 Mineral Resources Amendment SCHEDULE 1 (continued) or’. No. 21, 1995 7. Section 5.32(6)— omit . 8. Section 6.27(6)— omit. 9. Section 7.63(5)— omit . 10. Section 9.2(4)— omit. 11. Section 9.3(2)(c)— omit, insert— ‘(c) if the return, document or statement has been lodged by or for a corporation—may rely on work performed by auditors who have examined the corporation’s accounts.’. 12. Section 9.3(4)— omit. 13. Section 10.24(1), ‘forms used,’— omit.

112 Mineral Resources Amendment No. 21, 1995 SCHEDULE 1 (continued) 14. Section 11.13— omit, insert— ‘ Delegation by minister ‘ 11.13 The Minister may delegate all or any of the Minister’s powers under this Act to an officer or employee of the department.’. 15. Section 11.17(1)(e), ‘an order in council’— omit, insert— ‘a regulation’. 16. Section 11.17(1)(e), ‘by that order in council’— omit, insert— ‘under a regulation’. 17. Schedule 2, section 2(6) to (11) and (13) to (20)— omit. 18. Schedule 2, section 3(4) to (4E), (6) to (7), (9) to (9B) and (12) to (16)— omit. 19. Schedule 2, section 4(4) and (6) to (8)— omit. 20. Schedule 2, sections 6 to 10, 11(6) and (7), 12, 13, 14(1) to (3A), 15, 22 and 23— omit .

113 Mineral Resources Amendment No. 21, 1995 SCHEDULE 1 (continued) 21. Sections 3.20(1), 4.14(1)(a), 4.17(1), 4.41(4), 4.45(2)(a), 4.54(3), 4.66(1), 5.8(a), 5.24(2)(a), 5.32(3), 6.4(a), 6.18(2)(a), 6.27(3), 6.39(1), 7.13(1)(a), 7.18(1), 7.43(4), 7.56(2)(a), 7.63(3) and 7.70(1), ‘in or to the effect of the prescribed form’— omit, insert— ‘in the approved form’. 22. Sections 3.8(2), 4.36, 4.45(1), 4.47(1)(b), 4.55(1)(a), 5.12(2), 5.24(1), 5.26(1)(b), 5.30(1), 6.7(5), 6.8, 6.18(1), 6.20(1)(b), 6.24(1), 6.28(2)(a), 6.39(5), 7.20(1), 7.55(4), 7.56(1), 7.58(1)(d), 7.64(2)(a), 8.1(3), 10.28(2)(a), 10.29(2)(a) and 11.2, ‘prescribed form’— omit, insert— ‘approved form’. 23. Section 3.8(5), ‘form prescribed’— omit, insert— ‘approved form’. 24. Section 4.41(2)(a), ‘in writing in the prescribed manner and form’— omit, insert— ‘in the prescribed way’. 25. Sections 5.19, 6.16(2), 7.43(2)(a) and 11.6, ‘prescribed manner and form’— omit, insert— ‘prescribed way’.

114 Mineral Resources Amendment No. 21, 1995 ¡ SCHEDULE 2 OTHER ACTS AMENDED section 107 of the Act JUDGES (SALARIES AND ALLOWANCES) ACT 1967 1. Part 4, heading— insert— ‘ AND MINING WARDENS ’. 2. After section 4— insert— ‘ Salary of wardens ‘ 4A.(1) In this section— “warden” means a warden under the Mineral Resources Act 1989 . ‘ (2) The rate of salary payable to a warden is to be fixed by determination of the Tribunal. ‘ (3) However, the annual rate of salary payable to a warden must not be reduced by determination. ‘ (4) The salary is payable out of the Consolidated Fund, which is appropriated accordingly.’. 3. Section 5(3)— insert— ‘(f) a warden.’.

115 Mineral Resources Amendment SCHEDULE 2 (continued) 4. After section 12(1)(e)— insert— ‘(f) the rate of salary payable to a warden.’. No. 21, 1995 5. Section 12(7), after ‘Magistrates’— insert— ‘and wardens’. 6. Section 12(8)— insert— ‘(d) wardens—the Minister administering the Mineral Resources Act1989 .’. 7. Section 13(2)‚ after ‘of a Magistrate’— insert— ‘or warden’. 8. Section 13(2)(d), after ‘for a Magistrate’— insert— ‘or warden’. 9. Section 13(2)(d)(ii), after ‘Magistrate’— insert— ‘or warden’.

116 Mineral Resources Amendment No. 21, 1995 SCHEDULE 2 (continued) CONTAMINATED LAND ACT 1991 1. Section 54, ‘officer or’— insert— ‘officer of the public service or’. PENALTIES AND SENTENCES ACT 1992 1. Section 4, definition “proper officer”— insert— ‘(d) for an order of a Wardens Court—the registrar.’. 2. Section 8(1)— insert— ‘(d) if the order was made by a Wardens Court—any Wardens Court sitting at any place in Queensland.’. 3. Section 8(2), after ‘Magistrate’— insert— ‘, warden’. 4. Section 8A(2)— insert— ‘(d) a warden—to an officer employed in a mining registrar’s office.’.

117 Mineral Resources Amendment No. 21, 1995 The State of Queensland 1995