Mineral Resources Amendment Regulation (No. 4) 2008 (Qld)

Queensland Mineral Resources Amendment Regulation (No. 4) 2008 Subordinate Legislation 2008 No. 367 made under the MineralResourcesAct1989 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 11 (Prescribed areas—Act, s 127) . . . . . . . . . . 2 5 Insertion of new ss 13A–13D . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 13A Reporting to Minister—Act, s 141 . . . . . . . . . . . . . . . 2 13B Annual report for exploration permit . . . . . . . . . . . . . . 3 13C Relinquishment report for exploration permit . . . . . . . 5 13D Final report for exploration permit . . . . . . . . . . . . . . . 7 6 Amendment of sch 3 (Restrictions on grant) . . . . . . . . . . . . . . . . 8 7 Amendment of sch 7 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 9

Mineral Resources Amendment Regulation (No. 4) 2008 [s 1] 1 Short title This regulation may be cited as the Mineral Resources Amendment Regulation (No. 4) 2008 . 2 Commencement (1) Section 6(1) of this regulation commences on 15 February 2009. (2) Section 6(2) commences on 29 March 2009. (3) Section 6(3) commences on 14 June 2009. 3 Regulation amended This regulation amends the MineralResourcesRegulation 2003. 4 Amendment of s 11 (Prescribed areas—Act, s 127) (1) Section 11, heading, ‘ Act, s 127 ’— omit, insert — ‘ Act, ss 127 and 133 ’. (2) Section 11, ‘section 127(4)’— omit, insert — ‘sections 127(4) and 133(1)(h)(iii)’. 5 Insertion of new ss 13A–13D After section 13— insert — ‘13A Reporting to Minister—Act, s 141 ‘(1) A report mentioned in section 141(f) of the Act must— (a) be lodged electronically using the system for submission of reports made or approved by the chief executive; and Page 2 2008 SL No. 367

Mineral Resources Amendment Regulation (No. 4) 2008 [s 5] (b) be in the digital format 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. 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>. ‘13B Annual report for exploration permit ‘(1) For section 141(1)(f) of the Act, the information prescribed for an annual report mentioned in subsection (1)(f)(i) of that section is— (a) for the first annual report—a statement detailing the philosophy and objectives of the exploration to be carried out under the permit; and (b) a full technical summary of the authorised activities for the permit 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) a statement detailing whether the program of activities for the permit was complied with during the reporting period, including details of, and reasons for, any failure to comply with the program; and 2008 SL No. 367 Page 3

Mineral Resources Amendment Regulation (No. 4) 2008 [s 5] (d) a statement of the authorised activities proposed to be carried out under the permit for the next reporting period; and (e) a statement and a map with cross-sections of any resources and reserves identified; and (f) a statement 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 permit 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) data management or data interpretation; (f) operational and administrative expenses, limited to 10% of the total expenditure; (g) costs of compliance with native title conditions; (h) allowable costs under a native title agreement. ‘(3) However, the expenditure statement must not include expenditure in relation to any of the following— (a) costs of obtaining background land tenure searches and assessments; (b) cultural heritage survey costs; (c) rent, fees and security paid under the Act for the permit; (d) legal costs; (e) environmental rehabilitation costs; Page 4 2008 SL No. 367

Mineral Resources Amendment Regulation (No. 4) 2008 [s 5] (f) compensation to owners for damage to improvements or loss of business; (g) compensation to landholders, including a native title holder or claimant; (h) costs in relation to consultation and negotiation with native title parties, other than allowable costs under a native title agreement or native title conditions; (i) expenditure on capital items. ‘(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 exploration permit takes effect. ‘13C Relinquishment report for exploration permit ‘(1) For section 141(1)(f) of the Act, the information prescribed for a report about a reduction in the area of the exploration permit (a relinquishment 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 relinquished part of the area of the permit (the relinquished area ) and an assessment of the potential for mineral discovery in the relinquished area; and (d) a summary of the results of all authorised activities for the permit carried out in the relinquished area since the permit took effect and the conclusions drawn by the holder based on the results; and (e) the reason the holder has relinquished the area. ‘(2) In this section— general area information , for a relinquishment report, means each of the following— 2008 SL No. 367 Page 5

Mineral Resources Amendment Regulation (No. 4) 2008 [s 5] Page 6 (a) a location map showing— (i) the area of the exploration permit immediately before the relinquishment (the previous tenure area ); and (ii) the relinquished 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 relinquished area of— (i) each hole drilled under the permit; 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 relinquished area; and (v) each seismic line used for a seismic survey carried out under the permit; (c) a structure contour map or three-dimensional model showing the seismic horizons, or seismic reflectors, in the relinquished area; (d) a map showing the geophysical and geochemical anomalies and prospects or mineralisation in the relinquished area; (e) a general description of the topographical features of the previous tenure area and the relinquished area including, for example, access to the areas. tenure information , for a relinquishment report, means each of the following— (a) the day the exploration permit was granted; (b) the day the relinquishment takes effect; (c) the period of the program of work for the permit; 2008 SL No. 367

Mineral Resources Amendment Regulation (No. 4) 2008 [s 5] (d) the block and sub-block description comprising the relinquished area. ‘(3) 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 ‘13D Final report for exploration permit ‘(1) For section 141(1)(f) of the Act, the information prescribed for a report summarising the results of an exploration for the whole of the term of an exploration permit (a final report ) mentioned in subsection (1)(f)(iii) of that section is— (a) the information mentioned in section 13C(1); and (b) any information that has not been contained in a relinquishment report made under section 13C during the term of the exploration permit; and (c) a statement of expenditure (an expenditure statement ), itemising the expenditure incurred in relation to each authorised activity carried out under the exploration permit during the term of the exploration permit. ‘(2) For subsection (1)(a) or (b), a reference in section 13C to a relinquished area is a reference to the area of the exploration permit immediately before it ended. ‘(3) The expenditure statement must— (a) itemise the expenditure incurred in relation to each authorised activity carried out under the exploration permit during the whole of the term of the permit; and (b) contain a separate itemisation of expenditure in relation to the matters mentioned in section 13B(2) and (3), for the whole of the term of the permit. 2008 SL No. 367 Page 7

Mineral Resources Amendment Regulation (No. 4) 2008 [s 6] ‘(4) The expenditure statement must be given with, but be in a separate document from, the remainder of the final report.’. 6 Amendment of sch 3 (Restrictions on grant) (1) Schedule 3, part 189A, section 2— omit the following — ‘2633 all’ ‘2634 all’ ‘2705 all’ ‘2706 all’ ‘2707 all’ ‘2920 all’ ‘2921 all’ ‘2922 all’ ‘2925 all’ ‘2926 all’ ‘2992 all’ ‘2993 all’ ‘2994 all’ ‘2997 all’ ‘2998 all’ ‘3067 all’ ‘3068 all’ ‘3139 all’ ‘3140 all’ Page 8 2008 SL No. 367

Mineral Resources Amendment Regulation (No. 4) 2008 [s 7] ‘3211 ‘3212 all’ all.’. (2) Schedule 3, part 189A, section 2— omit the following— ‘2779 all’ ‘2780 all’ ‘2851 all’ ‘2852 all’ ‘2853 all’ ‘2854 all’ ‘3064 all’ ‘3065 all’ ‘3066 all’ ‘3069 all’ ‘3070 all’ ‘3137 all’ ‘3138 all’ ‘3141 all’. (3) Schedule 3, part 189A— omit. 7 Amendment of sch 7 (Dictionary) Schedule 7— insert — 2008 SL No. 367 Page 9

Mineral Resources Amendment Regulation (No. 4) 2008 [s 7] ‘ allowable costs , under a native title agreement or native title conditions, is expenditure in relation to— (a) giving notice to a native title party under the Commonwealth Native Title Act, section 29; or (b) conducting field inspections; or (c) monitoring the initial ceremonial breaking or disturbance of soil; or (d) making an administrative payment, compensation payment, inspection report payment, exploration liaison committee payment or access fee, stated in the native title agreement or native title conditions; or (e) giving training about aboriginal cultural awareness to the holder of a relevant exploration permit or the holder’s employees. native title agreement means— (a) a registered indigenous land use agreement under the Commonwealth Native Title Act; or (b) any of the following under part 2, division 3, subdivision P of the Commonwealth Native Title Act— (i) an agreement mentioned in section 31(1)(b); (ii) a determination of the relevant Minister under section 36A; (iii) a determination of the arbitral body under section 38; or (c) an access agreement or negotiated agreement under the native title provisions. native title conditions are conditions to which an exploration permit is subject if— (a) a grant of a right to land to which the permit relates is an act that has attracted the expedited procedure under the Commonwealth Native Title Act, section 32; or Page 10 2008 SL No. 367

Mineral Resources Amendment Regulation (No. 4) 2008 [s 7] (b) the permit is granted under an indigenous land use agreement under the Commonwealth Native Title Act, and the State is a party to the agreement. native title holder see the Commonwealth Native Title Act, section 224.’. ENDNOTES 1 Made by the Governor in Council on 6 November 2008. 2 Notified in the gazette on 7 November 2008. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Mines and Energy. © State of Queensland 2008 2008 SL No. 367 Page 11