Mineral Resources Regulation 2025

1Short title

This regulation may be cited as the Mineral Resources Regulation 2025.

2Commencement

This regulation commences on 1 September 2025.

3Definitions

The dictionary in schedule 8 defines particular words used in this regulation.

4Conditions—Act, s 25

For section 25(2) of the Act, the prescribed conditions to which a prospecting permit is subject are stated in—

(a)schedule 1, items 1 to 3; and

(b)if the permit applies to occupied land—schedule 1, items 4 to 6.

Note—

See also part 5.

5Minimum security for district prospecting permit—Act, s 26

(1)This section applies only to a district prospecting permit.

(2)For section 26(2) of the Act, the amount prescribed is $1,000.

6Amendment of application after survey of contiguous land

(1)This section applies if—

(a)an application for a mining claim (the application) is over land that is contiguous to affected land; and

(b)at the time the application was made, a survey of the affected land had not been completed; and

(c)the chief executive gives the applicant a notice (the notice) stating—

(i)a survey of the affected land has been completed; and

(ii)all survey marks defining the boundary of the affected land have been placed.

(2)To ensure the application is still over land that is contiguous to affected land, the applicant may—

(a)amend the description of the land stated in the application; or

(b)amend the application to ensure the boundary of the area of the proposed mining claim is defined.

Note—

For defining the boundary of a proposed mining tenement, see section 386R of the Act.

(3)An amendment under subsection (2) must be made within—

(a)14 days after the day the chief executive gives the applicant the notice; or

(b)if the chief executive approves a longer period—the longer period.

(4)Nothing in this section authorises or entitles the applicant to have the affected land surveyed.

7Prescribed area for mining claim land—Act, s 53

For section 53(3)(b) of the Act, the area prescribed for land in a mining district mentioned in schedule 2 is not more than the area stated, in schedule 2, for the land.

8Conditions—Act, s 81

For section 81(1)(p) of the Act, the prescribed conditions to which a mining claim is subject are stated in—

(a)schedule 1, items 1 to 3; and

(b)if the claim is over occupied land—schedule 1, item 4.

Note—

See also part 5.

9Documents to be given by holder of mining claim to owners of land—Act, s 93

For section 93(3)(a) of the Act, the document called ‘A guide to landholder compensation for mining claims and mining leases’ made by the chief executive and published on the department’s website is prescribed.

10Declaration of prohibited machinery in mining claim area—Act, s 111

(1)For section 111 of the Act, it is declared that prohibited machinery must not be used in, on or under the area of any mining claim within any part of the State.

(2)However, subsection (1) does not apply to—

(a)the use of machinery to—

(i)transport mineral bearing ore or wash; or

(ii)transport equipment, materials, or water, used for mining operations; or

(iii)build storage facilities for water used for mining operations; or

(iv)manage water ingress; or

(v)reduce fire hazards; or

(vi)rehabilitate the surface area of the land; or

(b)the use of an eductor dredge in the Mareeba mining district, if the eductor dredge—

(i)has an inlet nozzle diameter of no more than 20cm; and

(ii)is used while water is flowing in, or in streams leading into, the Palmer River or Mitchell River; or

(c)the use of a vehicle-mounted drill in restricted area 1, 25 or 77 if—

(i)the drill is used for exploration drilling and the drill has a diameter of not more than 25cm; or

(ii)the drill is used for drilling access shafts and the drill has a diameter of not more than 1m.

(3)Also, despite subsection (1), if the mining claim is a prescribed mining claim, prohibited machinery may be used in any part of the area of the prescribed mining claim that is not within the boundaries shown on any of the following plans—

(a)MP34341;

(b)MP34342;

(c)MP34343;

(d)MP36464;

(e)MP40825;

(f)MP30692;

(g)MP31027;

(h)MP31028;

(i)MP30955;

(j)MP30971.

(4)In this section—

prescribed mining claim see section 50(5) of the Act.

prohibited machinery means any of the following—

(a)a backhoe, skid-steer loader, motorised mini digger or other loader;

(b)an excavator or other machinery using a bucket, scoop, or clamshell;

(c)a bulldozer, tractor or other equipment using a ripper, rooter, or scarifier;

(d)a continuous miner, dragline, grader, scoopmobile, scraper, or traxcavator;

(e)a dredge;

(f)a vehicle-mounted drill;

(g)a bogger.

11Prescribed areas—Act, ss 127 and 133

For sections 127(4) and 133(h)(iii) of the Act, the area prescribed is—

(a)for an exploration permit for the exploration of coal—300 sub-blocks; and

(b)for any other exploration permit—100 sub-blocks.

12Conditions—Act, s 141

For section 141(1)(i) of the Act, the prescribed conditions to which an exploration permit is subject are stated in—

(a)schedule 1, items 1 to 3; and

(b)if the permit applies to occupied land—schedule 1, items 4 and 5.

Note—

See also part 5.

13Conditions—Act, s 194

For section 194(1)(k) of the Act, the prescribed conditions to which a mineral development licence is subject are stated in—

(a)schedule 1, items 1 to 3; and

(b)if the licence applies to occupied land—schedule 1, items 4 to 6.

Note—

See also part 5.

14Activity reports—Act, ss 178A and 231AA

(1)For section 178A(a) and (b)(i) of the Act, the holder of an exploration permit must give the Minister an activity report within—

(a)1 month after each anniversary day for the permit; or

(b)if the chief executive approves a longer period—the longer period.

(2)For section 231AA(a) and (b)(i) of the Act, the holder of a mineral development licence must give the Minister an activity report within—

(a)1 month after each anniversary day for the licence; or

(b)if the chief executive approves a longer period—the longer period.

(3)For sections 178A(b)(ii) and 231AA(b)(ii) of the Act, the activity report must contain the following—

(a)a technical summary of the authorised activities for the permit or licence carried out during the reporting period for the report;

(b)a statement setting out—

(i)whether the work program for the permit or licence was complied with during the reporting period for the report; and

(ii)details of, and reasons for, any failure to comply with the work program for the permit or licence;

(c)a statement about any resources and reserves identified during the reporting period for the report;

(d)an expenditure statement complying with section 15;

(e)the hazard information for the permit or licence;

(f)any other data or information required under the practice direction.

(4)The expenditure statement mentioned in subsection (3)(d) must be—

(a)in a document that is separate from the remainder of the activity report; and

(b)given to the Minister separately from the remainder of the activity report.

(5)In this section—

anniversary day, for an exploration permit or a mineral development licence, means a day that is the anniversary of the day on which the permit or licence started.

reporting period, for an activity report for an exploration permit or a mineral development licence, means the period of 12 months that ends on the day before the anniversary day for the permit or licence.

15Expenditure statement for activity report

(1)An expenditure statement mentioned in section 14(3)(d) contained in an activity report for an exploration permit or a mineral development licence must itemise the expenditure incurred for each authorised activity carried out under the permit or licence during the reporting period for the report.

(2)The expenditure statement must contain a separate itemisation of expenditure for—

(a)each activity carried out under the work program for the permit or licence during the reporting period for the report; and

(b)each activity, other than an activity mentioned in paragraph (a), carried out during the reporting period for the report.

(3)In this section—

reporting period, for an activity report for an exploration permit or a mineral development licence, see section 14(5).

16Partial relinquishment reports and partial surrender reports—Act, ss 178B and 231AB

(1)For section 178B(a) and (b)(i) of the Act, the holder of an exploration permit must give the Minister a partial relinquishment report about a reduction in the area of the permit within 2 months after the reduction takes effect.

(2)For section 231AB(a) and (b)(i) of the Act, the holder of a mineral development licence must give the Minister a partial surrender report about a reduction in the area of the licence within 2 months after the reduction takes effect.

(3)For sections 178B(b)(ii) and 231AB(b)(ii) of the Act, the partial relinquishment report or partial surrender report must contain the following—

(a)the day the relinquishment or surrender took effect;

(b)the reason the holder has relinquished or surrendered the area;

(c)the general area information for the report;

(d)a summary, including the name identifier and location, of holes or wells drilled under the permit in the relinquished area or under the licence in the surrendered area;

(e)the hazard information for the permit or licence to the extent the information has not been included in, or has changed since, the last activity report was given for the permit or licence;

(f)any other data or information required under the practice direction.

(4)In this section—

general area information, for a partial relinquishment report or a partial surrender report, means—

(a)spatial information showing—

(i)for a partial relinquishment report—the previous tenure area and the relinquished area of the exploration permit; or

(ii)for a partial surrender report—the previous tenure area and the surrendered area of the mineral development licence; and

(b)any other data or information required under the practice direction.

previous tenure area—

(a)of an exploration permit—means the area of the permit immediately before the relinquishment of the relinquished area; or

(b)of a mineral development licence—means the area of the licence immediately before the surrender of the surrendered area.

17Final reports—Act, ss 178C and 231AC

(1)For section 178C(a) and (b)(i) of the Act, the holder of an exploration permit must give the Minister a final report within 2 months after the permit ends.

(2)For section 231AC(a) and (b)(i) of the Act, the holder of a mineral development licence must give the Minister a final report within 2 months after the licence ends.

(3)For sections 178C(b)(ii) and 231AC(b)(ii) of the Act, the final report must contain the following—

(a)the day the permit or licence ended;

(b)the reason the permit or licence ended;

(c)the general area information for the report;

(d)a summary, including the name identifier and location, of holes or wells drilled under the permit or licence during the reporting period for the report;

(e)the hazard information for the permit or licence to the extent the information has not been included in, or has changed since, the last activity report was given for the permit or licence;

(f)a statement of expenditure (the expenditure statement) containing an itemisation of expenditure for each activity carried out under the permit or licence during the reporting period for the report;

(g)any other data or information required under the practice direction.

(4)However, the final report is not required to contain the information mentioned in subsection (3)(c), (d), (e) or (g) for a relinquished area or surrendered area if the information for the area was contained in a partial relinquishment report or partial surrender report under section 16.

(5)The expenditure statement must be—

(a)in a document that is separate from the remainder of the final report; and

(b)given to the Minister separately from the remainder of the final report.

(6)In this section—

general area information, for a final report for an exploration permit or a mineral development licence, means—

(a)spatial information showing the tenure area of the permit or licence immediately before the end of the permit or licence; and

(b)any other data or information required under the practice direction.

reporting period, for a final report for an exploration permit or a mineral development licence, means the period that—

(a)starts on the anniversary day for the permit or licence under section 14(5); and

(b)ends on the day the permit or licence ends.

18Amendment of application after survey of contiguous land

(1)This section applies if—

(a)an application for a mining lease (the application) is over land that is contiguous to affected land; and

(b)at the time the application was made, a survey of the affected land had not been completed; and

(c)the chief executive gives the applicant a notice (the notice) stating—

(i)a survey of the affected land has been completed; and

(ii)all survey marks defining the boundary of the affected land have been placed.

(2)To ensure the application is still over land that is contiguous to affected land, the applicant may—

(a)amend the description of the land stated in the application; or

(b)amend the application to ensure the boundary of the area of the proposed mining lease is defined.

Note—

For defining the boundary of a proposed mining tenement, see section 386R of the Act.

(3)An amendment under subsection (2) must be made within—

(a)14 days after the day the chief executive gives the applicant the notice; or

(b)if the chief executive approves a longer period—the longer period.

(4)Nothing in this section authorises or entitles the applicant to have the affected land surveyed.

19Person may obtain copy of mining lease application

(1)A person may apply, in writing, to the chief executive for a copy of an application for a mining lease.

(2)The application for the copy must be accompanied by the prescribed fee.

(3)However, the chief executive must not give the person a copy of a statement that accompanied the application for the mining lease if the statement contains information about the financial or technical resources of the applicant for the mining lease.

20Documents to be given by holder of mining lease to owners of land—Act, s 286

For section 286(3)(a) of the Act, the document called ‘A guide to landholder compensation for mining claims and mining leases’ made by the chief executive and published on the department’s website is prescribed.

21Required level of knowledge about resources or reserves of petroleum—Act, s 318BA

(1)This section prescribes, for section 318BA(1)(c) of the Act, the required level of knowledge about a resource or reserve (the deposit) of petroleum in the land.

(2)The Minister must be satisfied that—

(a)at least 20% of the deposit is a proved or probable reserve under the relevant codes; and

(b)the remainder of the deposit, if any, is a low or best estimate contingent resource under the relevant codes.

(3)Also, for a deposit of coal seam gas, the Minister must be satisfied that—

(a)there is adequate geological continuity for each coal seam (relevant coal seam) in relation to which the deposit occurs; and

(b)there is adequate data to establish each of the following—

(i)the composition of the gas in the natural underground reservoir;

(ii)the volume of the gas in the natural underground reservoir in relation to the mass of the coal seam;

(iii)flow rates for the natural underground reservoir, based on information obtained from drill stem or other tests; and

(c)sufficient production testing for coal seam gas has been undertaken throughout the deposit in the relevant coal seams to provide adequate certainty in relation to the estimations required under subsection (2)(a) and (b); and

(d)there are reasonable prospects for the economic production of coal seam gas from the deposit.

(4)The Minister may have regard to the JORC code in deciding the amount of data required—

(a)for a deposit of coal seam gas—to make estimates of the deposit for subsection (2)(a) and (b); or

(b)for the Minister to be satisfied of the matters mentioned in subsection (3)(a) to (c).

(5)In this section—

JORC code means the professional code of practice called the ‘Australasian code for reporting of exploration results, mineral resources and ore reserves’ published by the Australasian Joint Ore Reserves Committee and available on the department’s website.

relevant codes see section 318BA(4) of the Act.

22Conditions—Act, s 276

For section 276(1)(n) of the Act, the conditions to which a mining lease is subject are the conditions stated in—

(a)schedule 1, items 1 to 3; and

(b)if the lease applies to occupied land—schedule 1, item 4.

Note—

See also part 5.

23Activity reports—Act, s 315

(1)For section 315(1)(a) and (b)(i) of the Act, a holder of a coal or oil shale mining lease must give the Minister an activity report for the lease—

(a)if the chief executive approves a day nominated by the holder—within 2 months after the approved day; or

(b)otherwise—within 2 months after each anniversary day for the lease.

(2)For section 315(1)(b)(ii) of the Act, the activity report must contain the following—

(a)details of each of the following for the reporting period for the report—

(i)the amount and location of coal seam gas mined;

(ii)the amount of each designated CSG product mined;

(iii)the percentage of methane in each designated CSG product mined;

(iv)the amount and location of each mineral, other than designated CSG product, mined;

(v)for each mineral mentioned in subparagraph (i) or (ii)—

(A)the amount sold; and

(B)the amount disposed of other than by sale; and

(C)each method of disposal other than sale; and

(D)the amount disposed of under each method other than sale;

(vi)whether there was any subsidence and, if there was any, its nature;

(b)if the report states there was subsidence during the reporting period for the report—spatial information showing the extent of the subsidence;

(c)spatial information of the mine workings for the coal or oil shale mining lease during the reporting period for the report;

(d)any other data or information required under the practice direction.

(3)In this section—

anniversary day, for a coal or oil shale mining lease, means a day that is the anniversary of the day on which the lease started.

mine workings, for a coal or oil shale mining lease, means land that covers any of the following workings or activities or is needed for post-production activities—

(a)past mine workings for the lease;

(b)current mine workings for the lease;

(c)authorised activities for the lease associated with the processing, transportation, storage or use of the coal seam gas produced.

reporting day, for a coal or oil shale mining lease, means—

(a)if a day is approved under subsection (1)(a)—the approved day; or

(b)otherwise—the anniversary day for the lease.

reporting period, for an activity report for a coal or oil shale mining lease, means—

(a)if the chief executive has approved a day under subsection (1)(a), the period that—

(i)starts on the most recent reporting day for the lease; and

(ii)ends on the day before the approved day; or

(b)if subsection (1)(b) applies, the period of 12 months that ends on the day before the reporting day for the lease; or

(c)if the lease has ended, the period that—

(i)starts on the last reporting day for the lease; and

(ii)ends on the day the lease ends.

24Relinquishment report—Act, s 315A

(1)This section applies if, under a relinquishment condition, a holder of a coal or oil shale mining lease relinquishes part of the area of the lease (the relinquished area).

(2)For section 315A(2)(a) and (b)(i) of the Act, the holder must give the Minister a report about the relinquishment (the relinquishment report) when the holder gives notice of the relinquishment under section 318BM of the Act.

(3)For section 315A(2)(b)(ii) of the Act, the relinquishment report must contain the following—

(a)the authorised activities carried out in the relinquished area;

(b)the results of the activities mentioned in paragraph (a);

(c)any other data or information required under the practice direction.

(4)For section 315A(2)(b)(iii) of the Act, the holder must give a copy of the relinquishment report to each person who—

(a)holds an authority to prospect over land to which the report relates; or

(b)has applied for a petroleum lease over land to which the report relates.

25Surrender report—Act, s 315B

(1)This section applies if a holder of a coal or oil shale mining lease is required under section 318EG of the Act to make an application under section 309 of the Act (the surrender application) to surrender a stated part or percentage of the area of the lease (the surrendered area).

(2)For section 315B(2)(a) and (b)(i) of the Act, the holder must give the Minister a report about the surrender (the surrender report) when the holder makes the surrender application.

(3)For section 315B(2)(b)(ii) of the Act, the surrender report must contain the following—

(a)the authorised activities carried out in the surrendered area;

(b)the results of the activities mentioned in paragraph (a);

(c)any other data or information required under the practice direction.

26Notice of intention to drill

(1)If the holder of a coal or oil shale mining lease intends to drill a CSG well, the holder must lodge a notice about the intended drilling.

(2)The notice must—

(a)be lodged at least 10 business days before the drilling starts; and

(b)be in the digital form approved by the chief executive; and

(c)state a proposed identifying name for the CSG well.

(3)The proposed identifying name for the CSG well must not be the same, or substantially the same, as an identifying name for another CSG well or petroleum well recorded in the register.

27Notice about completion, alteration or abandonment

(1)If any of the following events happens under a coal or oil shale mining lease, the holder of the lease must lodge a notice about the event—

(a)the completion of the drilling of a CSG well;

(b)a change in the completion configuration of a CSG well;

(c)the abandonment of a CSG well.

(2)For subsection (1)(a), the drilling of a CSG well is completed if—

(a)the drilling rig last used to drill the CSG well is moved so the drilling rig is no longer above the CSG well; and

(b)the holder of the coal or oil shale mining lease intends no further drilling of the CSG well to occur.

(3)For subsection (1)(b), the completion configuration of a CSG well changes if, after the completion of the drilling of the well—

(a)additional casing is installed in the CSG well; or

(b)any part of the CSG well is plugged, other than for decommissioning the CSG well; or

(c)an interval in the CSG well is altered in any other way.

(4)The notice must—

(a)be lodged within 10 business days after the event happens; and

(b)be in the approved form.

28Daily drilling report

(1)The holder of a coal or oil shale mining lease must keep a report (a daily drilling report) for each day on which drilling of a CSG well is carried out under the lease.

(2)The holder must lodge a copy of each daily drilling report at the same time the holder lodges the CSG well completion report under section 29 for the well.

(3)Also, if the chief executive gives the holder a notice requiring the holder to lodge a copy of a daily drilling report, the holder must lodge the copy within 10 business days after the notice is given.

(4)A daily drilling report for drilling of a CSG well carried out under a coal or oil shale mining lease must contain the following about the drilling carried out on the day to which the report relates—

(a)the number of the lease;

(b)the identifying name of the CSG well;

(c)the name of the holder of the lease;

(d)the type of drilling rig used;

(e)a summary of the drilling operations carried out;

(f)the depth in metres of the CSG well at the end of the day’s drilling;

(g)the size and type of drill bits used;

(h)the drilling fluids and additives used;

(i)the size and depth in metres of any casing inserted in the CSG well;

(j)the depth in metres of the top and bottom of each cemented interval in the CSG well;

(k)the results of any deviation surveys carried out in the CSG well;

(l)a description of any drill stem tests or other tests carried out in the CSG well;

(m)the depth in metres of the top and bottom of each hydrocarbon show interval in the CSG well and the type and description of any surface observations of each interval;

(n)the type of any perforations in the CSG well, the depth in metres of the top and bottom of each perforated interval and the perforation spacing in metres;

(o)details of any stimulation carried out;

(p)details of any squeeze cementing or cement plugging carried out;

(q)a description of any cores or cutting samples taken;

(r)any other data or information required under the practice direction.

(5)In this section—

deviation survey means a survey of the path of a CSG well that measures its direction in 3 dimensions.

proppant means a solid material used to keep an induced hydraulic fracture open during, or after, stimulation of a natural underground reservoir.

Examples of a proppant—

sand, treated sand and manufactured ceramic materials

stimulation means a technique used to increase the permeability of a natural underground reservoir, including, for example, hydraulic fracturing, cavitation, fracture acidising and treatments using a proppant.

29CSG well completion report

(1)If the drilling of a CSG well under a coal or oil shale mining lease is completed, the holder of the lease must lodge a report (a CSG well completion report) about the completion of the CSG well within 12 months after the rig release day for the CSG well.

(2)The CSG well completion report must contain the following—

(a)the number of the lease;

(b)the identifying name of the CSG well;

(c)the name and postal address of the operator of the CSG well;

(d)a summary of the CSG well stating the information for the well required under the practice direction;

(e)spatial information showing the location of the CSG well;

(f)the height reference in metres for the drilling rig used to drill the CSG well;

(g)the total depth in metres of the CSG well;

(h)each of the following days—

(i)the day the drilling of the CSG well started;

(ii)the day the total depth of the CSG well was reached;

(iii)the rig release day for the CSG well;

(i)details of the drilling rig, the size and type of drill bits, and the drilling fluids and additives, used in the CSG well;

(j)the status of the CSG well on the rig release day;

(k)the surveyed path of the CSG well;

(l)details of the casing and equipment installed in the CSG well, including a diagram showing the location of the casing and equipment in the CSG well;

(m)the type of any perforations in the CSG well, the depth in metres of the top and bottom of each perforated interval and the perforation spacing in metres;

(n)details of the cementing in the CSG well, including the location of the cementing, the type of cement used and the depth in metres of the top and bottom of each cemented interval;

(o)a description of all tests and surveys carried out in the CSG well, the depth in metres where each test was carried out and the distance in metres between the top and bottom of each testing interval;

(p)an interpretation of the data obtained from the CSG well;

(q)an identification of the intervals in the CSG well that have the potential to produce coal seam gas;

(r)the holder’s reasons for choosing the location of the CSG well;

(s)the hazard information for the lease;

(t)any other data or information required under the practice direction.

(3)For a directional well, the CSG well completion report must also state the position of each of the following—

(a)the stratigraphic units intersected by the CSG well;

(b)the bottom of the CSG well;

(c)the intersection, if any, of the CSG well with another CSG well or a petroleum well.

(4)For subsection (3), the position must be expressed in relation to—

(a)total vertical depth in metres; and

(b)the horizontal plane.

(5)The CSG well completion report must be accompanied by each of the following—

(a)a digital image of the cores taken during the drilling of the CSG well;

(b)the raw data, in digital form, of each geophysical (or wireline) log that has been run in the CSG well;

(c)a digital image of the graphic representations of the raw data mentioned in paragraph (b).

(6)In this section—

directional well means a part of a CSG well that is intentionally not drilled vertically.

status, of a CSG well, means any of the following that describes the CSG well—

(a)for a CSG well that is producing—producing;

(b)for a CSG well that has temporarily stopped producing CSG—shut in;

(c)for a CSG well that is capable of producing CSG but the productive interval in the well has not been completed for production—cased and suspended;

(d)for a CSG well that has been plugged and abandoned—plugged and abandoned.

30CSG well abandonment report

(1)This section applies to the holder of a coal or oil shale mining lease or transitional lease in relation to the drilling of a CSG well under the lease if—

(a)the CSG well is used for mining coal seam gas for a purpose mentioned in section 318CN(2) or 318CNA(2) of the Act; and

(b)the CSG well is plugged and abandoned after the rig release day for the CSG well.

(2)The holder of the lease must lodge a report (an abandonment report) about the abandonment of the CSG well within 6 months after the CSG well is abandoned.

(3)The abandonment report must contain the following—

(a)the number of the lease;

(b)the identifying name of the CSG well;

(c)the name of the holder of the lease;

(d)the name of the operator of the CSG well;

(e)the name of the author of the report;

(f)a summary of the CSG well stating the information for the well required under the practice direction;

(g)the following information in relation to the abandonment of the CSG well—

(i)a full description of all equipment, including prescribed equipment, left in the CSG well, including the size and nature of the equipment and any features of the equipment that may cause a hazard to coal mining operations;

Examples of features of equipment that may cause a hazard to coal mining operations—

aluminium, electronics and batteries

(ii)the surveyed location of any prescribed equipment;

(iii)the method of the cementing operations carried out in or on the CSG well, including the location and type of plugs, the intervals covered by the operations, the volume and type of cement used, any losses of cement due to voids or permeable strata, and the methods used to overcome losses of cement;

(iv)the method, materials and volume of cement used to cement voids;

(v)a description of procedures or activities undertaken for the abandonment of the CSG well;

(h)any other data or information required under the practice direction.

(4)In this section—

coal mining operations see the Coal Mining Safety and Health Act 1999, schedule 3.

prescribed equipment means—

(a)metal equipment, other than casing; and

(b)other equipment that may create a hazard to coal mining operations.

Examples of metal equipment—

drilling equipment and geophysical logging tools

31Definition for part

In this part—

designated restricted area means each of the following restricted areas—

(a)restricted area 1;

(b)restricted area 25;

(c)restricted area 77.

32Conditions about access shafts—Act, ss 81 and 276

(1)This section prescribes additional conditions, under sections 81(1)(p) and 276(1)(n) of the Act, for either of the following mining tenements over a designated restricted area—

(a)a mining claim;

(b)a mining lease.

(2)An access shaft used for authorised activities under the mining tenement in the designated restricted area must—

(a)not have a diameter of more than 1m; and

(b)be backfilled after the authorised activity, for which the access shaft was used, ends.

(3)Also—

(a)not more than 3 access shafts used for authorised activities under the mining tenement may be open, at any time, in the designated restricted area; and

(b)an opened access shaft used for authorised activities under the mining tenement must be interconnected for ventilation and egress while the authorised activity, for which the access shaft is used, is being carried on.

33Requirements for measuring the taking of associated water—Act, s 334ZP

(1)This section prescribes, for section 334ZP(5)(a) of the Act, the requirements for the measurement or estimation of the volume of associated water taken by the holder of a mineral development licence or mining lease.

(2)The volume of associated water taken as a result of dewatering of a surface mine or an underground mine in the area of the licence or lease, if the dewatering is achieved using bores, must be calculated by measuring the volume of underground water extracted from each active bore field through a meter complying with AS 4747-2013 (Meters for non-urban water supply).

(3)The volume of associated water taken as a result of underground water entering a surface mine or an underground mine in the area of the licence or lease must be calculated by applying a method stated in the guideline for calculating the volume of associated water entering a surface mine or an underground mine.

(4)Despite subsections (2) and (3), the holder may calculate, in whole or in part, the volume of associated water taken using an alternative method—

(a)submitted to the chief executive in writing with—

(i)information supporting the reliability and accuracy of the method; and

(ii)an explanation of why the alternative method is preferred to the methods mentioned in subsection (2); and

(b)approved by the chief executive.

(5)In this section—

guideline means the guideline called ‘Quantifying the volume of associated water taken under a mining lease or mineral development licence’ made by the chief executive and published on the department’s website.

34Requirements for reporting the taking of associated water—Act, s 334ZP

(1)This section prescribes, for section 334ZP(5)(b) of the Act, the requirements for the reporting of the volume of associated water taken by the holder of a mineral development licence or mining lease.

(2)For each reporting period, the holder must report—

(a)if the total volume of associated water taken in the area of the licence or lease during the reporting period is 2ML or more—the total volume of associated water taken in the area; and

(b)if dewatering of a surface mine or an underground mine, in the area of the licence or lease, is achieved using bores—

(i)the volume of associated water extracted from each active bore field during the reporting period; and

(ii)the source geological formation from which the associated water was taken; and

(iii)whether the source geological formation is artesian or subartesian; and

(c)if, during the reporting period, the holder uses an alternative method under section 33(3) for the first time—an explanation of the alternative method.

(3)If the lease or licence expires or is surrendered, the holder must also report, for each surface mine in the area of the licence or lease—

(a)the relationship between the horizontal area of any pit associated with the mine and the elevation from the bottom of the pit based on survey data for the pit; and

(b)a prediction of the long term annual, steady state entry of underground water into any area of the mine that is rehabilitated; and

(c)an explanation of the method the holder used to make the prediction mentioned in paragraph (b).

(4)The holder must report under this section—

(a)if the reporting period ends on 31 October—within 1 calendar month after the end of the reporting period; or

(b)otherwise—on the day the mineral development licence or mining lease expires or is surrendered.

(5)In this section—

reporting period means the period that—

(a)starts on 1 November; and

(b)ends on—

(i)31 October of the following year; or

(ii)if the mineral development licence or mining lease expires or is surrendered on a day before 31 October of the following year—that day.

35Requests for further information about calculations

(1)This section applies if, under section 334ZP(5)(b) of the Act, the holder of a mineral development licence or mining lease reports to the chief executive the volume or estimated volume of associated water taken by the holder.

(2)The chief executive may, by notice given to the holder, ask the holder to give further information within a stated period about the calculation of the volume or estimated volume reported.

(3)The chief executive may, by notice given to the holder, extend the stated period.

(4)The holder must comply with a request under subsection (2), unless the holder has a reasonable excuse.

Maximum penalty—20 penalty units.

36Chief executive may review alternative method

(1)This section applies if the holder of a mineral development licence or mining lease uses an alternative method approved under section 33(4) instead of a method mentioned in section 33(2) or (3) (an original method) for measuring or estimating the volume of associated water taken by the holder.

(2)The chief executive may, at any time, review the alternative method to assess the reliability and accuracy of the method.

(3)If, as a result of the review, the chief executive no longer considers the alternative method to be reliable or accurate—

(a)the chief executive must, as soon as practicable, give the holder a notice stating the result of the review; and

(b)for the next reporting period, the holder must use—

(i)an original method; or

(ii)another alternative method that complies with section 33(4).

(4)In this section—

reporting period see section 34(5).

37Plugging and abandoning water monitoring bores—Act, s 334ZZS

For section 334ZZS(3)(a) of the Act, for decommissioning a water monitoring bore, the bore must be plugged and abandoned in accordance with the document called ‘Minimum construction requirements for water bores in Australia’ published on the department’s website.

38Particular applications can not be accepted

(1)A document (the document) purporting to be an application for a mining tenement can not be accepted as an application if—

(a)the person stated in the document as the applicant for the mining tenement is not an eligible person; or

(b)the land, stated in the document as the land for which the application is made, is unavailable land for the mining tenement for which the application is made; or

(c)the document is not in the approved form for an application for the mining tenement; or

Note—

See, however, the Acts Interpretation Act 1954, section 48A.

(d)the person has not paid the prescribed fee for the application.

(2)If, under subsection (1), the document can not be accepted as an application for a mining tenement, the chief executive must keep a copy of the document and give the person purporting to make the application a notice stating—

(a)that the document has not been accepted as an application for the mining tenement; and

(b)the reason the document has not been accepted.

(3)In this section—

unavailable land, for a mining tenement, means land over which the mining tenement can not be granted under the Act.

Examples of land over which a mining tenement can not be granted—

•land to which an existing mining tenement applies if the holder of the existing mining tenement is not the applicant or has not given the applicant written consent to apply for a mining tenement over the land

•land that is part of a restricted area if the mining tenement is a prohibited mining tenement for the restricted area

•land that is part of a protected area

•land that has been excluded from the application of the Act by a law of the Commonwealth

39Prescribed minerals and prescribed thresholds

(1)For schedule 2 of the Act, definition prescribed mineral, each mineral mentioned in schedule 3 is prescribed to be a prescribed mineral.

(2)For schedule 2 of the Act, definition prescribed threshold, the amount mentioned opposite a prescribed mineral in schedule 3 is prescribed to be the prescribed threshold for the mineral.

40Rental payable—Act, ss 95, 138, 193, 290 and 417

(1)The rental payable under the Act, for a year, for a mining tenement is stated in schedule 4.

(2)However, for a mineral development licence that relates to more than 1,000ha, the rental payable on each hectare must be worked out at the following rate—

(a)for the first 1,000ha—the rate mentioned in schedule 4;

(b)for the next 1,000ha—40% of the rate mentioned in schedule 4;

(c)for the next 3,000ha—25% of the rate mentioned in schedule 4;

(d)for the next 10,000ha—5% of the rate mentioned in schedule 4;

(e)for each additional hectare—1% of the rate mentioned in schedule 4.

(3)In this section—

year means—

(a)for an exploration permit—a period of 1 year starting, in each year, on the day the exploration permit was granted; or

(b)for another mining tenement—a rental year.

41Payment of deferred rental for first rental period by instalments—Act, s 291

(1)For section 291(3) of the Act, this section provides for the payment of the initial rent for a mining lease.

(2)The initial rent must be paid in 5 instalments.

(3)The amount payable for each instalment is the amount equivalent to 20% of the initial rent rounded to the nearest cent.

(4)Each instalment is payable within 20 business days after the following day—

(a)for the first instalment—the day that is 3 years after the last day of the first rental period;

(b)for the second instalment—the day that is 4 years after the last day of the first rental period;

(c)for the third instalment—the day that is 5 years after the last day of the first rental period;

(d)for the fourth instalment—the day that is 6 years after the last day of the first rental period;

(e)for the fifth instalment—the day that is 7 years after the last day of the first rental period.

(5)In this section—

initial rent see section 291(6) of the Act, definition initial rent.

42Critical minerals—Act, s 291

For section 291(6) of the Act, definition critical mineral, each mineral mentioned in schedule 5 is prescribed to be a critical mineral.

43Confidentiality periods for required information for mining tenements—Act, s 382

(1)This section prescribes, for section 382(2) of the Act, the confidentiality period for the required information for a mining tenement mentioned in schedule 6, column 1.

(2)The confidentiality period for the required information for a mining tenement starts on the day the information is lodged and ends on the day mentioned in schedule 6, column 2 opposite the required information.

(3)There is no confidentiality period for a CSG well abandonment report under section 30 if—

(a)the report is to be made available to a person under section 382(1)(b) of the Act; and

(b)the person is the holder of a coal or oil shale mining tenement; and

(c)the CSG well was drilled in the area of the person’s coal or oil shale mining tenement.

(4)There is no confidentiality period for required information for a mining tenement not mentioned in schedule 6, column 1.

44How chief executive may publish required information—Act, s 382

For section 382(1)(a) of the Act, the chief executive may publish required information for a mining tenement in any of the following ways—

(a)in a journal published by the department or under the Minister’s authority;

(b)in another publication considered appropriate by the chief executive;

(c)on the department’s website;

(d)in a publicly available database;

(e)on a map that is made available to the public for inspection or purchase;

(f)in digital or electronic form, including, for example, on a disc or tape;

(g)by displaying the information on a notice that is available to the public for inspection at—

(i)the department’s head office; and

(ii)other places the chief executive considers appropriate;

(h)by telling the information, or presenting the information in visual form, to another person.

45Plan of survey must be lodged

(1)This section applies if the Minister has, under section 407 of the Act, required the applicant for a grant of, or the holder of, a mining tenement to have the land to which the application relates or the tenement applies, surveyed or further surveyed.

(2)The plan of survey for the land must be lodged with the chief executive.

(3)If the plan of survey for the land does not meet the requirements of the Act, the chief executive may do either or both of the following—

(a)give the applicant or holder a notice requiring the applicant or holder to give the chief executive, within a stated period, further information about the survey;

(b)not accept the plan of survey.

Example of a survey not meeting the requirements of the Act—

In contravention of section 408(1) of the Act, a survey is carried out by a surveyor who has a share in the mining tenement.

46Prescribed way for making applications, giving, filing, forwarding or lodging documents or making submissions—Act, s 386O

(1)For section 386O(2)(b) of the Act, the prescribed way for doing any of the following is electronically, using the online system on the department’s website—

(a)making an application;

(b)giving a document to the Minister or chief executive;

(c)filing, forwarding or lodging a document;

(d)making a submission.

(2)Also, the chief executive may, by notice given to the person making, giving, filing, forwarding or lodging a document under subsection (1), require the person, within a stated period, to lodge a hard copy of the document at the place required under section 386O(2)(a) of the Act.

(3)A document lodged under subsection (1) electronically between 4.30p.m. on a business day and 8.30a.m. on the next business day (the later day) is taken to have been lodged at 8.30a.m. on the later day.

47Small scale mining code—Act, 391C

(1)For section 391C(1) of the Act, the small scale mining code consists of parts 2, 3 and 4 of the document called ‘Small scale mining code’ published by the department.

(2)The chief executive must—

(a)keep a copy of the code and a record of each part of the code including, for example, the dates of when each part was published or superseded; and

(b)ensure an up-to-date copy of the code and the record are available on the department’s website.

48Giving reports—Act, ss 141, 194 and 276

(1)This section prescribes, for sections 141(1)(e), 194(1)(g) and 276(1)(g) of the Act, the prescribed way for the holder of an exploration permit, mineral development licence or mining lease to give a report to the Minister.

(2)The report must be given electronically, using the system (the approved system) for submission of reports approved by the chief executive.

(3)A report given under subsection (2) must be in the digital format (the approved format) approved by the chief executive.

(4)However, the report may be in hard copy form if the chief executive gives the holder written approval before the report is given.

(5)The chief executive must ensure the approved system and a document explaining the approved format are available on the department’s website.

(6)In this section—

report includes a return, document and statement mentioned in section 141(1)(e), 194(1)(g) or 276(1)(g) of the Act.

49Time of lodgement to be noted

If an application under the Act is lodged with the chief executive and complies with the requirements under the Act for the application, the chief executive must endorse the application with the day and time the application was lodged.

50Hours of business

The hours for the conduct of business for an office of the chief executive are between 8.30a.m. and 4.30p.m. on each business day.

51Fees

The fees payable under the Act are stated in schedule 7.

52Definition for chapter

In this chapter—

expired regulation means the expired Mineral Resources Regulation 2013.

53Conditions of prospecting permit

Section 4 applies in relation to a prospecting permit whether the permit was granted before or after the commencement.

54Minimum security for district prospecting permit

Section 5 applies in relation to a district prospecting permit whether the permit was granted before or after the commencement.

55Existing notice stating survey of land has been completed

(1)This section applies if—

(a)before the commencement, the chief executive gave an applicant for a mining claim a notice under section 6 of the expired regulation; and

(b)immediately before the commencement, the period mentioned in section 6(3)(a) of the expired regulation had not expired.

(2)The notice is taken to have been given under section 6(1)(c).

(3)Anything done in relation to the notice is taken to have been done in relation to the notice under section 6.

56Conditions of mining claim

Section 8 applies in relation to a mining claim whether the claim was granted before or after the commencement.

57Declaration of prohibited machinery

Section 10 applies in relation to a mining claim whether the claim was granted before or after the commencement.

58Conditions of exploration permit

Section 12 applies in relation to an exploration permit whether the permit was granted before or after the commencement.

59Conditions of mineral development licence

Section 13 applies in relation to a mineral development licence whether the licence was granted before or after the commencement.

60Reporting obligations relating to exploration permit or mineral development licence

Chapter 2, part 3, division 3 applies in relation to an exploration permit or a mineral development licence whether the permit or licence was granted before or after the commencement.

61Existing notice stating survey of land has been completed

(1)This section applies if—

(a)before the commencement, the chief executive gave an applicant for a mining lease a notice under section 19(1)(d) of the expired regulation; and

(b)immediately before the commencement, the period mentioned in section 19(3)(a) of the expired regulation had not expired.

(2)The notice is taken to have been given under section 18(1)(c).

(3)Anything done in relation to the notice is taken to have been done in relation to the notice under section 18.

62Existing application for copy of application for mining lease

(1)This section applies if—

(a)before the commencement, a person applied under section 20 of the expired regulation for a copy of an application for a mining lease; and

(b)immediately before the commencement, the application had not been decided.

(2)The application is taken to have been made under section 19.

63Conditions of mining lease

Section 22 applies in relation to a mining lease whether the lease was granted before or after the commencement.

64Reporting obligations relating to coal or oil shale mining lease

Chapter 2, part 4, division 4 applies in relation to a coal or oil shale mining lease whether the lease was granted before or after the commencement.

65Additional conditions relating to designated restricted area

Section 32 applies in relation to a mining tenement over a designated restricted area mentioned in section 32 whether the tenement was granted before or after the commencement.

66Existing notice asking for further information about calculation of volume of water

(1)This section applies if—

(a)before the commencement, the chief executive gave the holder of a mineral development licence or mining lease a notice under section 31BA(2) of the expired regulation asking the holder to give further information within a stated period; and

(b)immediately before the commencement, the holder had not complied with the request.

(2)The notice is taken to have been given under section 35(2).

67Confidentiality periods for required information

Schedule 6 applies in relation to required information whether the required information was lodged before or after the commencement.

68Existing notice asking for further information about survey

(1)This section applies if—

(a)before the commencement, the chief executive asked, under section 93(3)(a) of the expired regulation, the applicant for the grant of, or the holder of, a mining tenement to give further information about a survey within a stated period; and

(b)immediately before the commencement, the applicant or holder had not complied with the request.

(2)The notice is taken to have been given under section 45(3).

69References to provisions of expired regulation

A reference in a document to a particular provision (the former provision) of the expired regulation may, to the extent necessary and if the context permits, be taken as a reference to a provision of this regulation all or part of which corresponds, or substantially corresponds, to the former provision.

70Regulation amended

This chapter amends the Coal Mining Safety and Health Regulation 2017.

71Amendment of s 12A (Application of division)

(1)Section 12A(1)(a)—
omit, insert—

(a)coal mining operations are carried out at the coal mine within any of the following areas (each an overlapping area)—

(i)the area of a petroleum lease (an overlapping petroleum lease);

(ii)an area adjacent to the area of a petroleum lease (an adjacent petroleum lease);

(iii)an area adjacent to the area of a mineral hydrocarbon mining lease, within the meaning of the Mineral Resources Act 1989, section 739; and

(2)Section 12A(2), definition area—
omit.

72Replacement of s 12B (Plan to manage overlapping areas)

Section 12B—
omit, insert—

12BPlan to manage overlapping areas

(1)A joint interaction management plan that contains at least the matter mentioned in subsection (2) must be made for the coal mine before the coal mining operations start.

(2)The matter is the identification of the hazards and the assessment of the risks to be controlled that—

(a)are, or may be, created by the coal mining operations or petroleum activities carried out in the overlapping area; and

(b)affect, or may be likely to affect, the safety and health of persons in the overlapping area.

(3)Before making the joint interaction management plan, the site senior executive must—

(a)make reasonable attempts to consult with the operator of each authorised activities operating plant in the overlapping area to jointly identify, analyse and assess risks and hazards in the overlapping area; and

(b)have regard to any reasonable provisions for the plan relating to the management of the risks and hazards that are proposed by the operators within 20 days after receiving a copy of the proposed plan; and

(c)either—

(i)reach agreement with the operator of each authorised activities operating plant in the overlapping area about the content of the proposed plan; or

(ii)apply for arbitration of the dispute under subsection (5) or (6).

(4)For subsection (3)(a), the site senior executive is taken to have made reasonable attempts to consult with the operator of an authorised activities operating plant if—

(a)the site senior executive gives the operator a copy of the proposed plan; and

(b)the operator has not, within 20 days after being given the copy, made any proposal to the site senior executive about the provisions for the plan.

(5)If the site senior executive and the operator of an authorised activities operating plant can not agree on the content of a proposed plan within 3 months after the operator receives a copy of the proposed plan, the site senior executive must apply for arbitration of the dispute.

(6)Despite subsection (5), either party may apply for arbitration of the dispute at any time.

(7)In this section—

arbitration means arbitration under the Mineral and Energy Resources (Common Provisions) Act 2014.

authorised activities operating plant see section 12BA.

73Amendment of s 12BA (Definitions for division)

(1)Section 12BA, definition overlapping area—
omit.

(2)Section 12BA—
insert—

overlapping area means—

(a)an overlapping area under the Mineral and Energy Resources (Common Provisions) Act 2014, section 104; or

(b)any of the following areas, if coal mining operations are carried out, or are to be carried out, under a coal mining lease granted before 27 September 2016 in the area, and operations physically affect, or may physically affect, the safety of persons or plant in the area—

(i)the area of a petroleum lease;

(ii)an area adjacent to the area of a petroleum lease.

74Amendment of s 12BB (Additional information required for joint interaction management plan—co-ordination of obligations)

Section 12BB(1)—
omit, insert—

(1)This section applies for section 64F(1)(i) of the Act.

75Amendment of sch 9 (Dictionary)

Schedule 9—
insert—

area, of a petroleum lease, see the Petroleum and Gas (Production and Safety) Act 2004.

operator, of an operating plant, see the Petroleum and Gas (Production and Safety) Act 2004, section 673.

76Regulation amended

This chapter amends the Mineral and Energy Resources (Common Provisions) Regulation 2016.

77Amendment of sch 2 (Fees)

Schedule 2, item 5, paragraph (a)(iv)(C) and item 6, paragraph (a)(vii)(C), ‘eluvial, colluvial and alluvial gold and eluvial, colluvial and alluvial tin’—
omit, insert—

gold, silver, and tin, that is eluvial, colluvial or alluvial

78Legislation amended

Schedule 9 amends the legislation it mentions.

sections 4, 8, 12, 13 and 22

1The holder, or another person acting under the authority, of a mining tenement must use, if practicable, only existing roads or tracks on the land subject to the tenement.

2The holder, or another person acting under the authority, of a mining tenement must take reasonable steps to ensure no reproductive material of a declared pest is moved onto, within or from the land subject to the tenement.

3The holder, or another person acting under the authority, of a mining tenement must not allow an animal in the custody of the holder or person to be on the land subject to the tenement unless—

(a)the land is fenced in a way that prevents the animal from leaving the land; or

(b)the animal is restrained.

4The holder, or another person acting under the authority, of a mining tenement must not discharge a firearm on the land subject to the tenement, unless—

(a)the holder of the tenement has obtained the written consent of the owner of the land; and

(b)if an authorised officer requests a copy of the consent—the consent has been given to the authorised officer.

5The holder, or another person acting under the authority, of a mining tenement must not light an open fire on the land to which the tenement applies, unless—

(a)the holder of the tenement has obtained the written consent of the owner of the land; and

(b)if an authorised officer requests a copy of the consent—the consent has been given to the authorised officer.

6The holder, or another person acting under the authority, of a mining tenement must not access the land subject to the tenement other than at a point designated by the chief executive, unless—

(a)the holder of the tenement has obtained the written consent of the owner of the land; and

(b)if an authorised officer requests a copy of the consent—the consent has been given to the authorised officer.

section 7

1Rubyvale designated fossicking land—900m²

2Sapphire designated fossicking land—900m²

3Reward designated fossicking land—900m²

4Divide designated fossicking land—900m²

5Willows designated fossicking land—900m²

6land within the boundaries of designated fossicking land mentioned in items 1 to 5, but not part of the designated fossicking land—900m²

1land in restricted area 26 within the boundaries shown on plan no. MP31028—900m²

1land in restricted area 25 within the boundaries shown on plan no. MP30953—2ha

2land in restricted area 296 within the boundaries shown on plan no. MP36673—900m²

3land in restricted area 297 within the boundaries shown on plan no. MP36673—900m²

1land in restricted area 77 within the boundaries shown on plan no. MP30955—900m²

section 39

section 40(1)

section 42

antimony

beryllium

bismuth

cadmium

cerium

cobalt

copper

dysprosium

erbium

europium

gadolinium

gallium

germanium

graphite

hafnium

high purity alumina

holmium

indium

iridium

lanthanum

lithium

lutetium

magnesium

manganese

molybdenum

neodymium

nickel

niobium

osmium

palladium

platinum

praseodymium

promethium

rhenium

rhodium

ruthenium

samarium

scandium

selenium

silica

silver

tantalum

tellurium

terbium

thulium

tin

titanium

tungsten

vanadium

ytterbium

yttrium

zinc

zirconium

section 43

section 51

section 3

active bore field means a single bore, or a group of bores, being used to dewater the whole, or a particular part, of a surface mine or underground mine.

affected land means land to which—

(a)a mining claim, mineral development licence or mining lease applies; or

(b)an application for a mining claim, mineral development licence or mining lease relates.

CSG well means a hole in the ground that is—

(a)made or being made by drilling, boring or any other means to explore for or produce coal seam gas; and

(b)is authorised under—

(i)a coal or oil shale mining lease for a use under section 318CN(2) or 318CNA(2) of the Act; or

(ii)a transitional lease.

declared pest means a plant or animal, other than a native species of plant or animal, that is—

(a)invasive biosecurity matter under the Biosecurity Act 2014; or

Notes—

1See the Biosecurity Act 2014, schedule 1, parts 3 and 4 and schedule 2, part 2.

2See also the notes to the Biosecurity Act 2014, schedules 1 and 2.

(b)controlled biosecurity matter or regulated biosecurity matter under the Biosecurity Act 2014.

designated fossicking land means land declared to be designated fossicking land under the Fossicking Act 1994, section 42.

designated restricted area, for chapter 2, part 5, see section 31.

hazard means a thing or situation with potential to cause harm to a person, property or the environment.

hazard information, for a mining tenement, means the following information for each hazard relating to activities carried out under the mining tenement—

(a)the nature of the hazard;

(b)the cause, or reason for existence, of the hazard;

(c)the location of the hazard;

(d)measures taken to prevent or reduce the risk of the hazard to mitigate the effects of the hazard.

identifying name means the unique identifying name and number for the CSG well recorded in the register.

notice means written notice.

operator, of a CSG well, means the operator of the coal mining-CSG operating plant under the Petroleum and Gas (Production and Safety) Act 2004, section 673(2) relating to the CSG well.

petroleum well see the Petroleum and Gas (Production and Safety) Act 2004, schedule 2.

practice direction means the practice direction called ‘Minerals and coal reporting practice direction’ that forms part of the practice manual kept under the Common Provisions Act, section 202.

rare earth means each of the following—

(a)cerium;

(b)dysprosium;

(c)erbium;

(d)europium;

(e)gadolinium;

(f)holmium;

(g)lanthanum;

(h)lutetium;

(i)neodymium;

(j)praseodymium;

(k)promethium;

(l)samarium;

(m)scandium;

(n)terbium;

(o)thulium;

(p)ytterbium;

(q)yttrium.

relinquished area, of an exploration permit, means the relinquished part of the area of the permit.

reproductive material, of an animal or plant, means any part of the animal or plant that is capable of asexual or sexual reproduction.

Examples of reproductive material of an animal—

semen, egg, part of an egg

Examples of reproductive material of a plant—

•seed or part of a seed

•bulb, rhizome, stolon, tuber or part of a bulb, rhizome, stolon or tuber

•stem or leaf cutting

restricted area means an area of land stated to be a restricted area in a gazette notice made by the Minister.

rig release day, for a CSG well under a coal or oil shale mining lease, means the day on which both of the following are satisfied—

(a)the drilling rig last used to drill the CSG well is moved so the drilling rig is no longer above the CSG well;

(b)the holder of the lease intends no further drilling of the CSG well to occur.

surface mine means—

(a)a mine other than an underground mine; or

(b)the surface operations of an underground mine.

surrendered area, for a mineral development licence, means the surrendered part of the area of the licence.

transitional lease means a mineral hydrocarbon mining lease as defined in section 739 of the Act.

underground mine means a mine where workers normally work beneath the surface of the earth, and includes structures, apparatus and equipment that extend continuously from the surface into an underground mine, but does not include the surface operations of the mine.

work program means—

(a)for an exploration permit—the work program (activities-based) or work program (outcomes-based) for a term of the permit; or

(b)for a mineral development licence—the statement of activities proposed to be carried out under the licence mentioned in section 183(1)(m)(ii) of the Act.

section 78

1Schedule 1, part 1, ‘Mineral Resources Regulation 2013’ —

omit, insert—

Mineral Resources Regulation 2025

1Schedule 2, section 15(3), definition critical mineral, ‘Mineral Resources Regulation 2013, schedule 4A’—

omit, insert—

Mineral Resources Regulation 2025, schedule 5