Version No. 130
Mineral Resources (Sustainable Development) Act 1990
No. 92 of 1990
Version incorporating amendments as at
26 November 2025
TABLE OF PROVISIONS
Section Page
Part 1—Introduction
1Purpose
2Objectives
2APrinciples of sustainable development
3Commencement
4Definitions
5Act to bind the Crown
5AAApplication of this Act
5ABApplication of this Act to Alcoa land
5ABALeased area
5AInteraction of this Act with native title legislation
6Land not available for exploration, mining and searching
6AALand not available for searching for stone
6AExtent of application of licences and authorities under this Act to Deep Lead Nature Conservation Reserve (No. 2)
7Minister may exempt land from being subject to a licence
7AMinister may declare meaning of graticular section
7BMinisters may declare low impact exploration activity
7CMinisterial Order declaring specified mines and quarries
8Offence to search for minerals or do work without authority
8AAOffence to search for stone without consent
8ABOffence to carry on extractive industry without authority
8ACOffence to carry out exploration or mining of coal seam gas
8ADOffence to carry out hydraulic fracturing
8AAerial surveys permitted without licence
9Ownership of minerals
10Tailings
11Transfer of property in minerals
11AOwnership of stone
12Royalties
12ARoyalties for lignite
Part 2—Exploration licences, mining, prospecting and retention licences
Division 1—General licence provisions
13Exploration licences
14Mining licences
14ALicence may be limited to stratum of land
14BProspecting licences
14BAHolder of prospecting licence must not dispose of tailings contrary to Minister's consent
14CRetention licences
Division 2—Licence process
14ABApplication of this Division
15Application for a licence
16Applicant for licence—fit and proper person
16AApplication for mining licence or retention licence where exploration licence or prospecting licence covers same land
16BApplication for mining licence where retention licence covers same land
17Application not transferable
18Notice of applications with the highest ranking
19Withdrawal of application
23Ranking of applications
24Objections to licence
24AComments on licence
25Grant or refusal of licence
25AWaiver of exploration licence holder's consent
26Grant of licence
26AAATransfer of consents and approvals to undertake work
Division 3—Licence process for direct allocation of licences relating to coal
Subdivision 1—General
26AADefinition
26ABLicence applications under Division to be in respect of exempted land
Subdivision 2—Licences granted by the Minister
26ACWho may apply for a licence under this Subdivision?
26ADApplication procedure
26AEApplication of Act to licence application
26AFGrant or refusal of licence
26AGRevocation of exemption over licence land
26AHMinister must publish notice
26AIApplication of Act to licence
Subdivision 3—Licences granted by the Governor in Council
26AJApplication procedure
26AKNotification and advertising requirements
26ALApplication of Act to licence application
26AMGrant or refusal of licence
26ANMinister must publish reasons for refusal to grant licence
26AORevocation of exemption over licence land
26APMinister must publish notice
26AQApplication of Act to licence
Division 3A—Survey of land proposed to be covered by mining licence, prospecting licence or retention licence
26ARApplicant to survey boundary of land
26ASAuthority to enter land
26ATOffence not to show authority
26AUSecurity
26AVInsurance
Division 4—Requirements if agricultural land covered by mining licence or prospecting licence
26AStatement of economic significance if agricultural land covered by licence
26BExcision of agricultural land from a licence
26CNotice of excision dispute