Mining Act Amendment Act 1976 (No. 3) (Qld)

897 ANNO VICESIMO QUINTO ELIZABETHAE SECUNDAE RBGJNAE No. 75 of 1976 An Act to amend the Mining Act 1968-1976 in certain particulars (ASSENTED TO 14TH DECEMBER, 19761 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Mining Act Amendment Act 1976 (No. 3). (2) In this Act, the Mining Act1968-1976, being the Mining Act1968-1974 as amended by the Mining Act Amendment Act1976 and the Mining Act Amendment Act1976(No.2), is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Mining Act1968-1976. 2. Commencement of Act. This Act shall commence and shall be taken to have commenced on 1 January 1977.

898 Mining Act AmendmentAct (No. 3) 1976, No. 75 3. Amendment of s. 7. Section 7 of the Principal Act is amended by omitting from provision (d) of the definition " mineral " the words " save rock mined in block form for building,". 4. Amendment of s. 14. Section 14 of the Principal Act is amended by omitting provision (c) of subsection (1) and substituting the following provision:- (c) Crown land specified in an authority to prospect or in respect of which an application for an authority to prospect has been made and is yet to be disposed of by the Minister unless the holder of or, as the case may be, the applicant for that authority has consented thereto.". 5. Amendment of s. 17. Section 17 of the Principal Act is amended by inserting after subsection (1) the following subsections:- " (IA) An application for an authority to prospect shall be lodged at the wardens office for the mining district within which the land (or the part thereof which the applicant reasonably considers to be the greater) the subject of the application is situated together with a deposit of $2 000. If an application under this section relates to land within more than one mining district, the warden who receives the application shall forthwith forward particulars thereof to the wardens office for each other mining district within which the land, the subject of the application, is situated. If the Minister rejects the application for an authority to prospect the deposit lodged in accordance with this subsection shall be refunded forthwith to the applicant. If the Minister grants an authority to prospect, the amount of the deposit lodged in accordance with this subsection shall be utilized as the Minister directs on behalf of the holder towards the moneys payable by the holder in accordance with the stipulations and conditions (if any) to which, pursuant to subsection (2), the authority is subject and the holder shall be taken to have paid that amount accordingly. If the amount of the deposit is greater than the moneys so payable under the authority, the balance remaining shall be refunded to the holder. (la) Applications for authorities to prospect made in respect of or including the same land by persons who have complied with this Act shall take priority according to the order in which they are lodged with the prescribed warden. Where two or more such applications are lodged simultaneously the warden shall determine the priority of each such application by lot. Two or more such applications shall, for the purposes of this subsection, be deemed to have been lodged simultaneously if- (a) in the case of applications lodged in the wardens office by mail, they are received at that office in the same mail delivery;

Mining Act AmendmentAct (No. 3) 1976, No. 75 899 (b) in the case of applications lodged in the wardens office personally, the persons who actually lodged the applications, other than the application firstly lodged, are present in the wardens office for the purpose of lodging the applications at the time the application firstly lodged is lodged or, where that application is lodged in the wardens office by mail, at the time the mail delivery containing that application is opened in that office. (lc) An authority to prospect shall not be granted over land in respect of which a mining lease subsists during the term of the lease. (1D) The Minister may grant an authority to prospect to the applicant with respect to the whole or part of the land the subject of the application. (IE) The provisions of subsections (IA) and (Ia) do not apply to applications for authorities to prospect made in respect of the same land consequent upon the Minister calling for applications in respect of that land.". 6. Amendment of s. 18. Section 18 of the Principal Act is amended by inserting after subsection (2) the following subsection:- " (2A) An application for a mining lease over land in respect of which an application for an authority to prospect which has priority over the application for the mining lease has been made and is yet to be disposed of by the Minister shall not be recommended by the Minister or granted by the Governor in Council nor shall a mining tenement in such land be registered until the application for the authority to prospect is disposed of by the Minister save where the applicant for the authority consents to the grant of the lease or, as the case may be, the registration of the tenement. Where there are more applicants for an authority to prospect than one a reference in this subsection to the applicant for the authority shall be construed as a reference to all those applicants.". 7. Amendment of s. 21. Section 21 of the Principal Act is amended by omitting the first paragraph of subsection (4) and substituting the following paragraphs:- " Every application for a mining lease shall be considered by the Minister who may- (a) recommend to the Governor in Council that a mining lease be granted and issued to the applicant with respect to the whole or part of the land the subject of the application; or (b) reject the application. A recommendation by the Minister pursuant to provision (a) hereof with respect to part only of the land the subject of an application shall be deemed to be a rejection by him pursuant to provision (b) hereof of the application with respect to that land in respect of which the Minister has not so recommended.".

900 Mining Act AmendmentAct (No. 3) 1976, No. 75 8. Amendment of s. 22. Section 22 of the Principal Act is amended by- (a) omitting the words " a mining lease shall not be granted " and substituting the words " the Minister shall reject an application for a mining lease "; (b) omitting provision (b) and substituting the following provision:- (b) Crown land within an area specified in a subsisting authority to prospect or an application for an authority to prospect which has priority over the application for the mining lease and is not yet disposed of by the Minister unless the holder of or, as the case may be, the applicant for the authority consents to the grant of the mining lease.". 9. Amendment of s. 24. Section 24 of the Principal Act is amended by omitting the words " three hundred and twenty acres " and substituting the words " 130 hectares ". 10. Amendment of s. 28 . Section 28 of the Principal Act is amended in subsection (1) (a) by- (a) in provision.(viii)- (i) omitting the words "in the case of a lease to be mined by dredging," ; (ii) adding at the end thereof the words " or to such other state or condition as has been determined by the Governor in Council "; (b) inserting after provision (viiiA) the following provision:- " (viiia) a covenant to conduct mining on the tenement by such method or in such manner as, having been determined by the Governor in Council, is provided for in the lease;". 11. Amendment of s. 28A. Section 28A of the Principal Act is amended by omitting from subsection (1) (a) the words " 100 acres " and substituting the words " 40 hectares ". 12. Amendment of s. 29. Section 29 of the Principal Act is amended by- (a) inserting after the first paragraph of subsection (1) the following paragraph:- " The Minister may and, it is hereby declared, always could accept a guarantee or indemnity by a bank or insurance company approved by the Minister as the whole or part of the security to be deposited under this subsection."; (b) adding at the end of subsection (3) the words "save where that security or part thereof is provided by way of a guarantee or indemnity by a bank or insurance company in which case such balance shall first be utilized to refund to such bank or insurance company an amount up to the amount recovered by the Minister under that guarantee or indemnity " 13. Amendment of s. 30. Section 30 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting from provision (a) the words " ten acres " and substituting the words " 4 hectares ";

Mining Act AmendmentAct (No. 3) 1976, No. 75 901 (ii) omitting from provision (b) the words " one hundred acres " where twice occurring and substituting in each case the words " 40 hectares "; (b) in subsection (2)- (i) omitting from provision (a) the words " ten acres " and the words " one hundred acres " and substituting the words " 4 hectares and the words " 40 hectares " respectively; (ii) omitting from provision (b) the words " ten acres " and the words " one hundred acres " and substituting the words " 4 hectares and the words " 40 hectares " respectively; (c) omitting from subsection (2.a) the words " 40 acres " and the words " 20 acres " and substituting the words 16 hectares " and the words " 8 hectares " respectively; (d) in subsection (2s)- (i) omitting from provision (a) the words " 40 acres " and substituting the words " 16 hectares "; (ii) omitting from provision (b) the words " 20 acres " and substituting the words " 8 hectares "; (iii) omitting from provision (i) the words " 40 acres " and substituting the words " 16 hectares "; (iv) omitting from provision (ii) the words " 20 acres " and substituting the words " 8 hectares "; (e) omitting from subsection (4) the words " three hundred and twenty acres " and substituting the words " 130 hectares ". 14. Amendment of s. 39. Section 39 of the Principal Act is amended by omitting from subsection (1) (b) all words from and including the words " by reference to " to the end thereof and substituting the following expression and words: it (i) by reference to a survey plan properly made and registered; or (ii) if the Minister so approves, by the same or similar means whereby the land comprising the mining tenement is described and identified in the lease ". 15. Amendment of s. 44. (1) Section 44 of the Principal Act is amended by adding at the end of subsection (1) the following paragraph:- For the purposes of this subsection a person shall be taken to have complied with the provisions of this Act if he has, in the opinion of the Governor in Council, substantially complied with those provisions.". (2) The provisions added to section 44 (1) of the Principal Act by subsection (1) apply in respect of an application for a mining lease or an authority to prospect made at any time before the commencement of this Act as well as to any such application made after such commencement.

902 Mining Act Amendment Act (No. 3) 1976, No. 75 16. Amendment of s. 70. Section 70 of the Principal Act is amended by adding at the end thereof the following subsection:- " (4) Without in any way limiting the powers of the Minister or any other person under this Act, in order to ascertain the accuracy of any royalty return document or statement lodged as prescribed by or under this Act for the purposes of this Part by a person who wins from any land mineral that is the property of the Crown, the Minister may, at any time, request and authorize the Auditor-General or, with the concurrence of the Auditor-General, an officer of the Department of the Auditor- General to examine that person's accounts and accounting records and to compare such records with the return, document or, as the case may be, statement. The Auditor-General or officer authorized under this subsection- (a) shall examine such of that person's accounts and accounting records as he considers necessary and forthwith upon completion of the examination and comparison, shall report to the Minister the result thereof; (b) shall have, in respect of that person's accounts and accounting records, the subject of the examination and comparison, such powers as are prescribed by the regulations; (c) where the return, document or statement has been lodged by or on behalf of a company within the meaning of the Companies Act 1961-1975, may rely upon the work performed by the auditors who have examined that company's accounts in compliance with that Act. The Auditor-General shall, in respect of the' matters and things aforesaid, have all the powers conferred on him by the Audit Act 1874-1968.. A person shall not obstruct or hinder the Auditor-General or any officer authorized under this subsection in the performance of his duty or in the exercise by him of any power or authority in aid thereof.". 17. New s. 102A. The Principal Act is amended by inserting after section 102 the following section.- " 102A. Priorities between applications for mining leases and authorities to prospect ; authorities to prospect and permits to enter . (1) Where there is an application for a mining lease and an application for an authority to prospect each by a person who has complied with this Act and made in respect of or including the same land, then the applications shall take priority according to the order in which they are made. (2) Where there is an application for an authority to prospect and an application for a permit to enter each by a person who has complied with this Act and made in respect of or including the same land, then the applications shall take priority according to the order in which they are made. (3) Where the applications referred to in subsection (1) or (2) are made simultaneously then priorities of the applications shall be determined by lot.

MiningAct Amendment Act (No. 3) 1976, No. 75 903 The applications shall, for the purposes of this subsection, be deemed to have been made simultaneously if- (a) in the case of applications lodged in the wardens office by mail, they are received at that office in the same mail delivery; (b) in the case of applications lodged in the wardens office personally, the person who actually lodged the application, other than the application firstly lodged, is present in the wardens office for the purposes of lodging the application at the time the application firstly lodged is lodged or, where that application is lodged in the wardens office by mail, at the time the mail delivery containing that application is opened in that office.". 18. Amendment of s. 106. Section 106 of the Principal Act is amended by- (a) omitting from subsection (2) (iv) the words " or forfeited " and substituting the words ", forfeited or for any reason terminated "; (b) inserting at! the end of provision (xx) of subsection (2) the words " the circumstances in which and the manner and procedure whereby a warden who has reasonable grounds to believe that the holder of a mining tenement has abandoned his tenement or in any way contravened or failed to comply with any provision of this Act may require that holder to appear before him and the powers of the warden upon the appearance (or failure to so appear) of the holder;". 19. Amendment of s. 108. Section 108 of the Principal Act is amended by inserting at the end of the definition " private land " the following expression and words:- The term includes land on or under which any coal is not the property of the Crown ". 20. Repeal of and new s. 110A. The Principal Act is amended by repealing section 110A and substituting the following section:- " 110A. Exclusive right of Crown to grant mining leases irrespective of ownership of coal. (1) An.owner of land is not, and, it is hereby declared, has not at any time since the date of commencement of the Mining Act and Another Act AmendmentAct1974 been, competent to grant a lease or to enter into any agreement or arrangement, whether for valuable consideration or otherwise, other than an agreement referred to in section 70a (3) (b), for the purpose of mining coal therefrom notwithstanding that such coal is not the property of the Crown. (2) No person save under the authority of a mining lease, or a coal mining lease or special coal mining lease continued in force under section 5 (3), shall mine coal from private land. (3) Subject to this Act, the Governor in Council may grant a mining lease in respect of private land for the purpose of mining coal therefrom whether the instrument whereby that land was alienated in fee simple from the Crown contains a reservation to the Crown of all coal on or below the surface of that land or not or whether all coal on and below the surface of that land is the property of the Crown or not.".

904 MiningAct AmendmentAct (No. 3) 1976, No. 75 21. Amendment of s. 114 . Section 114 of the Principal Act is amended by- (a) omitting from paragraph ( a) the words " 150 yards " and the words " 50 yards " and substituting the words " 135 metres " and the words " 45 metres " respectively; (b) omitting from paragraph ( b) the words " one-half an acre " and substituting the words " 2 000 square metres ". 22. Amendment of s. 118. Section 118 of the Principal Act is amended by (a) omitting from subsection (2) (d) the words " 640 acres " and substituting the words " 250 hectares "; (b) adding at the end of subsection (3) the following paragraph:- " Two or more such applications shall, for the purposes of this subsection, be deemed to have been lodged simultaneously if- (a) in the case of applications lodged in the wardens office by mail, they are received at that office in the same mail delivery; (b) in the case of applications lodged in the wardens office personally, the persons who actually lodged the applications, other than the application firstly lodged, are present in the wardens office for the purpose of lodging the applications at the time the application firstly lodged is lodged or, where that application is lodged in the wardens office by mail, at the time the mail delivery containing that application is opened in that office."; (c) omitting from the second paragraph of subsection (4) the word not " occurring before the word " less "; (d) omitting subsection (4A) and substituting the following subsection :- " (4A) The warden shall not grant a permit to enter any part of land that is included in an authority to prospect or in respect of which an application for an authority to prospect which has priority over the application for the permit has been made and is yet to be disposed of by the Minister save- (a) where the applicant for the permit is the holder of or, as the case may be, the applicant for the authority; or (b) where the holder of or, as the case may be, the applicant for the authority consents to the grant of the permit. Where there are more holders of or applicants for an authority to prospect than one, a reference in this subsection to the holder of or the applicant for the authority shall be construed as a reference to all those holders and applicants.". 23. Repeal of and new s. 122 . The Principal Act is amended by omitting section 122 and substituting the following section:- " 122. Restriction on mining titles , etc., to land in or subject to application for authority to prospect. A mining title shall not be granted, a mining tenement shall not be registered and a permit to enter shall not be granted in respect of land included in an

Mining Act AmendmentAct (No. 3) 1976, No. 75 905 authority to prospect or in respect of which an application for an authority to prospect which has priority over the application for the mining title or permit or for registration of the mining tenement is made in compliance with this Act and is yet to be disposed of by the Minister save- (a) where the applicant for the mining title or permit or'for registration of the mining tenement is the holder of or the applicant for the authority; or (b) where the holder of or, as the case may be applicant for the authority consents to the grant of the mining title or permit or the registration of the tenement. Where there are more holders of or applicants for an authority to prospect than one, a reference in this subsection to the holder of or applicant for the authority shall be construed as a reference to all those holders and applicants.".