Mineral Resources Amendment Regulation (No. 1) 2009 (Qld)

Queensland Mineral Resources Amendment Regulation (No. 1) 2009 Subordinate Legislation 2009 No. 55 made under the MineralResourcesAct1989 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of s 13A (Reporting to Minister—Act, s 141) . . . . . . 2 4 Amendment of s 13B (Annual report for exploration permit) . . . . 2 5 Amendment of s 13C (Relinquishment report for exploration permit) ........................................ 3 6 Amendment of s 13D (Final report for exploration permit) . . . . . . 3 7 Insertion of new ss 14A–14D . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 14A Reporting to Minister—Act, s 194 . . . . . . . . . . . . . . . 4 14B Annual report for mineral development licence . . . . . 5 14C Partial surrender report for mineral development licence ............................... 7 14D Final report for mineral development licence . . . . . . . 9 8 Amendment of s 39 (Royalty discounts for particular minerals) . . 10 9 Amendment of sch 7 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 10

Mineral Resources Amendment Regulation (No. 1) 2009 [s 1] 1 Short title This regulation may be cited as the Mineral Resources Amendment Regulation (No. 1) 2009 . 2 Regulation amended This regulation amends the MineralResourcesRegulation 2003. 3 Amendment of s 13A (Reporting to Minister—Act, s 141) Section 13A(1), ‘section 141(f)’— omit, insert — ‘section 141(1)(f)’. 4 Amendment of s 13B (Annual report for exploration permit) (1) Section 13B(2)(g), ‘costs of compliance’— omit, insert — ‘complying’. (2) Section 13B(2)(h), after ‘agreement’— insert — ‘or native title conditions’. (3) Section 13B(3)— omit, insert — ‘(3) However, the expenditure statement must not include expenditure in relation to any of the following— (a) background land tenure searches and assessments; (b) cultural heritage surveys; (c) rent, fees and security paid under the Act for the permit; (d) obtaining legal advice or legal representation, including disbursements and interest on amounts payable for legal services; Page 2 2009 SL No. 55

Mineral Resources Amendment Regulation (No. 1) 2009 [s 5] (e) environmental rehabilitation; (f) compensation to owners of land affected by the permit for damage to improvements or loss of business; (g) compensation to the State or owners under section 145 of the Act; (h) consultation and negotiation with native title parties, other than allowable costs under a native title agreement or native title conditions; (i) capital assets.’. 5 Amendment of s 13C (Relinquishment report for exploration permit) (1) Section 13C, heading, ‘Relinquishment’— omit, insert — ‘ Partial relinquishment ’. (2) Section 13C(1), ‘the exploration permit (a relinquishment report )’— omit, insert — ‘an exploration permit (a partial relinquishment report )’. (3) Section 13C(2), definitions general area information and tenure information , ‘relinquishment report’— omit, insert — ‘partial relinquishment report’. (4) Section 13C(2) and (3), as amended— renumber and relocate as section 13C(3) and (2). 6 Amendment of s 13D (Final report for exploration permit) (1) Section 13D(1), ‘results of an exploration’— omit, insert — ‘results of exploration’. (2) Section 13D(1)(b), ‘relinquishment report’— 2009 SL No. 55 Page 3

Mineral Resources Amendment Regulation (No. 1) 2009 [s 7] omit, insert — ‘partial relinquishment report’. (3) Section 13D(1)(c)— omit, insert — ‘(c) a statement of expenditure for the whole of the term of the permit (an expenditure statement ) containing an itemisation of expenditure in relation to the matters mentioned in section 13B(2).’. (4) Section 13D(3)— omit . (5) Section 13D(4)— renumber as section 13D(3). 7 Insertion of new ss 14A–14D Part 6, before section 15— insert — ‘14A Reporting to Minister—Act, s 194 ‘(1) A report mentioned in section 194(1)(f) of the Act must— (a) be lodged electronically using the system for submission of reports made or approved by the chief executive; and (b) be in the digital form made or approved by the chief executive. ‘(2) However, the report may be in hard copy form if the chief executive gives the holder approval before the report is given. ‘(3) The chief executive must ensure the system and a document detailing the digital format made or approved by the chief executive are available for inspection on the department’s website. Page 4 2009 SL No. 55

Mineral Resources Amendment Regulation (No. 1) 2009 [s 7] Editor’s Note — A document about the system for submission of reports, called ‘Queensland digital exploration reports system (QDEX)’, is available for inspection at <qeri.dme.qld.gov.au/qeri/controller/Home>. ‘14B Annual report for mineral development licence ‘(1) For section 194(1)(f) of the Act, the information prescribed for a report for each year of the term of a mineral development licence (an annual report ) mentioned in subsection (1)(f)(i) of that section is— (a) for the first annual report—a statement detailing the purpose of the grant of the mineral development licence; and Examples of the purpose — • to continue coal exploration drilling to bring coal reserves up to indicated status • to undertake studies as to the commercial viability or market opportunities for any resource or reserve (b) a full technical summary of the authorised activities for the licence carried out during the reporting period, including— (i) assay results; and (ii) geological, geophysical, geochemical, drilling or remote sensing data including maps showing the geophysical and geochemical anomalies and prospects or mineralisation in the area; and (iii) any three-dimensional models generated as part of exploration in the area; and (c) if applicable, a statement detailing whether the program of activities for the licence was complied with during the reporting period, including details of, and reasons for, any failure to comply with the program; and (d) if applicable, a statement of the authorised activities proposed to be carried out under the licence for the next reporting period; and 2009 SL No. 55 Page 5

Mineral Resources Amendment Regulation (No. 1) 2009 [s 7] (e) a statement and a map with cross-sections of any resources and reserves identified; and (f) statements describing any significant mineralisation identified and related geological or structural features; and (g) a statement of expenditure (an expenditure statement ) itemising the expenditure incurred in relation to each authorised activity carried out under the licence during the reporting period. ‘(2) The expenditure statement must contain a separate itemisation of expenditure in relation to each of the following, where applicable— (a) drilling and completion activities; (b) trenching, costeaning or pitting; (c) geophysical and geochemical surveys; (d) technical evaluation and analysis; (e) metallurgical testing; (f) data management or data interpretation; (g) mining feasibility, environmental or marketing studies; (h) engineering and design studies; (i) operational and administrative expenses, limited to 10% of the total expenditure; (j) complying with native title conditions; (k) allowable costs under a native title agreement or native title conditions. ‘(3) However, the expenditure statement must not include expenditure in relation to any of the following— (a) background land tenure searches and assessments; (b) cultural heritage surveys; (c) rent, fees and security paid under the Act for the licence; Page 6 2009 SL No. 55

Mineral Resources Amendment Regulation (No. 1) 2009 [s 7] (d) obtaining legal advice or legal representation, including disbursements and interest on amounts payable for legal services; (e) environmental rehabilitation; (f) compensation to owners of land affected by the licence for damage to improvements or loss of business; (g) compensation to the State or owners under section 191 of the Act; (h) consultation and negotiation with native title parties, other than allowable costs under a native title agreement or native title conditions; (i) capital assets. ‘(4) The expenditure statement must be given with, but be in a separate document from, the remainder of the annual report. ‘(5) In this section— reporting period means each 1 year period from the anniversary of the day the mineral development licence takes effect. ‘14C Partial surrender report for mineral development licence ‘(1) For section 194(1)(f) of the Act, the information prescribed for a report about a reduction in the area of a mineral development licence (a partial surrender report ) mentioned in subsection (1)(f)(ii) of that section is— (a) the tenure information for the report; and (b) the general area information for the report; and (c) the geological model of the surrendered part of the area of the licence (the surrendered area ) and an assessment of the potential for mineral discovery in the surrendered area; and (d) a summary of the results of all authorised activities for the licence carried out in the surrendered area since the 2009 SL No. 55 Page 7

Mineral Resources Amendment Regulation (No. 1) 2009 [s 7] licence took effect and the conclusions drawn by the holder based on the results; and (e) the reason the holder has surrendered the area. ‘(2) A map required for this section must overlay a standard topographical or cadastral background, showing major topographic and geographic features, and be at a standard industry-recognised scale. Examples of geographic features — bores, homesteads, mine workings, names of streams, peaks, prospects, roads Examples of standard industry-recognised scales — 1:100000, 1:250000 ‘(3) In this section— general area information , for a partial surrender report, means each of the following— (a) a location map showing— (i) the area of the mineral development licence immediately before the surrender (the previous licence area ); and (ii) the surrendered area; (b) a map or spreadsheet showing the location, identified by a global positioning system unit using the Geocentric Datum of Australia 1994, in the surrendered area of— (i) each hole drilled under the licence; and (ii) all sampling undertaken in the area for any purpose and the laboratory identification of the sampling; and (iii) any geochemical and geophysical surveying undertaken and a digital copy of all data in nominated standard formats; and (iv) any three-dimensional models generated as part of exploration in the surrendered area; and (v) each seismic line used for a seismic survey carried out under the licence; Page 8 2009 SL No. 55

Mineral Resources Amendment Regulation (No. 1) 2009 [s 7] (c) a structure contour map or three-dimensional model showing the seismic horizons, or seismic reflectors, in the surrendered area; (d) maps showing the geophysical and geochemical anomalies and prospects or mineralisation in the surrendered area; (e) a general description of the topographical features of the previous licence area and the surrendered area including, for example, access to the areas. tenure information , for a partial surrender report, means each of the following— (a) the day the mineral development licence was granted; (b) the day the surrender takes effect; (c) the period of the program of work for the licence. ‘14D Final report for mineral development licence ‘(1) For section 194(1)(f) of the Act, the information prescribed for a report summarising the results of activities carried out under a mineral development licence during all of its term (a final report ) mentioned in subsection (1)(f)(iii) of that section is— (a) the information mentioned in section 14C(1); and (b) any information that has not been contained in a partial surrender report made under section 14C during the term of the mineral development licence; and (c) a statement of expenditure for the whole of the term of the licence (an expenditure statement ) containing an itemisation of expenditure in relation to the matters mentioned in section 14B(2). ‘(2) For subsection (1)(a) or (b), a reference in section 14C to a surrendered area is a reference to the area of the mineral development licence immediately before it ended. ‘(3) The expenditure statement must be given with, but be in a separate document from, the remainder of the final report.’. 2009 SL No. 55 Page 9

Mineral Resources Amendment Regulation (No. 1) 2009 [s 8] 8 Amendment of s 39 (Royalty discounts for particular minerals) Section 39(3)(a), ‘;’— insert — ‘; or’. 9 Amendment of sch 7 (Dictionary) (1) Schedule 7, definition allowable costs , paragraph (e), after ‘permit’— insert — ‘or mineral development licence’. (2) Schedule 7, definition native title conditions , after ‘exploration permit’— insert — ‘or mineral development licence’. (3) Schedule 7, definition native title conditions , after ‘the permit’— insert — ‘or licence’. ENDNOTES 1 Made by the Governor in Council on 14 May 2009. 2 Notified in the gazette on 15 May 2009. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Employment, Economic Development and Innovation. © State of Queensland 2009 Page 10 2009 SL No. 55